Mattresses: New AD/CVD Investigations Deadlines & Scope

The Commerce Department issued notices in the Federal Register on its recently initiated antidumping duty investigations on mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan (A-893-002, A-487-001, A-546-001, A-533-919, A-475-845, A-803-001, A-201-859, A-565-804, A-455-807, A-856-002, A-469-826, A-583-873), and its countervailing duty investigation on mattresses from Indonesia (C-560-839). The CVD investigation covers entries for the calendar year 2022. The AD investigations cover entries July 1, 2022, through June 30, 2023.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized mattresses are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Sept. 11, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in October for CVD and January for AD, it will set AD and/or CVD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CVD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially change AD/CVD cash deposit rates.

AD/CVD Respondent Selection

Commerce said it will pick respondents to its AD/CVD investigations based on CBP import data. Comments are due Aug. 28.

Scope of the AD/CVD Investigations

"The products covered by these investigations 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: (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.

"The scope of these investigations 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 or how they are described (e.g., frameless futon mattress and tri-fold mattress).

"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 investigations 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 investigations 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, 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.

"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 investigations are any products covered by the existing antidumping duty orders on uncovered innerspring units from the People’s Republic of China, South Africa, and the Socialist Republic of Vietnam. See Uncovered Innerspring Units from the People’s Republic of China, South Africa, and Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders, 84 FR 55285 (October 16, 2019).

"Also excluded from the scope of these investigations 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 2 inches.

"Additionally, also excluded from the scope of these investigations 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 investigations are currently classifiable under Harmonized Tariff Schedule of the United States (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, and 9404.29.9095. Products subject to these investigations 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 investigations is dispositive."

Comments on the scope of these investigations are due by 5 p.m. EDT on Sept. 6.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2308210055 for a summary of the petition requesting these investigations.