Petition Summary: Mattresses From Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, And Vietnam

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On March 31, 2020, Petitioners Brooklyn Bedding, Corsicana Mattress Company, Elite Comfort Solutions, FXI, Inc., Innocor, Inc., Kolcraft Enterprises, Inc., Leggett & Platt, Incorporated, the International Brotherhood of Teamsters, and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (“USW”) (collectively, the “Mattress Petitioners”) filed a petition for the imposition of antidumping and countervailing duties on imports of Mattresses from Cambodia China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam.

SCOPE OF THE INVESTIGATION

The products covered by these petitions 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 may also 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 petitions 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 or size description.

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 petitions 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 petitions 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.

Further, also excluded from the scope of these petitions are any products covered by the existing antidumping duty orders on uncovered innerspring units from China or Vietnam. See Uncovered Innerspring Units from the People’s Republic of China: Notice of Antidumping Duty Order, 74 Fed. Reg. 7661 (Feb. 19, 2009); Uncovered Innerspring Units From the Socialist Republic of Vietnam, 73 Fed. Reg. 75391 (Dec. 11, 2008).

Additionally, also excluded from the scope of these petitions 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 petitions are currently properly classifiable under HTSUS subheadings: 9404.21.0010, 9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products subject to these petitions may also enter under HTSUS subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, and 9401.90.5081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to these petitions is dispositive.

PETITIONER

Brooklyn Bedding

4455 W Camelback Road

Phoenix, AZ 85031

Contact: 602-446-8337

Email: john@brooklynbedding.com

Company Contact: John Merwin

 

Corsicana Mattress Company

1420 W Mockingbird Lane

Dallas, TX 75247

Contact: 800-323-4349

Email: sfallen@corsicanamattress.com

Company Contact: Stuart Fallen

 

Elite Comfort Solutions (ECS)

24 Herring Road

Newman, GA 30265

Contact: 417-358-8131

Email: amy.dearmond@leggett.com

Company Contact: Amy DeArmond

 

FXI, Inc. and Innocur, Inc.

Rose Tree Corporate Center II Media, PA 19063

Contact: 610-744-2102

Email: aprusky@fxi.com

Company Contact: Andrew Prusky

 

Kolcraft Enterprises Inc.

1100 West Monroe Street

Chicago, IL 60607

Contact: 312-361-6342

Email: tkoltun@kolcraft.com

Company Contact: Thomas Koltun

 

Leggett & Platt, Incorporated

1 Leggett Road

Carthage, MO 64836

Contact: 417-358-8131

Email: amy.dearmond@leggett.com

Company Contact: Amy DeArmond

 

International Brotherhood of Teamsters

25 Louisiana Avenue NW

Washington DC 20001

Contact: 202-437-2254

Email: mdolan@teamster.org

Company Contact: Michael F. Dolan

 

United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industial and Service Workers International Union (USW)

1155 Connecticut Avenue NW, #500

Washington DC 20036

Contact: 202-288-2573

Email: rhouseman@usw.org

Company Contact: Roy Houseman

 

COUNSEL FOR PETITIONERS

Yohai Baisburd

CASSIDY LEVY KENT (USA) LLP

900 19TH Street, NW, Fourth Floor

Washington, DC 20006

(202)-567-2300

 

NAMED PRODUCERS/EXPORTERS

For a list of foreign products/exporters alleged by Petitioner, please see Attachment I.

NAMED IMPORTERS

For a list of importers alleged by Petitioner, please see Attachment II.

ESTIMATED SCHEDULE

Event Earliest Date
Petition Filed March 31, 2020
DOC Initiation April 20, 2020
   
ITC Preliminary Investigation:  
Questionnaires Due April 14, 2020
Request to appear at hearing April 20, 2020
Hearing April 21, 2020
Briefs April 27, 2020
ITC Vote May 18, 2020
   
DOC Preliminary Antidumping Determination September 7, 2020
DOC Preliminary Countervailing Determination June 24, 2020
DOC Final Antidumping Determination November 23, 2020
DOC Final Countervailing Determination September 7, 2020
ITC Final AD Determination January 5, 2021
ITC Final CVD Determination October 22, 2020

ALLEGED DUMPING MARGIN

Cambodia: 708.10%

Indonesia: 706.28%

Malaysia: 47.97%

Serbia: 191.09%

Thailand: 773.49%

Turkey: 620.07%

Vietnam: 1,008.28%

ALLEGED SUBSIDIES

For a list of the alleged subsidies, please see Attachment III.

IMPORTS OF SUBJECT MERCHANDISE

  2017 2018 2019
Cambodia      
Quantity 3,786 4,012 510,536
Value ($) 238,347 258,436 35,635,264
AUV ($/Quantity) 61.49 64.42 69.80
       
China      
Quantity 4,599,325 5,932,074 1,866,099
Value ($) 473,866,822 621,363,226 199,257,288
AUV ($/Quantity) 103.03 104.75 106.78
       
Indonesia      
Quantity 1 3 940,076
Value ($) 555 935 112,250,131
AUV ($/Quantity) 555 311.67 119.41
       
Malaysia      
Quantity 0 2 368,632
Value ($) 0 628 42,126,386
AUV ($/Quantity) N/A 314 114.28
       
Serbia      
Quantity 0 0 281,366
Value ($) 0 0 25,984,818
AUV ($/Quantity) N/A/ N/A 92.35
       
Thailand      
Quantity 10 0 193,334
Value ($) 2,848 0 20,564,976
AUV ($/Quantity) 284.80 N/A 106.37
       
Turkey      
Quantity 259 461 241,382
Value ($) 45,112 89,234 21,370,019
AUV ($/Quantity) 174.18 193.57 88.53
       
Vietnam      
Quantity 727 3,582 1,688,440
Value ($) 74,979 323,294 186,632,480
AUV ($/Quantity) 103.13 90.26 110.54

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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