Mattresses: Commerce Issues AD Duty Final Determinations for 4 Countries

Commerce also issued its negative final determination in its concurrent countervailing duty investigation on mattresses from Indonesia (C-560-839), finding no countervailable subsidization of exporters from the country. Commerce also found no countervailable subsidization in its preliminary determination, so liquidation was never suspended under the CVD investigation on mattresses from Indonesia, and CVD cash deposits weren't collected. The agency won't issue a CVD order on mattresses from Indonesia. An AD order on Indonesia has been in place since 2021 (see 2105130026).

The next step is for the International Trade Commission to make its final injury determinations, currently scheduled for Aug. 29, according to an ITC fact sheet. If the ITC finds injury, Commerce will issue AD orders and duties will be made permanent. If the ITC finds no injury, the investigations will be terminated and all cash deposits will be refunded.

Commerce recently issued AD orders concluding its concurrent AD investigations on mattresses from Bosnia and Herzegovina, Bulgaria, Italy, Myanmar, the Philippines, Poland, Slovenia and Taiwan (see 2407160012).

Scope Exemptions Added for Hospital and Patient Care Mattresses

As it did in its final determinations in its AD investigations on mattresses from Bosnia and Herzegovina, Bulgaria, Italy, Myanmar, the Philippines, Poland, Slovenia and Taiwan, Commerce added exclusions from the scope of its AD investigations on India, Kosovo, Mexico and Spain for mattresses for "hospital and patient care setting surfaces." Baxter International asked for the new exemptions, and the petitioners that originally requested the investigations agreed with the request. 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)."

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation for AD duty purposes and collect cash deposits for subject merchandise entered on or after the dates listed below, and set cash deposit rates as follows, beginning July 22:

India

Kosovo

Mexico

Spain

(The period of investigation is 07/01/22 through 06/30/23. See Commerce's notice for more information, including the scope (unchanged), suspension of liquidation, detailed cash deposit instructions, etc. See 2403010055 for a summary of the preliminary determinations of these investigation.)