Petitions filed July 28 allege that mattresses imported from 12 countries are being sold at less than fair value in the U.S. and that imported mattresses from one country (Indonesia) are benefiting from countervailable subsidies. The alleged average dumping margins are as follows.
Bosnia and Herzegovina – 321%
Bulgaria – 117%
Burma – 154%
India – 61%
Italy – 200%
Kosovo – 915%
Mexico – 92%
Philippines – 497%
Poland – 43%
Slovenia – 1,094%
Spain – 66%
Taiwan – 738%
These petitions cover 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.
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. 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.
These products are classifiable under HTSUS 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, and may also enter under HTSUS 9401.41.0000, 9401.49.0000, and 9401.99.9081.
The scope of these petitions is restricted to only adult mattresses and youth mattresses. Goods excluded from the scope include:
- Futon mattresses, which are 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.
- Airbeds (including inflatable mattresses) and waterbeds, which consist of air- or liquid-filled bladders as the core or main support system of the mattress.
- 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 be commonly referred to as convertible sofas, sofabeds, sofa chaise sleepers, futons, and ottoman sleepers.
- Any products covered by the existing AD duty orders on uncovered innerspring units from China, South Africa, and Vietnam.
- 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.
- Mattress toppers, which are 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 Department of Commerce and the International Trade Commission will next determine whether to launch AD and 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 attorney Kristen Smith at (202) 730-4965.
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