[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Pages 49219-49221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19227]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1140-1142 (Final)]


Uncovered Innerspring Units From China, South Africa, and Vietnam

AGENCY: United States International Trade Commission.

[[Page 49220]]


ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation Nos. 731-TA-1140-1142 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) 
(the Act) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from China, South 
Africa, and Vietnam of uncovered innerspring units, provided for in 
subheading 9404.10.00 of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``* * * 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 
(HTS). The HTS subheadings are provided for convenience and customs 
purposes only; the written description of the scope of these 
investigations is dispositive.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective Date: July 30, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Merrill (202-205-3188), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that imports of uncovered innerspring units from 
China, South Africa and Vietnam are being sold in the United States at 
less than fair value within the meaning of section 733 of the Act (19 
U.S.C. 1673b). The investigations were requested in a petition filed on 
December 31, 2007, by Leggett & Platt, Inc., Carthage, MO.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on October 
8, 2008, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on October 
22, 2008, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before October 16, 2008. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on October 20, 2008, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is October 15, 2008. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is October 29, 2008; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before October 29, 2008. On November 7, 2008, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before November 10,

[[Page 49221]]

2008, but such final comments must not contain new factual information 
and must otherwise comply with section 207.30 of the Commission's 
rules. All written submissions must conform with the provisions of 
section 201.8 of the Commission's rules; any submissions that contain 
BPI must also conform with the requirements of sections 201.6, 207.3, 
and 207.7 of the Commission's rules. The Commission's rules do not 
authorize filing of submissions with the Secretary by facsimile or 
electronic means, except to the extent permitted by section 201.8 of 
the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). 
Even where electronic filing of a document is permitted, certain 
documents must also be filed in paper form, as specified in II (C) of 
the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 
68173 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 15, 2008.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E8-19227 Filed 8-19-08; 8:45 am]
BILLING CODE 7020-02-P