[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.

------------------------------------------------------------------------
                                                      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
------------------------------------------------------------------------
BRN Yatak Baza Ev Tekstili Insaat Sanayi Ticaret A.S               20.03
All Others..........................................               20.03
                                 Vietnam
------------------------------------------------------------------------


 
            Producer                   Exporter
------------------------------------------------------------------------
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.
-----------------------------------------------------
Vietnam-Wide Entity.................................              668.38
------------------------------------------------------------------------

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