[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57433-57438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18165]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-893-002, A-487-001, A-546-001, A-533-919, A-475-845, A-803-001, A-
201-859, A-565-804, A-455-807, A-856-002, A-469-826, A-583-873]


Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India, 
Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and 
Taiwan: Initiation of Less-Than-Fair-Value Investigations

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

DATES: Applicable August 17, 2023.

FOR FURTHER INFORMATION CONTACT: Amaris Wade (Bosnia and Herzegovina), 
TJ Worthington (Bulgaria), Paul Gill (Burma), Steven Seifert (India), 
Caroline Carroll (Italy), Sean Carey (Kosovo), Benjamin Blythe 
(Mexico), Emily Halle (the Philippines), Dakota Potts (Poland), 
Benjamin A. Luberda (Slovenia), Matthew Palmer (Spain), and Paul Gill 
(Taiwan), AD/CVD Operations, Offices II, III, IV, V, VII, and IX, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-6334, (202) 482-4567, (202) 482-5673, (202) 
482-3350, (202) 482-4948, (202) 482-3964, (202) 482-3457, (202) 482-
0176, (202) 482-0223, (202) 482-2185, (202) 482-1678, and (202) 482-
5673, respectively.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On July 28, 2023, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of 
mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, 
Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan, 
filed in proper form on behalf of the petitioners,\1\ U.S. producers of 
mattresses and certified unions that represent workers engaged in the 
domestic production of mattresses.\2\ These AD petitions were 
accompanied by a countervailing duty (CVD) petition concerning imports 
of mattresses from Indonesia.\3\
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    \1\ Brooklyn Bedding; Carpenter Co.; Corsicana Mattress Company; 
Future Foam Inc.; FXI, Inc.; Kolcraft Enterprises Inc.; Leggett & 
Platt, Incorporated; Serta Simmons Bedding Inc.; Southerland, Inc.; 
Tempur Sealy International; the International Brotherhood of 
Teamsters; and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union (collectively, the petitioners).
    \2\ See Petitioners' Letter, ``Mattresses from Bosnia and 
Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, 
Mexico, Philippines, Poland, Slovenia, Spain and Taiwan: Antidumping 
and Countervailing Duty Petitions,'' dated July 28, 2023 
(Petitions).
    \3\ Id.
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    On August 1, 8, and 9, 2023, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\4\ 
Additionally, on August 7, 9, and 10, 2023, the petitioners filed 
timely responses to these requests for additional information.\5\
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    \4\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Mattresses from Bosnia and 
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the 
Philippines, Slovenia, Spain, and Taiwan and Countervailing Duties 
on Imports from Indonesia: Supplemental Questions,'' dated August 1, 
2023 (General Issues Supplemental); Country-Specific Supplemental 
Questionnaires: Bosnia Supplemental; Bulgaria Supplemental; Burma 
Supplemental; Burma Supplemental; India Supplemental; Italy 
Supplemental; Kosovo Supplemental; Mexico Supplemental; the 
Philippines Supplemental; Slovenia Supplemental; Spain Supplemental; 
and Taiwan Supplemental, dated August 1, 2023; ``Petitions for the 
Imposition of Antidumping Duties on Imports of Mattresses from 
Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, 
Mexico, the Philippines, Slovenia, Spain, and Taiwan and 
Countervailing Duties on Imports from Indonesia: Supplemental 
Questions,'' dated August 8, 2023 (Second General Issues 
Supplemental); see also Memoranda, ``Phone Call with Counsel to the 
Petitioners,'' dated August 9, 2023.
    \5\ See Petitioners' Letters, ``Mattresses from Bosnia and 
Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, 
Philippines, Slovenia, Spain, and Taiwan: Responses to Petition 
Supplemental Questionnaires,'' dated August 7, 2023, at Volume I 
(First General Issues Supplement) and Volume II (Country-Specific AD 
Supplements); ``Mattresses from Bosnia and Herzegovina, Bulgaria, 
Burma, India, Italy, Kosovo, Mexico, Philippines, Slovenia, Spain, 
and Taiwan: Responses to the Department's Second General Issues 
Supplemental Questionnaire,'' dated August 9, 2023 (Second General 
Issues Supplement); ``Mattresses from Mexico: Mattress Petitioners' 
Response to the Department of Commerce's Second Supplemental 
Questionnaire,'' dated August 10, 2023; and ``Mattresses from India: 
Mattress Petitioners' Response to the Department of Commerce's 
Second Supplemental Questionnaire,'' dated August 10, 2023.

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[[Page 57434]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of mattresses 
from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, 
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV) within the meaning of section 731 of the Act, and that imports 
of such products are materially injuring, or threatening material 
injury to, the mattresses industry in the United States. Consistent 
with section 732(b)(1) of the Act, the Petitions are accompanied by 
information reasonably available to the petitioners supporting their 
allegations.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry, because the petitioners are interested 
parties, as defined in sections 771(9)(C) and (D) of the Act. Commerce 
also finds that the petitioners demonstrated sufficient industry 
support for the initiation of the requested AD investigations.\6\
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    \6\ See the section on ``Industry Support for the Petitions,'' 
infra.
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Periods of Investigation

    Because the Petitions were filed on July 28, 2023, pursuant to 19 
CFR 351.204(b)(1), the periods of investigation (POI) for the Bosnia 
and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the 
Philippines, Poland, Slovenia, Spain, and Taiwan AD investigations are 
July 1, 2022, through June 30, 2023.

Scope of the Investigations

    The products covered by these investigations are mattresses from 
Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, 
the Philippines, Poland, Slovenia, Spain, and Taiwan. For a full 
description of the scope of these investigations, see the appendix to 
this notice.

Comments on the Scope of the Investigations

    On August 1 and 8, 2023, Commerce requested further information and 
clarification from the petitioners regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ On August 7 and 9, 2023, the petitioners revised the 
scope.\8\ The description of the merchandise covered by these 
investigations, as described in the appendix to this notice, reflects 
these clarifications.
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    \7\ See General Issues Supplemental Questionnaire at 3-4; see 
also Second General Issues Supplemental Questionnaire at 3.
    \8\ See First General Issues Supplement at 4 and Exhibit 3; see 
also Second General Issues Supplement at 1 and Exhibit 2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period of time for interested parties to raise issues 
regarding product coverage (i.e., scope).\9\ Commerce will consider all 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information,\10\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that all interested parties submit such comments by 
5:00 p.m. Eastern Time (ET) on September 6, 2023, 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 
September 18, 2023, which is the next business day after 10 calendar 
days from the initial comment deadline.\11\
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    \9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b)(1) (``For both electronically filed 
and manually filed documents, if the applicable due date falls on a 
non-business day, the Secretary will accept documents that are filed 
on the next business day.''). The initial deadline for rebuttal 
comments falls on September 16, 2023, which is a Saturday.
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed simultaneously on the records of the 
concurrent AD and CVD investigations.

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), unless an exception 
applies.\12\ An electronically-filed document must be received 
successfully in its entirety by the time and date it is due.\13\
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    \12\ 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_on_Electronic_Filing_Procedures.pdf.
    \13\ See 19 CFR 351.303(b)(1).
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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 questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant costs of production 
(COP) accurately, as well as to develop appropriate product comparison 
criteria where appropriate.
    Subsequent to the publication of this notice, Commerce intends to 
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information 
or comments that they feel are relevant to the development of an 
accurate list of physical characteristics. Specifically, they may 
provide comments as to which characteristics are appropriate to use as: 
(1) general product characteristics; and (2) product comparison 
criteria. We note that it is not always appropriate to use all product 
characteristics as product comparison criteria. We base product 
comparison criteria on meaningful commercial differences among 
products. In other words, although there may be some physical product 
characteristics utilized by manufacturers to describe mattresses, it 
may be that only a select few product characteristics take into account 
commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on September 6, 
2023, which is 20 calendar days from

[[Page 57435]]

the signature date of this notice. Any rebuttal comments must be filed 
by 5:00 p.m. ET on September 18, 2023, which is the next business day 
after ten calendar days from the initial comment deadline.\14\ All 
comments and submissions to Commerce must be filed electronically using 
ACCESS, as explained above, on the record of each of the AD 
investigations.
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    \14\ See 19 CFR 351.303(b)(1) (``For both electronically filed 
and manually filed documents, if the applicable due date falls on a 
non-business day, the Secretary will accept documents that are filed 
on the next business day.''). The initial deadline for rebuttal 
comments falls on September 16, 2023, which is a Saturday.
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Determination of Industry Support for the Petitions

    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) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    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 U.S. 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,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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 investigations.\17\ 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.\18\
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    \17\ See Petitions at Volume I (pages I-19 through I-23); see 
also First General Issues Supplement at 2 and Exhibit 1.
    \18\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Initiation Checklists: Mattresses from Bosnia 
and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the 
Philippines, Poland, Slovenia, Spain, and Taiwan, dated concurrently 
with this notice (Country-Specific AD Initiation Checklists), at 
Attachment II (Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering Mattresses from Bosnia and 
Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, 
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan).
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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 Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioners provided 
the total 2022 shipments of the domestic like product for the 
supporters of the Petitions, and compared this to the estimated total 
shipments of the domestic like product for the entire domestic 
industry.\19\ Because total industry production data for the domestic 
like product for 2022 are not reasonably available to the petitioners, 
and the petitioners have established that shipments are a reasonable 
proxy for production data,\20\ we have relied on the data provided by 
the petitioners for purposes of measuring industry support.\21\
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    \19\ See Petitions at Volume I (pages I-7 through I-8 and 
Exhibit I-6); see also First General Issues Supplement at 5-7 and 
Exhibits 4-8; and Second General Issues Supplement at 2-3 and 
Exhibits 3-5.
    \20\ See Petitions at Volume I (pages I-7 through I-8 and 
Exhibit I-6); see also First General Issues Supplement at 5-6.
    \21\ See Petitions at Volume I (pages I-7 through I-8 and 
Exhibit I-6); see also First General Issues Supplement at 5-7 and 
Exhibits 4-8; and Second General Issues Supplement at 2-3 and 
Exhibits 3-5.
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    Our review of the data provided in the Petitions, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the 
petitioners have established industry support for the Petitions.\22\ 
First, the Petitions 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).\23\ 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 
Petitions account for at least 25 percent of the total production of 
the domestic like product.\24\ 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 Petitions 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 
Petitions.\25\ Accordingly, Commerce determines that the Petitions were 
filed on behalf of the domestic industry within the meaning of section 
732(b)(1) of the Act.\26\
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    \22\ Id.
    \23\ See Country-Specific AD Initiation Checklists at Attachment 
II; see also section 732(c)(4)(D) of the Act.
    \24\ See Country-Specific AD Initiation Checklists at Attachment 
II.
    \25\ Id.
    \26\ 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 LTFV. In addition, with regard to Burma, Kosovo, 
Mexico, and Taiwan, the petitioners allege that

[[Page 57436]]

subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\27\ With regard to Bosnia and 
Herzegovina, Bulgaria, India, Italy, the Philippines, Poland, Slovenia, 
and Spain, while the allegedly dumped imports from each of these 
countries do not individually exceed the statutory requirements for 
negligibility, the petitioners provided data demonstrating that the 
aggregate import share from these eight countries is 12.30 percent, 
which exceeds the seven percent threshold established by the exception 
in section 771(24)(A)(ii) of the Act.\28\
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    \27\ See Petitions at Volume I (pages I-24 through I-25 and 
Exhibit I-12).
    \28\ Id.
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    The petitioners contend that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; declining market share; underselling and price suppression; 
lost sales and revenues; and adverse impact on the domestic industry's 
operations, capacity utilization, production, commercial shipment 
volumes, employment variables, and financial performance.\29\ We 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence and meet the statutory requirements for 
initiation.\30\
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    \29\ See Petitions at Volume I (pages I-24 through I-52 and 
Exhibits I-1 through I-5 and I-9 through I-16); see also First 
General Issues Supplement at 7 and Exhibit 1.
    \30\ See Country-Specific AD Initiation Checklists at Attachment 
III (Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, 
India, Indonesia, Italy, Kosovo, Mexico, the Philippines, Poland, 
Slovenia, Spain, and Taiwan).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, 
India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, 
and Taiwan. The sources of data for the deductions and adjustments 
relating to U.S. price and normal value (NV) are discussed in greater 
detail in the Country-Specific AD Initiation Checklists.

U.S. Price

    For Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, 
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan, the 
petitioners based export price (EP) on POI average unit values (AUVs) 
derived from official U.S. import statistics for imports of mattresses 
produced in and exported from each country.\31\ The petitioners did not 
make any adjustments to U.S. price to calculate a net ex-factory U.S. 
price.\32\
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    \31\ See Country-Specific AD Initiation Checklists.
    \32\ Id.
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Normal Value <SUP>33</SUP>
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    \33\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the constructed value and COP to determine whether there 
are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
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    For Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, 
Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan, the 
petitioners based NV on home market prices obtained through market 
research for mattresses produced in and sold, or offered for sale, in 
each country during the applicable time period.\34\ The petitioners 
made certain adjustments to home market price to calculate a net ex-
factory home market price, where appropriate.\35\
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    \34\ See Country-Specific AD Initiation Checklists.
    \35\ 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 Bosnia and Herzegovina, 
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, 
Slovenia, Spain, and Taiwan, are being, or are likely to be, sold in 
the United States at LTFV. Based on comparisons of EP to NV in 
accordance with sections 772 and 773 of the Act, the estimated dumping 
margins for mattresses for each of the countries covered by this 
initiation are as follows: (1) Bosnia and Herzegovina--217.38 percent; 
(2) Bulgaria--106.27 percent; (3) Burma--181.71 percent; (4) India--
42.76 percent; (5) Italy--257.06 percent; (6) Kosovo--654.67 percent, 
(7) Mexico--61.97 percent; (8) the Philippines--538.23 percent; (9) 
Poland--330.71 percent; (10) Slovenia--744.81 percent; (11) Spain--
280.28 percent; and (12) Taiwan--624.50 percent.\36\
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    \36\ Id. for details of the calculations.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of mattresses from Bosnia and Herzegovina, Bulgaria, 
Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, 
Spain, and Taiwan are being, or are likely to be, sold in the United 
States at LTFV. 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 
determinations no later than 140 days after the date of these 
initiations.

Respondent Selection

    In the Petitions, the petitioners identified four companies in 
Bosnia and Herzegovina, eight companies in Bulgaria, four companies in 
Burma, 39 companies in India, 39 companies in Italy, three companies in 
Kosovo, 36 companies in Mexico, nine companies in the Philippines, 19 
companies in Poland, six companies in Slovenia, 24 companies in Spain, 
and 98 companies in Taiwan as producers/exporters of mattresses.\37\ 
Following standard practice in AD investigations involving market 
economy countries, in the event Commerce determines that the number of 
exporters or producers is large such that Commerce cannot individually 
examine each company based on its resources, where appropriate, 
Commerce intends to select mandatory respondents in these cases based 
on U.S. Customs and Border Protection (CBP) data for U.S. imports under 
the appropriate Harmonized Tariff Schedule of the United States 
subheadings listed in the ``Scope of the Investigations,'' in the 
appendix.
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    \37\ See First General Issues Supplement at 2-4 and Exhibit 2.
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    On August 14, 2023, Commerce released CBP data on imports of 
mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, 
Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan 
under administrative protective order (APO) to all parties with access 
to information protected by APO and indicated that interested parties 
wishing to comment on CBP data and/or respondent selection must do so 
within three business days of the publication date of the notice of 
initiation of these investigations.\38\ Comments must be

[[Page 57437]]

filed electronically using ACCESS. An electronically-filed document 
must be received successfully in its entirety via ACCESS by 5:00 p.m. 
ET on the specified deadline. Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
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    \38\ See Memoranda, ``Antidumping Duty Petition on Imports of 
Mattresses from Bosnia and Herzegovina: Release of U.S. Customs and 
Border Protection Data,'' dated August 14, 2023; ``Antidumping Duty 
Petition on Imports of Mattresses from Bulgaria: Release of U.S. 
Customs and Border Protection Data,'' dated August 14, 2023; 
``Antidumping Duty Petition on Imports of Mattresses from Burma: 
Release of U.S. Customs and Border Protection Data,'' dated August 
14, 2023; ``Antidumping Duty Petition on Imports of Mattresses from 
India: Release of U.S. Customs and Border Protection Data,'' dated 
August 14, 2023; ``Antidumping Duty Petition on Imports of 
Mattresses from Italy: Release of U.S. Customs and Border Protection 
Data,'' dated August 14, 2023; ``Antidumping Duty Petition on 
Imports of Mattresses from Kosovo: Release of U.S. Customs and 
Border Protection Data,'' dated August 14, 2023. ``Antidumping Duty 
Petition on Imports of Mattresses from Mexico: Release of U.S. 
Customs and Border Protection Data,'' dated August 14, 2023; 
``Antidumping Duty Petition on Imports of Mattresses from the 
Philippines: Release of U.S. Customs and Border Protection Data,'' 
dated August 14, 2023; ``Antidumping Duty Petition on Imports of 
Mattresses from Poland: Release of U.S. Customs and Border 
Protection Data,'' dated August 14, 2023; ``Antidumping Duty 
Petition on Imports of Mattresses from Slovenia: Release of U.S. 
Customs and Border Protection Data,'' dated August 14, 2023; 
``Antidumping Duty Petition on Imports of Mattresses from Spain: 
Release of U.S. Customs and Border Protection Data,'' dated August 
14, 2023; and ``Antidumping Duty Petition on Imports of Mattresses 
from Taiwan: Release of U.S. Customs and Border Protection Data,'' 
dated August 14, 2023.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://access.trade.gov/Resources/Administrative_Protective_Order.aspx.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Bosnia and Herzegovina, Bulgaria, Burma, 
India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, 
and Taiwan via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the AD Petitions to each 
exporter named in the Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

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

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of mattresses from Bosnia and Herzegovina, 
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, 
Slovenia, Spain, and/or Taiwan, are materially injuring, or threatening 
material injury to, a U.S. industry.\39\ A negative ITC determination 
for any country will result in the investigation being terminated with 
respect to that country.\40\ Otherwise, these AD investigations will 
proceed according to statutory and regulatory time limits.
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    \39\ See section 733(a) of the Act.
    \40\ 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). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \41\ 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.\42\ 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 these investigations.
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    \41\ See 19 CFR 351.301(b).
    \42\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of PMS allegations and supporting 
factual information. However, in order to administer section 773(e) of 
the Act, Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
response to section D of Commerce's AD questionnaire.

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 Commerce. 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, Commerce 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, Commerce 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, standalone submission; under limited circumstances, 
Commerce will grant untimely filed requests for the extension of time 
limits, where we determine, based on 19 CFR 351.302, that extraordinary 
circumstances exist. Parties should review Commerce's regulations 
concerning the extension of time limits and the Time Limits Final Rule 
prior to submitting factual information in these investigations.\43\
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    \43\ See 19 CFR 351.302; see also, e.g., Extension of Time 
Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits 
Final Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\44\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\45\ Commerce intends to

[[Page 57438]]

reject factual submissions if the submitting party does not comply with 
the applicable certification requirements.
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    \44\ See section 782(b) of the Act.
    \45\ See 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 
https://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. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\46\
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    \46\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    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: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigations

    The products covered by these investigations are all types of 
youth and adult mattresses. The term ``mattress'' denotes an 
assembly of materials that at a minimum includes a ``core,'' which 
provides the main support system of the mattress, and may consist of 
innersprings, foam, other resilient filling, or a combination of 
these materials. Mattresses also may contain: (1) ``upholstery,'' 
the material between the core and the top panel of the ticking on a 
single-sided mattress, or between the core and the top and bottom 
panel of the ticking on a double-sided mattress; and/or (2) 
``ticking,'' the outermost layer of fabric or other material (e.g., 
vinyl) that encloses the core and any upholstery, also known as a 
cover.
    The scope of these investigations is restricted to only ``adult 
mattresses'' and ``youth mattresses.'' ``Adult mattresses'' are 
frequently described as ``twin,'' ``extra-long twin,'' ``full,'' 
``queen,'' ``king,'' or ``California king'' mattresses. ``Youth 
mattresses'' are typically described as ``crib,'' ``toddler,'' or 
``youth'' mattresses. All adult and youth mattresses are included 
regardless of size and size description or how they are described 
(e.g., frameless futon mattress and tri-fold mattress).
    The scope encompasses all types of ``innerspring mattresses,'' 
``non-innerspring mattresses,'' and ``hybrid mattresses.'' 
``Innerspring mattresses'' contain innersprings, a series of metal 
springs joined together in sizes that correspond to the dimensions 
of mattresses. Mattresses that contain innersprings are referred to 
as ``innerspring mattresses'' or ``hybrid mattresses.'' ``Hybrid 
mattresses'' contain two or more support systems as the core, such 
as layers of both memory foam and innerspring units.
    ``Non-innerspring mattresses'' are those that do not contain any 
innerspring units. They are generally produced from foams (e.g., 
polyurethane, memory (viscoelastic), latex foam, gel infused 
viscoelastic (gel foam), thermobonded polyester, polyethylene) or 
other resilient filling.
    Mattresses covered by the scope of these investigations 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 these investigations are ``futon'' 
mattresses. A ``futon'' is a bi-fold frame made of wood, metal, or 
plastic material, or any combination thereof, that functions as both 
seating furniture (such as a couch, love seat, or sofa) and a bed. A 
``futon mattress'' is a tufted mattress, where the top covering is 
secured to the bottom with thread that goes completely through the 
mattress from the top through to the bottom, and it does not contain 
innersprings or foam. A futon mattress is both the bed and seating 
surface for the futon.
    Also excluded from the scope are airbeds (including inflatable 
mattresses) and waterbeds, which consist of air- or liquid-filled 
bladders as the core or main support system of the mattress.
    Also excluded is certain multifunctional furniture that is 
convertible from seating to sleeping, regardless of filler material 
or components, where such filler material or components are 
upholstered, integrated into the design and construction of, and 
inseparable from, the furniture framing, and the outermost layer of 
the multifunctional furniture converts into the sleeping surface. 
Such furniture may, and without limitation, be commonly referred to 
as ``convertible sofas,'' ``sofabeds,'' ``sofa chaise sleepers,'' 
``futons,'' ``ottoman sleepers,'' or a like description.
    Also excluded from the scope of these investigations are any 
products covered by the existing antidumping duty orders on 
uncovered innerspring units from the People's Republic of China, 
South Africa, and the Socialist Republic of Vietnam. See Uncovered 
Innerspring Units from the People's Republic of China, South Africa, 
and Socialist Republic of Vietnam: Continuation of Antidumping Duty 
Orders, 84 FR 55285 (October 16, 2019).
    Also excluded from the scope of these investigations are 
bassinet pads with a nominal length of less than 39 inches, a 
nominal width of less than 25 inches, and a nominal depth of less 
than 2 inches.
    Additionally, also excluded from the scope of these 
investigations are ``mattress toppers.'' A ``mattress topper'' is a 
removable bedding accessory that supplements a mattress by providing 
an additional layer that is placed on top of a mattress. Excluded 
mattress toppers have a height of four inches or less.
    The products subject to these investigations are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.21.0095, 
9404.29.1005, 9404.29.1013, 9404.29.1095, 9404.29.9085, 
9404.29.9087, and 9404.29.9095. Products subject to these 
investigations may also enter under HTSUS subheadings: 9401.41.0000, 
9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the merchandise subject to these investigations is 
dispositive.

[FR Doc. 2023-18165 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P