[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47417-47418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17937]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Notice of Amended Preliminary Antidumping Duty Determination of 
Sales at Less Than Fair Value: Wooden Bedroom Furniture From the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 5, 2004.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Robert Bolling, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3207, or 482-3434, 
respectively.

SUPPLEMENTARY INFORMATION:

Significant Ministerial Error

    Pursuant to 19 CFR 351.224(g)(1) and (g)(2), the Department of 
Commerce (``Department'') is amending the preliminary determination of 
sales at less than fair value in the antidumping duty investigation of 
wooden bedroom furniture from the People's Republic of China (``PRC'') 
to reflect the correction of significant ministerial errors it made in 
the margin calculations regarding the following mandatory respondents: 
Rui Feng Woodwork Co., Ltd., Rui Feng Lumber Development Co., Ltd., and 
Dorbest Limited (collectively ``Dorbest Group''); Starcorp Furniture 
(Shanghai) Co., Ltd., Orin Furniture (Shanghai) Co., Ltd., and Shanghai 
Starcorp Furniture Co., Ltd. (collectively ``Starcorp''). A ministerial 
error is defined as an error in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial. See 19 CFR 351.224(f). 
A significant ministerial error is defined as an error, the correction 
of which, singly or in combination with other errors, would result in 
(1) a change of at least five absolute percentage points in, but not 
less than 25 percent of, the weighted-average dumping margin calculated 
in the original (erroneous) preliminary determination or (2) a 
difference between a weighted-average dumping margin of zero or de 
minimis and a weighted-average dumping margin of greater than de 
minimis or vice versa. See 19 CFR 351.224(g). We are publishing this 
amendment to the preliminary determination pursuant to 19 CFR 
351.224(e). As a result of this amended preliminary determination, we 
have revised the antidumping rates for the Dorbest Group, Starcorp, and 
Tech Lane. See discussion below.
    Additionally, the Department is amending the preliminary 
determination of sales at less than fair value in the antidumping duty 
investigation of wooden bedroom furniture from the PRC to reflect the 
correction of ministerial errors it made regarding certain Section A 
respondents that have applied for a separate rate and provided 
information for the Department to consider for the preliminary 
determination but were denied a separate rate at the preliminary 
determination stage. Memorandum to Laurie Parkhill, Office Director, 
AD/CVD Enforcement, Antidumping Duty Investigation of Wooden Bedroom 
Furniture From the People's Republic of China: Analysis of Allegations 
of Ministerial Errors for Section A Respondents dated July 29, 2004.

Ministerial-Error Allegation

    On June 24, 2004, the Department published its affirmative 
preliminary determination in this proceeding. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination: Wooden Bedroom Furniture From the People's 
Republic of China, 69 FR 35312 (June 24, 2004) (``Preliminary 
Determination'').
    On June 29, 2004, the Department received timely allegations of 
ministerial errors in the Preliminary Determination from the American 
Furniture Manufacturers Committee for Legal Trade and its individual 
members and the Cabinet Makers, Millmen, and Industrial Carpenters 
Local 721, UBC Southern Council of Industrial Worker's Local Union 
2305, United Steel Workers of American Local 193U, Carpenters 
Industrial Union Local 2093, and Teamsters, Chauffeurs, Warehousemen 
and Helper Local 991 (collectively ``Petitioners''), and the following 
respondents: Dongguan Lung Dong Furniture Co., Ltd., and Dongguan Dong 
He Furniture Co., Ltd. (collectively ``Dongguan Lung Dong''); the 
Dorbest Group; Lacquer Craft Manufacturing Company, Ltd. (``Lacquer 
Craft''); Markor International Furniture (Tianjin) Manufacture Co., 
Ltd. (``Markor Tianjin''); Shing Mark Enterprise Co., Ltd., Carven 
Industries Limited (BVI), Carven Industries Limited (HK), Dongguan 
Zhenxin Furniture Co., Ltd., and Dongguan Yongpeng Furniture Co., Ltd. 
(collectively ``Shing Mark''); and Starcorp. Additionally, Petitioners 
made a ministerial-error allegation with regard to Tech Lane Wood Mfg. 
and Kee Jia Wood Mfg. (collectively ``Tech Lane''). The Department has 
reviewed its preliminary calculations and agrees that some of the 
errors which the parties alleged are ministerial errors within the 
meaning of 19 CFR 351.224(f).
    We agree with certain ministerial errors made with respect to the 
mandatory respondents. However, not all of the alleged ministerial 
errors for each mandatory respondent when taken in totality meet the 
definition of a ministerial error under 19 CFR 351.224. Due to the 
large number of mandatory respondents and the extraordinary number of 
alleged ministerial errors in this case we have summarized all comments 
in company-specific memoranda. For a complete listing of all comments, 
please see the individual memorandum for each mandatory respondent 
(i.e., Dongguan Lung Dong, the Dorbest Group, Lacquer Craft, Markor 
Tianjin, Shing Mark, Starcorp, and Tech Lane), Memorandum to the Laurie 
Parkhill, Office Director, AD/CVD Enforcement, Antidumping Duty 
Investigation of Wooden Bedroom Furniture from the People's Republic of 
China: Analysis of Allegation of Ministerial Errors for (Company) 
(i.e., Dongguan Lung Dong, the Dorbest Group, Lacquer Craft, Markor 
Tianjin, Shing Mark, Starcorp, or Tech Lane) dated July 29, 2004.\1\
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    \1\ On July 29, 2004, the Department informed Tech Lane that it 
was not going to conduct verification of its sales and factors of 
production data, due to the fact Tech Lane did not provide financial 
statements covering reported subject merchandise and because Tech 
Lane did not provide the Department with a reconciliation of its 
sales made during the Period of Investigation (``POI'') to its 
financial statements. In light of the Department's decision to 
cancel verification, the Department notes that the amended rate for 
Tech Lane may change for purposes of the final determination.
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    On June 29, 2004, the Department received timely allegations of 
ministerial errors in the Preliminary Determination from twenty-nine 
section

[[Page 47418]]

A respondents. See Memorandum to the Laurie Parkhill, Office Director, 
Antidumping Duty Investigation of Wooden Bedroom Furniture from the 
People's Republic of China: Analysis of Allegations of Ministerial 
Errors for Section A Respondents dated July 29, 2004.
    Additionally, on July 6, 2004, the Department received additional 
timely information from certain Section A Respondents. The Department 
will address these comments in the Final Determination. See Antidumping 
Duty Investigation of Wooden Bedroom Furniture from the People's 
Republic of China: Analysis of Consideration of Additional Information 
for Final Determination, dated July 29, 2004.
    Further, the Department received several new Section A filings from 
companies requesting a separate rate after the preliminary 
determination. We have determined to return these filings because they 
were untimely. As the Department stated in the Preliminary 
Determination, all Section A filings had to be received by March 1, 
2004. Therefore, these filings were untimely filed because the 
Department received them beyond the March 1, 2004, filing deadline.
    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 733 (d) and (f) of the 
Tariff Act of 1930, as amended, (the Act).

Amended Preliminary Determination

    As a result of our correction of ministerial errors in the 
Preliminary Determination, we have determined that the following 
weighted-average dumping margins apply:

------------------------------------------------------------------------
                                             Original         Amended
                                            preliminary     preliminary
          Exporter and producer               margin          margin
                                             (percent)       (percent)
------------------------------------------------------------------------
The Dorbest Group.......................           19.24           11.85
Starcorp................................           24.34           30.52
Tech Lane...............................            9.36           29.72
Alexandre International Corp............          198.08           10.92
Art Heritage International, Ltd.........          198.08           10.92
Chuan Fa Furniture Factory..............          198.08           10.92
Clearwise Company Limited...............          198.08           10.92
COE, Ltd................................          198.08           10.92
Dongguan Chunsan Wood Products Co., Ltd.          198.08           10.92
Dongguan Hero Way Woodwork Co., Ltd.....          198.08           10.92
Dongguan Da Zhong Woodwork Co., Ltd.....          198.08           10.92
Dongguan Sunrise Furniture Co...........          198.08           10.92
Dream Rooms Furniture (Shanghai) Co.,             198.08           10.92
 Ltd....................................
Foshan Guanqiu Furniture Co., Ltd.......          198.08           10.92
Gaomi Yatai Wooden Ware Co., Ltd........          198.08           10.92
Green River Wood (Dongguan) Ltd.........          198.08           10.92
Kuan Lin Furniture (Dong Guan) Co., Ltd.          198.08           10.92
Longrange Furniture Co., Ltd............          198.08           10.92
Passwall Corporation....................          198.08           10.92
Prime Wood International Co., Ltd et al.          198.08           10.92
Shenshen Xiande Furniture Factory.......          198.08           10.92
Tianjin Master Home Furniture...........          198.08           10.92
Yida Co., Ltd...........................          198.08           10.92
------------------------------------------------------------------------

    The PRC-wide rate has not been amended.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
International Trade Commission (``ITC'') of our amended preliminary 
determination. If our final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of the 
preliminary determination or 45 days after our final determination 
whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports, or 
sales (or the likelihood of sales) for importation, of the subject 
merchandise.
    This determination is issued and published in accordance with 
sections 733(f) and 777(I)(1) of the Act and 19 CFR 351.224(e).

    Dated: July 29, 2004.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-17937 Filed 8-4-04; 8:45 am]
BILLING CODE 3510-DS-P