[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76105-76107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26164]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-645 and 731-TA-1495-1501 (Final)]


Mattresses From Cambodia, China, Indonesia, Malaysia, Serbia, 
Thailand, Turkey, and Vietnam; Scheduling of the Final Phase of 
Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-645 and 731-TA-1495-1501 (Final) pursuant to the Tariff Act of 
1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of mattresses from Cambodia, Indonesia, 
Malaysia, Serbia, Thailand, Turkey, and Vietnam, provided for in 
subheadings 9404.21.00, 9404.29.10, 9404.29.90, 9401.40.00, and 
9401.90.50 of the Harmonized Tariff Schedule of the United States, 
preliminarily determined by the Department of Commerce (``Commerce'') 
to be sold in the United States at less than fair value and imports of 
mattresses from China preliminarily determined by Commerce to be 
subsidized by the Government of China.

DATES: November 3, 2020.

FOR FURTHER INFORMATION CONTACT: Mary Messer ((202) 205-3193), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as follows:
    ``. . . 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'' are 
frequently described as ``twin,'' ``extra-long twin,'' ``full,'' 
``queen,'' ``king,'' or ``California king'' mattresses. ``Youth 
mattresses'' are typically described as ``crib,'' ``toddler,'' or 
``youth'' mattresses. All adult and youth mattresses are included 
regardless of size and 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 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.
    Also excluded is certain multifunctional furniture that is

[[Page 76106]]

convertible from seating to sleeping, regardless of filler material or 
components, where that filler material or components are upholstered, 
integrated into the design and construction of, and inseparable from, 
the furniture framing, and the outermost layer of the multifunctional 
furniture converts into the sleeping surface. Such furniture may, and 
without limitation, be commonly referred to as ``convertible sofas,'' 
``sofabeds,'' ``sofa chaise sleepers,'' ``futons,'' ``ottoman 
sleepers'' or a like description.
    Also excluded from the scope of this investigation are any products 
covered by the existing antidumping duty orders on uncovered 
innerspring units from China or Vietnam. See Uncovered Innerspring 
Units from the People's Republic of China: Notice of Antidumping Duty 
Order, 74 FR 7661 (February 19, 2009); Uncovered Innerspring Units from 
the Socialist Republic of Vietnam, 73 FR 75391 (December 11, 2008).
    Also excluded from the scope of this investigation are bassinet 
pads with a nominal length of less than 39 inches, a nominal width less 
than 25 inches, and a nominal depth of less than 2 inches.
    Additionally, also excluded from the scope of this investigation 
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 investigation are currently . . . 
classifiable under 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.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of mattresses, and that such products imported from 
Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam 
are being sold in the United States at less than fair value within the 
meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in petitions filed on March 31, 2020, by Brooklyn 
Bedding (Phoenix, Arizona), Corsicana Mattress Company (Dallas, Texas), 
Elite Comfort Solutions (Newnan, Georgia), FXI, Inc. (Media, 
Pennsylvania), Innocor, Inc. (Media, Pennsylvania), Kolcraft 
Enterprises, Inc. (Chicago, Illinois), Leggett & Platt, Incorporated 
(Carthage, Missouri), the International Brotherhood of Teamsters 
(Washington, DC), and United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO (Washington, DC).
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on March 4, 
2021, and a public version will be issued thereafter, pursuant to Sec.  
207.22 of the Commission's rules.
    Hearing.-- The Commission will hold a hearing in connection with 
the final phase of these investigations beginning at 9:30 a.m. on 
Thursday, March 18, 2021. Information about the place and form of the 
hearing, including about how to participate in and/or view the hearing, 
will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before Friday, March 12, 2021. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on Tuesday, March 16, 2021. Oral testimony and written materials 
to be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is March 11, 2021. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is March 
25,

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2021. In addition, any person who has not entered an appearance as a 
party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations, including 
statements of support or opposition to the petition, on or before March 
25, 2021. On April 14, 2021, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before April 16, 2021, but such final comments must not contain new 
factual information and must otherwise comply with Sec.  207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec.  201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of Sec. Sec.  
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
Handbook on Filing Procedures, available on the Commission's website at 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.
    Issued: November 20, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-26164 Filed 11-25-20; 8:45 am]
BILLING CODE 7020-02-P