[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49219-49221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au08-84]
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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