AD/CVD message 8242303 - Notice of preliminary determination of circumvention of antidumping duty order on uncovered innerspring units from China (A-570-928) (A-566-002)

8242303
Aug 30, 2018
Active

Effective Date: Nov 22, 2016

Cite as: 83 FR 42254 • Cite date: Aug 21, 2018

Category: Antidumping • Type: Preliminary Determination • Sub type: AFF-Affirmative • Cases: A-566-002 A-570-928

1. On 08/21/2018, Commerce published in the Federal Register its notice of affirmative preliminary determination of circumvention of the antidumping duty (AD) order on uncovered innerspring units (innersprings) from the People's Republic of China (China) (83 FR 42254) (Preliminary Determination).

2. Scope of the antidumping duty order:

The merchandise subject to the 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 the 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, 7326.20.0070, 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.

3. Scope of the anti-circumvention inquiry:

The products covered by this inquiry are innersprings, as described above, that are manufactured in Macau by the Macao Commercial Group with Chinese-origin components and/or materials, and that are subsequently exported from Macau to the United States.

4. Commerce has preliminarily determined that all uncovered innerspring units produced in and/or exported from Macau by the Macao Commercial Group that entered, or were withdrawn from warehouse, for consumption, on or after 11/22/2016, are subject to the antidumping duty order on uncovered innerspring units from China.

5. Case number A-566-002-001 has been created to accommodate entries of merchandise described in paragraph 4 above. Accordingly, U.S. Customs and Border Protection (CBP) shall suspend liquidation and require a cash deposit rate equal to 234.51% of the entered value on all imports of uncovered innerspring units produced in and/or exported from Macau by the Macao Commercial Group (A-566-002-001), and entered, or withdrawn from warehouse, for consumption, on or after 11/22/2016, unless the Macao Commercial Group can demonstrate to CBP that the innersprings assembled or completed by the Macao Commercial Group were supplied by a Chinese manufacturer with its own rate under the AD order on uncovered innersprings units from China. In that instance, importers, producers and exporters may request establishment of a third-country case number (specific to the Chinese supplier) for such imports where the requestor is either the importer, producer or exporter. The cash deposit rate associated with the company-specific third country case number will be the rate of the Chinese innersprings supplier that has its own rate. Such requests from an importer, producer or exporter should be filed on the record of the proceeding in E&C's electronic record system ACCESS. CBP may also request establishment of a third-country case number. Requests for establishment of company-specific third-country case numbers from CBP should be submitted through the ACE AD/CVD Portal Inquiry System.

6. Entries of uncovered innerspring units that were produced in and/or exported from Macau by the Macao Commercial Group (A-566-002-001), that entered, or were withdrawn from warehouse, for consumption, on or after 11/22/2016, and which are set for liquidation must be unset immediately.

7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OV:MR.)

8. There are no restrictions on the release of this information.

Alexander Amdur