[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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ Preliminary Determination, 84 FR at 25735.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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