DOJ Withdraws Brief on COVID-19 Considerations in AD/CVD Cases on Mattresses
The Department of Justice pulled back from a brief foray into ongoing antidumping and countervailing duty cases on mattresses April 30, withdrawing its recent “statement of interest” that urged the International Trade Commission to consider the effects of the COVID-19 pandemic as it approaches its preliminary injury determination in the proceedings.
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DOJ’s April 30 filing provides little detail as to why it is withdrawing the statement of interest. It only says DOJ “hereby withdraws that Statement of Interest as not yet ripe.” DOJ declined to comment.
The statement of interest, filed April 22, had argued that any new AD/CV duties could increase the price of mattresses, making it harder for hospitals to increase the number of beds they have available for patients with COVID-19 (see 2004280048). The ITC is currently scheduled to make its preliminary injury determination May 15, and a finding of no injury would result in the immediate termination of the cases, which involve mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey and Vietnam.
The domestic mattress manufacturers that requested the AD/CVD cases issued a press release applauding DOJ’s withdrawal of the brief. “The statement of interest was not based on facts or any established process for gathering those facts,” said Yohai Baisburd of Cassidy Levy, who represents the mattress producers in the case. “We were confident, however, that once DOJ became aware of the substantial unutilized capacity of the domestic industry to produce mattresses and the thousands of mattresses the industry continues to provide to hospitals and nursing homes across the country during the COVID-19 pandemic, the statement of interest would either be modified or withdrawn. We are grateful that DOJ leadership chose to quickly research the facts and withdraw the statement.”
EmailITTNews@warren-news.com for a copy of the withdrawal notice.