MESSAGE NO: 8319201 DATE: 11/14/2008

CATEGORY: ADA TYPE: FIN

REFERENCE: REFERENCE DATE:

CASES: A-552-803

PERIOD COVERED: 10/21/2008

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