[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75391-75392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29484]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-552-803


Antidumping Duty Order: Uncovered Innerspring Units From the 
Socialist Republic of Vietnam

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce and the International Trade Commission, the Department of 
Commerce is issuing an antidumping duty order on uncovered innerspring 
units from the Socialist Republic of Vietnam.

EFFECTIVE DATE: December 11, 2008.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Robert Bolling, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0414 or (202) 482-3434, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 21, 2008, the Department of Commerce (the 
``Department'') published the final determination of sales at less than 
fair value of uncovered innerspring units from the Socialist Republic 
of Vietnam. See Uncovered Innerspring Units from the Socialist Republic 
of Vietnam: Notice of Final Determination of Sales at Less Than Fair 
Value, 73 FR 62479 (October 21, 2008). On December 4, 2008, the 
International Trade Commission (``ITC'') notified the Department of its 
final determination pursuant to section 735(d) of the Tariff Act of 
1930, as amended (the ``Act''), that an industry in the United States 
is materially injured within the meaning of section 735(b)(1)(A)(i) of 
the Act by reason of less-than-fair-value imports of uncovered 
innerspring units from the Socialist Republic of Vietnam. See Uncovered 
Innerspring Units from South Africa and Vietnam, USITC Pub. 4051, 
Investigation Nos. 731-TA-1141-1142 (Final) (November 2008).
    Pursuant to section 736(a) of the Act, the Department is publishing 
an antidumping duty order on the subject merchandise.

Scope of Order

    The merchandise covered by this 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 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 the order is dispositive.

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (``CBP'') to assess, 
upon further instruction by the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price (or the constructed export price) of the merchandise for 
all relevant entries of uncovered innerspring units from the Socialist 
Republic of Vietnam.

[[Page 75392]]

    These antidumping duties will be assessed on (1) all entries of 
uncovered innerspring units from the Socialist Republic of Vietnam 
entered, or withdrawn from the warehouse, for consumption on or after 
August 6, 2008, the date on which the Department published Uncovered 
Innerspring Units from the Socialist Republic of Vietnam: Notice of 
Preliminary Determination of Sales at Less Than Fair Value, 73 FR 45738 
(August 6, 2008) (Preliminary Determination), through December 5, 2008, 
the date on which the Department is required, pursuant to section 
733(d) of the Act, to terminate the suspension of liquidation, and (2) 
on all subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination in the Federal Register.
    The Department will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, un-
liquidated entries of uncovered innerspring units from the Socialist 
Republic of Vietnam entered, or withdrawn from the warehouse, for 
consumption subsequent to December 5, 2008, through the day preceding 
the publication of the ITC's notice of final determination in the 
Federal Register. See section 733(d) of the Act.
    Effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP officers must require, at 
the same time as importers would normally deposit estimated duties, 
cash deposits based on the rates listed below, in accordance with 
section 736(a)(3) of the Act.

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Vietnam-Wide Rate...................................              116.31
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
uncovered innerspring units from the Socialist Republic of Vietnam, 
pursuant to section 736(a) of the Act. Interested parties may contact 
the Department's Central Records Unit, Room 1117 of the main Commerce 
building, for copies of an updated list of antidumping duty orders 
currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: December 5, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29484 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-S