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 |
CONTACT US
For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, or Stephen Brophy.