FINAL AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON UNCOVERED INNERSPRING UNITS FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-928 and A-557-990)

1. ON 01/21/2014, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS NOTICE OF AN AFFIRMATIVE FINAL DETERMINATION OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON UNCOVERED INNERSPRING UNITS FROM THE PEOPLE'S REPUBLIC OF CHINA (“PRC”) (79 FR 3345). 2. SCOPE OF THE ANTIDUMPING DUTY ORDER THE MERCHANDISE SUBJECT TO THE ORDER 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 THE 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, 9404.29.9005, 9404.29.9011, 7326.20.0070, 7320.20.5010, 7320.90.5010, or 7326.20.0071 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 THE ORDER IS DISPOSITIVE. 3. SCOPE OF THE ANTICIRCUMVENTION INQUIRY THE PRODUCTS COVERED BY THIS INQUIRY ARE INNERSPRING UNITS, AS DESCRIBED IN PARAGRAPH 2 ABOVE, THAT ARE MANUFACTURED IN MALAYSIA BY REZTEC INDUSTRIES SDN BHD (A-557-990-001) WITH PRC-ORIGIN COMPONENTS AND OTHER DIRECT MATERIALS, SUCH AS HELICAL WIRES, AND THAT ARE SUBSEQUENTLY EXPORTED FROM MALAYSIA TO THE UNITED STATES. 4. THE DEPARTMENT HAS DETERMINED THAT ALL ENTRIES OF UNCOVERED INNERSPRING UNITS PRODUCED IN AND/OR EXPORTED FROM MALAYSIA BY REZTEC INDUSTRIES SDN BHD (A-557-990-001) THAT ENTERED, OR WERE WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 23, 2012 ARE PRODUCED FROM PRC-ORIGIN INNERSPRING COMPONENTS AND, THUS, ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON UNCOVERED INNERSPRING UNITS FROM THE PRC. 5. FOR IMPORTS OF UNCOVERED INNERSPRING UNITS THAT MEET THE DESCRIPTION OF THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER AS DESCRIBED ABOVE THAT WERE PRODUCED IN AND/OR EXPORTED FROM MALAYSIA BY REZTEC INDUSTRIES SDN BHD (A-557-990-001), AND THAT ENTERED, OR WERE WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 23, 2012, THE DATE OF THE INITIATION OF THE ANTICIRCUMVENTION INQUIRY, CBP SHALL CONTINUE TO SUSPEND LIQUIDATION OF SUCH SHIPMENTS. IN ADDITION, CBP SHALL CONTINUE TO REQUIRE FOR SUCH ENTRIES EXPORTED FROM MALAYSIA BY REZTEC INDUSTRIES SDN BHD A CASH DEPOSIT RATE EQUAL TO THE RATE OF 234.51%. FOR ALL OTHER EXPORTS OF SUBJECT MERCHANDISE, CBP SHALL CONTINUE TO SUSPEND AT THE CASH DEPOSIT RATE APPLICABLE TO THE EXPORTER AT THE TIME OF ENTRY. 6. ENTRIES OF UNCOVERED INNERSPRING UNITS THAT MEET THE DESCRIPTION OF THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER AS DESCRIBED ABOVE THAT WERE PRODUCED IN AND/OR EXPORTED FROM MALAYSIA BY REZTEC INDUSTRIES SDN BHD (A-557-990-001), AND THAT ENTERED, OR WERE WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 23, 2012, WHICH ARE SET FOR LIQUIDATION NEED TO BE UNSET IMMEDIATELY. 7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT THE CALL CENTER FOR THE OFFICE OF AD/CVD OPERATIONS, ENFORCEMENT AND COMPLIANCE, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984. CBP PORTS SHOULD SUBMIT THEIR INQUIRIES THROUGH AUTHORIZED CBP CHANNELS ONLY. (GENERATED BY OV: SDH). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. MICHAEL B. WALSH