[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42429-42432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10565]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-845]


Mattresses From Italy: Final Affirmative Determination of Sales 
at Less Than Fair Value and Final Affirmative Determination of Critical 
Circumstances

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
mattresses from Italy are being, or are likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation (POI) is July 01, 2022, through June 30, 2023.

DATES: Applicable May 15, 2024.

FOR FURTHER INFORMATION CONTACT: Adam Simons or Caroline Carroll, AD/
CVD Operations, Office IX, Enforcement and Compliance, International 
Trade Administration, U.S. Department of

[[Page 42430]]

Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-6172 or (202) 482-4948, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
mattresses from Italy and we invited interested parties to comment.\1\
---------------------------------------------------------------------------

    \1\ See Mattresses from Italy: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 89 FR 15143 
(March 1, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Mattresses from Italy,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation are mattresses from 
Italy. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from parties. Commerce issued a Preliminary Scope Decision 
Memorandum to address these comments and set aside a period of time for 
parties to address scope issues in scope-specific case and rebuttal 
briefs.\3\ We received comments from the interested parties on the 
Preliminary Scope Decision Memorandum, which we address in the Final 
Scope Decision Memorandum.\4\ We made changes to the scope of the 
investigation from the scope published in the Preliminary 
Determination, as noted in Appendix I.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Mattresses from Bosnia and Herzegovina, 
Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, 
Philippines, Poland, Slovenia, Spain, and Taiwan: Preliminary Scope 
Decision Memorandum,'' dated February 23, 2024.
    \4\ See Memorandum, ``Mattresses from Bosnia and Herzegovina, 
Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, 
Philippines, Poland, Slovenia, Spain, and Taiwan: Final Scope 
Decision Memorandum,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

Final Affirmative Determination of Critical Circumstances

    We continue to find that critical circumstances exist with respect 
to imports of mattresses from Italy for the mandatory respondents, 
Alessanderx S.p.A (Alessanderx), Gruppo Buoninfante Industriale S.r.L. 
(Buoninfante), Silver Prince S.r.L. (Silver Prince), and all other 
producers and exporters of subject merchandise, pursuant to section 
735(a)(3) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.206.\5\
---------------------------------------------------------------------------

    \5\ See Preliminary Determination PDM at 19-22.
---------------------------------------------------------------------------

Use of Adverse Facts Available (AFA)

    As discussed in the Issues and Decision Memorandum, we continue to 
assign to the mandatory respondents in this investigation, Alessanderx, 
Buoninfante, and Silver Prince, estimated weighted-average dumping 
margins on the basis of AFA, pursuant to sections 776(a) and (b) of 
Act.\6\
---------------------------------------------------------------------------

    \6\ Id., 89 FR at 15144.
---------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In the Preliminary Determination, we assigned a dumping margin of 
257.06 percent as the all-others rate based on the only calculated rate 
in the petition, pursuant to section 735(c)(5)(B) of the Act.\7\ We 
received no comments on our Preliminary Determination regarding this 
issue; thus, we continue to assign a dumping margin of 257.06 percent 
as the all-others rate for this final determination.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period, July 1, 2022, through June 30, 
2023:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Alessanderx SpA.............................................    * 257.06
Gruppo Buoninfante Industriale S.P.A........................    * 257.06
Silver Prince S.R.L.........................................    * 257.06
All Others..................................................      257.06
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with a final determination of 
review within five days of any public announcement or, if there is no 
public announcement, within five days of the date of publication of the 
notice of final determination in the Federal Register, in accordance 
with 19 CFR 351.224(b). However, because we have made no changes from 
the Preliminary Determination, there are no new calculations to 
disclose.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(4) of the Act, because Commerce 
continues to find that critical circumstances exist for Alessanderx, 
Buoninfante, Silver Prince, and all other producers and/or exporters, 
we will instruct U.S. Customs and Border Protection (CBP) to continue 
to suspend liquidation of all entries of subject merchandise, as 
described in Appendix I to this notice, which were entered, or 
withdrawn from warehouse for consumption on or after December 2, 2023, 
which is 90 days before the publication of the Preliminary 
Determination in the Federal Register, at the cash deposit rate 
indicated above.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin or the estimated all 
others rate as follows: (1) the cash deposit rate for the respondents 
listed above will be equal to the company-specific estimated weighted-
average dumping margin

[[Page 42431]]

determined in this final determination; (2) if the exporter is not a 
respondent identified above but the producer is, then the cash deposit 
rate will be equal to the company-specific estimated weighted-average 
dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of mattresses from Italy no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated, and all cash 
deposits posted will be refunded and suspension of liquidation will be 
lifted. If the ITC determines that such injury does exist, Commerce 
will issue an antidumping duty order directing CBP to assess, upon 
further instruction by Commerce, antidumping duties on all imports of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

Notification of Interested Parties

    This final determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 
351.210(c).

    Dated: May 8, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

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 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.
    Also excluded from the scope are the following hospital and 
patient care setting surfaces. Products that fall within the below 
categories and meet all the exclusion factors in the respective 
category qualify for such exclusion, regardless of whether they may 
be referenced as a mattress.
    Air Surfaces with all of the following characteristics: with the 
foot end comprised of either die-cut construction foam or air 
bladders to allow extension and retraction of

[[Page 42432]]

the surface; enclosed in a fluid-resistant polyurethane-coated 
ticking with a zipper; with welded seams on the ticking, which are 
two or more layers of coated material thermally fused together with 
a permanent bond; with the core including air bladders, with or 
without foam inside; with a unique device identifier label for 
medical devices issued by an FDA-accredited agency and listed in the 
FDA-administered Global Unique Device Identification Database.
    Stretcher Surfaces with all of the following characteristics: 
with a nominal thickness of 5 inches or less; with the foam core 
width tapered at one end; enclosed in a fluid-resistant 
polyurethane-coated ticking with a zipper; with welded seams on the 
ticking, which are two or more layers of coated material thermally 
fused together with a permanent bond; with the exterior of the 
ticking containing a welded flap to cover the ticking zipper; with 
loop velcro attached to the ticking to allow for the stretcher 
surface to be firmly affixed to the stretcher; with a unique device 
identifier label for medical devices issued by an FDA-accredited 
agency and listed in the FDA-administered Global Unique Device 
Identification Database.
    Birthing Bed Surfaces with all of the following characteristics: 
with a nominal thickness of 5 inches or less; with a foam core in 
two pieces that have either a V-shaped cutout or U-Shaped cutout; 
enclosed in a fluid-resistant polyurethane-coated ticking with a 
zipper; with welded seams on the ticking, which are two or more 
layers of coated material thermally fused together with a permanent 
bond; with attachment fasteners extending from the bottom of the 
surface comprised of snaps or plastic hook(s); with a unique device 
identifier label for medical devices issued by an FDA-accredited 
agency and listed in the FDA-administered Global Unique Device 
Identification Database.
    Foam Surfaces with all the following characteristics: with a 
nominal thickness of 6.5 inches or less; with a foam core that has 
articulation lines cut into the foam and/or die-cut construction in 
a portion of the foam to allow movement of the surface; enclosed in 
a fluid-resistant polyurethane-coated ticking with a zipper; with 
the ticking made of material meeting ASTM F1671B-07 requirements for 
porosity and ISO 10993 requirements for biocompatibility; with 
welded seams on the ticking, which are two or more layers of coated 
material thermally fused together with a permanent bond; with 
brackets or attachment knobs embedded in the surface core to allow 
the surface to be firmly affixed to the hospital bed frame; with a 
unique device identifier label for medical devices issued by an FDA-
accredited agency and listed in the FDA-administered Global Unique 
Device Identification Database, where the label includes the 
manufacturer's name and address as well as the product's name, date 
of manufacture, serial number, and Global Trade Identification 
Number (GTIN).
    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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to Buoninfante
IV. Recommendation

[FR Doc. 2024-10565 Filed 5-14-24; 8:45 am]
BILLING CODE 3510-DS-P