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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on mattresses from India, Kosovo, Mexico, and Spain.
DATES:
Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Paul Senoyuit (India) at (202) 482-6106, Sean Carey (Kosovo) at (202) 482-3964, Benjamin Blythe (Mexico) at (202) 482-3457, and Joy Zhang (Spain) at (202) 482-1168, AD/CVD Operations, Offices II, VII, IV, and III, respectively, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2024, Commerce published its affirmative final determinations in the less-than-fair-value (LTFV) investigations of mattresses from India, Kosovo, Mexico, and Spain in accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act). On August 28, 2024, the ITC notified Commerce of its final determinations, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of mattresses from India, Kosovo, Mexico, and Spain.
See Mattresses from India: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 59047 (July 22, 2024) ( India Final Determination); see also Mattresses From Kosovo: Final Affirmative Determination of Sales at Less-Than-Fair Value, 89 FR 59043 (July 22, 2024) ( Kosovo Final Determination); Mattresses From Mexico: Final Affirmative Determination of Sales at Less-Than-Fair Value, 89 FR 59062 (July 22, 2024) ( Mexico Final Determination); Mattresses from Mexico: Final Affirmative Determination of Sales at Less-Than-Fair Value; Correction, 89 FR 64877 (August 8, 2024); and Mattresses From Spain: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 59059 (July 22, 2024) ( Spain Final Determination) (collectively, Final Determinations).
See ITC's Letter, Investigation No. 731-TA-1632, 1634, 1635, and 1639 (Final), dated August 28, 2024.
Scope of the Orders
The products covered by these orders are mattresses from India, Kosovo, Mexico, and Spain. For a complete description of the scope of these orders, see the appendix to this notice.
Antidumping Duty Orders
Based on the above-referenced affirmative final determinations, in accordance with section 735(c)(2) and 736 of the Act, Commerce is issuing these AD orders. Because the ITC determined that imports of mattresses from India, Kosovo, Mexico and Spain are materially injuring a U.S. industry, unliquidated entries of such merchandise entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duty deposits equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of mattresses from India, Kosovo, Mexico, and Spain. With the exception of entries occurring after the expiration of the provisional measures period and before publication of the ITC's final affirmative injury determinations, as further described below, antidumping duties will be assessed on unliquidated entries of mattresses from India, Kosovo, Mexico, and Spain, entered, or withdrawn from warehouse, for consumption, on or after March 1, 2024, the date of publication of the Preliminary Determinations. Because Commerce made final affirmative determinations of sales at LTFV, Commerce directed CBP to continue suspension of liquidation of mattresses from India, Kosovo, Mexico, and Spain entered or withdrawn from warehouse for consumption, on or after July 22, 2024, the date of publication of the Final Determinations.
See Mattresses from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 15140 (March 1, 2024) ; see also Mattresses from Kosovo: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 15132 (March 1, 2024); Mattresses from Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 89 FR 15152 (March 1, 2024); and Mattresses from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 15126 (March 1, 2024) (collectively, Preliminary Determinations).
See India Final Determination; see also Kosovo Final Determination; Mexico Final Determination; and Spain Final Determination.
Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the “Provisional Measures” section of this notice, in accordance with section 736 of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of mattresses from India, Kosovo, Mexico, and Spain effective the date of the publication of the ITC Final Determination. These instructions suspending liquidation will remain in effect until further notice.
Further, Commerce intends to instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below. Accordingly, effective the date of publication in the Federal Register of the notice of the ITC's final affirmative injury determinations, CBP will suspend the entries of liquidation of entries of subject merchandise and require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the rates listed in the table below. The relevant all-others rate for each applicable country applies to all producers or exporters not specifically listed, as appropriate.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four-month period to no more than six months. At the request of exporters that account for a significant proportion of mattresses from India, Kosovo, Mexico, and Spain, Commerce extended the four-month period to six months in each of these investigations. Commerce published the Preliminary Determinations on March 1, 2024.
Id.
The extended provisional measures period, beginning on the date of publication of the Preliminary Determinations, ended on August 27, 2024. Therefore, in accordance with section 733(d) of the Act, Commerce intends to instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of mattresses from India, Kosovo, Mexico, and Spain entered or withdrawn from warehouse, for consumption after August 27, 2024, the final day on which the provisional measures were in effect, through the day preceding the date of publication of the ITC's final determinations. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC's final determinations in the Federal Register .
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as published in Commerce's Final Determinations are as follows:
India
Exporter/producer | Weighted-average dumping margin (percent) |
---|---|
International Comfort Technologies Private Limited; Sheela Foam Limited | * 42.76 |
Raj Majal Fabrics | * 42.76 |
Varahamurti Flexirub Industries Private Limited; Amore International, Durfi Retail Private Limited; Springfit Marketing INC | 13.35 |
All Others | 13.35 |
* Rate based on facts available with adverse inferences. |
Kosovo
Exporter/producer | Weighted-average dumping margin (percent) |
---|---|
Ventius International LLC | 63.66 |
Nisco Thailand Co., Ltd | * 344.70 |
All Others | 63.66 |
* Rate based on facts available with adverse inferences. |
Mexico
Exporter/producer | Weighted-average dumping margin (percent) |
---|---|
Ureblock S.A. de C.V./Espumas de Oriente S.A. de C.V | 37.59 |
GAIM Regiomontana S.A. de C.V | * 61.97 |
Colchones Wendy S.A. de C.V | * 61.97 |
All Others | 37.59 |
* Rate based on facts available with adverse inferences. |
Spain
Exporter/producer | Weighted-average dumping margin (percent) |
---|---|
Healthcare Foam, S.L. Unipersonal/Comotex Sistemas Del Descanso, S.L. Unipersonal | 4.61 |
Interplasp Fabrica de Espuma de Poliuretano | * 280.28 |
All Others | 4.61 |
* Rate based on facts available with adverse inferences. |