[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26460-26463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10238]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-001, A-560-836, A-557-818, A-801-002, A-549-841, A-489-841, A-
552-827]
Mattresses From Cambodia, Indonesia, Malaysia, Serbia, Thailand,
the Republic of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Determination for Cambodia
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the final affirmative determinations by the
Department of Commerce (Commerce) and the International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on
mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the
Republic of Turkey (Turkey), and the Socialist Republic of Vietnam
(Vietnam). In addition, Commerce is amending its final affirmative
determination on mattresses from Cambodia.
DATES: Applicable May 14, 2021.
FOR FURTHER INFORMATION CONTACT: Preston Cox at (202) 482-5041
(Cambodia); Janae Martin at (202) 482-0239 (Indonesia); Dennis McClure
at (202) 482-5973 (Malaysia); Joshua DeMoss (202) 482-3362 (Serbia);
Paola Aleman Ordaz at (202) 482-4031 (Thailand); Jacob Keller at (202)
482-4849 or Theodore Pearson at (202) 482-2631 (Turkey); and Dakota
Potts at (202) 482-0223 (Vietnam), AD/CVD
[[Page 26461]]
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 771(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), Commerce
published its affirmative final determinations in the less-than-fair-
value investigations of mattresses from Cambodia, Indonesia, Malaysia,
Serbia, Thailand, Turkey, and Vietnam on March 25, 2021.\1\ On May 10,
2021, the ITC notified Commerce of its final affirmative determinations
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 the less-
than-fair-value imports of mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and Vietnam.\2\
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\1\ See Mattresses from Cambodia: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 86 FR 15894 (March 25,
2021) (Cambodia Final Determination); Mattresses from Indonesia:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 15899 (March 25, 2021); Mattresses from Malaysia: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
15901 (March 25, 2021); Mattresses from Serbia: Final Affirmative
Determination of Sales at Less Than Fair Value, and Final Negative
Finding of Critical Circumstances, 86 FR 15892 (March 25, 2021);
Mattresses from Thailand: Final Affirmative Determination of Sales
at Less Than Fair Value, 86 FR 15928 (March 25, 2021); Mattresses
from the Republic of Turkey: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Negative Determination of
Critical Circumstances, 86 FR 15917 (March 25, 2021); and Mattresses
from the Socialist Republic of Vietnam; Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 15889 (March
25, 2021).
\2\ See ITC Letter, dated May 10, 2021 (ITC Letter).
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Scope of the Orders
The merchandise covered by these orders are mattresses from
Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam.
For a complete description of the scope of the orders, see the Appendix
to this notice.
Amendment to Final Determination; Mattresses From Cambodia
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\3\
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\3\ See section 735(e) of the Act and 19 CFR 351.224(f).
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Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the Cambodia Final Determination to reflect
the correction of two ministerial errors in the final estimated
weighted-average dumping margin calculated for the collapsed entity,
Best Mattresses International Company Limited (Best Mattresses)/Rose
Lion Furniture International Company Limited (Rose Lion). In addition,
because Best Mattresses/Rose Lion's estimated weighted-average dumping
margin is the basis for the estimated weighted-average dumping margin
for all other Cambodian producers and exporters of subject merchandise,
we also are revising the all-others rate in the Cambodia Final
Determination.\4\ The amended estimated weighted-average dumping
margins are listed in the ``Estimated Weighted-Average Dumping
Margins'' section below.
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\4\ See Memorandum, ``Antidumping Duty Investigation of
Mattresses from Cambodia: Allegations of Ministerial Errors in Final
Determination,'' dated April 19, 2021 (Ministerial Error
Memorandum).
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Antidumping Duty Orders
On May 10, 2021, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final
determinations that an industry in the United States is materially
injured by reason of imports of mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and Vietnam.\5\ Therefore, in
accordance with sections 735(c)(2) and 736 of the Act, we are issuing
these antidumping duty orders. Because the ITC determined that imports
of mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand,
Turkey, and Vietnam are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Turkey, and Vietnam, entered or withdrawn
from warehouse for consumption, are subject to the assessment of
antidumping duties.
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\5\ See ITC Letter.
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As a result of the ITC's final affirmative determinations, 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 merchandise, for all relevant entries of mattresses from
Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam.
Antidumping duties will be assessed on unliquidated entries of
mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand,
Turkey, and Vietnam entered, or withdrawn from warehouse, for
consumption on or after November 3, 2020, the date of publication of
the Preliminary Determinations,\6\ but will not include entries
occurring after the expiration of the provisional measures period and
before the publication in the Federal Register of the ITC's injury
determination, as further described below.
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\6\ See Mattresses from Cambodia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures, 85 FR 69594
(November 3, 2020); Mattresses from Indonesia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 69597 (November 3, 2020); Mattresses from Malaysia:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 85 FR 69574 (November 3, 2020); Mattresses
from Serbia: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Preliminary Negative Determination of Critical
Circumstances, Postponement of Final Determination, and Extension of
Provisional Measures, 85 FR 69589 (November 3, 2020); Mattresses
from Thailand: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures, 85 FR 69568 (November 3, 2020);
Mattresses from the Republic of Turkey: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures, 85 FR 69571
(November 3, 2020); and Mattresses from the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 85 FR 69591 (November 3, 2020).
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Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of subject merchandise
(i.e., mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand,
Turkey, and Vietnam), effective the date of publication of the ITC
final determination in the Federal Register, and to assess, upon
further instruction by Commerce pursuant to section 736(a)(1) of the
Act, antidumping duties for each entry of the subject merchandise equal
to the amount by which normal value of the merchandise exceeds the
export price or constructed export price of the merchandise. We intend
to instruct CBP to require, at the same time as importers would
normally deposit estimated import duties on this merchandise, cash
deposits for each entry of subject merchandise equal to the rates noted
below. These instructions suspending
[[Page 26462]]
liquidation will remain in effect until further notice. The all-others
rates listed below apply to all other producers or exporters not
specifically listed. The Vietnam-wide entity rate listed below applies
to all exporters not specifically listed.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each antidumping
duty order are as follows:
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\7\ See Ministerial Error Memorandum.
\8\ Id.
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Estimated weighted-
Exporter/producer average dumping
margin (percent)
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Cambodia
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Best Mattresses International Company Limited/Rose \7\ 52.41
Lion Furniture International Company Limited.......
All Others.......................................... \8\ 52.41
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Indonesia
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PT Zinus Global Indonesia........................... 2.22
All Others.......................................... 2.22
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Malaysia
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Delandis Furniture (M) Sdn Bhd...................... 42.92
Far East Foam Industries Sdn Bhd.................... 42.92
Vision Foam Ind. Sdn Bhd............................ 42.92
All Others.......................................... 42.92
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Serbia
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Healthcare Europe DOO Ruma.......................... 112.11
All Others.......................................... 112.11
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Thailand
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Nisco (Thailand) Co., Ltd........................... 763.28
Saffron Living Co., Ltd............................. 37.48
All Others.......................................... 37.48
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Turkey
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BRN Yatak Baza Ev Tekstili Insaat Sanayi Ticaret A.S 20.03
All Others.......................................... 20.03
Vietnam
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Producer Exporter
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Cong Ty Tnhn Nem Thien Kim Dockter China 144.92
(a.k.a. Better Z's, Ltd.). Limited.
Hava's Co., Ltd................. Hava's Co., Ltd... 144.92
Cong Ty Tnhn Nem Thien Kim Healthcare Sleep 144.92
(a.k.a. Better Z's, Ltd.). Products Limited.
Gesin Vietnam Co., Ltd.......... Hong Kong Gesin 144.92
Technology
Limited.
Sinomax (Vietnam) Household Sinomax 144.92
Products Limited. International
Trading Limited.
Sinomax (Vietnam) Household Sinomax Macao 144.92
Products Limited. Commercial
Offshore Limited.
Super Foam Vietnam Ltd.......... Super Foam Vietnam 144.92
Ltd.
Taimei Company Limited (a.k.a. Taimei Company 144.92
Taimei Co., Ltd). Limited (a.k.a.
Taimei Co., Ltd).
Tong Li Vietnam Industrial Co., Tong Li Vietnam 144.92
LTD. Industrial Co.,
LTD.
Vietnam Glory Home Furnishings Vietnam Glory Home 668.38
Co., Ltd./Glory (Viet Nam) Furnishings Co.,
Industry Co., Ltd. Ltd./Glory (Viet
Nam) Industry
Co., Ltd.
Wanek Furniture Co., Ltd./ Wanek Furniture 144.92
Millennium Furniture Co., Ltd./ Co., Ltd./
Comfort Bedding Company Limited. Millennium
Furniture Co.,
Ltd./Comfort
Bedding Company
Limited.
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Vietnam-Wide Entity................................. 668.38
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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 six months. Commerce published its affirmative
Preliminary Determinations on November 3, 2020. Therefore, the six-
month period beginning on the date of publication of the Preliminary
Determinations ended on May 1, 2021. Pursuant to section 737(b) of the
Act, the collection of cash deposits at the rates listed above will
begin on the date of publication of the ITC's final injury
determination in the Federal Register.
Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand,
[[Page 26463]]
Turkey, and Vietnam entered, or withdrawn from warehouse, for
consumption after May 1, 2021, 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 determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register.
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand,
Turkey, and Vietnam pursuant to section 736(a) of the Act. Interested
parties can find a list of antidumping duty orders currently in effect
at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section and 736(a) of
the Act and 19 CFR 351.211(b).
Dated: May 10, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The products covered by these orders 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 these orders 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 these orders 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 these orders 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
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 these orders 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); Antidumping Duty Order:
Uncovered Innerspring Units from the Socialist Republic of Vietnam,
73 FR 75391 (December 11, 2008).
Also excluded from the scope of these orders 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 these orders 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 these orders are currently properly
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 these orders 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 these orders is dispositive.
[FR Doc. 2021-10238 Filed 5-13-21; 8:45 am]
BILLING CODE 3510-DS-P