Trade Law Daily is a Warren News publication.

Commerce Asks for Voluntary Remand in Mattresses From Indonesia Investigation

The Commerce Department has asked for another remand of the results of its antidumping duty investigation on mattresses from Indonesia, DOJ said in its Sept. 27 reply comments at the Court of International Trade. After reviewing comments by AD petitioner Brooklyn Bedding, DOJ said that it became clear to Commerce that the record was missing information regarding the "nature and full extent of Zinus Korea’s involvement in the sale of Zinus Indonesia’s mattresses" (PT. Zinus Global Indonesia v. U.S., CIT Consol. # 21-00277).

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

There is conflicting evidence with no current way for Commerce to discern what activities took place or to derive expense amounts "other than an arbitrary assignment as to what portion of Zinus Korea’s selling expenses should or could be attributable to Zinus Indonesia sales," DOJ said. Commerce acknowledged that there may be additional selling expenses for Zinus Korea that haven't been accounted for in the current dumping calculations.

The rest of DOJ's comments echoed those made last week by Brooklyn Bedding, specifically that mattresses in transit were correctly considered as inventory available for sale by Commerce. Commerce also correctly rejected the use of affiliated non-market economy costs when applying the transactions disregarded rule, DOJ said.