New Trade Case on Imports of Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan
Twelve U.S. antidumping (“AD”) duty petitions and one countervailing duty (“CVD”) petition were filed on July 28, 2023, by the following: 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; and the International Brotherhood of Teamsters, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (collectively, the “Mattress Petitioners”) against imports of mattresses. The 12 countries named in the antidumping duty petitions are Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan. The one country named in the CVD petition is Indonesia.
The merchandise covered by these petitions consists of certain mattresses, including innerspring and non-innerspring (including hybrid) mattresses. In the industry, the term “mattress” generally means a resilient material or combination of materials generally enclosed by ticking that is intended or promoted for sleeping upon by people. Mattresses generally consist of a core, upholstery material, and ticking. The core provides the main support system of the mattress. In general, a mattress core may consist of innersprings, non-innersprings (e.g., foam), an air or water bladder, other resilient filling, or a combination of these materials. Mattresses with cores of water or air bladders are excluded from the scope of these petitions. “Upholstery” refers to the material between the core and the ticking. “Ticking” refers to the cover or the outermost layer of fabric or other material that encloses the core and any upholstery material. Please see below for the full text of the proposed scope for the investigations.
The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. If the ITC finds that this standard is met, the cases will move to the DOC, which will calculate the preliminary AD and CVD duty margins.
The DOC’s preliminary determinations are currently expected by Oct. 23, 2023 (CVD) and Jan. 4, 2024 (AD). On the date of publication of DOC’s preliminary determinations, importers will be required to deposit the calculated duties upon the products’ entry into the U.S. market.
Importers should also be aware that entries may be subject to AD/CVD cash deposits 90 days before the DOC preliminary determinations if the DOC and ITC issue a finding of “critical circumstances,” meaning that imports increased by at least 15 percent following the filing of the petition compared to a similar period (typically three months) before the petition.
There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available. A schedule of approximate key dates is attached below.
The following are key facts about this trade case:
Petitioner: Mattress Petitioners
Foreign Producers/Exporters and US Importers: Please contact us for a listing of individual importers and exporters named in the petition.
AD/CVD margins: Petitioner alleged the following AD/CVD margins:
- Bosnia and Herzegovina: calculated a dumping margin of 321 percent, ad valorem;
- Bulgaria: calculated a dumping margin of 117 percent, ad valorem;
- Burma: calculated a dumping margin of 154 percent, ad valorem;
- India: calculated a dumping margin of 61 percent, ad valorem;
- Italy: calculated a dumping margin of 200 percent, ad valorem;
- Kosovo: calculated a dumping margin of 915 percent, ad valorem;
- Mexico: calculated a dumping margin of 92 percent, ad valorem;
- The Philippines: calculated a dumping margin of 497 percent, ad valorem;
- Poland: calculated a dumping margin of 330 percent, ad valorem;
- Slovenia: calculated a dumping margin of 1,094 percent, ad valorem;
- Spain: calculated a dumping margin of 66 percent, ad valorem;
- Taiwan: calculated a dumping margin of 738 percent, ad valorem; and
- Indonesia: countervailing duty margins above de minimis.
Merchandise covered by the scope of the case:
The proposed scope of these investigations describes the imported merchandise as:
The products covered by these petitions 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 “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 “ticking,” the outermost layer of fabric or other material (e.g., vinyl) that encloses the core and any upholstery, also known as a cover.
The scope of these petitions 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.
The scope encompasses all types of “innerspring mattresses,” “non-innerspring mattresses,” and “hybrid mattresses.” “Innerspring mattresses” contain innersprings, a series of metal springs joined together in sizes that correspond to the dimensions of mattresses. Mattresses that contain innersprings are referred to as “innerspring mattresses” or “hybrid mattresses.” “Hybrid mattresses” contain two or more support systems as the core, such as layers of both memory foam and innerspring units.
“Non-innerspring mattresses” are those that do not contain any innerspring units. They are generally produced from foams (e.g., polyurethane, memory (viscoelastic), latex foam, gel infused viscoelastic (gel foam), thermobonded polyester, polyethylene) or other resilient filling.
Mattresses covered by the scope of these petitions may be imported independently, as part of furniture or furniture mechanisms (e.g., convertible sofa bed mattresses, sofa bed mattresses imported with sofa bed mechanisms, corner group mattresses, day-bed mattresses, roll-away bed mattresses, high risers, trundle bed mattresses, crib mattresses), or as part of a set (in combination with a “mattress foundation”). “Mattress foundations” are any base or support for a mattress. Mattress foundations are commonly referred to as “foundations,” “boxsprings,” “platforms,” and/or “bases.” Bases can be static, foldable, or adjustable. Only the mattress is covered by the scope if imported as part of furniture, with furniture mechanisms, or as part of a set, in combination with a mattress foundation.
Excluded from the scope of these petitions 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, loveseat, or sofa) and a bed. A “futon mattress” is a tufted mattress, where the top covering is secured to the bottom with thread that goes completely through the mattress from the top through to the bottom, and it does not contain innersprings or foam. A futon mattress is both the bed and seating surface for the futon.
Also excluded from the scope are airbeds (including inflatable mattresses) and waterbeds, which consist of air- or liquid-filled bladders as the core or main support system of the mattress.
Also excluded is certain multifunctional furniture that is convertible from seating to sleeping, regardless of filler material or components, where such filler material or components are upholstered, integrated into the design and construction of, and inseparable from, the furniture framing, and the outermost layer of the multifunctional furniture converts into the sleeping surface. Such furniture may, and without limitation, be commonly referred to as “convertible sofas,” “sofabeds,” “sofa chaise sleepers,” “futons,” “ottoman sleepers,” or a like description.
Also excluded from the scope of these petitions are any products covered by the existing antidumping duty orders on uncovered innerspring units from China, South Africa, and Vietnam.
Also excluded from the scope of these orders 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 two inches.
Additionally, also excluded from the scope of these petitions are “mattress toppers.” A “mattress topper” is a removable bedding accessory that supplements a mattress by providing an additional layer that is placed on top of a mattress. Excluded mattress toppers have a height of four inches or less.
The products subject to these petitions are currently classifiable under 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, 9404.29.9095. Products subject to these petitions may also enter under HTSUS subheadings: 9401.41.0000, 9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to these petitions is dispositive.
If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (email@example.com; 202-640-6680), Kevin Williams (firstname.lastname@example.org; 312-985-5907), Will Sjoberg (email@example.com; 202-772-0924), Aristeo Lopez (firstname.lastname@example.org; 202-552-2366), Kelsey Christensen (email@example.com; 202-640-6670), Sally Alghazali (firstname.lastname@example.org; 202-572-8676), or other members of Clark Hill’s International Trade Business Unit.
|Approximate Key Dates*
|Antidumping Duty Investigation|
|Event||No. of Days||Date of Action|
|ITC Preliminary Investigations**|
|Request to appear at hearing||18||8/15/2023|
|ITC Preliminary Determination||45||9/11/2023|
|DOC Preliminary AD Determination||160||1/4/2024|
|DOC Final AD Determination||235||3/19/2024|
|ITC Final Investigations|
|ITC Final AD Determination||280||5/3/2024|
|DOC Final Investigations|
|DOC AD Publication of Order||287||5/10/2024|
|Countervailing Duty Investigation|
|Event||No. of Days||Date of Action|
|ITC Determination of Reasonable Indication of Injury||45||9/11/2023|
|DOC Preliminary CVD Determination||85||10/24/2023|
|Submission of factual information||95||10/31/2023|
|Request for a hearing||122||11/27/2023|
|DOC Final CVD Determination||160||1/4/2024|
|ITC Final CVD Determination||205||2/19/2024|
|DOC CVD Publication of Order||212||2/26/2024|
* Deadlines are approximate and may change. When a deadline falls on a weekend or Federal holiday, deadlines will be extended to the next business day, as reflected in the above.
** The ITC preliminary dates may change slightly when the ITC publishes its notice of institution in the Federal Register. When the notice is published, parties will have seven days to file an entry of appearance at the ITC and apply for access to confidential information through counsel under Administrative Protective Order.
The views and opinions expressed in the article represent the views of the author and not necessarily the official view of Clark Hill PLC. Nothing in this article constitutes professional legal advice nor is it intended to be a substitute for professional legal advice.
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