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New AD/CV Duties Possible on Mattresses from Eight Countries

Wednesday, April 01, 2020

A petition filed March 31 alleges that mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam are being sold at less than fair value in the U.S. market and that mattresses from China are benefiting from countervailable subsidies. The alleged average dumping margins are 708.1 percent for Cambodia, 706.28 percent for Indonesia, 47.97 percent for Malaysia, 191.09 percent for Serbia, 773.49 percent for Thailand, 620.07 percent for Turkey, and 1008.28 percent for Vietnam.

The products covered by this petition are all types of youth and adult mattresses, including innerspring mattresses, non-innerspring mattresses, and hybrid mattresses. The term “mattress” denotes an assembly of materials that at a minimum includes a core, which provides the main support system and may consist of innersprings, foam, other resilient filling, or a combination of these materials. Mattresses may also 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.

Covered mattresses 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.

Subject mattresses are properly classifiable under HTSUS 9404.21.0010, 9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. They may also enter under HTSUS 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, and 9401.90.5081.

Futon mattresses, airbeds (including inflatable mattresses) and waterbeds, mattress toppers, and any products covered by the existing AD duty orders on uncovered innerspring units from China or Vietnam are excluded from the scope of this petition.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on this product. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.

For more information please contact trade attorney Kristen Smith at (202) 730-4965.

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