[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43096-43097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20625]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-890
Wooden Bedroom Furniture from the People's Republic of China:
Initiation of Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 26, 2009.
SUMMARY: The Department of Commerce (Department) has determined that
two timely requests for new shipper reviews of the antidumping duty
order on wooden bedroom furniture from the People's Republic of China
(PRC) meet the statutory and regulatory requirements for initiation.
For one of the two new shipper reviews that the Department is
initiating, the period of review (POR) is January 1, 2009, through June
30, 2009. For the other new shipper review where the shipment entered
after the period January 1, 2009, through June 30, 2009, the Department
is initiating and extending the POR by thirty days, pursuant to 19 CFR
351.214(f)(2)(ii). The POR for this new shipper review is January 1,
2009, through July 30, 2009.
FOR FURTHER INFORMATION CONTACT: Howard Smith or Drew Jackson, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5193 or (202) 482-4406, respectively.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on wooden bedroom
furniture from the PRC was published on January 4, 2005. See Notice of
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Wooden Bedroom Furniture from the People's
Republic of China, 70 FR 329 (January 4, 2005). On July 31, 2009,
pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214(c), the Department received
timely requests for new shipper reviews from Rise Furniture Co., Ltd.
(Rise Furniture), and Zhejiang Tianyi Scientific & Educational
Equipment Co., Ltd. (Zhejiang Tianyi). Rise Furniture and Zhejiang
Tianyi certified that they are each the producer and exporter of the
subject merchandise upon which their respective request for a new
shipper review was based.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Rise Furniture and Zhejiang Tianyi certified that
they did not export wooden bedroom furniture to the United States
during the period of investigation (POI). In addition, pursuant to
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Rise Furniture and Zhejiang Tianyi certified
that, since the initiation of the investigation, they have never been
affiliated with any PRC exporter or producer who exported wooden
bedroom furniture to the United States during the POI, including those
not individually examined during the investigation. As required by 19
CFR 351.214(b)(2)(iii)(B), Rise Furniture and Zhejiang Tianyi, also
certified that their export activities were not controlled by the
central government of the PRC.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Rise Furniture and Zhejiang Tianyi submitted
documentation establishing the following: (1) the date on which Rise
Furniture and Zhejiang Tianyi first shipped wooden bedroom furniture
for export to the United States and the date on which the wooden
bedroom furniture was first entered, or withdrawn from warehouse, for
consumption;\1\ (2) the volume of their first shipment;\2\ and (3) the
date of their first sale to an unaffiliated customer in the United
States.
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\1\ Rise Furniture reported that its shipment of subject
merchandise entered during the POR for this new shipper review
(i.e., prior to July 1, 2009); however, the results of the
Department's query of CBP data indicate that the shipment entered
shortly after the end of the POR. See Memorandum to the File through
Abdelali Elouaradia, Director, AD/CVD Operations, Office 4: New
Shipper Review of Wooden Bedroom Furniture, Placing CBP data on the
record, dated concurrently with this notice.
\2\ Rise Furniture and Zhejiang Tianyi made no subsequent
shipments to the United States.
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The Department conducted U.S. Customs and Border Protection (CBP)
database queries and confirmed that Rise Furniture's and Zhejiang
Tianyi's shipments of subject merchandise had entered the United States
for consumption and that liquidation of such entries had been properly
suspended for antidumping duties. The Department also confirmed by
examining the CBP data that Zhejiang Tianyi's entry was made during the
POR specified by the Department's regulations.
When the sale of the subject merchandise occurs within the POR
specified by the Department's regulations but the entry occurs after
the
[[Page 43097]]
POR, the specified POR may be extended unless it would be likely to
prevent the completion of the review within the time limits set by the
Department's regulations. See 19 CFR 351.214(f)(2)(ii). Additionally,
the preamble to the Department's regulations states that both the entry
and the sale should occur during the POR, and that under
``appropriate'' circumstances the Department has the flexibility to
extend the POR. See Antidumping Duties; Countervailing Duties; Final
Rule, 62 FR 27296, 27319-27320 (May 19, 1997). In this instance, Rise
Furniture's sale of subject merchandise was made during the POR
specified by the Department's regulations but the shipment entered
within thirty days after the end of that POR. The Department finds that
extending the POR to capture this entry would not prevent the
completion of the review within the time limits set by the Department's
regulations. Therefore, the Department has extended the POR for the new
shipper review of Rise Furniture by thirty days. See Memorandum to the
File through Abdelali Elouaradia, Director, AD/CVD Operations, Office
4: New Shipper Review of Wooden Bedroom Furniture, Placing CBP data on
the record, dated concurrently with this notice.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that Rise Furniture and Zhejiang
Tianyi meet the threshold requirements for initiation of new shipper
reviews of their shipments of wooden bedroom furniture from the PRC.
See Memorandum to the File through Abdelali Elouaradia, Director, AD/
CVD Operations, Office 4: Initiation of AD New Shipper Review: Wooden
Bedroom from the People's Republic of China, and the attached New
Shipper Initiation Checklists, dated concurrently with this notice.
The POR for the new shipper review of Zhejiang Tianyi is January 1,
2009, through June 30, 2009. See 19 CFR 351.214(g)(1)(i)(B). As
discussed above, the POR for the new shipper review of Rise Furniture
is January 1, 2009, through July 30, 2009. The Department intends to
issue the preliminary results of these reviews no later than 180 days
from the date of initiation, and the final results of these reviews no
later than 270 days from the date of initiation. See section
751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide evidence of de jure and de facto absence of government
control over the company's export activities. Accordingly, we will
issue questionnaires to Rise Furniture and Zhejiang Tianyi, which will
include a separate rate section. The review of each exporter will
proceed if the response provides sufficient indication that the
exporter is not subject to either de jure or de facto government
control with respect to its export of wooden bedroom furniture.
We will instruct the CBP to allow, at the option of the importer,
the posting, until the completion of the review, of a bond or security
in lieu of a cash deposit for each entry of the subject merchandise
from Rise Furniture and Zhejiang Tianyi in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Rise
Furniture and Zhejiang Tianyi certified that they both produce and
export the subject merchandise, the sale of which is the basis for
these new shipper review requests, we will apply the bonding privilege
to each respondent only for subject merchandise which the respondent
both produced and exported.
Interested parties requiring access to proprietary information in
these new shipper reviews should submit applications for disclosure
under administrative protective order in accordance with 19 CFR 351.305
and 351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: August 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-20625 Filed 8-25-09; 8:45 am]
BILLING CODE 3510-DS-S