The U.S. Department of Commerce (DOC) issued a preliminary antidumping duty (AD) determination on imports of mattresses from China under case A-570-092.
AD occurs when a foreign company sells products in the U.S. at less than fair market value.
Preliminary AD rates range from 38.56 % to 1,731.75%, and are dependent on the
Exporter/Producer, as follows:
- Healthcare Co., Ltd. 56 %
- Zinus (Xiamen) Inc. 64 %
- Separate Rate Companies 65 %
- All other producers and exports 1,731.75 %
The DOC will instruct U.S. Customs and Border Protection (CBP) to require cash deposits from importers of mattresses from China based on these preliminary rates, effective June 4, 2019 (entered or withdrawn from warehouse on or after this date).
Critical circumstances, which allow AD to be imposed retroactively for 90 days, were found for all exporter/producers, except for Healthcare Co, Ltd., and Zinus (Xiamen) Inc.
It is anticipated that CBP will begin rejecting entries filed as of March 6, 2019, until the effective date, to identify the exporter/producer and for possible remittance of AD.
Harmonized Tariff Schedule (HTS) 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, 9404.29.9095, 9401.40.0000, and 9401.90.5081
Please note that the HTS subheadings are provided for convenience and customs purposes, with the written description of the merchandise subject to this investigation being dispositive.
SCOPE:
The scope covers all types of youth and adult mattresses, regardless of actual size description. The term ‘mattress’ denotes an assembly of materials that at a minimum includes a ‘core’, and may consist of innersprings, foam, other resilient filling, or a combination of these materials. Mattresses may also contain upholstery, and/or ticking.
Adult mattresses have a width exceeding 35 inches, a length exceeding 72 inches, and a depth exceeding 3 inches, and are frequently described as twin, extra-long twin, full, queen, king, or California king mattresses.
Youth mattresses have a width exceeding 27 inches, a length exceeding 51 inches, and a depth exceeding 1 inch, with crib mattresses having a depth of 6 inches or less from edge to edge. Such mattresses are typically described as crib, toddler, or youth mattresses.
The scope includes all types of innerspring mattresses, non-innerspring mattresses, and hybrid mattresses.
Mattresses 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, boxspring, platform, or base).
*Only the mattress is covered when imported as part of furniture, with furniture mechanisms, or as part of a set.
Exclusions:
- Futon mattresses
- Airbeds (inflatable mattresses)
- Waterbeds
- Mattress toppers
- Products covered by AD case A-570-928 for uncovered innerspring units
The DOC final determination of injury to U.S. industry must be made by October 10, 2019, and if injury is found, the International Trade Commission (ITC) final determination by November 24, 2019, with an order issued by December 1, 2019, unless extended.
If you have any questions regarding antidumping duty on mattresses from China, Livingston can help! Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com