```

[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57412-57416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18164]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-839]

Mattresses From Indonesia: Initiation of Countervailing Duty 
Investigation

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

DATES: Applicable August 17, 2023.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison and Harrison 
Tanchuck, AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1240 
or (202) 482-7421, respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On July 28, 2023, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
mattresses from Indonesia 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\ 
The CVD petition (the Petition) was accompanied by 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.\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 
(the Petition).
    \3\ Id.
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    On August 1, 2, and 8, 2023, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\4\ On August 
7 and 9, 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, Poland, Slovenia, Spain, and Taiwan and Countervailing 
Duties on Imports from Indonesia: Supplemental Questions,'' dated 
August 1, 2023 (First General Issues Supplemental Questionnaire); 
``Petition for the Imposition of Countervailing Duties on Imports of 
Mattresses from Indonesia: Supplemental Questions,'' dated August 2, 
2023; and ``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 Questionnaire).
    \5\ See Petitioners' Letters, ``Mattresses from Bosnia and 
Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, 
Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan: Responses 
to Petition Supplemental Questionnaires,'' dated August 7, 2023 
(General Issues 1SQR); ``Mattresses from Indonesia: Mattress 
Petitioners' Response to the Department of Commerce's Supplemental 
Questions,'' dated August 7, 2023; and ``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 (General Issues 2SQR).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the Government of 
Indonesia (GOI) is providing countervailable subsidies, within the 
meaning of sections 701 and 771(5) of the Act, to producers of 
mattresses in Indonesia, and that such

[[Page 57413]]

imports are materially injuring, or threatening material injury to, the 
domestic industry producing in the United States. Consistent with 
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged 
programs on which we are initiating a CVD investigation, the Petition 
is supported by information reasonably available to the petitioners.
    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because the petitioners are interested parties as 
defined in sections 771(9)(C) and (D) of the Act.\6\ Commerce also 
finds that the petitioners demonstrated sufficient industry support 
with respect to the initiation of the requested CVD investigation.\7\
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    \6\ See Petitions at Volume I (pages 6-8). Brooklyn Bedding LLC, 
Carpenter Co., Corsicana Mattress Company, Future Foam, Inc., FXI, 
Inc., Kolcraft Enterprises, Inc., Leggett & Platt, Incorporated, 
Serta Simmons Bedding, LLC, Southerland, Inc., and Tempur Sealy 
International are interested parties as defined in section 771(9)(C) 
of the Act. The International Brotherhood of Teamsters and USW are 
interested parties as defined in section 771(9)(D) of the Act.
    \7\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
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Period of Investigation

    Because the Petition was filed on July 28, 2023, the period of 
investigation (POI) for Indonesia is January 1, 2022, through December 
31, 2022.\8\
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    \8\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The products covered by this investigation are mattresses from 
Indonesia. For a full description of the scope of this investigation, 
see the appendix to this notice.

Comments on Scope of the Investigation

    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 Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\9\ On August 7 and 9, 2023, the petitioners revised the 
scope.\10\ The description of merchandise covered by this 
investigation, as described in the appendix to this notice, reflects 
these clarifications.
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    \9\ See First General Issues Supplemental Questionnaire at 3-4; 
see also Second General Issues Supplemental Questionnaire at 3.
    \10\ See General Issues 1SQR at 4 and Exhibit 3; see also 
General Issues 2SQR at 1 and Exhibit 2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for parties to raise issues regarding product 
coverage (i.e., scope).\11\ 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, all such 
factual information should be limited to public information.\12\ To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted 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.\13\
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    \11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
    \12\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \13\ 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 the parties 
consider relevant to the scope of the investigation be submitted during 
that time 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 scope 
comments must also be filed on the record of each of the concurrent AD 
and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\14\ An electronically-filed document must be received 
successfully in its entirety by the time and date it is due.\15\
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    \14\ 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 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.
    \15\ See 19 CFR 351.303(b)(1).
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOI of the receipt of the Petition and provided it an 
opportunity for consultations with respect to the Petition.\16\ 
Commerce held consultations with the GOI on August 15, 2023.\17\
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    \16\ See Commerce's Letter, ``Invitation for Consultations to 
Discuss the Countervailing Duty Petition,'' dated July 28, 2023.
    \17\ See Memorandum, ``Consultations with Officials from the 
Government of Indonesia,'' dated August 16, 2023.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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,\18\ 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,

[[Page 57414]]

such differences do not render the decision of either agency contrary 
to law.\19\
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    \18\ See section 771(10) of the Act.
    \19\ 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 investigation.\20\ 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.\21\
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    \20\ See Petition at Volume I (pages I-19 through I-23); see 
also General Issues 1SQR at 2 and Exhibit 1.
    \21\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Indonesia CVD Initiation Checklist 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 (Attachment II).
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    In determining whether the petitioners have standing under section 
702(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 
the total 2022 shipments of the domestic like product for the 
supporters of the Petition, and compared this to the estimated total 
2022 shipments of the domestic like product for the entire domestic 
industry.\22\ 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,\23\ we have relied on the data provided by 
the petitioners for purposes of measuring industry support.\24\
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    \22\ See Petition at Volume I (pages I-7 through I-8 and Exhibit 
I-6); see also General Issues 1SQR at 5-7 and Exhibits 4-8; and 
General Issues 2SQR at 2-3 and Exhibits 3-5.
    \23\ See Petition at Volume I (pages I-7 through I-8 and Exhibit 
I-6); see also General Issues 1SQR at 5-6.
    \24\ See Petition at Volume I (pages I-7 through I-8 and Exhibit 
I-6); see also General Issues 1SQR at 5-7 and Exhibits 4-8; and 
General Issues 2SQR at 2-3 and Exhibits 3-5.
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    Our review of the data provided in the Petition, the General Issues 
1SQR, the General Issues 2SQR, and other information readily available 
to Commerce indicates that the petitioners have established industry 
support for the Petition.\25\ First, the Petition 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).\26\ Second, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(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.\27\ 
Finally, the domestic producers (or workers) have met the statutory 
criteria for industry support under section 702(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.\28\ Accordingly, Commerce 
determines that the Petition was filed on behalf of the domestic 
industry within the meaning of section 702(b)(1) of the Act.\29\
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    \25\ See Attachment II of the Indonesia CVD Initiation 
Checklist.
    \26\ Id.; see also section 702(c)(4)(D) of the Act.
    \27\ See Attachment II of the Indonesia CVD Initiation 
Checklist.
    \28\ Id.
    \29\ Id.
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Injury Test

    Because Indonesia is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from Indonesia materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\30\
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    \30\ See Petition at Volume I (page I-24 and Exhibit I-12).
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    The petitioners contend that the industry's injured condition is 
illustrated by a 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.\31\ 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.\32\
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    \31\ Id. at Volume I (pages I-24 through I-52 and Exhibits I-2 
through I-5 and I-9 through I-16); see also General Issues 1SQR at 
2, 7 and Exhibit 1.
    \32\ See Indonesia CVD Initiation Checklist 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, Philippines, Poland, 
Slovenia, Spain, and Taiwan.
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Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of mattresses from Indonesia benefit from 
countervailable subsidies conferred by the GOI. In accordance with 
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 65 
days after the date of this initiation. Based on our review of the 
Petition, we find that there is sufficient information to initiate a 
CVD investigation on five of the nine programs alleged by the 
petitioner. For a full discussion of the basis for our decision to 
initiate an investigation of each program, see the Indonesia CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection

    The petitioners identified 24 companies in Indonesia as producers 
and/or exporters of mattresses.\33\ Commerce intends to follow its 
standard

[[Page 57415]]

practice in CVD investigations and calculate company-specific subsidy 
rates in this investigation. In the event that Commerce determines that 
the number of companies is large, and it cannot individually examine 
each company based upon Commerce's resources, where appropriate, 
Commerce intends to select mandatory respondents based on U.S. Customs 
and Border Protection (CBP) data for U.S. imports of mattresses from 
Indonesia during the POI under the appropriate Harmonized Tariff 
Schedule of the United States subheadings listed in the ``Scope of the 
Investigation'' in the appendix.
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    \33\ See Petition at Volume I (Exhibit I-10).
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    On August 11, 2023, Commerce released CBP data on U.S. imports of 
mattresses from Indonesia under administrative protective order (APO) 
to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on the CBP data 
and/or respondent selection must do so within three business days after 
the publication date of the notice of initiation of this 
investigation.\34\ Comments must be 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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    \34\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated August 11, 2023.
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Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOI via ACCESS. Furthermore, to the extent practicable, 
Commerce 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

    Commerce will notify the ITC of its initiation, as required by 
section 702(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 Indonesia are materially 
injuring, or threatening material injury to, a U.S. industry.\35\ A 
negative ITC determination will result in the investigation being 
terminated.\36\ Otherwise, this CVD investigation will proceed 
according to statutory and regulatory time limits.
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    \35\ See section 703(a)(1) of the Act.
    \36\ 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 \37\ 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.\38\ 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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    \37\ See 19 CFR 351.301(b).
    \38\ 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 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.\39\ 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, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in this 
investigation.\40\
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    \39\ See 19 CFR 351.302.
    \40\ See 19 CFR 301; see also Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), 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.\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 Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, 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 
administrative protective order in accordance with 19 CFR 351.305. 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the 
required letters of appearance). Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\43\
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    \43\ 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 702 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 Investigation

    The products covered by this investigation are all types of 
youth and adult mattresses. The term ``mattress'' denotes an 
assembly of materials that at a minimum includes a ``core,'' which 
provides the main support system of the mattress, and may consist of 
innersprings, foam, other resilient filling, or a combination of 
these materials. Mattresses also may contain: (1) ``upholstery,'' 
the

[[Page 57416]]

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

[FR Doc. 2023-18164 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P
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