On September 18, 2018, the U.S. Department of Commerce (DOC) received an antidumping duty (AD) petition requesting investigation into imports of mattresses from China. The petitioners, Corsicana Mattress Company, Elite Comfort Solutions, Future Foam Inc., FXI, Inc., Innocor, Inc., Kolcraft Enterprises Inc., Leggett & Platt, Incorporated, Serta Simmons Bedding, LLC, and Tempur Sealy International, Inc., allege that imports of mattresses from China are being, or are likely to be, sold in the United States at less-than-fair value and are materially injuring, and/or threatening material injury to, the domestic industry producing mattresses in the United States.
The Commerce Department has announced a preliminary determination confirming mattresses from China are being sold in the U.S. at less-than-fair value. Only two Chinese suppliers, Healthcare Co., Ltd and Zinus (Xiamen) Inc., were excluded from the “critical circumstance” determination.
Now, CBP will retroactively suspend liquidation and impose AD duty cash deposit requirements for all (except these two companies) as of March 6, 2019. For Healthcare and Zinus, suspension of liquidation and cash deposit requirements will be effective starting June 4, 2019.
DUTY RATE BY EXPORTER/PRODUCER/SUPPLIER
- China-Wide Entity – 1,731.75%
- Separate Rate Companies – 74.65 %
- Zinus (Xiamen) Inc. – 84.64%
- Healthcare Co., Ltd. – 38.56%
ANTIDUMPING DUTIES
Antidumping duty is applied when a foreign company sells a product in the United States at less-than-fair value. In the U.S., businesses have the right to seek relief from market-distorting action that dumping causes to create a level playing field.
MATTRESSES
The scope of this investigation covers all types of both youth and adult mattresses, as well as “innerspring mattresses,” “non-innerspring mattresses,” and “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 and are generally produced from foams (e.g., polyurethane, memory (viscoelastic), latex foam, gel-infused viscoelastic (gel foam), thermo-bonded polyester, polyethylene) or other resilient filling.
“Mattress” has been defined as 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.
All adult and youth mattresses are included regardless of actual size description.
FURNITURE PARTS
Mattresses covered by the investigation may be imported independently, as part of furniture or furniture mechanisms such as:
- 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
- parts of a set with a mattress foundation, the base or support for a mattress such as box springs.
- can be static, foldable, or adjustable.
If imported as part of furniture with furniture mechanisms (or as part of a set in combination with a mattress foundation), only the mattress is covered by the scope of this investigation.
EXCLUSIONS
Excluded from the scope of this investigation are “futon” mattresses, airbeds (inflatable), waterbeds (air- or liquid-filled bladders), mattress toppers which act as a removable bedding accessory that supplements a mattress by providing an additional layer, and any product covered by the existing antidumping duty order on uncovered innerspring mattress goods.
Futons are defined as a bi-fold frame made of wood, metal, or plastic material, or any combination, that functions as both seating furniture (such as a couch, love seat, or sofa) and a bed. The “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 acts as both the bed and seating surface for the futon.
CLASSIFICATION
The products subject to this investigation are currently properly classifiable under Harmonized Tariff Schedule as:
- 9404.21.0010,
- 9404.21.0013,
- 9404.29.1005,
- 9404.29.1013,
- 9404.29.9085,
- 9404.29.9087
- 9404.21.0095,
- 9404.29.1095,
- 9404.29.9095,
- 9401.40.0000, and
- 9401.90.5081.
These HTSUS subheadings are provided for convenience and Customs purposes only. All written description of the merchandise will be subject to the order.
Shippers facing antidumping should contact their Customs brokers and freight forwarding partners to evaluate impacted volume. For those seeking to return goods on the water back to origin without paying import duty should consider entering the good into bonded warehousing or free trade zone (FTZ) before exporting.
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