[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 16026-16027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04774]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-693 and 731-TA-1629-1640 (Final)]


Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India, 
Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, 
and Taiwan; 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-693 and 731-TA-1629-1640 (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, provided for in 
subheadings 9404.21.00, 9404.29.10, and 9404.29.90 of the Harmonized 
Tariff Schedule of the United States, from Bosnia and Herzegovina, 
Bulgaria, Burma, India, Italy, Kosovo, Mexico, Philippines, Poland, 
Slovenia, Spain, and Taiwan preliminarily determined by the Department 
of Commerce (``Commerce'') to be sold at less than fair value and 
imports of mattresses from Indonesia for which Commerce has 
preliminarily determined that countervailable subsidies are not being 
provided by the Government of Indonesia to producers and exporters of 
mattresses from Indonesia.

DATES: March 1, 2024.

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:
    The products covered by these investigations 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 also may 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.\1\
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    \1\ For a complete definition of mattresses, including 
exclusions and tariff treatment, see 89 FR 57-59, January 2, 2024, 
and 89 FR 15121-15124, 15126-15134, 15136-15157, 15161-15164, March 
1, 2024.
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    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 a negative 
preliminary determination by Commerce regarding whether 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 Indonesia of mattresses, and affirmative 
preliminary determinations by Commerce that such products imported from 
Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, 
Philippines, Poland, Slovenia, Spain, and Taiwan 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 July 28, 2023, on behalf of Brooklyn Bedding LLC, 
Phoenix, Arizona; Carpenter Company, Richmond, Virginia; Corsicana 
Mattress Company, Dallas, Texas; Future Foam, Inc., Council Bluffs, 
Iowa; FXI, Inc., Radnor, Pennsylvania; Kolcraft Enterprises, Inc., 
Chicago, Illinois; Leggett & Platt, Incorporated, Carthage, Missouri; 
Serta Simmons Bedding, Inc., Doraville, Georgia; Southerland Inc., 
Antioch, Tennessee; Tempur Sealy International, Inc., Lexington, 
Kentucky; the International Brotherhood of Teamsters, Washington, DC; 
and the 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).
    Although Commerce has preliminarily determined that countervailable 
subsidies are not being provided by the Government of Indonesia to 
producers and exporters of mattresses from Indonesia, for purposes of 
efficiency the Commission hereby waives rule 207.21(b) \2\ so that the 
final phase of the investigation may proceed concurrently in the event 
that Commerce makes a final affirmative countervailing duty 
determination with respect to such imports.
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    \2\ Sec.  207.21(b) of the Commission's rules provides that, 
where Commerce has issued a negative preliminary determination, the 
Commission will publish a Final Phase Notice of Scheduling upon 
receipt of an affirmative final determination from Commerce.
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    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.

[[Page 16027]]

    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 by 5:15 
p.m. on April 26, 2024, 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 May 9, 
2024. Requests to appear at the hearing should be filed in writing with 
the Secretary to the Commission by 5:15 p.m. on May 3, 2024. Any 
requests to appear as a witness via videoconference must be included 
with your request to appear. Requests to appear via videoconference 
must include a statement explaining why the witness cannot appear in 
person; the Chairman, or other person designated to conduct the 
investigations, may in their discretion for good cause shown, grant 
such a request. Requests to appear as remote witness due to illness or 
a positive COVID-19 test result may be submitted by 3 p.m. the business 
day prior to the hearing. Further information about participation in 
the hearing will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
    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, if deemed necessary, to be held at 9:30 a.m. on May 7, 
2024. Parties shall file and serve written testimony and presentation 
slides in connection with their presentation at the hearing by no later 
than 4:00 p.m. on May 8, 2024. 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 5:15 p.m. on May 3, 2024. Parties shall also 
file written testimony in connection with their presentation at the 
hearing, 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 5:15 p.m. on May 16, 2024. 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 petitions, by 5:15 p.m. on May 16, 2024. On June 
4, 2024, 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 by 5:15 p.m. on June 6, 2024, 
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: March 1, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04774 Filed 3-5-24; 8:45 am]
BILLING CODE 7020-02-P