Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 8319201
DATE: 11 14 2008
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 552 - 803
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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 INNERSPRINGS UNITS FROM
SOCIALIST REPUBLIC OF VIETNAM (A-552-803)
1. ON OCTOBER 21, 2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER (73 FR 62479) ITS FINAL DETERMINATION OF
SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY
INVESTIGATION OF UNCOVERED INNERSPRINGS UNITS FROM THE SOCIALIST
REPUBLIC OF VIETNAM.
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.
EXCLUDED FROM THE SCOPE ARE INDIVIDUAL SPRINGS AND INDIVIDUALLY
WRAPPED POCKET COILS FOR UPHOLSTERY SEATING.
FOOTNOTE:
/1/
THIS SENTENCE MODIFIES THE SCOPE LANGUAGE AS A RESULT OF
THE SCOPE-CLARIFICATION REQUEST WE RECEIVED FROM CAYE HOME
FURNISHINGS LLC, A U.S. MANUFACTURER OF LIVING ROOM FURNITURE.
SEE MEMORANDUM TO LAURIE PARKHILL, OFFICE DIRECTOR, AD/CVD
ENFORCEMENT 5, ENTITLED ANTIDUMPING DUTY INVESTIGATIONS ON
UNCOVERED INNERSPRING UNITS FROM THE PEOPLES REPUBLIC OF CHINA,
SOUTH AFRICA, AND THE SOCIALIST REPUBLIC OF VIETNAM:
REQUEST
FOR SCOPE CLARIFICATION, SEPTEMBER 25, 2008.
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
PROCEEDING IS DISPOSITIVE.
3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-552-803.
4. FOR IMPORTS OF UNCOVERED INNERSPRINGS UNITS FROM THE
SOCIALIST REPUBLIC OF VIETNAM, 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.
5. EFFECTIVE 10/21/2008 CBP SHALL REQUIRE, FOR ENTRIES OF
UNCOVERED INNERSPRINGS UNITS FROM THE EXPORTER/PRODUCER
COMBINATIONS LISTED BELOW, A CASH DEPOSIT OR THE POSTING OF A
BOND EQUAL TO THE ANTIDUMPING DUTY RATES SHOWN BELOW:
EXPORTER: VIETNAM-WIDE ENTITY
PRODUCER: VIETNAM-WIDE ENTITY
CASE NUMBER A-552-803-000
CASH DEPOSIT RATE: 116.31 PERCENT AD VALOREM
6. FOR ALL OTHER ENTRIES OF UNCOVERED INNERSPRINGS UNITS, THE
FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY:
A. FOR ALL VIETNAMESE EXPORTERS OF UNCOVERED INNERSPRINGS UNITS
WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR
BONDING RATE WILL BE THE PRC-WIDE RATE.
B. FOR ALL NON-VIETNAMESE EXPORTERS OF UNCOVERED
INNERSPRINGS UNITS WHICH HAVE
NOT RECEIVED THEIR OWN RATE, THE
CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO THE
PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED THAT NON-PRC
EXPORTER.
7. 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.
8. 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 O8:RB).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE