MESSAGE NO: 8318206
DATE: 11 13 2008
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 791 - 821
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
10 21 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF UNCOVERED INNERSPRING UNITS FROM SOUTH
AFRICA (A-791-821)
1.
ON 10/21/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS FINAL 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,
CUSTOMS AND BORDER PROTECTION SHALL CONTINUE TO SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 10/21/2008.
EFFECTIVE
10/21/2008 CBP SHALL REQUIRE FOR ENTRIES A CASH DEPOSIT OR
THE POSTING OF A BOND EQUAL TO THE PERCENTAGE MARGINS SHOWN
BELOW:
PRODUCER:
BEDDING COMPONENT MANUFACTURERS (PTY) LTD.
CASE NUMBER:
A-791-821-001
CASH DEPOSIT RATE:
121.39
PRODUCER:
ALL-OTHERS
CASE NUMBER:
A-791-821-000
CASH DEPOSIT RATE:
121.39
5.
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