[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22382-22383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06794]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-919]


Mattresses From India: Amended Preliminary Determination of Less-
Than-Fair-Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is amending its 
preliminary affirmative determination in the less-than-fair-value 
(LTFV) investigation of mattresses from India to correct for 
significant ministerial errors. The period of investigation (POI) is 
July 1, 2022, through June 30, 2023.

DATES: Applicable April 1, 2024.

FOR FURTHER INFORMATION CONTACT: Paul Senoyuit, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6106.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
mattresses from India.\1\ On March 4, 2024, mandatory respondent 
Varahamurti Flexirub Industries Private Limited (VFI) and the 
petitioners \2\ timely alleged that Commerce made significant 
ministerial errors in calculating VFI's estimated weighted-average 
dumping margin.\3\
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    \1\ See Mattresses from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 89 FR 
15140 (March 1, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ The petitioners are Brooklyn Bedding LLC, Carpenter Company, 
Corsicana Mattress Company, Future Foam, Inc., FXI, Inc., Kolcraft 
Enterprises Inc., Leggett & Platt, Incorporated; Serta Simmons 
Bedding, LLC, Southerland Inc.; Tempur Sealy International, Inc., 
the International Brotherhood of Teamsters, and United Steel, Paper 
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, AFL-CIO (collectively, the 
petitioners).
    \3\ See VFI's Letter, ``VFI Ministerial Error Comments for the 
Preliminary Determination,'' dated March 4, 2024; see also 
Petitioners' Letter, ``Mattress Petitioners' Ministerial Error 
Comments,'' dated March 4, 2024.
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Scope of the Investigation

    The products covered by this investigation are mattresses from 
India. For a complete description of the scope of this investigation, 
see the appendix.

Legal Framework

    A ministerial error is defined as including ``errors 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 {Commerce{time}  considers 
ministerial.'' \4\ A ministerial error is considered to be 
``significant'' if its correction, either singly or in combination with 
other errors, would result in: (1) a change of at least five absolute 
percentage points in, but not less than 25 percent of, the weighted-
average dumping margin calculated in the preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero (or 
de minimis) and a weighted-average dumping margin of greater than de 
minimis or vice versa.\5\ Pursuant to 19 CFR 351.224(e), Commerce 
``will analyze any comments received and, if appropriate, correct any 
significant ministerial error by amending the preliminary 
determination.''
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    \4\ See section 735(e) of the Tariff Act of 1930, as amended 
(the Act); see also 19 CFR 351.224(f).
    \5\ See 19 CFR 351.224(g).
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Analysis of Significant Ministerial Errors

    In the Preliminary Determination, Commerce made significant 
ministerial errors within the meaning of section 735(e) of the Act, and 
19 CFR 351.224(f) and (g)(1) in calculating the estimated weighted-
average dumping margin for VFI. Accordingly, pursuant to 19 CFR 
351.224(e), Commerce is amending its Preliminary Determination to 
correct for these significant ministerial errors by revising the rates 
for VFI (i.e., 14.05 percent) and the All-Other companies.\6\ For a 
detailed discussion of the alleged ministerial errors, as well as 
Commerce's analysis, see the Ministerial Error Memorandum.\7\
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    \6\ See Preliminary Determination, 89 FR at 15141 (``the rate 
calculated for VFI is also assigned as the rate for all other 
producers and exporters'').
    \7\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Mattresses from India: Allegation of Ministerial Errors in the 
Preliminary Determination,'' dated concurrently with this notice.
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Amended Preliminary Determination

    As a result of correcting these significant ministerial errors, 
Commerce determines the following weighted-average dumping margins 
exist: \8\
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    \8\ Commerce preliminarily determined that Varahamurti Flexirub 
Industries Private Limited, Amore International, Durfi Retail 
Private Limited and Springfit Marketing INC are a single entity. We 
also preliminarily determined that International Comfort 
Technologies Limited and Sheela Foam are a single entity. See 
Preliminary Decision Memorandum.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
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International Comfort Technologies Private Limited......         * 42.76
Raj Mahal Fabrics.......................................         * 42.76
Varahamurti Flexirub Industries Private Limited.........           14.05
All Others..............................................           14.05
------------------------------------------------------------------------
* Adverse facts available.

Disclosure

    We intend to disclose the calculations performed for this amended 
preliminary determination to parties within five days after public 
announcement of the amended preliminary determination in accordance 
with 19 CFR 351.224(b).

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination, in accordance with section 733(d) of the 
Act. Because the amended rates for VFI and all others result in 
decreased cash deposits, they will be effective retroactively to March 
1, 2024, the date of publication of the Preliminary Determination. We 
will also instruct U.S. Customs and Border Protection (CBP) to issue 
instructions for requesting a refund of the difference between the 
amount of cash deposits paid as a result of the application of the 
preliminary determination rates and the amount due as a result of the 
amended preliminary determination rates.

U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
U.S. International Trade Commission of our amended preliminary 
determination.

Notification to Interested Parties

    This amended preliminary determination is issued and published 
pursuant to sections 733(d) and 777(i) of the Act, and 19 CFR 
351.224(e).

    Dated: March 25, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The products covered by this investigation 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

[[Page 22383]]

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.
    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 or how they are described 
(e.g., frameless futon mattress and tri-fold mattress).
    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 
convertible from seating to sleeping, regardless of filler material 
or components, where such 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 the People's Republic of China, 
South Africa, and the Socialist Republic of Vietnam. See Uncovered 
Innerspring Units from the People's Republic of China, South Africa, 
and Socialist Republic of Vietnam: Continuation of Antidumping Duty 
Orders, 84 FR 55285 (October 16, 2019).
    Also excluded from the scope of this investigation are bassinet 
pads with a nominal length of less than 39 inches, a nominal width 
of 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 Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.21.0095, 
9404.29.1005, 9404.29.1013, 9404.29.1095, 9404.29.9085, 
9404.29.9087, and 9404.29.9095. Products subject to this 
investigation may also enter under HTSUS subheadings: 9401.41.0000, 
9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the merchandise subject to this investigation is 
dispositive.

[FR Doc. 2024-06794 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P