[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Notices]
[Pages 38621-38622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10655]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Final Changed Circumstances Review, and Determination To Revoke Order 
in Part

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

DATES: Effective Date: July 7, 2006.
SUMMARY: On May 9, 2006, the Department of Commerce (``the 
Department'') published a notice of initiation and preliminary results 
of a changed circumstances antidumping duty review with intent to 
revoke, in part, the antidumping duty (``AD'') order on wooden bedroom 
furniture from the People's Republic of China (``PRC''). See Wooden 
Bedroom Furniture from the People's Republic of China: Notice of 
Initiation and Preliminary Results of Changed Circumstances Review, and 
Intent to Revoke Order in Part, 71 FR 26928 (May 9, 2006) (``Initiation 
and Preliminary Results''). We are now revoking this order in part, 
with regard to the following product: Jewelry armoires that have at 
least one side door, whether or not the door is lined with felt or 
felt-like material, as described in the ``Scope'' section of this 
notice, based on the fact that domestic parties have expressed no 
further interest in the relief provided by the order with respect to 
the imports of these jewelry armoires, as so described.

FOR FURTHER INFORMATION CONTACT: Will Dickerson or Robert Bolling, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone (202) 482-1778 and (202) 482-3434, 
respectively.

Background

    On February 2, 2006, and in an amendment on March 16, 2006, the 
Department of Commerce (the ``Department'') received a request on 
behalf of the petitioners, the American Furniture Manufacturers 
Committee for Legal Trade and its individual members (the ``AFMC'') for 
revocation in part of the AD order on wooden bedroom furniture from the 
PRC pursuant to sections 751(b)(1) and 782(h) of the Tariff Act of 
1930, as amended (``the Act''), with respect to jewelry armoires that 
have at least one side door, whether or not lined with felt or felt-
like material. In its February 2, 2006, submission, AFMC stated that it 
no longer has any interest in antidumping relief from imports of such 
jewelry armoires.
    On May 17, 2006, L. Powell Company (``Powell'') submitted comments 
on our preliminary results of the changed circumstances review. Powell 
stated that it supports the Department's preliminary ruling that 
jewelry armoires that have at least one side door, whether or not the 
door is lined with felt or felt-like material are excluded from the 
wooden bedroom furniture order. Also, Powell requested that the 
Department rule on an expedited basis that the above-mentioned 
merchandise is excluded from the order.

Scope of Changed Circumstances Review

    The merchandise covered by this changed circumstances review is 
jewelry armoires that have at least one side door, whether or not lined 
with felt or felt-like material from the PRC. This changed 
circumstances administrative review covers jewelry armoires from the 
PRC meeting the specifications as described above. Effective upon 
publication of this final results of changed circumstances review in 
the Federal Register, the amended scope of the order will read as 
follows.

Scope of the Order

    The product covered is wooden bedroom furniture. Wooden bedroom 
furniture 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, oriented 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,\1\ highboys,\2\ lowboys,\3\ chests of drawers,\4\ chests,\5\ 
door chests,\6\ chiffoniers,\7\ hutches,\8\ and armoires; \9\ (6) 
desks, computer stands, filing cabinets, book cases, 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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    \1\ 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.
    \2\ 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).
    \3\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \4\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \5\ 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.
    \6\ 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.
    \7\ A chiffonier is typically a tall and narrow chest of drawers 
normally used for storing undergarments and lingerie, often with 
mirror(s) attached.
    \8\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \9\ 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, benches, couches, sofas, sofa beds, stools, and other seating 
furniture; (2) mattresses, mattress supports (including

[[Page 38622]]

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, book cases, 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; \10\ (9) jewelry armoires; \11\ (10) 
cheval mirrors \12\ (11) certain metal parts \13\ (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.
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    \10\ 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 Customs' Headquarters' Ruling Letter 043859, 
dated May 17, 1976.
    \11\ Any armoire, cabinet or other accent item for the purpose 
of storing jewelry, not to exceed 24'' in width, 18'' in depth, and 
49'' 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 Memorandum from 
Laurel LaCivita to Laurie Parkhill, Office Director, Issues and 
Decision Memorandum 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 
Wooden Bedroom Furniture from the People's Republic of China: Notice 
of Final Results of Changed Circumstances Review and Revocation in 
Part, (FR citation and date to be added).
    \12\ Cheval mirrors, i.e., any framed, tiltable mirror with a 
height in excess of 50'' that is mounted on a floor-standing, hinged 
base.
    \13\ 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 
subheading 9403.90.7000.
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    Imports of subject merchandise are classified under subheading 
9403.50.9040 of the Harmonized Tariff Schedule of the United States 
(``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 9403.50.9040 of the HTSUS as ``parts 
of wood'' and framed glass mirrors may also be entered under subheading 
7009.92.5000 of the HTSUS as ``glass mirrors * * * framed.'' This order 
covers all wooden bedroom furniture 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.

Final Results of Review; Partial Revocation of Antidumping Duty Order

    The affirmative statement of no interest by petitioners concerning 
jewelry armoires, as described herein, constitutes changed 
circumstances sufficient to warrant revocation of this order in part. 
One party commented on the Initiation and Preliminary Results stating 
that the Department should revoke the order for these jewelry armoires. 
No party contests that petitioners' statement of no interest represents 
the views of substantially all of the domestic industry. Therefore, the 
Department is partially revoking the order with respect to jewelry 
armoires that have at least one side door, whether or not the door is 
lined with felt or felt-like material from the PRC with regard to 
products which meet the specifications detailed above, in accordance 
with sections 751(b) and (d) and 782(h) of the Act and 19 CFR 
351.216(d) and 351.222(g). We will instruct the U.S. Customs and Border 
Protection to liquidate without regard to antidumping duties, as 
applicable, and to refund any estimated antidumping duties collected 
for all unliquidated entries of jewelry armoires that have at least one 
side door, whether or not the door is lined with felt or felt-like 
material meeting the specifications indicated above, and not subject to 
final results of an administrative review as of the date of publication 
in the Federal Register of the final results of this changed 
circumstances review in accordance with 19 CFR 351.222.
    This notice serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    This changed circumstances administrative review, partial 
revocation of the antidumping duty order and notice are in accordance 
with sections 751(b) and (d) and 782(h) of the Act and 19 CFR 
351.216(e) and 351.222(g).

    Dated: June 30, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-10655 Filed 7-6-06; 8:45 am]
BILLING CODE 3510-DS-P