AD/CV Duties Could be Coming on Mattresses

Subscribe to daily updates 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

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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:

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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AD/CV Duties Could be Coming on Mattresses