15892 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices

, day- mattresses, roll-away bed 9404.29.1095, 9404.29.9095, 9401.40.0000, Office VI, Enforcement and Compliance, mattresses, high risers, trundle bed and 9401.90.5081. Although the HTSUS International Trade Administration, mattresses, crib mattresses), or as part of a set subheadings are provided for convenience U.S. Department of Commerce, 1401 in combination with a ‘‘ foundation.’’ and customs purposes, the written Constitution Avenue NW, Washington, ‘‘Mattress foundations’’ are any base or description of the merchandise subject to this support for a mattress. Mattress foundations investigation is dispositive. DC 20230; telephone: (202) 482–3362, are commonly referred to as ‘‘foundations,’’ respectively. Appendix II ‘‘boxsprings,’’ ‘‘platforms,’’ and/or ‘‘bases.’’ SUPPLEMENTARY INFORMATION: Bases can be static, foldable, or adjustable. List of Topics Discussed in the Issues and Only the mattress is covered by the scope if Decision Memorandum Background imported as part of furniture, with furniture I. Summary On November 3, 2020, Commerce mechanisms, or as part of a set in II. Background published the Preliminary combination with a mattress foundation. III. Period of Investigation Excluded from the scope of this Determination of sales at LTFV of IV. Use of Adverse Facts Available investigation are ‘‘’’ mattresses. A mattresses from Serbia, in which we V. Changes Since the Preliminary ‘‘futon’’ is a bi-fold frame made of wood, also postponed the final determination Determination to March 18, 2021.1 We invited metal, or plastic material, or any combination VI. Discussion of the Issues thereof, that functions as both seating Comment 1: Whether to Continue to Apply interested parties to comment on the furniture (such as a , love seat, or sofa) Total AFA to Vietnam Glory Preliminary Determination. The and a bed. A ‘‘futon mattress’’ is a tufted Comment 2: Whether to Continue to Use mandatory respondent in this mattress, where the top covering is secured Emirates Sleep Financial Statements to investigation is Healthcare Europe DOO to the bottom with thread that goes Calculate Surrogate Financial Ratios Ruma (Healthcare). For a complete completely through the mattress from the top Comment 3: Whether to Continue to Use description of the events that followed through to the bottom, and it does not Indian Harmonized Tariff Schedule contain innersprings or foam. A futon the Preliminary Determination, see the (HTS) Code 9404.20.90 to Value Issues and Decision Memorandum.2 The mattress is both the bed and seating surface Innerspring Units for the futon. Comment 4: Whether to Base Prices for Issues and Decision Memorandum is a Also excluded from the scope are airbeds Sleeper Sofa Mattresses on Market public document and is on file (including inflatable mattresses) and Values electronically via Enforcement and , which consist of air- or liquid- Comment 5: Surrogate Value (SV) Compliance’s Antidumping and filled bladders as the core or main support Classification of Certain Ashley Group Countervailing Duty Centralized system of the mattress. Inputs Electronic Service System (ACCESS). Also excluded is certain multifunctional Comment 6: SAS Programming Errors for ACCESS is available to registered users furniture that is convertible from seating to U.S. Sales Expenses Related to Sleeper at https://access.trade.gov. In addition, a sleeping, regardless of filler material or Sofa Mattresses components, where that filler material or Comment 7: SAS Programming Errors for complete version of the Issues and components are upholstered, integrated into Ocean Freight, Marine Insurance, Decision Memorandum can be accessed the design and construction of, and Brokerage and Handling, and Packing directly at http://enforcement.trade.gov/ inseparable from, the furniture framing, and Glue frn/. the outermost layer of the multifunctional Comment 8: Whether Commerce Should furniture converts into the sleeping surface. Include Ashley Furniture Industries Scope of the Investigation Such furniture may, and without limitation, (AFI) and Ashley Furniture Trading The products covered by this be commonly referred to as ‘‘convertible Company (AFTC) in Ashley Group’s investigation are mattresses from sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’ Combination Cash Deposit Rate Indonesia. For a complete description of ‘‘,’’ ‘‘ottoman sleepers’’ or a like VII. Recommendation the scope of this investigation, see the description. [FR Doc. 2021–06194 Filed 3–24–21; 8:45 am] ‘‘Scope of the Investigation’’ in Also excluded from the scope of this BILLING CODE 3510–DS–P investigation are any products covered by the Appendix I. existing antidumping duty orders on Scope Comments uncovered innerspring units from China or DEPARTMENT OF COMMERCE Vietnam. See Uncovered Innerspring Units In Commerce’s Preliminary Scope Decision Memorandum, we set aside a from the People’s Republic of China: Notice International Trade Administration of Antidumping Duty Order, 74 FR 7661 period of time for parties to raise issues (February 19, 2009); Antidumping Duty [A–801–002] regarding product coverage (i.e., scope) Order: Uncovered Innerspring Units from the in scope case briefs or other written Socialist Republic of Vietnam, 73 FR 75391 Mattresses From Serbia: Final comments on scope issues.3 Certain (December 11, 2008). Affirmative Determination of Sales at Also excluded from the scope of this Less Than Fair Value, and Final 1 See Mattresses from Serbia: Preliminary investigation are pads with a Negative Finding of Critical Affirmative Determination of Sales at Less Than nominal length of less than 39 inches, a Fair Value, Preliminary Negative Determination of nominal width less than 25 inches, and a Circumstances Critical Circumstances, Postponement of Final Determination, and Extension of Provisional nominal depth of less than 2 inches. AGENCY: Enforcement and Compliance, Additionally, also excluded from the scope Measures, 85 FR 69589 (November 3, 2020) International Trade Administration, (Preliminary Determination), and accompanying of this investigation are ‘‘mattress toppers.’’ Department of Commerce. Preliminary Decision Memorandum (PDM). A ‘‘mattress topper’’ is a removable 2 SUMMARY: The Department of Commerce See Memorandum, ‘‘Issues and Decision accessory that supplements a mattress by Memorandum for the Final Affirmative providing an additional layer that is placed (Commerce) determines that imports of Determination in the Less-Than-Fair-Value on top of a mattress. Excluded mattress mattresses from Serbia are being, or are Investigation of Mattresses from Serbia,’’ dated toppers have a height of four inches or less. likely to be, sold in the United States at concurrently with, and hereby adopted by, this The products subject to this investigation less than fair value (LTFV) during the notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Mattresses from Cambodia, are currently properly classifiable under period of investigation January 1, 2019, HTSUS subheadings: 9404.21.0010, Indonesia, Malaysia, Serbia, Thailand, the Republic through December 31, 2019. of Turkey, the Socialist Republic of Vietnam, and 9404.21.0013, 9404.29.1005, 9404.29.1013, DATES: Applicable March 25, 2021. the People’s Republic of China: Scope Comments 9404.29.9085, and 9404.29.9087. Products Decision Memorandum for the Preliminary subject to this investigation may also enter FOR FURTHER INFORMATION CONTACT: Determination,’’ dated October 27, 2020 under HTSUS subheadings: 9404.21.0095, Joshua DeMoss, AD/CVD Operations, (Preliminary Scope Decision Memorandum).

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interested parties commented on the from Healthcare and that critical Continuation of Suspension of scope of the investigation as it appeared circumstances did not exist with respect Liquidation in the Preliminary Scope Decision to all other exporters or producers not In accordance with section 7 Memorandum, unchanged from the individually examined. We have not 735(c)(1)(B) of the Act, we will direct 4 Initiation Notice. For a summary of the modified our critical circumstances U.S. Customs and Border Protection product coverage comments and finding for Healthcare for the final (CBP) to continue to suspend rebuttal responses submitted to the determination. Thus, pursuant to liquidation of all entries of mattresses record for this final determination, and section 735(a)(3) of the Act, we find that from Serbia, as described in Appendix accompanying discussion and analysis critical circumstances do not exist with I of this notice, which were entered, or of all comments timely received, see the respect to imports of mattresses from withdrawn from warehouse, for 5 Final Scope Memorandum. In the Final Serbia. For a full description of the consumption on or after November 3, Scope Memorandum, Commerce methodology and results of Commerce’s 2020, the date of publication of the determined that it is not modifying the critical circumstances analysis, see the affirmative Preliminary Determination scope language as it appeared in the Issues and Decision Memorandum. in the Federal Register. Initiation Notice. See the scope in Pursuant to section 735(c)(1)(B)(ii) of All-Others Rate Appendix I to this notice. the Act and 19 CFR 351.210(d), Analysis of Comments Received Section 735(c)(5)(A) of the Act Commerce will instruct CBP to require a cash deposit equal to the estimated All issues raised in the case and provides that the estimated all-others weighted-average dumping margin or rebuttal briefs by parties in this rate shall be an amount equal to the the estimated all-others rate, as follows: investigation are discussed in the Issues weighted average of the estimated (1) The cash deposit rate for the and Decision Memorandum. A list of weighted-average dumping margins company listed above will be equal to topics included in the Issues and established for exporters and producers the company-specific estimated Decision Memorandum is included as individually investigated, excluding any weighted-average dumping margin Appendix II to this notice. zero or de minimis margins, and margins determined entirely under determined in this final determination; Verification section 776 of the Act. (2) if the exporter is not a respondent Commerce was unable to conduct on- identified above, but the producer is, Commerce calculated an individual then the cash deposit rate will be equal site verification of the information estimated weighted-average dumping relied upon in making its final to the company-specific estimated margin for Healthcare, the only weighted-average dumping margin determination in this investigation. individually examined exporter/ However, we took additional steps in established for that producer of the producer in this investigation. Because subject merchandise; and (3) the cash lieu of an on-site verification to verify the only individually calculated the information relied upon in making deposit rate for all other producers and dumping margin is not zero, de this final determination, in accordance exporters will be equal to the all-others minimis, or based entirely on facts with section 782(i) of the Tariff Act of estimated weighted-average dumping otherwise available, the estimated 1930, as amended (the Act).6 margin. These suspension of liquidation weighted-average dumping margin instructions will remain in effect until Changes Since the Preliminary calculated for Healthcare is the margin further notice. Determination assigned to all other producers and exporters, pursuant to section International Trade Commission Based on our analysis of the Notification comments received, we made certain 735(c)(5)(A) of the Act. In accordance with section 735(d) of changes to the margin calculations for Final Determination Healthcare. For a complete discussion of the Act, we will notify the International these changes, see the Issues and The final estimated weighted-average Trade Commission (ITC) of the final Decision Memorandum. We have also dumping margins are as follows: affirmative determinations of sales at revised the all-others rate. LTFV. Because Commerce’s final Estimated determination is affirmative, in Final Negative Determination of weighted- accordance with section 735(b)(2) of the Critical Circumstances Exporter/producer average Act, the ITC will make its final dumping determinations as to whether the Commerce preliminarily determined margin that critical circumstances did not exist (percent) domestic industry in the United States with respect to imports of mattresses is materially injured, or threatened with Healthcare Europe DOO Ruma 112.11 material injury, by reason of imports, or 4 See Mattresses from Cambodia, Indonesia, All Others ...... 112.11 sales (or the likelihood of sales) for Malaysia, Serbia, Thailand, the Republic of Turkey, importation of mattresses from Serbia and the Socialist Republic of Vietnam: Initiation of no later than 45 days after our final Less-Than-Fair-Value Investigations, 85 FR 23002 Disclosure (April 24, 2020) (Initiation Notice). determination. If the ITC determines 5 See Memorandum, ‘‘Mattresses from Cambodia, Commerce intends to disclose to that such injury does not exist, these Indonesia, Malaysia, Serbia, Thailand, the Republic interested parties the calculations proceedings will be terminated, and all of Turkey, the Socialist Republic of Vietnam, and performed for this final determination cash deposits will be refunded. If the the People’s Republic of China: Final Scope within five days of any public ITC determines that such injury does Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope announcement or, if there is no public exist, Commerce will issue antidumping Memorandum). announcement, within five days of the duty orders directing CBP to assess, 6 See Commerce’s Letter, Questionnaire In-Lieu- date of publication of this notice in upon further instruction by Commerce, of-Onsite-Verification, dated February 3, 2021; see accordance with 19 CFR 351.224(b). antidumping duties on all imports of the also Healthcare’s Letter, ‘‘Investigation of Mattresses from Serbia: Healthcare’s Response to subject merchandise entered, or the Department’s Questionnaire in Lieu of On-Site 7 See Preliminary Determination, 85 FR at 69589, withdrawn from warehouse, for Verification,’’ dated February 11, 2021. and accompanying PDM at 5–7. consumption on or after the effective

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date of the suspension of liquidation, as ‘‘Non-innerspring mattresses’’ are those A ‘‘mattress topper’’ is a removable bedding discussed above in the ‘‘Continuation of that do not contain any innerspring units. accessory that supplements a mattress by Suspension of Liquidation’’ section. They are generally produced from foams providing an additional layer that is placed (e.g., polyurethane, memory (viscoelastic), on top of a mattress. Excluded mattress Notification Regarding Administrative latex foam, gel- infused viscoelastic (gel toppers have a height of four inches or less. Protective Orders foam), thermobonded polyester, The products subject to this investigation polyethylene) or other resilient filling. are currently properly classifiable under This notice serves as a final reminder Mattresses covered by the scope of this HTSUS subheadings: 9404.21.0010, to parties subject to an administrative investigation may be imported 9404.21.0013, 9404.29.1005, 9404.29.1013, protective order (APO) of their independently, as part of furniture or 9404.29.9085, and 9404.29.9087. Products responsibility concerning the furniture mechanisms (e.g., convertible sofa subject to this investigation may also enter disposition of proprietary information bed mattresses, mattresses imported under HTSUS subheadings: 9404.21.0095, disclosed under APO in accordance with sofa bed mechanisms, corner group 9404.29.1095, 9404.29.9095, 9401.40.0000, with 19 CFR 351.305(a)(3). Timely mattresses, day-bed mattresses, roll-away bed and 9401.90.5081. Although the HTSUS mattresses, high risers, trundle bed subheadings are provided for convenience written notification of the return or mattresses, crib mattresses), or as part of a set destruction of APO materials, or and customs purposes, the written in combination with a ‘‘mattress foundation.’’ description of the merchandise subject to this conversion to judicial protective order, ‘‘Mattress foundations’’ are any base or investigation is dispositive. is hereby requested. Failure to comply support for a mattress. Mattress foundations with the regulations and the terms of an are commonly referred to as ‘‘foundations,’’ Appendix II APO is a sanctionable violation. ‘‘boxsprings,’’ ‘‘platforms,’’ and/or ‘‘bases.’’ Bases can be static, foldable, or adjustable. List of Topics Discussed in the Issues and Notification to Interested Parties Only the mattress is covered by the scope if Decision Memorandum imported as part of furniture, with furniture This determination is issued and I. Summary mechanisms, or as part of a set in II. Background published in accordance with sections combination with a mattress foundation. III. Period of Investigation 735(d) and 777(i)(1) of the Act and 19 Excluded from the scope of this IV. Final Negative Determination of Critical CFR 351.210(c). investigation are ‘‘futon’’ mattresses. A Circumstances Dated: March 18, 2021. ‘‘futon’’ is a bi-fold frame made of wood, V. Changes Since the Preliminary metal, or plastic material, or any combination Christian Marsh, Determination thereof, that functions as both seating VI. Discussion of the Issues Acting Assistant Secretary for Enforcement furniture (such as a couch, love seat, or sofa) Comment 1: Whether Commerce’s and Compliance. and a bed. A ‘‘futon mattress’’ is a tufted Application of the Major Input and mattress, where the top covering is secured Appendix I Transactions Disregarded Rule Is to the bottom with thread that goes Unreasonable and Flawed Scope of the Investigation completely through the mattress from the top Comment 2: Whether Commerce Should through to the bottom, and it does not Continue to Find Healthcare and The products covered by this investigation contain innersprings or foam. A futon are all types of youth and adult mattresses. EverRest are Affiliated mattress is both the bed and seating surface Comment 3: Whether Commerce The term ‘‘mattress’’ denotes an assembly of for the futon. materials that at a minimum includes a Appropriately Initiated an MNC Also excluded from the scope are airbeds Provision Inquiry ‘‘core,’’ which provides the main support (including inflatable mattresses) and system of the mattress, and may consist of Comment 4: Whether Commerce waterbeds, which consist of air- or liquid- Appropriately Denied Healthcare’s Level innersprings, foam, other resilient filling, or filled bladders as the core or main support a combination of these materials. Mattresses of Trade Adjustment system of the mattress. VII. Recommendation may also contain: (1) ‘‘upholstery,’’ the Also excluded is certain multifunctional material between the core and the top panel furniture that is convertible from seating to [FR Doc. 2021–06192 Filed 3–24–21; 8:45 am] of the ticking on a single-sided mattress; or sleeping, regardless of filler material or BILLING CODE 3510–DS–P between the core and the top and bottom components, where that filler material or panel of the ticking on a double-sided components are upholstered, integrated into mattress; and/or (2) ‘‘ticking,’’ the outermost the design and construction of, and DEPARTMENT OF COMMERCE layer of fabric or other material (e.g., vinyl) inseparable from, the furniture framing, and that encloses the core and any upholstery, the outermost layer of the multifunctional International Trade Administration also known as a cover. furniture converts into the sleeping surface. The scope of this investigation is restricted Such furniture may, and without limitation, [A–555–001] to only ‘‘adult mattresses’’ and ‘‘youth be commonly referred to as ‘‘convertible mattresses.’’ ‘‘Adult mattresses’’ are sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’ Mattresses From Cambodia: Final frequently described as ‘‘twin,’’ ‘‘extra-long ‘‘futons,’’ ‘‘ottoman sleepers’’ or a like Affirmative Determination of Sales at twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California description. Less Than Fair Value and Final king’’ mattresses. ‘‘Youth mattresses’’ are Also excluded from the scope of this Negative Determination of Critical typically described as ‘‘crib,’’ ‘‘toddler,’’ or investigation are any products covered by the Circumstances ‘‘youth’’ mattresses. All adult and youth existing antidumping duty orders on mattresses are included regardless of size and uncovered innerspring units from China or AGENCY: Enforcement and Compliance, size description. Vietnam. See Uncovered Innerspring Units International Trade Administration, The scope encompasses all types of from the People’s Republic of China: Notice Department of Commerce. ‘‘innerspring mattresses,’’ ‘‘non-innerspring of Antidumping Duty Order, 74 FR 7661 mattresses,’’ and ‘‘hybrid mattresses.’’ (February 19, 2009); Antidumping Duty SUMMARY: The Department of Commerce ‘‘Innerspring mattresses’’ contain Order: Uncovered Innerspring Units from the (Commerce) determines that imports of innersprings, a series of metal springs joined Socialist Republic of Vietnam, 73 FR 75391 mattresses from Cambodia are being, or together in sizes that correspond to the (December 11, 2008). are likely to be, sold in the United States dimensions of mattresses. Mattresses that Also excluded from the scope of this at less than fair value (LTFV) for the contain innersprings are referred to as investigation are bassinet pads with a period of investigation January 1, 2019, ‘‘innerspring mattresses’’ or ‘‘hybrid nominal length of less than 39 inches, a through December 31, 2019. mattresses.’’ ‘‘Hybrid mattresses’’ contain two nominal width less than 25 inches, and a or more support systems as the core, such as nominal depth of less than 2 inches. DATES: Applicable March 25, 2021. layers of both and innerspring Additionally, also excluded from the scope FOR FURTHER INFORMATION CONTACT: John units. of this investigation are ‘‘mattress toppers.’’ McGowan or Preston Cox, AD/CVD

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