On July 28, 2023, a group of U.S. producers and unions (collectively, Petitioners)1 filed an antidumping duty (AD) petition on imports of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan. Petitioners also filed a countervailing duty (CVD) petition on imports of mattresses from Indonesia. Petitioners allege that imports of mattresses from these countries, which represented approximately 82% of U.S. imports of mattresses during the period June 2022 through May 2023, are injuring the U.S. domestic industry because they are sold in the United States for less than “normal value” (i.e., dumped) and, in the case of imports from Indonesia, unfairly subsidized.
If the U.S. Department of Commerce (DOC) determines that such dumping or subsidization is occurring and the U.S. International Trade Commission (ITC) determines that these imports are materially injuring or threatening material injury to the U.S. domestic industry, the DOC may impose significant duties, which may equal or exceed the range of margins alleged in the petitions (ranging from 43% to 1,094%).
This Update provides further information about these petitions in the following sections below: (1) proposed scope of the investigations; (2) exporters, producers, and importers named in the petitions; (3) alleged dumping margins and subsidy rates; and (4) key dates and deadlines.
Sidley attorneys are available to advise and assist exporters, producers, and importers that may be affected by these AD/CVD petitions.
I. Proposed Scope of the Investigations
Petitioners request that the scope of the investigations include all types of youth and adult mattresses, regardless of size. The scope encompasses all types of innerspring mattresses, noninnerspring mattresses, and hybrid mattresses.
Mattresses covered by the scope may be imported independently, as part of furniture or furniture mechanisms, or as part of a set (in combination with a mattress foundation). 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.
The following products are excluded from the scope:
- futon mattresses
- airbeds (including inflatable mattresses) and waterbeds
- 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
- products covered by the existing antidumping duty orders on uncovered innerspring units from China, South Africa, and Vietnam2
- 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 with a height of 4 inches or less
According to Petitioners, the imports described in the scope are currently classifiable under Harmonized Tariff Schedule of the United States item numbers 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.
A complete version of the proposed scope is available here.
II. Exporters, Producers, and Importers Named in the Petitions
Petitioners identified the foreign exporters/producers of mattresses in the 13 countries included in the petitions and the U.S. importers of those mattresses.
A list of the foreign exporters/producers is available here.
A list of the known U.S. importers is available here.
III. Alleged Dumping Margins and Subsidy Rates
Petitioners allege that mattresses imported from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan are being dumped in the United States at the following margins:
- 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%
Although Petitioners do not allege specific subsidy rates for imports of mattresses from Indonesia, the subsidy rates calculated by the DOC in this investigation may be significant.
IV. Key Dates and Deadlines
The ITC will soon begin the data collection portion of the preliminary phase of its investigation by issuing questionnaires to foreign exporters/producers and U.S. importers. These questionnaires will be available on the ITC website.
The upcoming key dates and deadlines in the preliminary phases of the ITC’s and DOC’s investigations are listed below:
- Deadline to respond to the ITC’s preliminary questionnaires — August 11, 2023
- Deadline to request to appear at ITC conference — August 16, 2023
- Deadline for DOC initiation — August 17, 20233
- ITC conference — August 18, 2023
- ITC postconference briefs due from parties — August 23, 2023
- ITC vote date — September 8, 2023
- DOC preliminary CVD determination — October 23, 2023 (may be extended)
- DOC preliminary AD determinations — January 4, 2024 (may be extended)
Sidley Austin LLP provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisers.
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