[Federal Register Volume 76, Number 38 (Friday, February 25, 2011)]
[Notices]
[Pages 10557-10558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4279]
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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 Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 25, 2011.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on wooden bedroom furniture from the People's Republic of China
(``PRC'') meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for the new shipper review
is January 1, 2010, through December 31, 2010.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor, 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) 482-5831.
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
[[Page 10558]]
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 28, 2011, 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 a timely request for a
new shipper review from Dongguan Yujia Furniture Co., Ltd. (``Dongguan
Yujia''). Dongguan Yujia certified that it is both the exporter and
producer of the subject merchandise upon which its request for a new
shipper review is based. On February 3, 2011, the Department placed
entry data received from U.S. Customs and Border Protection (``CBP'')
on the record of this proceeding and requested comments from interested
parties. On February 7, 2011, the Department issued a supplemental
questionnaire to Dongguan Yujia. On February 10, 2011, Dongguan Yujia
submitted comments regarding the entry data received from CBP. On
February 14, 2011, Dongguan Yujia submitted its supplemental response.
On February 15, 2011, the Department received additional U.S. entry
documents from CBP.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Dongguan Yujia certified that it 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),
Dongguan Yujia certified that, since the initiation of the
investigation, it has 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
Yujia also certified that its export activities were not controlled by
the central government of the PRC. See generally Memorandum to the File
through Abdelali Elouaradia, Director, AD/CVD Operations, Office 4:
Initiation of AD New Shipper Review of Dongguan Yujia Furniture Co.,
Ltd.: Wooden Bedroom from the People's Republic of China (``Initiation
Checklist''), dated concurrently with this notice.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Dongguan Yujia submitted documentation
establishing the following: (1) The date on which it 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 its first shipment;
and (3) the date of its first sale to an unaffiliated customer in the
United States. See generally Initiation Checklist.
The Department conducted CBP database queries. The Department
confirmed by examining the results of a CBP data query and CBP entry
documents that Dongguan Yujia's merchandise entered the United States
during the POR as specified by the Department's regulations. See 19 CFR
351.214(g)(1)(i)(A). 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.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that Dongguan Yujia meets the
threshold requirements for initiation of a new shipper review of its
shipment(s) of wooden bedroom furniture from the PRC. See generally
Initiation Checklist. The POR for the new shipper review of Dongguan
Yujia is January 1, 2010, through December 31, 2010. See 19 CFR
351.214(g)(1)(i)(A). The Department intends to issue the preliminary
results of this review no later than 180 days from the date of
initiation, and the final results of this review 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 a questionnaire to Dongguan Yujia which will include a separate
rate section. The review of the 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 Yujia in accordance with section 751(a)(2)(B)(iii) of the
Act and 19 CFR 351.214(e). Because Dongguan Yujia certified that it
both produces and exports the subject merchandise, the sales of which
form the basis for its new shipper review request, we will instruct CBP
to permit the use of a bond only for entries of subject merchandise
which the respondent both produced and exported.
Interested parties requiring access to proprietary information in
this new shipper review 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: February 18, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-4279 Filed 2-24-11; 8:45 am]
BILLING CODE 3510-DS-P