15126 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 

1See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings; Final Rule, 88 FR 

67069 (September 29, 2023). 

1See 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, 88 

FR 57433 (August 23, 2023) (Initiation Notice). 

2See Mattresses from Bosnia and Herzegovina, 

Bulgaria, Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Poland, Slovenia, Spain, and Taiwan: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 88 FR 72737 

(October 23, 2023). 3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Less-Than-Fair-Value Investigation of Mattresses 

from Spain,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 4See Antidumping Duties; Countervailing Duties; 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

5See Initiation Notice, 88 FR at 57434. 

6See Memorandum, ‘‘Mattresses from Bosnia and 

Herzegovina, Bulgaria, Burma, India, Indonesia, 

Italy, Kosovo, Mexico, Philippines, Poland, 

Slovenia, Spain, and Taiwan: Scope Comments 

Decision Memorandum for the Preliminary 

Department contact 

Steel Wheels from China, A–570–082 (1st Review) ........................................................................................ Jacqueline Arrowsmith, (202) 482– 

5255. 

Utility Scale Wind Towers from China, A–570–981 (2nd Review) ................................................................... Thomas Martin, (202) 482–3936. 

Utility Scale Wind Towers from Vietnam, A–552–863 (2nd Review) ............................................................... Thomas Martin, (202) 482–3936. 

Countervailing Duty Proceedings 

Cast Iron Soil Pipe from China, C–570–080 (1st Review) ............................................................................... Thomas Martin, (202) 482–3936. 

Steel Wheels from China, C–570–083 (1st Review) ........................................................................................ Jacqueline Arrowsmith, (202) 482– 

5255. 

Utility Scale Wind Towers from China, C–570–982 (2nd Review) ................................................................... Mary Kolberg, (202) 482–1785. 

Suspended Investigations 

No Sunset Review of suspended 

investigations is scheduled for initiation 

in April 2024. 

Commerce’s procedures for the 

conduct of Sunset Review are set forth 

in 19 CFR 351.218. The Notice of 

Initiation of Five-Year (Sunset) Review 

provides further information regarding 

what is required of all parties to 

participate in Sunset Review. 

Pursuant to 19 CFR 351.103(c), 

Commerce will maintain and make 

available a service list for these 

proceedings. To facilitate the timely 

preparation of the service list(s), it is 

requested that those seeking recognition 

as interested parties to a proceeding 

contact Commerce in writing within 10 

days of the publication of the Notice of 

Initiation. 

Please note that if Commerce receives 

a Notice of Intent to Participate from a 

member of the domestic industry within 

15 days of the date of initiation, the 

review will continue. 

Thereafter, any interested party 

wishing to participate in the Sunset 

Review must provide substantive 

comments in response to the notice of 

initiation no later than 30 days after the 

date of initiation. Note that Commerce 

has amended certain of its requirements 

pertaining to the service of documents 

in 19 CFR 351.303(f).1

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: February 14, 2024 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2024–04370 Filed 2–29–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–826] 

Mattresses From Spain: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value, Postponement 

of Final Determination, and Extension 

of Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that mattresses from Spain 

are being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of investigation 

(POI) is July 1, 2022, through June 30, 

2023. Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable March 1, 2024. 

FOR FURTHER INFORMATION CONTACT: Joy 

Zhang or Matthew Palmer, AD/CVD 

Operations, Office III, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–1168 or (202) 482–1678, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on August 23, 2023.1 On October 23, 

2023, Commerce postponed the 

preliminary determination of this 

investigation until February 23, 2024.2

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The products covered by this 

investigation are mattresses from Spain. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble,4 we 

set aside a period of time for parties to 

raise issues regarding product coverage 

(i.e., scope).5 Certain interested parties 

commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. For a summary of the 

product coverage comments and 

rebuttal responses submitted to the 

record for this preliminary 

determination and accompanying 

discussion and analysis of all comments 

timely received, see the Preliminary 

Scope Decision Memorandum.6


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 15127 

Determination,’’ dated concurrently with this 

preliminary determination (Preliminary Scope 

Decision Memorandum). 

7 Id. 

8Commerce preliminarily determines that 

Healthcare Foam, S.L. Unipersonal and its affiliate 

Comotex Sistemas Del Descanso, S.L. Unipersonal 

are a single entity (HC Foam). For further 

discussion, see Preliminary Decision Memorandum; 

see also Memorandum, ‘‘Antidumping Investigation 

on Mattresses from Spain: Preliminary Affiliation 

and Collapsing Memorandum,’’ dated concurrently 

with this notice. 

9See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

10See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023) (APO and 

Service Final Rule). 

11See 19 351.309(c)(2) and (d)(2). 

12We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

13See APO and Service Final Rule. 

Commerce is not preliminarily 

modifying the scope language as it 

appeared in the Initiation Notice. See 

the scope in Appendix I to this notice. 

In the Preliminary Scope Decision 

Memorandum, Commerce established 

the deadline for parties to submit scope 

case and rebuttal briefs.7

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Commerce has 

calculated export price and constructed 

export price in accordance with section 

772 of the Act. Normal value is 

calculated in accordance with section 

773 of the Act. Furthermore, pursuant to 

sections 776(a) and (b) of the Act, 

Commerce preliminarily relied upon 

facts otherwise available, with adverse 

inferences (AFA) for Interplasp Fabrica 

de Espuma de Poliuretano (Interplasp). 

For a full description of the 

methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. 

All-Others Rate 

Section 733(d)(1)(ii) of the Act 

provides that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for all exporters and producers not 

individually examined. Pursuant to 

section 735(c)(5)(A) of the Act, this rate 

shall be an amount equal to the 

weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. 

In this investigation, Commerce 

preliminarily assigned a rate based 

entirely on facts available to Interplasp. 

Therefore, the only rate that is not zero, 

de minimis, or based entirely on facts 

otherwise available is the rate calculated 

for Healthcare Foam, S.L. Unipersonal 

(HC Foam).8 Consequently, the rate 

calculated for HC Foam is also assigned 

as the rate for all other producers and 

exporters. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

Healthcare Foam, S.L. 

Unipersonal/Comotex 

Sistemas Del Descanso, S.L. 

Unipersonal ............................. 10.74 

Interplasp Fabrica de Espuma 

de Poliuretano ......................... * 280.28 

All Others .................................... 10.74 

* AFA. 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of entries of subject 

merchandise, as described in Appendix 

I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), Commerce will instruct 

CBP to require a cash deposit equal to 

the estimated weighted-average 

dumping margin or the estimated allothers rate, as follows: (1) the cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margins determined in this 

preliminary determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. These suspension of liquidation 

measures will remain in effect until 

further notice. 

Disclosure 

Commerce intends to disclose the 

calculations performed in connection 

with this preliminary determination to 

interested parties within five days of 

any public announcement or, if there is 

no public announcement, within five 

days of the date of publication of this 

notice in accordance with 19 CFR 

351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation.9 Rebuttal briefs, limited to 

issues raised in the case briefs, may be 

filed not later than five days after the 

date for filing case briefs.10 Interested 

parties who submit case briefs or 

rebuttal briefs in this proceeding must 

submit: (1) a table of contents listing 

each issue; and (2) a table of 

authorities.11

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 

executive summary for each issue raised 

in their briefs.12 Further, we request that 

interested parties limit their executive 

summary of each issue to no more than 

450 words, not including citations. We 

intend to use the executive summaries 

as the basis of the comment summaries 

included in the issues and decision 

memorandum that will accompany the 

final determination in this investigation. 

We request that interested parties 

include footnotes for relevant citations 

in the executive summary of each issue. 

Note that Commerce has amended 

certain of its requirements pertaining to 

the service of documents in 19 CFR 

351.303(f).13

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 


ddrumheller on DSK120RN23PROD with NOTICES1
15128 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 

14See HC Foam’s Letter, ‘‘Request to Extend Final 

Determination,’’ dated February 21, 2024. 

number of participants, and a list of the 

issues to be discussed. If a request for 

a hearing is made, Commerce will 

inform parties of the time and date for 

the hearing. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until not later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the petitioner. 

Section 351.210(e)(2) of Commerce’s 

regulations requires that a request by 

exporters for postponement of the final 

determination be accompanied by a 

request for extension of provisional 

measures from a four-month period to a 

period not more than six months in 

duration. 

On February 21, 2024, pursuant to 19 

CFR 351.210(e), HC Foam requested that 

Commerce postpone the final 

determination and that provisional 

measures be extended to a period not to 

exceed six months.14 In accordance with 

section 735(a)(2)(A) of the Act and 19 

CFR 351.210(b)(2)(ii), because: (1) the 

preliminary determination is 

affirmative; (2) the requesting exporter 

accounts for a significant proportion of 

exports of the subject merchandise; and 

(3) no compelling reasons for denial 

exist, Commerce is postponing the final 

determination and extending the 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, Commerce will 

make its final determination no later 

than 135 days after the date of 

publication of this preliminary 

determination. 

U.S. International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its preliminary determination. If the 

final determination is affirmative, the 

ITC will determine before the later of 

120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

imports of mattresses from Spain are 

materially injuring, or threaten material 

injury to, the U.S. industry. 

Notification to Interested Parties 

This preliminary determination is 

issued and published in accordance 

with sections 733(f) and 777(i)(1) of the 

Act and 19 CFR 351.205(c). 

Dated: February 23, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The products covered by this investigation 

are all types of youth and adult mattresses. 

The term ‘‘mattress’’ denotes an assembly of 

materials that at a minimum includes a 

‘‘core,’’ which provides the main support 

system of the mattress, and may consist of 

innersprings, foam, other resilient filling, or 

a combination of these materials. Mattresses 

also may contain: (1) ‘‘upholstery,’’ the 

material between the core and the top panel 

of the ticking on a single-sided mattress, or 

between the core and the top and bottom 

panel of the ticking on a double-sided 

mattress; and/or (2) ‘‘ticking,’’ the outermost 

layer of fabric or other material (e.g., vinyl) 

that encloses the core and any upholstery, 

also known as a cover. 

The scope of this investigation is restricted 

to only ‘‘adult mattresses’’ and ‘‘youth 

mattresses.’’ ‘‘Adult mattresses’’ are 

frequently described as ‘‘twin,’’ ‘‘extra-long 

twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California 

king’’ mattresses. ‘‘Youth mattresses’’ are 

typically described as ‘‘crib,’’ ‘‘toddler,’’ or 

‘‘youth’’ mattresses. All adult and youth 

mattresses are included regardless of size and 

size description or how they are described 

(e.g., frameless futon mattress and tri-fold 

mattress). 

The scope encompasses all types of 

‘‘innerspring mattresses,’’ ‘‘non-innerspring 

mattresses,’’ and ‘‘hybrid mattresses.’’ 

‘‘Innerspring mattresses’’ contain 

innersprings, a series of metal springs joined 

together in sizes that correspond to the 

dimensions of mattresses. Mattresses that 

contain innersprings are referred to as 

‘‘innerspring mattresses’’ or ‘‘hybrid 

mattresses.’’ ‘‘Hybrid mattresses’’ contain two 

or more support systems as the core, such as 

layers of both memory foam and innerspring 

units. 

‘‘Non-innerspring mattresses’’ are those 

that do not contain any innerspring units. 

They are generally produced from foams 

(e.g., polyurethane, memory (viscoelastic), 

latex foam, gel infused viscoelastic (gel 

foam), thermobonded polyester, 

polyethylene) or other resilient filling. 

Mattresses covered by the scope of this 

investigation may be imported 

independently, as part of furniture or 

furniture mechanisms (e.g., convertible sofa 

bed mattresses, sofa bed mattresses imported 

with sofa bed mechanisms, corner group 

mattresses, day-bed mattresses, roll-away bed 

mattresses, high risers, trundle bed 

mattresses, crib mattresses), or as part of a set 

(in combination with a ‘‘mattress 

foundation’’). ‘‘Mattress foundations’’ are any 

base or support for a mattress. Mattress 

foundations are commonly referred to as 

‘‘foundations,’’ ‘‘boxsprings,’’ ‘‘platforms,’’ 

and/or ‘‘bases.’’ Bases can be static, foldable, 

or adjustable. Only the mattress is covered by 

the scope if imported as part of furniture, 

with furniture mechanisms, or as part of a 

set, in combination with a mattress 

foundation. 

Excluded from the scope of this 

investigation are ‘‘futon’’ mattresses. A 

‘‘futon’’ is a bi-fold frame made of wood, 

metal, or plastic material, or any combination 

thereof, that functions as both seating 

furniture (such as a couch, love seat, or sofa) 

and a bed. A ‘‘futon mattress’’ is a tufted 

mattress, where the top covering is secured 

to the bottom with thread that goes 

completely through the mattress from the top 

through to the bottom, and it does not 

contain innersprings or foam. A futon 

mattress is both the bed and seating surface 

for the futon. 

Also excluded from the scope are airbeds 

(including inflatable mattresses) and 

waterbeds, which consist of air- or liquidfilled 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 15129 

1See 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,88 

FR 57433 (August 23, 2023) (Initiation Notice). 

2See Mattresses from Bosnia and Herzegovina, 

Bulgaria, Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Poland, Slovenia, Spain, and Taiwan: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair Value Investigations, 88 FR 72737 

(October 23, 2023). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Less-Than-Fair-Value Investigation of Mattresses 

from Taiwan,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

4See Antidumping Duties; Countervailing Duties; 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

5See Initiation Notice, 88 FR at 57434. 

6See Memorandum, ‘‘Mattresses from Bosnia and 

Herzegovina, Bulgaria, Burma, India, Indonesia, 

Italy, Kosovo, Mexico, Philippines, Poland, 

Slovenia, Spain, and Taiwan: Scope Comments 

Decision Memorandum for the Preliminary 

Determination,’’ dated concurrently with this 

preliminary determination (Preliminary Scope 

Decision Memorandum). 

7 Id. 

8The petitioners are: 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.; 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, 

AFL–CIO. 

9See Petitioners’ Letter, ‘‘Mattress Petitioners’ 

Allegation of Critical Circumstances,’’ dated 

January 24, 2024. 

and customs purposes, the written 

description of the merchandise subject to this 

investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Affiliation and Single Entity Treatment 

V. Use of Facts Available With Adverse 

Inferences 

VI. Discussion of the Methodology 

VII. Currency Conversion 

VIII. Recommendation 

[FR Doc. 2024–04320 Filed 2–29–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–873] 

Mattresses From Taiwan: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value and Preliminary 

Affirmative Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that mattresses from Taiwan 

are being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of investigation 

(POI) is July 1, 2022, through June 30, 

2023. Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable March 1, 2024. 

FOR FURTHER INFORMATION CONTACT: Ajay 

Menon, AD/CVD Operations, Office IX, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0208. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on August 23, 2023.1 On October 23, 

2023, Commerce postponed the 

preliminary determination of this 

investigation until February 23, 2024.2

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The products covered by this 

investigation are mattresses from 

Taiwan. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the Preamble,4 we 

set aside a period of time for parties to 

raise issues regarding product coverage 

(i.e., scope).5 Certain interested parties 

commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. For a summary of the 

product coverage comments and 

rebuttal responses submitted on the 

record for this preliminary 

determination and accompanying 

discussion and analysis of all comments 

timely received, see the Preliminary 

Scope Decision Memorandum.6

Commerce is not preliminarily 

modifying the scope language as it 

appeared in the Initiation Notice. See 

the scope in Appendix I to this notice. 

In the Preliminary Scope Decision 

Memorandum, Commerce established 

the deadline for parties to submit scope 

case and rebuttal briefs.7

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Pursuant to section 

776(a) and (b) of the Act, Commerce has 

preliminarily relied upon the facts 

otherwise available with adverse 

inferences for Fuyue Mattress Industry 

Co., Ltd. (Fuyue Mattress), Star Seeds 

Co., Ltd. (Star Seeds), and Yong Yi 

Cheng Co., Ltd. (Yong Yi Cheng). For a 

full description of the methodology 

underlying the preliminary 

determination, see the Preliminary 

Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances 

On January 24, 2024, the petitioners 8

timely filed a critical circumstances 

allegation, pursuant to section 733(e)(1) 

of the Act and 19 CFR 351.206(c)(1), 

alleging that critical circumstances exist 

with respect to imports of the subject 

merchandise from Taiwan.9

Section 733(e)(1) of the Act provides 

that Commerce will preliminarily 

determine that critical circumstances 

exist in an LTFV investigation if there 

is a reasonable basis to believe or 

suspect that: (A) there is a history of 

dumping and material injury by reason 

of dumped imports in the United States 

or elsewhere of the subject merchandise, 

or the person by whom, or for whose 

account, the merchandise was imported 

knew or should have known that the 

exporter was selling the subject 

merchandise at less than its fair value 

and that there was likely to be material 

injury by reason of such sales; and (B) 

there have been massive imports of the 

subject merchandise over a relatively 

short period. We preliminarily 

determine that critical circumstances 

exist with respect to imports of 

mattresses from Taiwan. For a full 

description of the methodology 

underlying the preliminary critical 


ddrumheller on DSK120RN23PROD with NOTICES1