83_FR_52587 83 FR 52386 - Mattresses From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation

83 FR 52386 - Mattresses From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range52386-52391
FR Document2018-22577

Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52386-52391]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22577]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-092]


Mattresses From the People's Republic of China: Initiation of 
Less-Than-Fair-Value Investigation

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

DATES: Applicable October 9, 2018.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Lilit Astvatsatrian 
at (202) 482-0193 or (202) 482-6412, respectively; AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On September 18, 2018, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) Petition concerning imports of 
mattresses from the People's Republic of China (China), filed in proper 
form on behalf of Corsicana Mattress Company, Elite Comfort Solutions, 
Future Foam Inc., FXI, Inc., Innocor, Inc., Kolcraft Enterprises Inc., 
Leggett & Platt, Incorporated, Serta Simmons Bedding, LLC, and Tempur 
Sealy International, Inc. (the petitioners).\1\
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    \1\ See the petitioners' Letter, ``Mattresses from the People's 
Republic of China: Antidumping Duty Petition,'' dated September 18, 
2018 (the Petition).
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    On September 25, 2018, October 2, and October 5, 2018, the 
petitioners filed responses to a supplemental questionnaire issued by 
Commerce and a request for revisions to their surrogate financial ratio 
calculation and scope, respectively.\2\
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    \2\ See Commerce's Letter, ``Petition for the Imposition of 
Antidumping Duties on Imports of Mattresses from the People's 
Republic of China: Supplemental Questions,'' dated September 21, 
2018; the petitioner's letter, ``Mattresses from the People's 
Republic of China: Response to the Department of Commerce's 
September 21, 2018 Supplemental Questions,'' dated September 25, 
2018 (Petition Supplement); Memorandum, ``Phone Conversation 
Regarding Surrogate Financial Ratio Calculations,'' dated October 2, 
2018; the petitioner's letter, ``Mattresses from the People's 
Republic of China: Request for Revised Normal Value and Dumping 
Margin Calculations,'' dated October 2, 2018 (Second Supplement) and 
the petitioner's letter, ``Mattresses from the People's Republic of 
China: Modification to Scope Language,'' dated October 5, 2018 
(Scope Supplement).

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[[Page 52387]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of mattresses 
from China are being, or are likely to be, sold in the United States at 
less than fair value within the meaning of section 731 of the Act, and 
that such imports are materially injuring, or threatening material 
injury to, the domestic industry producing mattresses in the United 
States. Consistent with section 732(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to the petitioners 
supporting their allegation.
    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because the petitioners are interested parties as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioners demonstrated sufficient industry support with respect to 
the initiation of the investigation that the petitioners are 
requesting.\3\
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    \3\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is January 1, 
2018, through June 30, 2018.

Scope of the Investigation

    The product covered by this investigation is mattresses from China. 
For a full description of the scope of this investigation, see the 
Appendix to this notice.

Scope Comments

    During our review of the Petition, we contacted the petitioners 
regarding the proposed scope to ensure that the scope language in the 
Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\4\ As a result, the scope of the 
Petition was modified to clarify the description of merchandise covered 
by the Petition. The description of the merchandise covered by this 
investigation, in the Appendix to this notice, reflects these 
clarifications.
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    \4\ See Petition Supplement at 3-5 and Scope Supplement at 1-3.
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    As discussed in the preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\5\ Commerce will consider all scope comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\6\ all 
such factual information should be limited to public information. To 
facilitate preparation of the AD questionnaire, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on October 29, 2018, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on November 8, 2018, which 
is 10 calendar days from the initial comments deadline.\7\
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \7\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information considered by 
parties to be relevant to the scope of the investigation be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the record of the AD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\8\ An electronically 
filed document must be received successfully in its entirety by the 
time and date that it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of mattresses to be 
reported in response to Commerce's AD questionnaire. This information 
will be used to identify the key physical characteristics of the 
merchandise under consideration in order to report the relevant factors 
of production (FOP) accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
product characteristics comments must be filed by 5:00 p.m. ET on 
October 29, 2018, which is 20 calendar days from the signature date of 
this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on 
November 8, 2018. All comments and submissions to Commerce must be 
filed electronically on the record of this investigation using ACCESS, 
as explained above.\9\
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    \9\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) if there is a large number of producers in the industry, determine 
industry support using a statistically valid sampling method to poll 
the ``industry.''

[[Page 52388]]

    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers, as a whole, of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\10\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\11\
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    \10\ See section 771(10) of the Act.
    \11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the Petition. Based on our analysis of the information submitted on 
the record, we have determined that mattresses, as defined in the 
scope, constitute a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\12\
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    \12\ For a discussion of the domestic like product analysis, see 
Antidumping Duty Investigation Initiation Checklist: Mattresses from 
the People's Republic of China (China AD Initiation Checklist) at 
Attachment II, Analysis of Industry Support for the Antidumping Duty 
Petition Covering Mattresses from the People's Republic of China 
(Attachment II). This checklist is dated concurrently with, and 
hereby adopted by, this notice and is on file electronically via 
ACCESS. Access to documents filed via ACCESS is also available in 
the Central Records Unit, Room B8024 of the main Department of 
Commerce building.
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    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioners provided 
their own shipments of the domestic like product in 2017, and compared 
this to the estimated total shipments of the domestic like product for 
the entire domestic industry.\13\ Because total industry production 
data for the domestic like product for 2017 are not reasonably 
available to the petitioners, and the petitioners have established that 
shipments are a reasonable proxy for production data,\14\ we have 
relied on the data the petitioners provided for purposes of measuring 
industry support.\15\
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    \13\ See Petition Supplement at 8-10 and Exhibits 3 through 6.
    \14\ See Volume I of the Petition at 5.
    \15\ Id. at 5; see also Volume II of the Petition at Exhibits 3 
and 16; see also Petition Supplement at 8-10 and Exhibits 3 through 
6. For further discussion, see China AD Initiation Checklist at 
Attachment II.
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    Our review of the data provided in the Petition, the Petition 
Supplement, and other information readily available to Commerce 
indicates that the petitioners have established industry support for 
the Petition.\16\ First, the petitioners established support from 
domestic producers (or workers) accounting for more than 50 percent of 
the total production of the domestic like product and, as such, 
Commerce is not required to take further action in order to evaluate 
industry support (e.g., polling).\17\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petition account for at least 25 percent of 
the total production of the domestic like product.\18\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petition account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petition.\19\ Accordingly, Commerce determines that 
the Petition was filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.
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    \16\ See China AD Initiation Checklist at Attachment II.
    \17\ See section 732(c)(4)(D) of the Act; see also China AD 
Initiation Checklist at Attachment II.
    \18\ See China AD Initiation Checklist at Attachment II.
    \19\ Id.
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    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because they are interested parties as defined in 
section 771(9)(C) of the Act, and they have demonstrated sufficient 
industry support with respect to the investigation that they are 
requesting that Commerce initiate.\20\
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    \20\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\21\
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    \21\ See Volume I of the Petition at 16; see also Volume II of 
the Petition at Exhibit 10.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports, 
reduced market share, underselling and price depression or suppression, 
lost sales and revenues, and declines in the domestic industry's 
production, U.S. shipments, production-related workers, and financial 
performance.\22\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence, and meet the statutory requirements for 
initiation.\23\
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    \22\ See Volume I of the Petition at 1-3, 13, 16-31, see also 
Volume II of the Petition at Exhibits 3 and 10 through 20.
    \23\ See China AD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petition Covering Mattresses from 
the People's Republic of China.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which Commerce based its decision to initiate this 
investigation. The sources of U.S. prices and data relating to NV are 
discussed in greater detail in the China AD Initiation Checklist.

Export Price

    The petitioners based export price (EP) on an actual invoice price 
for mattresses produced in, and exported from, China and sold or 
offered for sale in the United States, and on the average unit value 
(AUV) of publicly available

[[Page 52389]]

import data.\24\ No adjustments were made to the U.S. prices before 
comparing them to NV.\25\
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    \24\ See China AD Initiation Checklist.
    \25\ Id.
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Normal Value

    Commerce considers China to be an NME country.\26\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we are continuing to treat China as an NME country 
for purposes of initiating this investigation. Accordingly, NV in China 
is appropriately based on FOPs valued in a surrogate market economy 
country, in accordance with section 773(c) of the Act.\27\
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    \26\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying decision memorandum, titled China's Status as a Non-
Market Economy (unchanged in Certain Aluminum Foil from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 83 FR 9282 (March 5, 2018)).
    \27\ See China AD Initiation Checklist.
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    The petitioners claim that Mexico is an appropriate surrogate 
country for China because it is a market economy country that is at a 
level of economic development comparable to that of China and it is a 
significant producer of comparable merchandise.\28\ The petitioners 
provided publicly available information from Mexico, including 
financial statements of a Mexican producer of mattresses, to value all 
FOPs.\29\ Based on the information provided by the petitioners, we 
determine that it is appropriate to use Mexico as the primary surrogate 
country for initiation purposes.
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    \28\ See Volume II of the Petition at 32-34 and Exhibits 24.
    \29\ Id. at 34-36 and Exhibits 26-30.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

FOPs

    The petitioners asserted that information regarding the types and 
volumes of inputs that are consumed by Chinese companies in producing 
mattresses is not reasonably available to them; thus, the petitioners 
used the consumption rates of a U.S. mattress producer to estimate the 
Chinese manufacturers' FOPs.\30\ The petitioners valued the estimated 
FOPs using surrogate values from Mexico, as noted above.\31\
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    \30\ See Volume II of the Petition at 34-36 and Exhibit 26 and 
Petition Supplement at 13-15 and Exhibit 3.
    \31\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of mattresses from China are being, or are likely 
to be, sold in the United States at less than fair value. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for mattresses from China are 258.74 
and 1,731.75 percent.\32\
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    \32\ See China AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigation

    Based upon the examination of the Petition, we find that the 
Petition meets the requirements of section 732 of the Act. Therefore, 
we are initiating an AD investigation to determine whether imports of 
mattresses from China are being, or are likely to be, sold in the 
United States at less than fair value. In accordance with section 
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 140 days after 
the date of this initiation.

Respondent Selection

    The petitioners named 55 producers/exporters as accounting for the 
majority of exports of mattresses to the United States from China.\33\ 
In accordance with our standard practice for respondent selection in AD 
cases involving NME countries, we intend to issue quantity and value 
(Q&V) questionnaires to producers/exporters of merchandise subject to 
this investigation. In the event Commerce determines that it cannot 
individually examine each producer/exporter, where appropriate, 
Commerce intends to select mandatory respondents based on the responses 
received to its Q&V questionnaire. Commerce will request Q&V 
information from known exporters and producers identified with complete 
contact information in the Petition. In addition, Commerce will post 
the Q&V questionnaire along with filing instructions on Enforcement and 
Compliance's website at http://www.trade.gov/enforcement/news.asp.
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    \33\ See Volume I of the Petition at Exhibit I-6; see also 
Petition Supplement at 1 and Exhibit 1.
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    Producers/exporters of mattresses from China that do not receive 
Q&V questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Enforcement & Compliance's website. The Q&V questionnaire response must 
be submitted by the relevant Chinese exporters/producers no later than 
5:00 p.m. ET on October 23, 2018, which is two weeks from the signature 
date of this notice. All Q&V questionnaire responses must be filed 
electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
companies must submit a separate-rate application.\34\ The specific 
requirements for submitting a separate-rate application in this 
investigation are outlined in detail in the application itself, which 
is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days 
after publication of this initiation notice.\35\ Companies that submit 
a separate-rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate-rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from China 
submit a response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate-rate 
consideration.
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    \34\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \35\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for respondents that are 
eligible for a separate rate in an NME investigation. The Separate 
Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well

[[Page 52390]]

as the pool of non-investigated firms receiving the weighted-average 
of the individually calculated rates. This practice is referred to 
as the application of ``combination rates'' because such rates apply 
to specific combinations of exporters and one or more producers. The 
cash-deposit rate assigned to an exporter will apply only to 
merchandise both exported by the firm in question and produced by a 
firm that supplied the exporter during the period of 
investigation.\36\
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    \36\ See Policy Bulletin 05.1 at 6 (emphasis in original).

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the government of China via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of Commerce's initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of mattresses from China are materially 
injuring or threatening material injury to a U.S. industry.\37\ A 
negative ITC determination will result in the investigation being 
terminated.\38\ Otherwise, the investigation will proceed according to 
statutory and regulatory time limits.
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    \37\ See section 733(a) of the Act.
    \38\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\39\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\40\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \39\ See 19 CFR 351.301(b).
    \40\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests 
in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\41\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\42\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \41\ See section 782(b) of the Act.
    \42\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 9, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The scope of this investigation covers 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 this investigation is restricted to only ``adult 
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' have a 
width exceeding 35 inches, a length exceeding 72 inches, and a depth 
exceeding 3 inches on a nominal basis. Such mattresses are 
frequently described as ``twin,'' ``extra-long twin,'' ``full,'' 
``queen,'' ``king,'' or ``California king'' mattresses. ``Youth 
mattresses'' have a width exceeding 27 inches, a length exceeding 51 
inches, and a depth exceeding 1 inch (crib mattresses have a depth 
of 6 inches or less from edge to edge) on a nominal basis. Such 
mattresses are typically described as ``crib,'' ``toddler,'' or 
``youth'' mattresses. All adult and youth mattresses are included 
regardless of actual 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

[[Page 52391]]

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.
    Further, also excluded from the scope of this investigation are 
any products covered by the existing antidumping duty order on 
uncovered innerspring units. See Uncovered Innerspring Units from 
the People's Republic of China: Notice of Antidumping Duty Order, 74 
FR 7661 (February 19, 2009).
    The products subject to this investigation are currently 
properly classifiable under Harmonized Tariff Schedule for the 
United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 
9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products 
subject to this investigation 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 this investigation is dispositive.

[FR Doc. 2018-22577 Filed 10-16-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               52386                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               SUPPLEMENTARY INFORMATION:      The                        (D) 1 shall have appropriate expertise             will be made by the Secretary of
                                               Travel Promotion Act of 2009 (TPA) was                  and experience as an official of a state              Commerce.
                                               signed into law on March 4, 2010 and                    tourism office.                                          3. An affirmative statement that the
                                               was amended in July 2010 and                               To be eligible for Board membership,               applicant is a U.S. citizen and further,
                                               December 2014. The TPA established                      individuals must have international                   is not required to register as a foreign
                                               the Corporation for Travel Promotion                    travel and tourism marketing                          agent under the Foreign Agents
                                               (the Corporation), as a non-profit                      experience, be a current or former chief              Registration Act of 1938, as amended.
                                               corporation charged with the                            executive officer, chief financial officer,             Dated: October 12, 2018.
                                               development and execution of a plan to                  or chief marketing officer or have held
                                                                                                                                                             Julie P. Heizer,
                                               (A) provide useful information to those                 an equivalent management position.
                                                                                                       Additional consideration will be given                Deputy Director, National Travel and Tourism
                                               interested in traveling to the United                                                                         Office.
                                               States; (B) identify and address                        to individuals who have experience
                                                                                                       working in U.S. multinational entities                [FR Doc. 2018–22580 Filed 10–16–18; 8:45 am]
                                               perceptions regarding U.S. entry
                                               policies; (C) maximize economic and                     with marketing budgets, and/or who are                BILLING CODE 3510–DR–P

                                               diplomatic benefits of travel to the                    audit committee financial experts as
                                               United States through the use of various                defined by the Securities and Exchange
                                                                                                       Commission (in accordance with 15                     DEPARTMENT OF COMMERCE
                                               promotional tools; (D) ensure that
                                               international travel benefits all States                U.S.C. 7265). Individuals must be U.S.
                                                                                                                                                             International Trade Administration
                                               and the District of Columbia, and (E)                   citizens, and in addition, cannot be
                                               identify opportunities to promote                       federally registered lobbyists or                     [A–570–092]
                                               tourism to rural and urban areas                        registered as a foreign agent under the
                                                                                                       Foreign Agents Registration Act of 1938,              Mattresses From the People’s Republic
                                               equally, including areas not
                                                                                                       as amended. Those selected for the                    of China: Initiation of Less-Than-Fair-
                                               traditionally visited by international
                                                                                                       Board must be able to meet the time and               Value Investigation
                                               travelers.
                                                  The Corporation is governed by a                     effort commitments of the Board.                      AGENCY:  Enforcement and Compliance,
                                               Board of Directors, consisting of 11                       Board members serve at the discretion
                                                                                                                                                             International Trade Administration,
                                               members with knowledge of                               of the Secretary of Commerce (who may
                                                                                                                                                             Department of Commerce.
                                                                                                       remove any member of the Board for
                                               international travel promotion or                                                                             DATES: Applicable October 9, 2018.
                                                                                                       good cause). The terms of office of each
                                               marketing, broadly representing various
                                                                                                       member of the Board appointed by the                  FOR FURTHER INFORMATION CONTACT:
                                               regions of the United States. The TPA
                                                                                                       Secretary shall be three (3) years. Board             Stephen Bailey or Lilit Astvatsatrian at
                                               directs the Secretary of Commerce (after
                                                                                                       members can serve a maximum of two                    (202) 482–0193 or (202) 482–6412,
                                               consultation with the Secretary of
                                                                                                       consecutive full three-year terms. Board              respectively; AD/CVD Operations,
                                               Homeland Security and the Secretary of
                                                                                                       members are not considered Federal                    Enforcement and Compliance,
                                               State) to appoint the Board of Directors
                                                                                                       government employees by virtue of their               International Trade Administration,
                                               for the Corporation.
                                                                                                       service as a member of the Board and                  U.S. Department of Commerce, 1401
                                                  On July 19, 2018, the Department                     will receive no compensation from the                 Constitution Avenue NW, Washington,
                                               published in the Federal Register a                     Federal government for their                          DC 20230.
                                               ‘‘Notice of an opportunity for travel and               participation in Board activities.                    SUPPLEMENTARY INFORMATION:
                                               tourism industry leaders to apply for                   Members participating in Board
                                               membership on the Board of Directors of                 meetings and events may be paid actual                The Petition
                                               the Corporation for Travel Promotion’’                  travel expenses and per diem by the                      On September 18, 2018, the U.S.
                                               (83 FR 34112), announcing membership                    Corporation when away from their usual                Department of Commerce (Commerce)
                                               opportunities on the Board of Directors                 places of residence.                                  received an antidumping duty (AD)
                                               of the Corporation for Travel Promotion.                   Individuals who want to be                         Petition concerning imports of
                                               The application period closed on                        considered for appointment to the Board               mattresses from the People’s Republic of
                                               August 17, 2018. The Department is                      should submit the following                           China (China), filed in proper form on
                                               now reopening the application period to                 information by the Friday, October 26,                behalf of Corsicana Mattress Company,
                                               solicit additional applications. This                   2018 deadline to the address listed in                Elite Comfort Solutions, Future Foam
                                               notice supplements the notice of July                   the ADDRESSES section above:                          Inc., FXI, Inc., Innocor, Inc., Kolcraft
                                               19, 2018. Interested parties who have                      1. Name, title, and personal resume of             Enterprises Inc., Leggett & Platt,
                                               already applied in response to that                     the individual requesting consideration,              Incorporated, Serta Simmons Bedding,
                                               Federal Register notice do not need to                  including address, email address and                  LLC, and Tempur Sealy International,
                                               re-apply.                                               phone number.                                         Inc. (the petitioners).1
                                                  At this time, the Department will be                    2. A brief statement of why the person                On September 25, 2018, October 2,
                                               selecting four individuals with the                     should be considered for appointment                  and October 5, 2018, the petitioners
                                               appropriate expertise and experience                    to the Board. This statement should also              filed responses to a supplemental
                                               from specific sectors of the travel and                 address the individual’s relevant                     questionnaire issued by Commerce and
                                               tourism industry to serve on the Board                  international travel and tourism                      a request for revisions to their surrogate
                                               as follows:                                             marketing experience and audit                        financial ratio calculation and scope,
                                                  (A) 1 shall have appropriate expertise               committee financial expertise, if any,                respectively.2
                                               and experience in the hotel                             and indicate clearly the sector or sectors
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                                               accommodations sector;                                  enumerated above in which the                           1 See the petitioners’ Letter, ‘‘Mattresses from the
                                                  (B) 1 shall have appropriate expertise               individual has the requisite expertise                People’s Republic of China: Antidumping Duty
                                               and experience as an official of a city                 and experience. Individuals who have                  Petition,’’ dated September 18, 2018 (the Petition).
                                                                                                                                                               2 See Commerce’s Letter, ‘‘Petition for the
                                               convention and visitors’ bureau;                        the requisite expertise and experience in
                                                                                                                                                             Imposition of Antidumping Duties on Imports of
                                                  (C) 1 shall have appropriate expertise               more than one sector can be appointed                 Mattresses from the People’s Republic of China:
                                               and experience in the restaurant sector;                for only one of those sectors.                        Supplemental Questions,’’ dated September 21,
                                               and                                                     Appointments of members to the Board                  2018; the petitioner’s letter, ‘‘Mattresses from the



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                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                           52387

                                                  In accordance with section 732(b) of                 Appendix to this notice, reflects these               18022, U.S. Department of Commerce,
                                               the Tariff Act of 1930, as amended (the                 clarifications.                                       1401 Constitution Avenue NW,
                                               Act), the petitioners allege that imports                 As discussed in the preamble to                     Washington, DC 20230, and stamped
                                               of mattresses from China are being, or                  Commerce’s regulations, we are setting                with the date and time of receipt by the
                                               are likely to be, sold in the United States             aside a period for interested parties to              applicable deadlines.
                                               at less than fair value within the                      raise issues regarding product coverage
                                                                                                       (scope).5 Commerce will consider all                  Comments on Product Characteristics
                                               meaning of section 731 of the Act, and
                                               that such imports are materially                        scope comments received from                             Commerce is providing interested
                                               injuring, or threatening material injury                interested parties and, if necessary, will            parties an opportunity to comment on
                                               to, the domestic industry producing                     consult with interested parties prior to              the appropriate physical characteristics
                                               mattresses in the United States.                        the issuance of the preliminary                       of mattresses to be reported in response
                                               Consistent with section 732(b)(1) of the                determination. If scope comments                      to Commerce’s AD questionnaire. This
                                               Act, the Petition is accompanied by                     include factual information,6 all such                information will be used to identify the
                                               information reasonably available to the                 factual information should be limited to              key physical characteristics of the
                                               petitioners supporting their allegation.                public information. To facilitate                     merchandise under consideration in
                                                                                                       preparation of the AD questionnaire,                  order to report the relevant factors of
                                                  Commerce finds that the petitioners
                                                                                                       Commerce requests that all interested                 production (FOP) accurately, as well as
                                               filed the Petition on behalf of the
                                                                                                       parties submit scope comments by 5:00                 to develop appropriate product-
                                               domestic industry because the
                                                                                                       p.m. Eastern Time (ET) on October 29,                 comparison criteria.
                                               petitioners are interested parties as                                                                            Interested parties may provide any
                                               defined in section 771(9)(C) of the Act.                2018, which is 20 calendar days from
                                                                                                       the signature date of this notice. Any                information or comments that they feel
                                               Commerce also finds that the petitioners                                                                      are relevant to the development of an
                                               demonstrated sufficient industry                        rebuttal comments, which may include
                                                                                                       factual information, must be filed by                 accurate list of physical characteristics.
                                               support with respect to the initiation of                                                                     In order to consider the suggestions of
                                               the investigation that the petitioners are              5:00 p.m. ET on November 8, 2018,
                                                                                                       which is 10 calendar days from the                    interested parties in developing and
                                               requesting.3                                                                                                  issuing the AD questionnaire, all
                                                                                                       initial comments deadline.7
                                               Period of Investigation                                   Commerce requests that any factual                  product characteristics comments must
                                                                                                       information considered by parties to be               be filed by 5:00 p.m. ET on October 29,
                                                 Because China is a non-market                         relevant to the scope of the investigation            2018, which is 20 calendar days from
                                               economy (NME) country, pursuant to 19                   be submitted during this period.                      the signature date of this notice. Any
                                               CFR 351.204(b)(1), the period of                        However, if a party subsequently finds                rebuttal comments must be filed by 5:00
                                               investigation (POI) is January 1, 2018,                 that additional factual information                   p.m. ET on November 8, 2018. All
                                               through June 30, 2018.                                  pertaining to the scope of the                        comments and submissions to
                                               Scope of the Investigation                              investigation may be relevant, the party              Commerce must be filed electronically
                                                                                                       may contact Commerce and request                      on the record of this investigation using
                                                 The product covered by this                           permission to submit the additional                   ACCESS, as explained above.9
                                               investigation is mattresses from China.                 information. All such submissions must
                                               For a full description of the scope of this                                                                   Determination of Industry Support for
                                                                                                       be filed on the record of the AD                      the Petition
                                               investigation, see the Appendix to this                 investigation.
                                               notice.                                                                                                          Section 732(b)(1) of the Act requires
                                                                                                       Filing Requirements                                   that a petition be filed on behalf of the
                                               Scope Comments
                                                                                                          All submissions to Commerce must be                domestic industry. Section 732(c)(4)(A)
                                                  During our review of the Petition, we                filed electronically using Enforcement                of the Act provides that a petition meets
                                               contacted the petitioners regarding the                 and Compliance’s Antidumping Duty                     this requirement if the domestic
                                               proposed scope to ensure that the scope                 and Countervailing Duty Centralized                   producers or workers who support the
                                               language in the Petition is an accurate                 Electronic Service System (ACCESS).8                  petition account for: (i) At least 25
                                               reflection of the products for which the                An electronically filed document must                 percent of the total production of the
                                               domestic industry is seeking relief.4 As                be received successfully in its entirety              domestic like product; and (ii) more
                                               a result, the scope of the Petition was                 by the time and date that it is due.                  than 50 percent of the production of the
                                               modified to clarify the description of                  Documents exempted from the                           domestic like product produced by that
                                               merchandise covered by the Petition.                    electronic submission requirements                    portion of the industry expressing
                                               The description of the merchandise                      must be filed manually (i.e., in paper                support for, or opposition to, the
                                               covered by this investigation, in the                   form) with Enforcement and                            petition. Moreover, section 732(c)(4)(D)
                                                                                                       Compliance’s APO/Dockets Unit, Room                   of the Act provides that, if the petition
                                               People’s Republic of China: Response to the                                                                   does not establish support of domestic
                                                                                                          5 See Antidumping Duties; Countervailing Duties,
                                               Department of Commerce’s September 21, 2018                                                                   producers or workers accounting for
                                               Supplemental Questions,’’ dated September 25,           Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                                                                             more than 50 percent of the total
                                               2018 (Petition Supplement); Memorandum, ‘‘Phone            6 See 19 CFR 351.102(b)(21) (defining ‘‘factual

                                               Conversation Regarding Surrogate Financial Ratio        information’’).                                       production of the domestic like product,
                                               Calculations,’’ dated October 2, 2018; the                 7 See 19 CFR 351.303(b).                           Commerce shall: (i) Poll the industry or
                                               petitioner’s letter, ‘‘Mattresses from the People’s        8 See Antidumping and Countervailing Duty          rely on other information in order to
                                               Republic of China: Request for Revised Normal           Proceedings: Electronic Filing Procedures;            determine if there is support for the
                                               Value and Dumping Margin Calculations,’’ dated          Administrative Protective Order Procedures, 76 FR     petition, as required by subparagraph
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                                               October 2, 2018 (Second Supplement) and the             39263 (July 6, 2011); see also Enforcement and
                                               petitioner’s letter, ‘‘Mattresses from the People’s     Compliance; Change of Electronic Filing System        (A); or (ii) if there is a large number of
                                               Republic of China: Modification to Scope                Name, 79 FR 69046 (November 20, 2014) for details     producers in the industry, determine
                                               Language,’’ dated October 5, 2018 (Scope                of Commerce’s electronic filing requirements,         industry support using a statistically
                                               Supplement).                                            effective August 5, 2011. Information on help using
                                                 3 See the ‘‘Determination of Industry Support for
                                                                                                                                                             valid sampling method to poll the
                                                                                                       ACCESS can be found at https://access.trade.gov/
                                               the Petition’’ section, infra.                          help.aspx and a handbook can be found at https://     ‘‘industry.’’
                                                 4 See Petition Supplement at 3–5 and Scope            access.trade.gov/help/Handbook%20on%20
                                               Supplement at 1–3.                                      Electronic%20Filling%20Procedures.pdf.                  9 See   19 CFR 351.303(b).



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                                               52388                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                                  Section 771(4)(A) of the Act defines                 domestic like product as defined in the                    Commerce finds that the petitioners
                                               the ‘‘industry’’ as the producers, as a                 ‘‘Scope of the Investigation,’’ in the                  filed the Petition on behalf of the
                                               whole, of a domestic like product. Thus,                Appendix to this notice. To establish                   domestic industry because they are
                                               to determine whether a petition has the                 industry support, the petitioners                       interested parties as defined in section
                                               requisite industry support, the statute                 provided their own shipments of the                     771(9)(C) of the Act, and they have
                                               directs Commerce to look to producers                   domestic like product in 2017, and                      demonstrated sufficient industry
                                               and workers who produce the domestic                    compared this to the estimated total                    support with respect to the investigation
                                               like product. The International Trade                   shipments of the domestic like product                  that they are requesting that Commerce
                                               Commission (ITC), which is responsible                  for the entire domestic industry.13                     initiate.20
                                               for determining whether ‘‘the domestic                  Because total industry production data
                                               industry’’ has been injured, must also                                                                          Allegations and Evidence of Material
                                                                                                       for the domestic like product for 2017
                                               determine what constitutes a domestic                                                                           Injury and Causation
                                                                                                       are not reasonably available to the
                                               like product in order to define the                     petitioners, and the petitioners have                      The petitioners allege that the U.S.
                                               industry. While both Commerce and the                   established that shipments are a                        industry producing the domestic like
                                               ITC must apply the same statutory                       reasonable proxy for production data,14                 product is being materially injured, or is
                                               definition regarding the domestic like                  we have relied on the data the                          threatened with material injury, by
                                               product,10 they do so for different                     petitioners provided for purposes of                    reason of the imports of the subject
                                               purposes and pursuant to a separate and                 measuring industry support.15                           merchandise sold at less than normal
                                               distinct authority. In addition,                                                                                value (NV). In addition, the petitioners
                                                                                                          Our review of the data provided in the
                                               Commerce’s determination is subject to                                                                          allege that subject imports exceed the
                                                                                                       Petition, the Petition Supplement, and
                                               limitations of time and information.                                                                            negligibility threshold provided for
                                                                                                       other information readily available to
                                               Although this may result in different                                                                           under section 771(24)(A) of the Act.21
                                                                                                       Commerce indicates that the petitioners
                                               definitions of the like product, such                                                                              The petitioners contend that the
                                                                                                       have established industry support for
                                               differences do not render the decision of                                                                       industry’s injured condition is
                                                                                                       the Petition.16 First, the petitioners
                                               either agency contrary to law.11                                                                                illustrated by a significant and
                                                  Section 771(10) of the Act defines the               established support from domestic
                                                                                                       producers (or workers) accounting for                   increasing volume of subject imports,
                                               domestic like product as ‘‘a product                                                                            reduced market share, underselling and
                                               which is like, or in the absence of like,               more than 50 percent of the total
                                                                                                       production of the domestic like product                 price depression or suppression, lost
                                               most similar in characteristics and uses                                                                        sales and revenues, and declines in the
                                               with, the article subject to an                         and, as such, Commerce is not required
                                                                                                       to take further action in order to                      domestic industry’s production, U.S.
                                               investigation under this title.’’ Thus, the                                                                     shipments, production-related workers,
                                               reference point from which the                          evaluate industry support (e.g.,
                                                                                                       polling).17 Second, the domestic                        and financial performance.22 We have
                                               domestic like product analysis begins is                                                                        assessed the allegations and supporting
                                               ‘‘the article subject to an investigation’’             producers (or workers) have met the
                                                                                                       statutory criteria for industry support                 evidence regarding material injury,
                                               (i.e., the class or kind of merchandise to                                                                      threat of material injury, and causation,
                                               be investigated, which normally will be                 under section 732(c)(4)(A)(i) of the Act
                                                                                                       because the domestic producers (or                      and we have determined that these
                                               the scope as defined in the Petition).                                                                          allegations are properly supported by
                                                  With regard to the domestic like                     workers) who support the Petition
                                                                                                       account for at least 25 percent of the                  adequate evidence, and meet the
                                               product, the petitioners do not offer a                                                                         statutory requirements for initiation.23
                                               definition of the domestic like product                 total production of the domestic like
                                               distinct from the scope of the Petition.                product.18 Finally, the domestic                        Allegations of Sales at Less Than Fair
                                               Based on our analysis of the information                producers (or workers) have met the                     Value
                                               submitted on the record, we have                        statutory criteria for industry support
                                                                                                       under section 732(c)(4)(A)(ii) of the Act                  The following is a description of the
                                               determined that mattresses, as defined                                                                          allegations of sales at less than fair value
                                               in the scope, constitute a single                       because the domestic producers (or
                                                                                                       workers) who support the Petition                       upon which Commerce based its
                                               domestic like product, and we have                                                                              decision to initiate this investigation.
                                               analyzed industry support in terms of                   account for more than 50 percent of the
                                                                                                       production of the domestic like product                 The sources of U.S. prices and data
                                               that domestic like product.12                                                                                   relating to NV are discussed in greater
                                                  In determining whether the                           produced by that portion of the industry
                                                                                                       expressing support for, or opposition to,               detail in the China AD Initiation
                                               petitioners have standing under section                                                                         Checklist.
                                               732(c)(4)(A) of the Act, we considered                  the Petition.19 Accordingly, Commerce
                                               the industry support data contained in                  determines that the Petition was filed on               Export Price
                                               the Petition with reference to the                      behalf of the domestic industry within
                                                                                                                                                                  The petitioners based export price
                                                                                                       the meaning of section 732(b)(1) of the
                                                                                                                                                               (EP) on an actual invoice price for
                                                 10 See  section 771(10) of the Act.                   Act.
                                                 11 See
                                                                                                                                                               mattresses produced in, and exported
                                                         USEC, Inc. v. United States, 132 F. Supp.
                                               2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.        13 See Petition Supplement at 8–10 and Exhibits
                                                                                                                                                               from, China and sold or offered for sale
                                               v. United States, 688 F. Supp. 639, 644 (CIT 1988),     3 through 6.
                                                                                                                                                               in the United States, and on the average
                                               aff’d 865 F.2d 240 (Fed. Cir. 1989)).                      14 See Volume I of the Petition at 5.                unit value (AUV) of publicly available
                                                  12 For a discussion of the domestic like product
                                                                                                          15 Id. at 5; see also Volume II of the Petition at
                                               analysis, see Antidumping Duty Investigation
                                                                                                       Exhibits 3 and 16; see also Petition Supplement at        20 Id.
                                               Initiation Checklist: Mattresses from the People’s
                                                                                                       8–10 and Exhibits 3 through 6. For further                 21 See Volume I of the Petition at 16; see also
                                               Republic of China (China AD Initiation Checklist)
                                                                                                       discussion, see China AD Initiation Checklist at
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                                               at Attachment II, Analysis of Industry Support for                                                              Volume II of the Petition at Exhibit 10.
                                                                                                       Attachment II.                                             22 See Volume I of the Petition at 1–3, 13, 16–31,
                                               the Antidumping Duty Petition Covering Mattresses          16 See China AD Initiation Checklist at
                                               from the People’s Republic of China (Attachment                                                                 see also Volume II of the Petition at Exhibits 3 and
                                               II). This checklist is dated concurrently with, and     Attachment II.                                          10 through 20.
                                                                                                          17 See section 732(c)(4)(D) of the Act; see also
                                               hereby adopted by, this notice and is on file                                                                      23 See China AD Initiation Checklist at

                                               electronically via ACCESS. Access to documents          China AD Initiation Checklist at Attachment II.         Attachment III, Analysis of Allegations and
                                                                                                          18 See China AD Initiation Checklist at
                                               filed via ACCESS is also available in the Central                                                               Evidence of Material Injury and Causation for the
                                               Records Unit, Room B8024 of the main Department         Attachment II.                                          Antidumping Duty Petition Covering Mattresses
                                               of Commerce building.                                      19 Id.                                               from the People’s Republic of China.



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                                                                           Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                      52389

                                               import data.24 No adjustments were                        manufacturers’ FOPs.30 The petitioners                  and can obtain a copy of the Q&V
                                               made to the U.S. prices before                            valued the estimated FOPs using                         questionnaire from Enforcement &
                                               comparing them to NV.25                                   surrogate values from Mexico, as noted                  Compliance’s website. The Q&V
                                                                                                         above.31                                                questionnaire response must be
                                               Normal Value
                                                                                                                                                                 submitted by the relevant Chinese
                                                                                                         Fair Value Comparisons
                                                  Commerce considers China to be an                                                                              exporters/producers no later than 5:00
                                               NME country.26 In accordance with                           Based on the data provided by the                     p.m. ET on October 23, 2018, which is
                                               section 771(18)(C)(i) of the Act, any                     petitioners, there is reason to believe                 two weeks from the signature date of
                                               determination that a foreign country is                   that imports of mattresses from China                   this notice. All Q&V questionnaire
                                               an NME country shall remain in effect                     are being, or are likely to be, sold in the             responses must be filed electronically
                                               until revoked by Commerce. Therefore,                     United States at less than fair value.                  via ACCESS.
                                               we are continuing to treat China as an                    Based on comparisons of EP to NV in
                                                                                                         accordance with sections 772 and 773 of                 Separate Rates
                                               NME country for purposes of initiating
                                               this investigation. Accordingly, NV in                    the Act, the estimated dumping margins                     In order to obtain separate-rate status
                                               China is appropriately based on FOPs                      for mattresses from China are 258.74                    in an NME investigation, companies
                                               valued in a surrogate market economy                      and 1,731.75 percent.32                                 must submit a separate-rate
                                               country, in accordance with section                                                                               application.34 The specific requirements
                                                                                                         Initiation of Less-Than-Fair-Value
                                               773(c) of the Act.27                                                                                              for submitting a separate-rate
                                                                                                         Investigation
                                                  The petitioners claim that Mexico is                                                                           application in this investigation are
                                               an appropriate surrogate country for                        Based upon the examination of the                     outlined in detail in the application
                                               China because it is a market economy                      Petition, we find that the Petition meets               itself, which is available on Commerce’s
                                               country that is at a level of economic                    the requirements of section 732 of the                  website at http://enforcement.trade.gov/
                                                                                                         Act. Therefore, we are initiating an AD                 nme/nme-sep-rate.html. The separate-
                                               development comparable to that of
                                                                                                         investigation to determine whether                      rate application will be due 30 days
                                               China and it is a significant producer of
                                                                                                         imports of mattresses from China are                    after publication of this initiation
                                               comparable merchandise.28 The
                                                                                                         being, or are likely to be, sold in the                 notice.35 Companies that submit a
                                               petitioners provided publicly available
                                                                                                         United States at less than fair value. In               separate-rate application and have been
                                               information from Mexico, including
                                                                                                         accordance with section 733(b)(1)(A) of                 selected as mandatory respondents will
                                               financial statements of a Mexican
                                                                                                         the Act and 19 CFR 351.205(b)(1),                       be eligible for consideration for
                                               producer of mattresses, to value all
                                                                                                         unless postponed, we will make our                      separate-rate status only if they respond
                                               FOPs.29 Based on the information
                                                                                                         preliminary determination no later than                 to all parts of Commerce’s AD
                                               provided by the petitioners, we
                                                                                                         140 days after the date of this initiation.             questionnaire as mandatory
                                               determine that it is appropriate to use
                                               Mexico as the primary surrogate country                   Respondent Selection                                    respondents. Commerce requires that
                                               for initiation purposes.                                                                                          companies from China submit a
                                                                                                            The petitioners named 55 producers/                  response to both the Q&V questionnaire
                                                  Interested parties will have the                       exporters as accounting for the majority
                                               opportunity to submit comments                                                                                    and the separate-rate application by the
                                                                                                         of exports of mattresses to the United                  respective deadlines in order to receive
                                               regarding surrogate country selection                     States from China.33 In accordance with
                                               and, pursuant to 19 CFR                                                                                           consideration for separate-rate status.
                                                                                                         our standard practice for respondent                    Companies not filing a timely Q&V
                                               351.301(c)(3)(i), will be provided an                     selection in AD cases involving NME                     questionnaire response will not receive
                                               opportunity to submit publicly available                  countries, we intend to issue quantity                  separate-rate consideration.
                                               information to value FOPs within 30                       and value (Q&V) questionnaires to
                                               days before the scheduled date of the                     producers/exporters of merchandise                      Use of Combination Rates
                                               preliminary determination.                                subject to this investigation. In the event                Commerce will calculate combination
                                               FOPs                                                      Commerce determines that it cannot                      rates for respondents that are eligible for
                                                                                                         individually examine each producer/                     a separate rate in an NME investigation.
                                                 The petitioners asserted that                           exporter, where appropriate, Commerce                   The Separate Rates and Combination
                                               information regarding the types and                       intends to select mandatory respondents                 Rates Bulletin states:
                                               volumes of inputs that are consumed by                    based on the responses received to its
                                               Chinese companies in producing                                                                                    {w}hile continuing the practice of assigning
                                                                                                         Q&V questionnaire. Commerce will                        separate rates only to exporters, all separate
                                               mattresses is not reasonably available to                 request Q&V information from known                      rates that the Department will now assign in
                                               them; thus, the petitioners used the                      exporters and producers identified with                 its NME Investigation will be specific to
                                               consumption rates of a U.S. mattress                      complete contact information in the                     those producers that supplied the exporter
                                               producer to estimate the Chinese                          Petition. In addition, Commerce will                    during the period of investigation. Note,
                                                                                                                                                                 however, that one rate is calculated for the
                                                                                                         post the Q&V questionnaire along with                   exporter and all of the producers which
                                                 24 See   China AD Initiation Checklist.
                                                 25 Id.
                                                                                                         filing instructions on Enforcement and                  supplied subject merchandise to it during the
                                                 26 See Antidumping Duty Investigation of Certain
                                                                                                         Compliance’s website at http://                         period of investigation. This practice applies
                                               Aluminum Foil from the People’s Republic of               www.trade.gov/enforcement/news.asp.                     both to mandatory respondents receiving an
                                               China: Affirmative Preliminary Determination of              Producers/exporters of mattresses                    individually calculated separate rate as well
                                               Sales at Less-Than-Fair Value and Postponement of         from China that do not receive Q&V
                                               Final Determination, 82 FR 50858, 50861                   questionnaires by mail may still submit                   34 See Policy Bulletin 05.1: Separate-Rates
                                               (November 2, 2017), and accompanying decision                                                                     Practice and Application of Combination Rates in
                                               memorandum, titled China’s Status as a Non-               a response to the Q&V questionnaire
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                                                                                                                                                                 Antidumping Investigation involving Non-Market
                                               Market Economy (unchanged in Certain Aluminum                                                                     Economy Countries (April 5, 2005), available at
                                               Foil from the People’s Republic of China: Final             30 See Volume II of the Petition at 34–36 and
                                                                                                                                                                 http://enforcement.trade.gov/policy/bull05-1.pdf
                                               Determination of Sales at Less Than Fair Value, 83        Exhibit 26 and Petition Supplement at 13–15 and         (Policy Bulletin 05.1).
                                               FR 9282 (March 5, 2018)).                                 Exhibit 3.                                                35 Although in past investigations this deadline
                                                 27 See China AD Initiation Checklist.                     31 Id.
                                                                                                                                                                 was 60 days, consistent with 19 CFR 351.301(a),
                                                 28 See Volume II of the Petition at 32–34 and             32 See China AD Initiation Checklist.
                                                                                                                                                                 which states that ‘‘the Secretary may request any
                                               Exhibits 24.                                                33 See Volume I of the Petition at Exhibit I–6; see   person to submit factual information at any time
                                                 29 Id. at 34–36 and Exhibits 26–30.                     also Petition Supplement at 1 and Exhibit 1.            during a proceeding,’’ this deadline is now 30 days.



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                                               52390                      Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               as the pool of non-investigated firms                   identifying the information already on                  the applicable certification
                                               receiving the weighted-average of the                   the record that the factual information                 requirements.
                                               individually calculated rates. This practice is         seeks to rebut, clarify, or correct.40 Time
                                               referred to as the application of ‘‘combination                                                                 Notification to Interested Parties
                                               rates’’ because such rates apply to specific
                                                                                                       limits for the submission of factual
                                                                                                       information are addressed in 19 CFR                       Interested parties must submit
                                               combinations of exporters and one or more                                                                       applications for disclosure under APO
                                               producers. The cash-deposit rate assigned to            351.301, which provides specific time
                                               an exporter will apply only to merchandise              limits based on the type of factual                     in accordance with 19 CFR 351.305. On
                                               both exported by the firm in question and               information being submitted. Interested                 January 22, 2008, Commerce published
                                               produced by a firm that supplied the exporter           parties should review the regulations                   Antidumping and Countervailing Duty
                                               during the period of investigation.36                   prior to submitting factual information                 Proceedings: Documents Submission
                                                                                                       in this investigation.                                  Procedures; APO Procedures, 73 FR
                                               Distribution of Copies of the Petition                                                                          3634 (January 22, 2008). Parties wishing
                                                 In accordance with section                            Extensions of Time Limits                               to participate in this investigation
                                               732(b)(3)(A) of the Act and 19 CFR                                                                              should ensure that they meet the
                                                                                                          Parties may request an extension of                  requirements of these procedures (e.g.,
                                               351.202(f), a copy of the public version                time limits before the expiration of a
                                               of the Petition has been provided to the                                                                        the filing of letters of appearance as
                                                                                                       time limit established under 19 CFR                     discussed at 19 CFR 351.103(d)).
                                               government of China via ACCESS. To                      351.301, or as otherwise specified by the
                                               the extent practicable, we will attempt                                                                           This notice is issued and published
                                                                                                       Secretary. In general, an extension                     pursuant to sections 732(c)(2) and 777(i)
                                               to provide a copy of the public version                 request will be considered untimely if it
                                               of the Petition to each exporter named                                                                          of the Act, and 19 CFR 351.203(c).
                                                                                                       is filed after the expiration of the time                 Dated: October 9, 2018.
                                               in the Petition, as provided under 19
                                                                                                       limit established under 19 CFR 351.301.                 Gary Taverman,
                                               CFR 351.203(c)(2).
                                                                                                       For submissions that are due from
                                                                                                                                                               Deputy Assistant Secretary for Antidumping
                                               ITC Notification                                        multiple parties simultaneously, an                     and Countervailing Duty Operations,
                                                 We will notify the ITC of Commerce’s                  extension request will be considered                    performing the non-exclusive functions and
                                               initiation, as required by section 732(d)               untimely if it is filed after 10:00 a.m. ET             duties of the Assistant Secretary for
                                               of the Act.                                             on the due date. Under certain                          Enforcement and Compliance.
                                                                                                       circumstances, we may elect to specify
                                               Preliminary Determination by the ITC                                                                            Appendix
                                                                                                       a different time limit by which
                                                  The ITC will preliminarily determine,                extension requests will be considered                   Scope of the Investigation
                                               within 45 days after the date on which                  untimely for submissions which are due                     The scope of this investigation covers all
                                               the Petition was filed, whether there is                from multiple parties simultaneously. In                types of youth and adult mattresses. The term
                                               a reasonable indication that imports of                 such a case, we will inform parties in a                ‘‘mattress’’ denotes an assembly of materials
                                               mattresses from China are materially                    letter or memorandum of the deadline                    that at a minimum includes a ‘‘core,’’ which
                                                                                                                                                               provides the main support system of the
                                               injuring or threatening material injury to              (including a specified time) by which                   mattress, and may consist of innersprings,
                                               a U.S. industry.37 A negative ITC                       extension requests must be filed to be                  foam, other resilient filling, or a combination
                                               determination will result in the                        considered timely. An extension request                 of these materials. Mattresses may also
                                               investigation being terminated.38                       must be made in a separate, stand-alone                 contain (1) ‘‘upholstery,’’ the material
                                               Otherwise, the investigation will                       submission; under limited                               between the core and the top panel of the
                                               proceed according to statutory and                      circumstances we will grant untimely-                   ticking on a single-sided mattress, or between
                                               regulatory time limits.                                                                                         the core and the top and bottom panel of the
                                                                                                       filed requests for the extension of time
                                                                                                                                                               ticking on a double-sided mattress; and/or (2)
                                               Submission of Factual Information                       limits. Parties should review Extension                 ‘‘ticking,’’ the outermost layer of fabric or
                                                                                                       of Time Limits; Final Rule, 78 FR 57790                 other material (e.g., vinyl) that encloses the
                                                  Factual information is defined in 19                 (September 20, 2013), available at                      core and any upholstery, also known as a
                                               CFR 351.102(b)(21) as: (i) Evidence                     http://www.gpo.gov/fdsys/pkg/FR-2013-                   cover.
                                               submitted in response to questionnaires;                09-20/html/2013-22853.htm, prior to                        The scope of this investigation is restricted
                                               (ii) evidence submitted in support of                   submitting extension requests in this                   to only ‘‘adult mattresses’’ and ‘‘youth
                                               allegations; (iii) publicly available                   investigation.                                          mattresses.’’ ‘‘Adult mattresses’’ have a width
                                               information to value factors under 19                                                                           exceeding 35 inches, a length exceeding 72
                                               CFR 351.408(c) or to measure the                        Certification Requirements                              inches, and a depth exceeding 3 inches on a
                                               adequacy of remuneration under 19 CFR                                                                           nominal basis. Such mattresses are frequently
                                                                                                         Any party submitting factual                          described as ‘‘twin,’’ ‘‘extra-long twin,’’
                                               351.511(a)(2); (iv) evidence placed on                                                                          ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California king’’
                                               the record by Commerce; and (v)                         information in an AD or CVD
                                                                                                       proceeding must certify to the accuracy                 mattresses. ‘‘Youth mattresses’’ have a width
                                               evidence other than factual information                                                                         exceeding 27 inches, a length exceeding 51
                                               described in (i)–(iv). 19 CFR 351.301(b)                and completeness of that information.41                 inches, and a depth exceeding 1 inch (crib
                                               requires any party, when submitting                     Parties must use the certification                      mattresses have a depth of 6 inches or less
                                               factual information, to specify under                   formats provided in 19 CFR                              from edge to edge) on a nominal basis. Such
                                               which subsection of 19 CFR                              351.303(g).42 Commerce intends to                       mattresses are typically described as ‘‘crib,’’
                                               351.102(b)(21) the information is being                 reject factual submissions if the                       ‘‘toddler,’’ or ‘‘youth’’ mattresses. All adult
                                                                                                       submitting party does not comply with                   and youth mattresses are included regardless
                                               submitted 39 and, if the information is                                                                         of actual size description.
                                               submitted to rebut, clarify, or correct                                                                            The scope encompasses all types of
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                                                                                                         40 See 19 CFR 351.301(b)(2).
                                               factual information already on the                                                                              ‘‘innerspring mattresses,’’ ‘‘non-innerspring
                                                                                                         41 See section 782(b) of the Act.
                                               record, to provide an explanation                                                                               mattresses,’’ and ‘‘hybrid mattresses.’’
                                                                                                         42 See also Certification of Factual Information to
                                                                                                                                                               ‘‘Innerspring mattresses’’ contain
                                                                                                       Import Administration During Antidumping and
                                                 36 See Policy Bulletin 05.1 at 6 (emphasis in
                                                                                                       Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                                                                               innersprings, a series of metal springs joined
                                               original).                                              17, 2013) (Final Rule). Answers to frequently asked     together in sizes that correspond to the
                                                 37 See section 733(a) of the Act.
                                                                                                       questions regarding the Final Rule are available at     dimensions of mattresses. Mattresses that
                                                 38 Id.
                                                                                                       http://enforcement.trade.gov/tlei/notices/factual_      contain innersprings are referred to as
                                                 39 See 19 CFR 351.301(b).                             info_final_rule_FAQ_07172013.pdf.                       ‘‘innerspring mattresses’’ or ‘‘hybrid



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                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                52391

                                               mattresses.’’ ‘‘Hybrid mattresses’’ contain two         DEPARTMENT OF COMMERCE                    when evaluating the application. If the
                                               or more support systems as the core, such as                                                      requisite minimum number of
                                               layers of both memory foam and innerspring              International Trade Administration        participants is not selected for a
                                               units.                                                                                            particular mission by the recruitment
                                                  ‘‘Non-innerspring mattresses’’ are those             Announcement of July 2018 Approved deadline, the mission may be cancelled.
                                               that do not contain any innerspring units.              International Trade Administration           Each applicant must also certify that
                                               They are generally produced from foams                  Trade Missions                            the products and services it seeks to
                                               (e.g., polyurethane, memory (viscoelastic),                                                       export through the mission are either
                                               latex foam, gel-infused viscoelastic (gel               AGENCY: International Trade
                                                                                                       Administration, Department of             produced in the United States, or, if not,
                                               foam), thermobonded polyester,
                                                                                                       Commerce.                                 are marketed under the name of a U.S.
                                               polyethylene) or other resilient filling.
                                                  Mattresses covered by the scope of this
                                                                                                                                                 firm and have at least fifty-one percent
                                                                                                       SUMMARY: The United States Department
                                               investigation may be imported                                                                     U.S. content by value. In the case of a
                                                                                                       of Commerce, International Trade
                                               independently, as part of furniture or                                                            trade association or organization, the
                                                                                                       Administration (ITA) is announcing two
                                               furniture mechanisms (e.g., convertible sofa                                                      applicant must certify that, for each firm
                                                                                                       upcoming trade missions that will be
                                               bed mattresses, sofa bed mattresses imported                                                      or service provider to be represented by
                                                                                                       recruited, organized, and implemented
                                               with sofa bed mechanisms, corner group                                                            the association/organization, the
                                                                                                       by ITA. These missions are:
                                               mattresses, day-bed mattresses, roll-away bed                                                     products and/or services the
                                               mattresses, high risers, trundle bed                    Trade Mission to India and Indo-Pacific represented firm or service provider
                                               mattresses, crib mattresses), or as part of a set          in Conjunction with Trade Winds        seeks to export are either produced in
                                               in combination with a ‘‘mattress foundation.’’             Indo-Pacific—May 6–13, 2019.           the United States or, if not, marketed
                                               ‘‘Mattress foundations’’ are any base or                Cybersecurity Business Development        under the name of a U.S. firm and have
                                               support for a mattress. Mattress foundations               Mission to Denmark, Norway, and        at least 51% U.S. content.
                                               are commonly referred to as ‘‘foundations,’’               Sweden—September 23–27, 2019.             A trade association/organization
                                               ‘‘boxsprings,’’ ‘‘platforms,’’ and/or ‘‘bases.’’           A summary of each mission is found     applicant must certify to the above for
                                               Bases can be static, foldable, or adjustable.           below. Application information and        all of the companies it seeks to represent
                                               Only the mattress is covered by the scope if            more detailed mission information,        on the mission.
                                               imported as part of furniture, with furniture
                                                                                                       including the commercial setting and         In addition, each applicant must:
                                               mechanisms, or as part of a set in                                                                   • Certify that the products and
                                                                                                       sector information, can be found at the
                                               combination with a mattress foundation.
                                                  Excluded from the scope of this                      trade mission website: http://export.gov/ services that it wishes to market through
                                               investigation are ‘‘futon’’ mattresses. A               trademissions.                            the mission would be in compliance
                                               ‘‘futon’’ is a bi-fold frame made of wood,                 For each mission, recruitment will be with U.S. export controls and
                                               metal, or plastic material, or any combination          conducted in an open and public           regulations;
                                               thereof, that functions as both seating                 manner, including publication in the         • Certify that it has identified any
                                               furniture (such as a couch, love seat, or sofa)         Federal Register, posting on the          matter pending before any bureau or
                                               and a bed. A ‘‘futon mattress’’ is a tufted             Commerce Department trade mission         office in the Department of Commerce;
                                               mattress, where the top covering is secured             calendar (http://export.gov/                 • Certify that it has identified any
                                               to the bottom with thread that goes                     trademissions) and other internet         pending litigation (including any
                                               completely through the mattress from the top            websites, press releases to general and   administrative proceedings) to which it
                                               through to the bottom, and it does not                  trade media, direct mail, broadcast fax,  is a party that involves the Department
                                               contain innersprings or foam. A futon                   notices by industry trade associations    of Commerce; and
                                               mattress is both the bed and seating surface            and other multiplier groups, and             • Sign and submit an agreement that
                                               for the futon.                                          publicity at industry meetings,           it and its affiliates (1) have not and will
                                                  Also excluded from the scope are airbeds
                                                                                                       symposia, conferences, and trade shows. not engage in the bribery of foreign
                                               (including inflatable mattresses) and                                                             officials in connection with a
                                               waterbeds, which consist of air- or liquid-             DATES: Applicable October 17, 2018.
                                                                                                                                                 company’s/participant’s involvement in
                                               filled bladders as the core or main support             FOR FURTHER INFORMATION CONTACT:          this mission, and (2) maintain and
                                               system of the mattress.                                 Gemal Brangman, Trade Promotion           enforce a policy that prohibits the
                                                  Further, also excluded from the scope of             Programs, Industry and Analysis,          bribery of foreign officials.
                                               this investigation are any products covered             International Trade Administration,          In the case of a trade association/
                                               by the existing antidumping duty order on               U.S. Department of Commerce, 1401
                                               uncovered innerspring units. See Uncovered
                                                                                                                                                 organization, the applicant must certify
                                                                                                       Constitution Avenue NW, Washington        that each firm or service provider to be
                                               Innerspring Units from the People’s Republic            DC 20230; telephone (202) 482–3773.
                                               of China: Notice of Antidumping Duty Order,                                                       represented by the association/
                                                                                                       SUPPLEMENTARY INFORMATION:                organization can make the above
                                               74 FR 7661 (February 19, 2009).
                                                  The products subject to this investigation           The Following Conditions for              certifications.
                                               are currently properly classifiable under               Participation Will Be Used for Each       The Following Selection Criteria Will
                                               Harmonized Tariff Schedule for the United               Mission                                   Be Used for Each Mission
                                               States (HTSUS) subheadings: 9404.21.0010,
                                               9404.21.0013, 9404.29.1005, 9404.29.1013,                  Applicants must submit a completed        Targeted mission participants are U.S.
                                               9404.29.9085, and 9404.29.9087. Products                and signed mission application and        firms, services providers and trade
                                               subject to this investigation may also enter            supplemental application materials,       associations/organizations providing or
                                               under HTSUS subheadings: 9404.21.0095,                  including adequate information on their promoting U.S. products and services
                                               9404.29.1095, 9404.29.9095, 9401.40.0000,               products and/or services, primary         that have an interest in entering or
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                                               and 9401.90.5081. Although the HTSUS                    market objectives, and goals for          expanding their business in the
                                               subheadings are provided for convenience                participation. If the Department of       mission’s destination country. The
                                               and customs purposes, the written                       Commerce receives an incomplete           following criteria will be evaluated in
                                               description of the merchandise subject to this          application, the Department may either: selecting participants:
                                               investigation is dispositive.                           Reject the application, request              • Suitability of the applicant’s (or in
                                               [FR Doc. 2018–22577 Filed 10–16–18; 8:45 am]            additional information/clarification, or  the case of a trade association/
                                               BILLING CODE 3510–DS–P                                  take the lack of information into account organization, represented firm or service


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Document Created: 2018-10-17 01:47:24
Document Modified: 2018-10-17 01:47:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable October 9, 2018.
ContactStephen Bailey or Lilit Astvatsatrian at (202) 482-0193 or (202) 482-6412, respectively; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 52386 

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