[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52386-52391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22577]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-092]


Mattresses From the People's Republic of China: Initiation of 
Less-Than-Fair-Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable October 9, 2018.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Lilit Astvatsatrian 
at (202) 482-0193 or (202) 482-6412, respectively; AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On September 18, 2018, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) Petition concerning imports of 
mattresses from the People's Republic of China (China), filed in proper 
form on behalf of Corsicana Mattress Company, Elite Comfort Solutions, 
Future Foam Inc., FXI, Inc., Innocor, Inc., Kolcraft Enterprises Inc., 
Leggett & Platt, Incorporated, Serta Simmons Bedding, LLC, and Tempur 
Sealy International, Inc. (the petitioners).\1\
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    \1\ See the petitioners' Letter, ``Mattresses from the People's 
Republic of China: Antidumping Duty Petition,'' dated September 18, 
2018 (the Petition).
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    On September 25, 2018, October 2, and October 5, 2018, the 
petitioners filed responses to a supplemental questionnaire issued by 
Commerce and a request for revisions to their surrogate financial ratio 
calculation and scope, respectively.\2\
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    \2\ See Commerce's Letter, ``Petition for the Imposition of 
Antidumping Duties on Imports of Mattresses from the People's 
Republic of China: Supplemental Questions,'' dated September 21, 
2018; the petitioner's letter, ``Mattresses from the People's 
Republic of China: Response to the Department of Commerce's 
September 21, 2018 Supplemental Questions,'' dated September 25, 
2018 (Petition Supplement); Memorandum, ``Phone Conversation 
Regarding Surrogate Financial Ratio Calculations,'' dated October 2, 
2018; the petitioner's letter, ``Mattresses from the People's 
Republic of China: Request for Revised Normal Value and Dumping 
Margin Calculations,'' dated October 2, 2018 (Second Supplement) and 
the petitioner's letter, ``Mattresses from the People's Republic of 
China: Modification to Scope Language,'' dated October 5, 2018 
(Scope Supplement).

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[[Page 52387]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of mattresses 
from China are being, or are likely to be, sold in the United States at 
less than fair value within the meaning of section 731 of the Act, and 
that such imports are materially injuring, or threatening material 
injury to, the domestic industry producing mattresses in the United 
States. Consistent with section 732(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to the petitioners 
supporting their allegation.
    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because the petitioners are interested parties as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioners demonstrated sufficient industry support with respect to 
the initiation of the investigation that the petitioners are 
requesting.\3\
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    \3\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is January 1, 
2018, through June 30, 2018.

Scope of the Investigation

    The product covered by this investigation is mattresses from China. 
For a full description of the scope of this investigation, see the 
Appendix to this notice.

Scope Comments

    During our review of the Petition, we contacted the petitioners 
regarding the proposed scope to ensure that the scope language in the 
Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\4\ As a result, the scope of the 
Petition was modified to clarify the description of merchandise covered 
by the Petition. The description of the merchandise covered by this 
investigation, in the Appendix to this notice, reflects these 
clarifications.
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    \4\ See Petition Supplement at 3-5 and Scope Supplement at 1-3.
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    As discussed in the preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\5\ Commerce will consider all scope comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\6\ all 
such factual information should be limited to public information. To 
facilitate preparation of the AD questionnaire, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on October 29, 2018, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on November 8, 2018, which 
is 10 calendar days from the initial comments deadline.\7\
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \7\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information considered by 
parties to be relevant to the scope of the investigation be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the record of the AD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\8\ An electronically 
filed document must be received successfully in its entirety by the 
time and date that it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of mattresses to be 
reported in response to Commerce's AD questionnaire. This information 
will be used to identify the key physical characteristics of the 
merchandise under consideration in order to report the relevant factors 
of production (FOP) accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
product characteristics comments must be filed by 5:00 p.m. ET on 
October 29, 2018, which is 20 calendar days from the signature date of 
this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on 
November 8, 2018. All comments and submissions to Commerce must be 
filed electronically on the record of this investigation using ACCESS, 
as explained above.\9\
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    \9\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) if there is a large number of producers in the industry, determine 
industry support using a statistically valid sampling method to poll 
the ``industry.''

[[Page 52388]]

    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers, as a whole, of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\10\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\11\
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    \10\ See section 771(10) of the Act.
    \11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the Petition. Based on our analysis of the information submitted on 
the record, we have determined that mattresses, as defined in the 
scope, constitute a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\12\
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    \12\ For a discussion of the domestic like product analysis, see 
Antidumping Duty Investigation Initiation Checklist: Mattresses from 
the People's Republic of China (China AD Initiation Checklist) at 
Attachment II, Analysis of Industry Support for the Antidumping Duty 
Petition Covering Mattresses from the People's Republic of China 
(Attachment II). This checklist is dated concurrently with, and 
hereby adopted by, this notice and is on file electronically via 
ACCESS. Access to documents filed via ACCESS is also available in 
the Central Records Unit, Room B8024 of the main Department of 
Commerce building.
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    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioners provided 
their own shipments of the domestic like product in 2017, and compared 
this to the estimated total shipments of the domestic like product for 
the entire domestic industry.\13\ Because total industry production 
data for the domestic like product for 2017 are not reasonably 
available to the petitioners, and the petitioners have established that 
shipments are a reasonable proxy for production data,\14\ we have 
relied on the data the petitioners provided for purposes of measuring 
industry support.\15\
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    \13\ See Petition Supplement at 8-10 and Exhibits 3 through 6.
    \14\ See Volume I of the Petition at 5.
    \15\ Id. at 5; see also Volume II of the Petition at Exhibits 3 
and 16; see also Petition Supplement at 8-10 and Exhibits 3 through 
6. For further discussion, see China AD Initiation Checklist at 
Attachment II.
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    Our review of the data provided in the Petition, the Petition 
Supplement, and other information readily available to Commerce 
indicates that the petitioners have established industry support for 
the Petition.\16\ First, the petitioners established support from 
domestic producers (or workers) accounting for more than 50 percent of 
the total production of the domestic like product and, as such, 
Commerce is not required to take further action in order to evaluate 
industry support (e.g., polling).\17\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petition account for at least 25 percent of 
the total production of the domestic like product.\18\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petition account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petition.\19\ Accordingly, Commerce determines that 
the Petition was filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.
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    \16\ See China AD Initiation Checklist at Attachment II.
    \17\ See section 732(c)(4)(D) of the Act; see also China AD 
Initiation Checklist at Attachment II.
    \18\ See China AD Initiation Checklist at Attachment II.
    \19\ Id.
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    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because they are interested parties as defined in 
section 771(9)(C) of the Act, and they have demonstrated sufficient 
industry support with respect to the investigation that they are 
requesting that Commerce initiate.\20\
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    \20\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\21\
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    \21\ See Volume I of the Petition at 16; see also Volume II of 
the Petition at Exhibit 10.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports, 
reduced market share, underselling and price depression or suppression, 
lost sales and revenues, and declines in the domestic industry's 
production, U.S. shipments, production-related workers, and financial 
performance.\22\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence, and meet the statutory requirements for 
initiation.\23\
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    \22\ See Volume I of the Petition at 1-3, 13, 16-31, see also 
Volume II of the Petition at Exhibits 3 and 10 through 20.
    \23\ See China AD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petition Covering Mattresses from 
the People's Republic of China.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which Commerce based its decision to initiate this 
investigation. The sources of U.S. prices and data relating to NV are 
discussed in greater detail in the China AD Initiation Checklist.

Export Price

    The petitioners based export price (EP) on an actual invoice price 
for mattresses produced in, and exported from, China and sold or 
offered for sale in the United States, and on the average unit value 
(AUV) of publicly available

[[Page 52389]]

import data.\24\ No adjustments were made to the U.S. prices before 
comparing them to NV.\25\
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    \24\ See China AD Initiation Checklist.
    \25\ Id.
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Normal Value

    Commerce considers China to be an NME country.\26\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we are continuing to treat China as an NME country 
for purposes of initiating this investigation. Accordingly, NV in China 
is appropriately based on FOPs valued in a surrogate market economy 
country, in accordance with section 773(c) of the Act.\27\
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    \26\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying decision memorandum, titled China's Status as a Non-
Market Economy (unchanged in Certain Aluminum Foil from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 83 FR 9282 (March 5, 2018)).
    \27\ See China AD Initiation Checklist.
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    The petitioners claim that Mexico is an appropriate surrogate 
country for China because it is a market economy country that is at a 
level of economic development comparable to that of China and it is a 
significant producer of comparable merchandise.\28\ The petitioners 
provided publicly available information from Mexico, including 
financial statements of a Mexican producer of mattresses, to value all 
FOPs.\29\ Based on the information provided by the petitioners, we 
determine that it is appropriate to use Mexico as the primary surrogate 
country for initiation purposes.
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    \28\ See Volume II of the Petition at 32-34 and Exhibits 24.
    \29\ Id. at 34-36 and Exhibits 26-30.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

FOPs

    The petitioners asserted that information regarding the types and 
volumes of inputs that are consumed by Chinese companies in producing 
mattresses is not reasonably available to them; thus, the petitioners 
used the consumption rates of a U.S. mattress producer to estimate the 
Chinese manufacturers' FOPs.\30\ The petitioners valued the estimated 
FOPs using surrogate values from Mexico, as noted above.\31\
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    \30\ See Volume II of the Petition at 34-36 and Exhibit 26 and 
Petition Supplement at 13-15 and Exhibit 3.
    \31\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of mattresses from China are being, or are likely 
to be, sold in the United States at less than fair value. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for mattresses from China are 258.74 
and 1,731.75 percent.\32\
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    \32\ See China AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigation

    Based upon the examination of the Petition, we find that the 
Petition meets the requirements of section 732 of the Act. Therefore, 
we are initiating an AD investigation to determine whether imports of 
mattresses from China are being, or are likely to be, sold in the 
United States at less than fair value. In accordance with section 
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 140 days after 
the date of this initiation.

Respondent Selection

    The petitioners named 55 producers/exporters as accounting for the 
majority of exports of mattresses to the United States from China.\33\ 
In accordance with our standard practice for respondent selection in AD 
cases involving NME countries, we intend to issue quantity and value 
(Q&V) questionnaires to producers/exporters of merchandise subject to 
this investigation. In the event Commerce determines that it cannot 
individually examine each producer/exporter, where appropriate, 
Commerce intends to select mandatory respondents based on the responses 
received to its Q&V questionnaire. Commerce will request Q&V 
information from known exporters and producers identified with complete 
contact information in the Petition. In addition, Commerce will post 
the Q&V questionnaire along with filing instructions on Enforcement and 
Compliance's website at http://www.trade.gov/enforcement/news.asp.
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    \33\ See Volume I of the Petition at Exhibit I-6; see also 
Petition Supplement at 1 and Exhibit 1.
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    Producers/exporters of mattresses from China that do not receive 
Q&V questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Enforcement & Compliance's website. The Q&V questionnaire response must 
be submitted by the relevant Chinese exporters/producers no later than 
5:00 p.m. ET on October 23, 2018, which is two weeks from the signature 
date of this notice. All Q&V questionnaire responses must be filed 
electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
companies must submit a separate-rate application.\34\ The specific 
requirements for submitting a separate-rate application in this 
investigation are outlined in detail in the application itself, which 
is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days 
after publication of this initiation notice.\35\ Companies that submit 
a separate-rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate-rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from China 
submit a response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate-rate 
consideration.
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    \34\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \35\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for respondents that are 
eligible for a separate rate in an NME investigation. The Separate 
Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well

[[Page 52390]]

as the pool of non-investigated firms receiving the weighted-average 
of the individually calculated rates. This practice is referred to 
as the application of ``combination rates'' because such rates apply 
to specific combinations of exporters and one or more producers. The 
cash-deposit rate assigned to an exporter will apply only to 
merchandise both exported by the firm in question and produced by a 
firm that supplied the exporter during the period of 
investigation.\36\
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    \36\ See Policy Bulletin 05.1 at 6 (emphasis in original).

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the government of China via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of Commerce's initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of mattresses from China are materially 
injuring or threatening material injury to a U.S. industry.\37\ A 
negative ITC determination will result in the investigation being 
terminated.\38\ Otherwise, the investigation will proceed according to 
statutory and regulatory time limits.
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    \37\ See section 733(a) of the Act.
    \38\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\39\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\40\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \39\ See 19 CFR 351.301(b).
    \40\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests 
in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\41\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\42\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \41\ See section 782(b) of the Act.
    \42\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 9, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The scope of this investigation covers all types of youth and 
adult mattresses. The term ``mattress'' denotes an assembly of 
materials that at a minimum includes a ``core,'' which provides the 
main support system of the mattress, and may consist of 
innersprings, foam, other resilient filling, or a combination of 
these materials. Mattresses may also contain (1) ``upholstery,'' the 
material between the core and the top panel of the ticking on a 
single-sided mattress, or between the core and the top and bottom 
panel of the ticking on a double-sided mattress; and/or (2) 
``ticking,'' the outermost layer of fabric or other material (e.g., 
vinyl) that encloses the core and any upholstery, also known as a 
cover.
    The scope of this investigation is restricted to only ``adult 
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' have a 
width exceeding 35 inches, a length exceeding 72 inches, and a depth 
exceeding 3 inches on a nominal basis. Such mattresses are 
frequently described as ``twin,'' ``extra-long twin,'' ``full,'' 
``queen,'' ``king,'' or ``California king'' mattresses. ``Youth 
mattresses'' have a width exceeding 27 inches, a length exceeding 51 
inches, and a depth exceeding 1 inch (crib mattresses have a depth 
of 6 inches or less from edge to edge) on a nominal basis. Such 
mattresses are typically described as ``crib,'' ``toddler,'' or 
``youth'' mattresses. All adult and youth mattresses are included 
regardless of actual size description.
    The scope encompasses all types of ``innerspring mattresses,'' 
``non-innerspring mattresses,'' and ``hybrid mattresses.'' 
``Innerspring mattresses'' contain innersprings, a series of metal 
springs joined together in sizes that correspond to the dimensions 
of mattresses. Mattresses that contain innersprings are referred to 
as ``innerspring mattresses'' or ``hybrid

[[Page 52391]]

mattresses.'' ``Hybrid mattresses'' contain two or more support 
systems as the core, such as layers of both memory foam and 
innerspring units.
    ``Non-innerspring mattresses'' are those that do not contain any 
innerspring units. They are generally produced from foams (e.g., 
polyurethane, memory (viscoelastic), latex foam, gel-infused 
viscoelastic (gel foam), thermobonded polyester, polyethylene) or 
other resilient filling.
    Mattresses covered by the scope of this investigation may be 
imported independently, as part of furniture or furniture mechanisms 
(e.g., convertible sofa bed mattresses, sofa bed mattresses imported 
with sofa bed mechanisms, corner group mattresses, day-bed 
mattresses, roll-away bed mattresses, high risers, trundle bed 
mattresses, crib mattresses), or as part of a set in combination 
with a ``mattress foundation.'' ``Mattress foundations'' are any 
base or support for a mattress. Mattress foundations are commonly 
referred to as ``foundations,'' ``boxsprings,'' ``platforms,'' and/
or ``bases.'' Bases can be static, foldable, or adjustable. Only the 
mattress is covered by the scope if imported as part of furniture, 
with furniture mechanisms, or as part of a set in combination with a 
mattress foundation.
    Excluded from the scope of this investigation are ``futon'' 
mattresses. A ``futon'' is a bi-fold frame made of wood, metal, or 
plastic material, or any combination thereof, that functions as both 
seating furniture (such as a couch, love seat, or sofa) and a bed. A 
``futon mattress'' is a tufted mattress, where the top covering is 
secured to the bottom with thread that goes completely through the 
mattress from the top through to the bottom, and it does not contain 
innersprings or foam. A futon mattress is both the bed and seating 
surface for the futon.
    Also excluded from the scope are airbeds (including inflatable 
mattresses) and waterbeds, which consist of air- or liquid-filled 
bladders as the core or main support system of the mattress.
    Further, also excluded from the scope of this investigation are 
any products covered by the existing antidumping duty order on 
uncovered innerspring units. See Uncovered Innerspring Units from 
the People's Republic of China: Notice of Antidumping Duty Order, 74 
FR 7661 (February 19, 2009).
    The products subject to this investigation are currently 
properly classifiable under Harmonized Tariff Schedule for the 
United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 
9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products 
subject to this investigation may also enter under HTSUS 
subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, 
and 9401.90.5081. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise subject to this investigation is dispositive.

[FR Doc. 2018-22577 Filed 10-16-18; 8:45 am]
 BILLING CODE 3510-DS-P