[Federal Register Volume 74, Number 32 (Thursday, February 19, 2009)]
[Notices]
[Pages 7661-7663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3652]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-928]


Uncovered Innerspring Units from the People's Republic of China: 
Notice of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
uncovered innerspring units (``innersprings'') from the People's 
Republic of China (``PRC''). On February 11, 2009, the ITC notified the 
Department of its affirmative determination of material injury to a 
U.S. industry. See Uncovered Innerspring Units from China 
(Investigation No. 731- TA-1140 (Final), USITC Publication 4061, 
February 2009).

EFFECTIVE DATE: February 19, 2009.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Paul Walker, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4031, or (202) 482-0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), on December 29, 2008, the Department 
published its final determination of sales at less than fair value in 
the antidumping investigation of innersprings from the PRC. See 
Uncovered Innerspring Units From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 73 FR 79443 (December 
29, 2008).

Scope of the Order

    The merchandise subject to 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

[[Page 7662]]

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, 
7326.20.0070, 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

    On February 11, 2009, in accordance with section 735(d) of the Act, 
the ITC notified the Department of its final determination, pursuant to 
section 735(b)(1)(A)(i) of the Act, that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC. Therefore, 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 
constructed export price) of the merchandise for all relevant entries 
of innersprings from the PRC. These antidumping duties will be assessed 
on all unliquidated entries of innersprings from the PRC entered, or 
withdrawn from the warehouse, for consumption on or after August 6, 
2008, the date on which the Department published its preliminary 
determination. See Uncovered Innerspring Units from the People's 
Republic of China: Preliminary Determination of Sales at Less Than Fair 
Value, 73 FR 45729 (August 6, 2008).
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of innersprings, we extended the four-month period to no 
more than six months. See Postponement of Final Determination of 
Antidumping Duty Investigation: Uncovered Innerspring Units from the 
People's Republic of China, 73 FR 50932 (August 29, 2008). In this 
investigation, the six-month period beginning on the date of the 
publication of the preliminary determination ended on February 2, 2009. 
Furthermore, section 737 of the Act states that definitive duties are 
to begin on the date of publication of the ITC's final injury 
determination. Therefore, in accordance with section 733(d) of the Act 
and our practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of innersprings from the PRC entered, or withdrawn 
from warehouse, for consumption on or after February 2, 2009, and 
before the date of publication of the ITC's final injury determination 
in the Federal Register. Suspension of liquidation will resume on or 
after the date of publication of the ITC's final injury determination 
in the Federal Register.
    Effective on the date of publication of the ITC's final affirmative 
injury determination in the Federal Register, CBP, pursuant to section 
735(c)(3) of the Act, will require, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
equal to the estimated weighted-average antidumping duty margins as 
listed below. The ``PRC-wide'' rate applies to all exporters of subject 
merchandise not specifically listed. The weighted-average dumping 
margins are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Weighted-
                     Exporter                                        Producer                     Average Margin
----------------------------------------------------------------------------------------------------------------
Anshan Yuhua Industrial Trade Co., Ltd...........       Anshan Yuhua Industrial Trade Co., Ltd.  164.75[percnt]
East Grace Corporation...........................          Wuxi Xihuisheng Commercial Co., Ltd.  164.75[percnt]
Foshan Jingxin Steel Wire & Spring Co., Ltd......  Foshan Jingxin Steel Wire & Spring Co., Ltd.  234.51[percnt]
Hebei Yililan Furniture Co., Ltd.................             Hebei Yililan Furniture Co., Ltd.  164.75[percnt]
Nanjing Meihua Import & Export Trade Co., Ltd....           Nanjing Dongdai Furniture Co., Ltd.  164.75[percnt]
Xilinmen Group Co., Ltd..........................                  Xilinmen Furniture Co., Ltd.  164.75[percnt]
Zhejiang Sanmen Herod Mattress Co., Ltd..........      Zhejiang Sanmen Herod Mattress Co., Ltd.  164.75[percnt]
Zibo Senbao Furniture Co., Ltd...................               Zibo Senbao Furniture Co., Ltd.  164.75[percnt]
PRC-wide (including High Hope Int'l Group Jiangsu  ............................................  234.51[percnt]
 Native Produce Imp. & Exp. Corp. Ltd. and
 Jiangsu Soho International Group Holding Co.,
 Ltd.)...........................................
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[[Page 7663]]

    This notice constitutes the antidumping duty order with respect to 
innersprings from the PRC 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 published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: February 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-3652 Filed 2-18-09; 8:45 am]
BILLING CODE 3510-DS-S