[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