Mattresses: Commerce Issues AD Duty Final Determinations for 8 Countries

The next step is for the International Trade Commission to make its final injury determinations, currently scheduled for June 24, according to a Commerce fact sheet. If the ITC finds injury, Commerce will issue AD orders and duties will be made permanent. If the ITC finds no injury for any of these countries, the relevant investigation will be terminated and all cash deposits refunded.

Commerce is also conducting ongoing AD investigations on India, Kosovo, Mexico and Spain (see 2403010055, as well as a CVD investigation on Indonesia (see 2312270065).

Scope Exemptions Added for Hospital and Patient Care Mattresses

In its final determination, Commerce is adding exclusions from the scope of all of its ongoing AD/CVD investigations on mattresses for "hospital and patient care setting surfaces." Baxter International, which had originally requested the AD/CVD investigations, asked for the new exemptions. New language is added to the scope as follows:

"Also excluded from the scope are the following hospital and patient care setting surfaces. Products that fall within the below categories and meet all the exclusion factors in the respective category qualify for such exclusion, regardless of whether they may be referenced as a mattress.

"Air Surfaces with all of the following characteristics: with the foot end comprised of either die-cut construction foam or air bladders to allow extension and retraction of the surface; enclosed in a fluid-resistant polyurethane-coated ticking with a zipper; with welded seams on the ticking, which are two or more layers of coated material thermally fused together with a permanent bond; with the core including air bladders, with or without foam inside; with a unique device identifier label for medical devices issued by an FDA-accredited agency and listed in the FDA-administered Global Unique Device Identification Database.

"Stretcher Surfaces with all of the following characteristics: with a nominal thickness of 5 inches or less; with the foam core width tapered at one end; enclosed in a fluid-resistant polyurethane-coated ticking with a zipper; with welded seams on the ticking, which are two or more layers of coated material thermally fused together with a permanent bond; with the exterior of the ticking containing a welded flap to cover the ticking zipper; with loop velcro attached to the ticking to allow for the stretcher surface to be firmly affixed to the stretcher; with a unique device identifier label for medical devices issued by an FDA-accredited agency and listed in the FDA-administered Global Unique Device Identification Database.

"Birthing Bed Surfaces with all of the following characteristics: with a nominal thickness of 5 inches or less; with a foam core in two pieces that have either a V-shaped cutout or U-Shaped cutout; enclosed in a fluid-resistant polyurethane-coated ticking with a zipper; with welded seams on the ticking, which are two or more layers of coated material thermally fused together with a permanent bond; with attachment fasteners extending from the bottom of the surface comprised of snaps or plastic hook(s); with a unique device identifier label for medical devices issued by an FDA-accredited agency and listed in the FDA-administered Global Unique Device Identification Database.

"Foam Surfaces with all the following characteristics: with a nominal thickness of 6.5 inches or less; with a foam core that has articulation lines cut into the foam and/or die-cut construction in a portion of the foam to allow movement of the surface; enclosed in a fluid-resistant polyurethane-coated ticking with a zipper; with the ticking made of material meeting ASTM F1671B-07 requirements for porosity and ISO 10993 requirements for biocompatibility; with welded seams on the ticking, which are two or more layers of coated material thermally fused together with a permanent bond; with brackets or attachment knobs embedded in the surface core to allow the surface to be firmly affixed to the hospital bed frame; with a unique device identifier label for medical devices issued by an FDA-accredited agency and listed in the FDA-administered Global Unique Device Identification Database, where the label includes the manufacturer’s name and address as well as the product’s name, date of manufacture, serial number, and Global Trade Identification Number (GTIN)."

Cash Deposits Still Retroactive 90 Days for 5 Countries

Commerce continued to find that all exporters of mattresses from Bosnia, Myanmar, Italy and the Philippines, as well as some exporters from Taiwan, increased their exports to the U.S. in the months before the preliminary determination. As a result of this “critical circumstances” finding, Commerce will continue to retroactively suspend liquidation and require AD duty cash deposits for subject merchandise from all companies from these five countries back to Dec. 2, 2023.

Commerce didn't find critical circumstances for Bulgaria, Poland and Slovenia, so suspension of liquidation for companies from these three countries will take effect March 1.

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation for AD purposes and require cash deposits as of the dates listed below for all entries of subject merchandise. New cash deposit rates take may effect May 15, as follows:

Bosnia and Herzegovina

Bulgaria

Myanmar

Italy

Poland

Slovenia

Taiwan

The Philippines

(The period of investigation is 07/01/22 - 06/30/23. See Commerce’s notice for more information, including the scope of the investigation (unchanged), detailed instructions on cash deposit rates, etc. See 2403010055 for a summary of the preliminary determinations of these investigations, and 2403250047 for the amended preliminary determination on Taiwan.)