MESSAGE NO: 8227202 DATE: 08 14 2008
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 791 - 821 - -
- - - -
- - - -

PERIOD COVERED: 08 06 2008 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING
DUTY INVESTIGATION OF UNCOVERED INNERSPRING UNITS FROM
SOUTH AFRICA (A-791-821-000/001)

1. ON 08/06/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF
SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY
INVESTIGATION OF UNCOVERED INNERSPRING UNITS FROM SOUTH AFRICA.

2. THE MERCHANDISE COVERED BY THIS INVESTIGATION IS UNCOVERED
INNERSPRING UNITS COMPOSED OF A SERIES OF INDIVIDUAL METAL
SPRINGS JOINED TOGETHER IN SIZES CORRESPONDING TO THE SIZES OF
ADULT MATTRESSES (E.G., TWIN, TWIN LONG, FULL, FULL LONG,
QUEEN, CALIFORNIA KING, AND KING) AND UNITS USED IN SMALLER
CONSTRUCTIONS, SUCH AS CRIB AND YOUTH MATTRESSES. ALL
UNCOVERED INNERSPRING UNITS ARE INCLUDED IN THIS SCOPE
REGARDLESS OF WIDTH AND LENGTH. INCLUDED WITHIN THIS
DEFINITION ARE INNERSPRINGS TYPICALLY RANGING FROM 30.5 INCHES
TO 76 INCHES IN WIDTH AND 68 INCHES TO 84 INCHES IN LENGTH.
INNERSPRINGS FOR CRIB MATTRESSES TYPICALLY RANGE FROM 25 INCHES
TO 27 INCHES IN WIDTH AND 50 INCHES TO 52 INCHES IN LENGTH.

UNCOVERED INNERSPRING UNITS ARE SUITABLE FOR USE AS THE
INNERSPRING COMPONENT IN THE MANUFACTURE OF INNERSPRING
MATTRESSES, INCLUDING MATTRESSES THAT INCORPORATE A FOAM
ENCASEMENT AROUND THE INNERSPRING.

POCKETED AND NON-POCKETED INNERSPRING UNITS ARE INCLUDED IN THIS
DEFINITION. NON-POCKETED INNERSPRINGS ARE TYPICALLY JOINED
TOGETHER WITH HELICAL WIRE AND BORDER RODS. NON-POCKETED
INNERSPRINGS ARE INCLUDED IN THIS DEFINITION REGARDLESS OF
WHETHER THEY HAVE BORDER RODS ATTACHED TO THE PERIMETER OF THE
INNERSPRING. POCKETED INNERSPRINGS ARE INDIVIDUAL COILS COVERED
BY A "POCKET" OR "SOCK" OF A NONWOVEN SYNTHETIC MATERIAL OR WOVEN
MATERIAL AND THEN GLUED TOGETHER IN A LINEAR FASHION.

UNCOVERED INNERSPRINGS ARE CLASSIFIED UNDER SUBHEADING
9404.29.9010 AND HAVE ALSO BEEN CLASSIFIED UNDER SUBHEADINGS
9404.10.0000, 7326.20.00.70, 7320.20.5010, OR 7320.90.5010 OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). THE
HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES ONLY; THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS
INVESTIGATION IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-791-821.

4. FOR IMPORTS OF UNCOVERED INNERSPRING UNITS FROM SOUTH
AFRICA, U.S. CUSTOMS AND BORDER PROTECTION (CBP) SHALL SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 08/06/2008. EFFECTIVE
08/06/2008 CBP SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A
BOND EQUAL TO THE PERCENTAGE MARGINS SHOWN BELOW FOR ENTRIES OF
THE MANUFACTURERS LISTED BELOW:

MANUFACTURER CUSTOMS ID PERCENTAGE
MARGIN

BEDDING COMPONENT MANUFACTURERS A-791-821-001 121.39
(PTY) LTD.
ALL OTHERS A-791-821-000 121.39


5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM
OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS
APPLY:

A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE
ITS OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH
DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER'S RATE.

B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY
HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE 'ALL
OTHER' RATE OF 121.39 PERCENT TO ESTABLISH THE CASH DEPOSIT OR
BONDING RATE.

6. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP,
CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION
AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING
OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR
THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION

TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING
DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE
INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH
RESPECT TO THESE BONDING REQUIREMENTS.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5: DV).

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

DAVID M. GENOVESE