[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68395-68398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27166]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-092]


Mattresses From the People's Republic of China: Antidumping Duty 
Order

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

SUMMARY: Based on the affirmative final determination by the Department 
of Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing the antidumping duty (AD) order on mattresses from 
the People's Republic of China (China).

DATES: Applicable December 16, 2019.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Jonathan Hill, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0193 and (202) 
482-3518, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.210(c), on October 23, 2019, 
Commerce published its affirmative final determination of sales at 
less-than-fair-value (LTFV) of mattresses from China.\1\ On December 9, 
2019, the ITC notified Commerce of its final affirmative determination 
that an industry in the United States is materially injured by reason 
of LTFV imports of mattresses from China, within the meaning of section 
735(b)(1)(A)(i) of the Act.\2\
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    \1\ See Mattresses from the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value, and 
Final Affirmative Determination of Critical Circumstances, in Part, 
84 FR 56761 (October 23, 2019) (Final Determination).
    \2\ See ITC Notification Letter regarding ITC Investigation No. 
731-TA-1424 (December 9, 2019) (ITC Notification).
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Scope of the Order

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

Order

    In accordance with section 735(d) of the Act, the ITC notified 
Commerce of its final determination that an industry in the United 
States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act by reason of imports of mattresses from 
China that are sold in the United States at LTFV.\3\ The ITC also made 
a determination that critical circumstances do not exist with respect 
to imports of mattresses from China subject to Commerce's critical 
circumstances finding.\4\ Therefore, in accordance with section 
735(c)(2) of the Act, we are issuing this order. Because the ITC 
determined that imports of mattresses from China are materially 
injuring a U.S. industry, unliquidated entries of such merchandise from 
China entered, or withdrawn from warehouse, for consumption are subject 
to the assessment of antidumping duties.
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    \3\ Id.
    \4\ See Mattresses From China, 84 FR 67958 (December 12, 2019) 
(ITC Mattress Final) and Mattresses From China Investigation No. 
731-TA-1424 (FINAL), Publication 5000, December 2019.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by 
Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price, or constructed 
export price, of the subject merchandise for all relevant entries of 
mattresses from China. Antidumping duties will be assessed on 
unliquidated entries of mattresses from China entered, or withdrawn 
from warehouse, for consumption on or after June 4, 2019,

[[Page 68396]]

the date of publication of the Preliminary Determination, but 
antidumping duties will not be assessed on entries of subject 
merchandise after the expiration of the provisional measures period and 
before publication in the Federal Register of the ITC's final injury 
determination, as further described below.\5\
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    \5\ See Mattresses From the People's Republic of China: 
Preliminary Determination of Sales at Less-Than-Fair-Value, 
Postponement of Final Determination and Affirmative Preliminary 
Determination of Critical Circumstances, 84 FR 25732 (June 4, 2019) 
(Preliminary Determination).
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Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice below, in accordance with section 735(c)(1)(B) of the Act, 
Commerce intends to instruct CBP to continue to suspend liquidation on 
all relevant entries of mattresses from China. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the table below. Given that the provisional measures period has 
expired, as explained below, effective on the date of publication in 
the Federal Register of the notice of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the estimated weighted-average dumping margins listed 
in the table below.\6\ The China-wide entity rate applies to all 
exporter-producer combinations not specifically listed.
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    \6\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of mattresses from China, Commerce extended the four-month period to 
six months in this proceeding.\7\ In the underlying investigation, 
Commerce published the Preliminary Determination on June 4, 2019. 
Hence, the extended provisional measures period, beginning on the date 
of publication of the Preliminary Determination, ended on November 30, 
2019.
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    \7\ Preliminary Determination, 84 FR at 25735.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, Commerce intends to instruct CBP to terminate the suspension 
of liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of mattresses from China, entered, or withdrawn 
from warehouse, for consumption after November 30, 2019, the final day 
on which the provisional measures were in effect, through the day 
preceding the date of publication of the ITC's final affirmative injury 
determination in the Federal Register.\8\ Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final determination in the Federal Register.
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    \8\ See ITC Mattress Final.
    \9\ See Memorandum, ``Antidumping Duty Investigation of 
Mattresses from the People's Republic of China: Final Determination 
of Affiliation/Single Entity Treatment of Zinus Xiamen Inc., Zinus 
Zhangzhou Inc., and Zinus Inc.,'' dated October 17, 2019.
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of mattresses from China, Commerce intends to 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated antidumping duties with respect to 
entries of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after March 6, 2019 (i.e., 90 days prior to the 
date of publication of the Preliminary Determination), but before June 
4, 2019, (i.e., the date of publication of the Preliminary 
Determination).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margin percentages are as 
follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
            Exporter                     Producer             average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Healthcare Co., Ltd............  Healthcare Co., Ltd....           57.03
Zinus Inc./Zinus Xiamen Inc./    Zinus Inc./Zinus Xiamen          192.04
 Zinus Zhangzhou Inc\9\.          Inc./Zinus Zhangzhou
                                  Inc.
Dockter China Limited..........  Dongguan Beijianing              162.76
                                  Household Products
                                  Co., Ltd (a.k.a.
                                  Better Zs, Ltd.).
Dockter China Limited..........  Healthcare Co., Ltd....          162.76
Dockter China Limited..........  Huizhou Lemeijia                 162.76
                                  Household Products
                                  Co., Ltd. (a.k.a.
                                  Better Zs, Ltd.).
Foshan Chiland Furniture Co.,    Foshan Chiland                   162.76
 Ltd.                             Furniture Co., Ltd.
Foshan City Jinxingma Furniture  Foshan City Jinxingma            162.76
 Manufacture Co., Ltd.            Furniture Manufacture
                                  Co., Ltd.
Foshan City Kewei Furniture      Foshan City Kewei                162.76
 Co., Ltd.                        Furniture Co., Ltd.
Foshan City Shunde Haozuan       Foshan City Shunde               162.76
 Furniture Co., Ltd.              Haozuan Furniture Co.,
                                  Ltd.
Foshan EON Technology Industry   Foshan EON Technology            162.76
 Co., Ltd.                        Industry Co., Ltd.
Foshan Mengruo Household         Foshan Mengruo                   162.76
 Furniture Co., Ltd.              Household Furniture
                                  Co., Ltd.
Foshan Qisheng Sponge Co., Ltd.  Foshan Qisheng Sponge            162.76
                                  Co., Ltd.
Foshan Ruixin Non Woven Co.,     Foshan Ruixin Non Woven          162.76
 Ltd.                             Co., Ltd.
Foshan Suilong Furniture Co.     Foshan Suilong                   162.76
 Ltd.                             Furniture Co. Ltd.
Foshan Ziranbao Furniture Co.,   Foshan Ziranbao                  162.76
 Ltd.                             Furniture Co., Ltd.
Guangdong Diglant Furniture      Guangdong Diglant                162.76
 Industrial Co., Ltd.             Furniture Industrial
                                  Co., Ltd.
Healthcare Sleep Products        Healthcare Co., Ltd....          162.76
 Limited.
Hong Kong Gesin Technology       Inno Sports Co., Ltd...          162.76
 Limited.
lnno Sports Co., Ltd...........  lnno Sports Co., Ltd...          162.76
Jiangsu Wellcare Household       Jiangsu Wellcare                 162.76
 Articles Co., Ltd.               Household Articles
                                  Co., Ltd.
Jiashan Nova Co., Ltd..........  Jiashan Nova Co., Ltd..          162.76

[[Page 68397]]

 
Jiaxing Taien Springs Co., Ltd.  Jiaxing Taien Springs            162.76
                                  Co., Ltd.
Jiaxing Visco Foam Co., Ltd....  Jiaxing Visco Foam Co.,          162.76
                                  Ltd.
Jinlongheng Furniture Co., Ltd.  Jinlongheng Furniture            162.76
                                  Co., Ltd.
Luen Tai Group (China) Limited.  Shenzhen L&T Industrial          162.76
                                  Co., Ltd.
Luen Tai Global Limited........  Shenzhen L&T Industrial          162.76
                                  Co., Ltd.
Man Wah Furniture Manufacturing  Man Wah Household                162.76
 (Hui Zhou) Co., Ltd., Man Wah.   Industry (Huizhou)
(MACAO Commercial Offshore),      Co., Ltd.
 Ltd. and Man Wah (USA), Inc.
Ningbo Megafeat Bedding Co.,     Ningbo Megafeat Bedding          162.76
 Ltd.                             Co., Ltd.
Ningbo Shuibishen Home Textile   Ningbo Shuibishen Home           162.76
 Technology Co., Ltd.             Textile Technology
                                  Co., Ltd.
Nisco Co., Ltd.................  Healthcare Co., Ltd....          162.76
Quanzhou Hengang Imp. & Exp.     Quanzhou Hengang                 162.76
 Co., Ltd.                        Industries Co., Ltd.
Shanghai Glory Home Furnishings  Shanghai Glory Home              162.76
 Co., Ltd.                        Furnishings Co., Ltd.
Sinomax Macao Commercial         Dongguan Sinohome                162.76
 Offshore Limited.                Limited.
Sinomax Macao Commercial         Sinomax (Zhejiang)               162.76
 Offshore Limited.                Polyurethane
                                  Technology Ltd.
Wings Developing Co., Limited..  Quanzhou Hengang                 162.76
                                  Industries Co., Ltd.
Xianghe Kaneman Furniture Co.,   Xianghe Kaneman                  162.76
 Ltd.                             Furniture Co., Ltd.
Xilinmen Furniture Co., Ltd....  Xilinmen Furniture Co.,          162.76
                                  Ltd.
Zhejiang Glory Home Furnishings  Zhejiang Glory Home              162.76
 Co., Ltd.                        Furnishings Co., Ltd.
    China-wide entity..........  .......................        1,731.75
------------------------------------------------------------------------

Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
mattresses from China pursuant to sections 736(a) of the Act. 
Interested parties can find a list of orders currently in effect at 
http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: December 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The products covered by this order are 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 order 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 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 order 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 order 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.
    Also excluded is certain multifunctional furniture that is 
convertible from seating to sleeping, regardless of filler material 
or components, where that filler material or components are 
integrated into the design and construction of, and inseparable 
from, the furniture framing. Such furniture may, and without 
limitation, be commonly referred to as ``convertible sofas,'' ``sofa 
beds,'' ``sofa chaise sleepers,'' ``futons,'' ``ottoman sleepers'' 
or a like description.
    Further, also excluded from the scope of this order 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).
    Additionally, also excluded from the scope of this order are 
``mattress toppers.'' A ``mattress topper'' is a removable bedding 
accessory that supplements a mattress by providing an additional 
layer that is placed on top of a mattress. Excluded mattress toppers 
have a height of four inches or less.
    The products subject to this order are currently properly 
classifiable under Harmonized Tariff Schedule for the United States 
(HTSUS) subheadings: 9404.21.0010,

[[Page 68398]]

9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 
9404.29.9087. Products subject to this order 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. 2019-27166 Filed 12-13-19; 8:45 am]
 BILLING CODE 3510-DS-P