Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 15155 

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 Poland,’’ 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. 

8See, e.g., Notice of Preliminary Determination of 

Sales at Less Than Fair Value: Sodium Nitrite from 

the Federal Republic of Germany, 73 FR 21909, 

21912 (April 23, 2008), unchanged in Notice of 

Final Determination of Sales at Less Than Fair 

Value: Sodium Nitrite from the Federal Republic of 

Continued 

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. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Use of Facts Available With Adverse 

Inferences 

V. Affiliation and Single Entity Treatment 

VI. Discussion of the Methodology 

VII. Currency Conversion 

VIII. Recommendation 

[FR Doc. 2024–04323 Filed 2–29–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–455–807] 

Mattresses From Poland: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that mattresses (mattresses) 

from Poland 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: 

Dakota Potts, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0223. 

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 for 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 

Poland. 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

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 sections 

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

preliminarily relied upon the facts 

otherwise available with adverse 

inferences for COM40 SP. Z O.O. SP. K., 

CORRECT–K BLASZCZYK I 

WSPOLNICY SPOLKA, 

ARJOHUNTLEIGH AB, and COM 

FORTY LIMITED SP. For a full 

description of the methodology 

underlying the preliminary 

determination, see the Preliminary 

Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(A)(ii) and 

735(c)(5)(A) of the Act provide that in 

the preliminary determination, 

Commerce shall determine an estimated 

all-others rate for all exporters and 

producers not individually examined. 

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. 

Pursuant to section 735(c)(5)(B) of the 

Act, if the estimated weighted-average 

dumping margins established for all 

exporters and producers individually 

examined are zero, de minimis, or 

determined based entirely on facts 

otherwise available, Commerce may use 

any reasonable method to establish the 

estimated weighted-average dumping 

margin for all other producers or 

exporters. Commerce has preliminarily 

determined the estimated weightedaverage dumping margin for each of the 

individually examined respondents 

under section 776 of the Act. Although, 

pursuant to section 735(c)(5)(B) of the 

Act, Commerce’s normal practice under 

these circumstances has been to 

calculate the all-others rate as a simple 

average of the alleged dumping margins 

from the petition,8 the petitioners 


ddrumheller on DSK120RN23PROD with NOTICES1
15156 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 

Germany, 73 FR 38986, 38987 (July 8, 2008), and 

accompanying Issues and Decision Memorandum at 

Comment 2; see also Notice of Final Determination 

of Sales at Less Than Fair Value: Raw Flexible 

Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 

2008); Steel Threaded Rod from Thailand: 

Preliminary Determination of Sales at Less Than 

Fair Value and Affirmative Preliminary 

Determination of Critical Circumstances, 78 FR 

79670, 79671 (December 31, 2013), unchanged in 

Steel Threaded Rod from Thailand: Final 

Determination of Sales at Less Than Fair Value and 

Affirmative Final Determination of Critical 

Circumstances, 79 FR 14476, 14477 (March 14, 

2014). 

9See Initiation Notice, 88 FR at 57436. 

10Commerce is exercising its discretion under 19 

CFR 351.309(c)(1)(i) to alter the time limit for the 

filing of case briefs. 

11See 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). 

12See 19 CFR 351.309(c)(2) and (d)(2). 

13We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

14See APO and Service Final Rule. 

15Commerce is exercising its discretion under 19 

CFR 351.309(c)(1)(i) to alter the time limit for the 

filing of case briefs. 

calculated only one estimated dumping 

margin in the petition (i.e., 330.71 

percent).9 Therefore, consistent with 

Commerce’s practice, we have 

preliminary assigned the dumping 

margin of 330.71 percent as the allothers rate in this investigation. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Exporter/producer 

Estimated 

weighted 

-average 

dumping 

margin 

(percent) 

COM40 SP. Z O.O. SP. K .... * 330.71 

CORRECT–K BLASZCZYK I 

WSPOLNICY SPOLKA ..... * 330.71 

ARJOHUNTLEIGH AB ......... * 330.71 

COM FORTY LIMITED SP ... * 330.71 

All Others .............................. 330.71 

* Adverse Facts Available (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 

instructions will remain in effect until 

further notice. 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with a 

preliminary determination within five 

days of any public announcement or, if 

there is no public announcement, 

within five days of the date of 

publication of the notice of preliminary 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

However, because Commerce 

preliminarily applied AFA to each of 

the individually examined companies in 

this investigation, in accordance with 

section 776 of the Act, and the applied 

AFA rate is based solely on the petition, 

there are no calculations to disclose. 

Verification 

Because the individually examined 

respondents in this investigation did not 

provide information requested by 

Commerce, and Commerce 

preliminarily determines each of the 

examined respondents to have been 

uncooperative, we will not conduct 

verification. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than 30 days after 

the date of publication of the 

preliminary determination.10 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.11 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.12

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.13 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).14

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.15 Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, 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. Parties should confirm 

by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

Final Determination 

Section 735(a)(1) of the Act and 19 

CFR 351.210(b)(1) provide that 

Commerce will issue the final 

determination within 75 days after the 

date of its preliminary determination. 

Accordingly, Commerce will make its 

final determination no later than 75 

days after the signature date 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 15157 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This 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 

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. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Use of Facts Available with Adverse 

Inferences 

V. Recommendation 

[FR Doc. 2024–04321 Filed 2–29–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review and Join 

Annual Inquiry Service List 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Brown, Office of AD/CVD 

Operations, Customs Liaison Unit, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, telephone: (202) 482–4735. 

Background 

Each year during the anniversary 

month of the publication of an 

antidumping or countervailing duty 

order, finding, or suspended 

investigation, an interested party, as 

defined in section 771(9) of the Tariff 

Act of 1930, as amended (the Act), may 

request, in accordance with 19 CFR 

351.213, that the U.S. Department of 

Commerce (Commerce) conduct an 

administrative review of that 

antidumping or countervailing duty 

order, finding, or suspended 

investigation. 

All deadlines for the submission of 

comments or actions by Commerce 

discussed below refer to the number of 

calendar days from the applicable 

starting date. 

Respondent Selection 

In the event Commerce limits the 

number of respondents for individual 

examination for administrative reviews 

initiated pursuant to requests made for 

the orders identified below, Commerce 

intends to select respondents based on 


ddrumheller on DSK120RN23PROD with NOTICES1