[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10214-10216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4709]
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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: March 5, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that three 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. The period of review (``POR'') for the three new shipper
reviews is January 1, 2009, through December 31, 2009.
FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen, Rebecca Pandolph, or
David Edmiston, AD/CVD Operations, Office 4, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, DC 20230, telephone:
(202) 482-2769, (202) 482-3627, or (202) 482-0989 respectively.
SUPPLEMENTARY INFORMATION:
Background
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 January 21, and 29, 2010, 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 Dongguan Huansheng Furniture Co.,
Ltd. (``Dongguan Huansheng''); Hangzhou Cadman Trading Co., Ltd.
(``Cadman''); and Wanvog Furniture (Kunshan) Co., Ltd. (``Wanvog'').
[[Page 10215]]
Dongguan Huansheng and Wanvog certified that they are each the exporter
and producer of, and Cadman certified that it is the 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) and (b)(2)(ii)(A), Dongguan Huansheng, Cadman, and
Wanvog certified that they did not export wooden bedroom furniture to
the United States during the period of investigation (``POI'').
Further, pursuant to 19 CFR 351.214(b)(2)(ii)(B), Haining Changbei
Furniture Co., Ltd. (``Haining Changbei''), the producer of subject
merchandise exported by Cadman, certified that it did not export
subject merchandise to the United States during the POI. In addition,
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Dongguan Huansheng, Cadman, and Wanvog 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), Dongguan Huansheng, Cadman, and Wanvog, 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), Dongguan Huansheng, Cadman, and Wanvog submitted
documentation establishing the following: (1) the date on which
Dongguan Huansheng, Cadman, and Wanvog 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; (2) the volume of their first shipment;\1\
and (3) the date of their first sale to an unaffiliated customer in the
United States.
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\1\ Dongguan Huansheng, Cadman, and Wanvog 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 shipments of subject
merchandise from Dongguan Huansheng, Cadman, and Wanvog 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 CBP data that Dongguan Huansheng, Cadman, and
Wanvogs' entries were made during the POR as specified by the
Department's regulations. See 19 CFR 351.214(g)(1)(i)(B). After
examining CBP data, the Department requested additional information
from Wanvog. See letter to Wanvog regarding, ``Request for New Shipper
Review of Wooden Bedroom Furniture from the People's Republic of
China,'' dated February 18, 2010. On February 25, 2010, Wanvog
submitted its response to the Department's request for additional
information. See Wanvog's letter regarding, ``New Shipper Review
Request on Behalf of Wanvog Furniture (Kunshan) Co., Ltd.: Response to
Supplemental Information Requests,'' dated February 25, 2010. For a
detailed discussion regarding Wanvog's CBP data, see Memorandum to the
File through Abdelali Elouaradia, Director, AD/CVD Operations, Office
4: Initiation of AD New Shipper Review of Wanvog Furniture (Kunshan)
Co., Ltd.: Wooden Bedroom from the People's Republic of China (``Wanvog
Checklist''), dated concurrently with this notice.
Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish
the notice of initiation of a new shipper review no later than the last
day of the month following the anniversary month of the order. As
explained in the memorandum from the Deputy Assistant Secretary for
Import Administration, the Department has exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, the
deadline for publishing this notice of initiation has been extended by
seven days. The revised deadline for publishing this notice is March 8,
2010, which is the first business day after the extended deadline. See
Memorandum to the Record from Ronald Lorentzen, DAS for Import
Administration, regarding ``Tolling of Administrative Deadlines As a
Result of the Government Closure During the Recent Snowstorm,'' dated
February 12, 2010.
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 Dongguan Huansheng, Cadman,
and Wanvog 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 of
Dongguan Huansheng Furniture Co., Ltd.: Wooden Bedroom from the
People's Republic of China, dated concurrently with this notice;
Memorandum to the File through Abdelali Elouaradia, Director, AD/CVD
Operations, Office 4: Initiation of AD New Shipper Review of Hangzhou
Cadman Trading Co., Ltd.: Wooden Bedroom from the People's Republic of
China, dated concurrently with this notice; and Wanvog Checklist.
The POR for the new shipper reviews of Dongguan Huansheng, Cadman,
and Wanvog is January 1, 2009, through December 31, 2009. See 19 CFR
351.214(g)(1)(i)(B). 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 Dongguan Huansheng, Cadman, and Wanvog, 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 exports of wooden bedroom furniture.
We will instruct 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 certain entries of the subject merchandise
from Dongguan Huansheng, Cadman, and Wanvog in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Dongguan
Huansheng, and Wanvog certified that they both produce and export the
subject merchandise, the sales of which form the basis for their new
shipper review requests, we will instruct CBP to permit the use of a
bond only for entries of subject merchandise which the respondent both
produced and exported. Because Cadman certified that it exported
subject merchandise produced by Haining Changbei, the sales of which
form the basis for Cadman's request for a new shipper review, we will
instruct CBP to permit the use of a bond only for entries of the
subject merchandise produced by Haining Changbei and exported by Cadman
in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e).
Interested parties requiring access to proprietary information in
these new
[[Page 10216]]
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: March 1, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-4709 Filed 3-4-10; 8:45 am]
BILLING CODE 3510-DS-S