[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9747-9749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3908]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Final Results of Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 22, 2011.
SUMMARY: On November 26, 2010, the Department of Commerce
(``Department'') published the preliminary results of the new shipper
reviews of the antidumping duty order on wooden bedroom furniture
(``WBF'') from the People's Republic of China (``PRC'') covering sales
of subject merchandise made by Dongguan Huansheng Furniture Co., Ltd.
(``Huansheng''); Hangzhou Cadman Trading Co., Ltd. (``Cadman''); and
Wanvog Furniture (Kunshan) Co., Ltd. (``Wanvog'').\1\ In accordance
with 19 CFR 351.309(c)(ii), we gave interested parties an opportunity
to comment on the Preliminary Results. Based on our analysis of the
comments received, the Department has made changes to the Preliminary
Results. The final dumping margins are listed below in the section
entitled ``Final Results of the New Shipper Reviews.''
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\1\ See Wooden Bedroom Furniture From the People's Republic of
China: Preliminary Results of Antidumping Duty New Shipper Reviews,
75 FR 72794 (November 26, 2010) (``Preliminary Results'').
FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Jeffrey Pedersen,
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-
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3627 and (202) 482-2769, respectively.
SUPPLEMENTARY INFORMATION: We published the Preliminary Results for
these new shipper reviews on November 26, 2010. In the Preliminary
Results, the Department stated that interested parties were to submit
case briefs within 30 days of publication of the Preliminary Results
and rebuttal briefs within five days after the due date for filing case
briefs.\2\ On December 9, 2010, the Department extended the deadlines
for the case briefs and rebuttal briefs until January 3, 2011 and
January 10, 2011, respectively.\3\ On January 3, 2011, the Department
received case briefs from Huansheng and Wanvog. On January 10, 2011,
the Department received a letter in lieu of a rebuttal brief from
Cadman.
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\2\ See Preliminary Results, 75 FR at 72800.
\3\ See Memorandum to All Interested Parties regarding,
``Antidumping Duty Administrative Review of Wooden Bedroom Furniture
from the People's Republic of China,'' dated December 9, 2010.
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Period of Review
The period of review (``POR'') is January 1, 2009, through December
31, 2009.
Scope of the Order
The product covered by the order is WBF. WBF is generally, but not
exclusively, designed, manufactured, and offered for sale in
coordinated groups, or bedrooms, in which all of the individual pieces
are of approximately the same style and approximately the same material
and/or finish. The subject merchandise is made substantially of wood
products, including both solid wood and also engineered wood products
made from wood particles, fibers, or other wooden materials such as
plywood, strand board, particle board, and fiberboard, with or without
wood veneers, wood overlays, or laminates, with or without non-wood
components or trim such as metal, marble, leather, glass, plastic, or
other resins, and whether or not assembled, completed, or finished.
The subject merchandise includes the following items: (1) Wooden
beds such as loft beds, bunk beds, and other beds; (2) wooden
headboards for beds (whether stand-alone or attached to side rails),
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night stands, dressers, commodes,
bureaus, mule chests, gentlemen's chests, bachelor's chests, lingerie
chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type
cabinets; (4) dressers with framed glass mirrors that are attached to,
incorporated in, sit on, or hang over the dresser; (5) chests-on-
chests,\4\ highboys,\5\ lowboys,\6\ chests of drawers,\7\ chests,\8\
door chests,\9\ chiffoniers,\10\ hutches,\11\ and armoires;\12\ (6)
desks, computer stands, filing cabinets, bookcases, or writing tables
that are attached to or incorporated in the subject merchandise; and
(7) other bedroom furniture consistent with the above list.
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\4\ A chest-on-chest is typically a tall chest-of-drawers in two
or more sections (or appearing to be in two or more sections), with
one or two sections mounted (or appearing to be mounted) on a
slightly larger chest; also known as a tallboy.
\5\ A highboy is typically a tall chest of drawers usually
composed of a base and a top section with drawers, and supported on
four legs or a small chest (often 15 inches or more in height).
\6\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\7\ A chest of drawers is typically a case containing drawers
for storing clothing.
\8\ A chest is typically a case piece taller than it is wide
featuring a series of drawers and with or without one or more doors
for storing clothing. The piece can either include drawers or be
designed as a large box incorporating a lid.
\9\ A door chest is typically a chest with hinged doors to store
clothing, whether or not containing drawers. The piece may also
include shelves for televisions and other entertainment electronics.
\10\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\11\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\12\ An armoire is typically a tall cabinet or wardrobe
(typically 50 inches or taller), with doors, and with one or more
drawers (either exterior below or above the doors or interior behind
the doors), shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used to hold
television receivers and/or other audio-visual entertainment
systems.
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The scope of the order excludes the following items: (1) Seats,
chairs,
[[Page 9748]]
benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, bookcases, and entertainment systems; (6) bedroom
furniture made primarily of wicker, cane, osier, bamboo or rattan; (7)
side rails for beds made of metal if sold separately from the headboard
and footboard; (8) bedroom furniture in which bentwood parts
predominate; \13\ (9) jewelry armoires; \14\ (10) cheval mirrors; \15\
(11) certain metal parts; \16\ (12) mirrors that do not attach to,
incorporate in, sit on, or hang over a dresser if they are not designed
and marketed to be sold in conjunction with a dresser as part of a
dresser-mirror set; (13) upholstered beds \17\ and (14) toy boxes.\18\
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\13\ As used herein, bentwood means solid wood made pliable.
Bentwood is wood that is brought to a curved shape by bending it
while made pliable with moist heat or other agency and then set by
cooling or drying. See CBP's Headquarters Ruling Letter 043859,
dated May 17, 1976.
\14\ Any armoire, cabinet or other accent item for the purpose
of storing jewelry, not to exceed 24 inches in width, 18 inches in
depth, and 49 inches in height, including a minimum of 5 lined
drawers lined with felt or felt-like material, at least one side
door (whether or not the door is lined with felt or felt-like
material), with necklace hangers, and a flip-top lid with inset
mirror. See Issues and Decision Memorandum from Laurel LaCivita to
Laurie Parkhill, Office Director, concerning ``Jewelry Armoires and
Cheval Mirrors in the Antidumping Duty Investigation of Wooden
Bedroom Furniture from the People's Republic of China,'' dated
August 31, 2004. See also Wooden Bedroom Furniture From the People's
Republic of China: Final Changed Circumstances Review, and
Determination To Revoke Order in Part, 71 FR 38621 (July 7, 2006).
\15\ Cheval mirrors are any framed, tiltable mirror with a
height in excess of 50 inches that is mounted on a floor-standing,
hinged base. Additionally, the scope of the order excludes
combination cheval mirror/jewelry cabinets. The excluded merchandise
is an integrated piece consisting of a cheval mirror, i.e., a framed
tiltable mirror with a height in excess of 50 inches, mounted on a
floor-standing, hinged base, the cheval mirror serving as a door to
a cabinet back that is integral to the structure of the mirror and
which constitutes a jewelry cabinet line with fabric, having
necklace and bracelet hooks, mountings for rings and shelves, with
or without a working lock and key to secure the contents of the
jewelry cabinet back to the cheval mirror, and no drawers anywhere
on the integrated piece. The fully assembled piece must be at least
50 inches in height, 14.5 inches in width, and 3 inches in depth.
See Wooden Bedroom Furniture From the People's Republic of China:
Final Changed Circumstances Review and Determination To Revoke Order
in Part, 72 FR 948 (January 9, 2007).
\16\ Metal furniture parts and unfinished furniture parts made
of wood products (as defined above) that are not otherwise
specifically named in this scope (i.e., wooden headboards for beds,
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds) and that do not possess the essential character
of wooden bedroom furniture in an unassembled, incomplete, or
unfinished form. Such parts are usually classified under HTSUS
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
\17\ Upholstered beds that are completely upholstered, i.e.,
containing filling material and completely covered in sewn genuine
leather, synthetic leather, or natural or synthetic decorative
fabric. To be excluded, the entire bed (headboards, footboards, and
side rails) must be upholstered except for bed feet, which may be of
wood, metal, or any other material and which are no more than nine
inches in height from the floor. See Wooden Bedroom Furniture from
the People's Republic of China: Final Results of Changed
Circumstances Review and Determination To Revoke Order in Part, 72
FR 7013 (February 14, 2007).
\18\ To be excluded the toy box must: (1) Be wider than it is
tall; (2) have dimensions within 16 inches to 27 inches in height,
15 inches to 18 inches in depth, and 21 inches to 30 inches in
width; (3) have a hinged lid that encompasses the entire top of the
box; (4) not incorporate any doors or drawers; (5) have slow-closing
safety hinges; (6) have air vents; (7) have no locking mechanism;
and (8) comply with American Society for Testing and Materials
(``ASTM'') standard F963-03. Toy boxes are boxes generally designed
for the purpose of storing children's items such as toys, books, and
playthings. See Wooden Bedroom Furniture From the People's Republic
of China: Final Results of Changed Circumstances Review and
Determination To Revoke Order in Part, 74 FR 8506 (February 25,
2009). Further, as determined in the scope ruling memorandum
``Wooden Bedroom Furniture From the People's Republic of China:
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the
dimensional ranges used to identify the toy boxes that are excluded
from the wooden bedroom furniture order apply to the box itself
rather than the lid.
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Imports of subject merchandise are classified under subheadings
9403.50.9042 and 9403.50.9045 \19\ of the U.S. Harmonized Tariff
Schedule (``HTSUS'') as ``wooden * * * beds'' and under subheading
9403.50.9080 of the HTSUS as ``other * * * wooden furniture of a kind
used in the bedroom.'' In addition, wooden headboards for beds, wooden
footboards for beds, wooden side rails for beds, and wooden canopies
for beds may also be entered under subheading 9403.50.9042 or
9403.50.9045 of the HTSUS as ``parts of wood.'' Subject merchandise may
also be entered under subheadings 9403.50.9041 or 9403.60.8081.\20\
Further, framed glass mirrors may be entered under subheading
7009.92.1000 \21\ or 7009.92.5000 of the HTSUS as ``glass mirrors * * *
framed.'' The order covers all WBF meeting the above description,
regardless of tariff classification. Although the HTSUS subheadings are
provided for convenience and customs purposes, our written description
of the scope of this proceeding is dispositive.
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\19\ These HTSUS numbers, as well as the numbers in footnote 16,
reflect the HTSUS numbers currently in effect. These numbers differ
from those used in the last completed antidumping duty
administrative review of WBF from the PRC because the HTSUS has been
revised.
\20\ These HTSUS numbers have been added to the scope in this
segment of the proceeding.
\21\ Id.
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Analysis of Comments Received
All issues raised in the case briefs by parties in these reviews
are addressed in the memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to Ronald
K. Lorentzen, Deputy Assistant Secretary for Import Administration,
``Issues and Decision Memorandum for the Final Results of the 2009
Annual New Shipper Reviews of Wooden Bedroom Furniture from the
People's Republic of China,'' dated February 14, 2010 (``Issues and
Decision Memorandum''), which is hereby adopted by this notice. A list
of the issues that parties raised and to which the Department responded
in the Issues and Decision Memorandum is attached to this notice as an
appendix. The Issues and Decision Memorandum is a public document and
is on file in the Central Records Unit in room 7046 in the main
Commerce Department building, and is also accessible on the Web at
http://ia.ita.doc.gov/frn>. The paper copy and electronic version of
the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made the
following changes to our Preliminary Results:
We have recalculated surrogate financial ratios using a
different group of financial statements from those used in the
Preliminary Results.\22\
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\22\ See Issues and Decision Memorandum at Comment 1.
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Due to a ministerial error, we used the wrong surrogate to
value Wanvog's non-adhesive expanded polyethylene (``EPE'') input. In
the final results, we used data under Philippine Harmonized Tariff
Schedule subheading 3920.1090 to value Wanvog's non-adhesive EPE
input.\23\
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\23\ See Issues and Decision Memorandum at Comment 2.
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We based the surrogate value for brokerage and handling on
the World Bank sub-national reported entitled ``Doing Business 2011:
Making a Difference for Entrepreneurs'' and excluded from the brokerage
and handling value the line item for inland transportation and
handling.\24\
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\24\ See Issues and Decision Memorandum at Comment 3.
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[[Page 9749]]
New Shipper Status
No party has contested the bona fide nature of Cadman's,
Huansheng's, or Wanvog's sale(s) during the POR. Therefore, for these
final results we find, as in the Preliminary Results, that the new
shipper sales made by Cadman, Huansheng, and Wanvog were made on a bona
fide basis.
Surrogate Country
Since the Preliminary Results, no interested party has commented on
the selection of the Philippines as the surrogate country. Therefore,
we continue to determine that the Philippines is the appropriate
surrogate country for the final results of these new shipper reviews.
Separate Rates
The Department found in the Preliminary Results that because Wanvog
was wholly foreign-owned, further analysis is not necessary to
determine whether Wanvog's export activities are independent from
government control.\25\ The Department also found in the Preliminary
Results that Cadman and Huansheng both demonstrated a lack of de jure
and de facto government control with respect to their export
activities, and preliminarily determined that they were eligible for a
separate rate.\26\ No party has contested the separate rate status of
Cadman, Huansheng, or Wanvog during the POR. Therefore, for the final
results, we continue to determine that Wanvog, Cadman, and Huansheng
are eligible for a separate rate.
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\25\ See Preliminary Results, 75 FR at 72797.
\26\ See id.
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Final Results of the New Shipper Reviews
The Department has determined that the following final dumping
margins exist for the period January 1, 2009, through December 31,
2009:
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Weighted-average
Exporter-Producer margin (percent)
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Dongguan Huansheng Furniture Co., Ltd., Exporter/ 0.00
Producer...........................................
Wanvog Furniture (Kunshan) Co., Ltd., Exporter/ 0.00
Producer...........................................
Hangzhou Cadman Trading Co., Ltd., Exporter, and 0.00
Haining Changbei Furniture Co., Ltd., Producer.....
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Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries pursuant to 19 CFR 351.212(b). For importers/
customers of a respondent where the respondent reported entered values,
we have calculated an ad valorem rate for that importer/customer by
dividing the total amount of antidumping duties calculated for the
examined sales of subject merchandise by the total entered value of
those transactions. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of these new shipper reviews. Where an importer-specific ad
valorem rate is de minimis, the Department will order CBP to liquidate
appropriate entries without regard to antidumping duties.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these new shipper reviews for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter/
producer combinations listed in the table above, the cash deposit rate
will be the rate shown for that combination; (2) for subject
merchandise exported by Huansheng but not produced by Huansheng,
exported by Wanvog but not produced by Wanvog, and exported by Cadman
but not produced by Haining Changbei Furniture Co., Ltd. (``Haining
Changbei''), the cash deposit rate will continue to be the PRC-wide
rate of 216.01 percent; (3) for subject merchandise produced by
Huansheng but not exported by Huansheng or produced by Wanvog but not
exported by Wanvog, the cash deposit rate will be the rate applicable
to the exporter; and (4) for subject merchandise produced by Haining
Changbei but not exported by Cadman, the cash deposit rate will be the
rate applicable to the exporter. These deposit requirements shall
remain in effect until further notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing these final results and notice in
accordance with sections 751(a)(2)(B), 751(a)(2)(C), and 777(i) of the
Act and 19 CFR 351.214(h) and 19 CFR 351.221(b)(5).
Dated: February 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issue 1: Financial Ratios
Issue 2: Surrogate Value for Wanvog's EPE Input
Issue 3: Surrogate Value for Brokerage and Handling
[FR Doc. 2011-3908 Filed 2-18-11; 8:45 am]
BILLING CODE 3510-DS-P