[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Notices]
[Pages 7013-7015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2564]


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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 Changed Circumstances Review and Determination to 
Revoke Order in Part

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

EFFECTIVE DATE: February 14, 2007.
SUMMARY: On December 20, 2006, the Department of Commerce (``the 
Department'') published a notice of initiation and preliminary results 
of an antidumping duty (``AD'') changed circumstances review and intent 
to revoke, in part, the 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 76273 (December 20, 2006) (``Initiation and Preliminary 
Results''). We are now revoking this order in part, with regard to the 
following product: upholstered beds, as described in footnote 14 in the 
``Scope of the Order'' section of this notice, based on the domestic 
parties' expression of no interest in the relief provided by the order 
with respect to the imports of upholstered beds, as so described.
    In its October 26, 2006, submission, the American Furniture 
Manufacturers Committee for Legal Trade and its individual members (the 
``AFMC'') stated that it no longer has any interest in seeking 
antidumping relief from imports of such upholstered beds with respect 
to the subject merchandise defined in the ``Scope of the Order'' 
section below. On January 4, 2007, American Signature Incorporated 
(``ASI''), an interested party, submitted comments to the Department 
stating that exclusion of upholstered beds from the order is warranted.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Robert Bolling, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington DC 
20230; telephone: (202) 482-4474 and (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 26, 2006, the Department received a request on behalf of 
the petitioners, 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 upholstered beds. In its October 26, 2006, submission, AFMC 
stated that it no longer has any interest in antidumping relief from 
imports of such upholstered beds.

Scope of Changed Circumstances Review

    The merchandise covered by this changed circumstances review are 
beds that are completely upholstered, i.e., containing filling material 
and

[[Page 7014]]

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. 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 Amended 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 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 armories\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; (13) upholstered beds.\14\
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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 also 
Wooden Bedroom Furniture from the People's Republic of China: Notice 
of Final Results of Changed Circumstances Review and Revocation in 
Part, (71 FR 38621) (July 7, 2006).
    \12\ Cheval mirrors are, i.e., any framed, tiltable mirror with 
a height in excess of 50'' 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 lined 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 also wooden Bedroom Furniture from the People's Republic of 
China: Notice of Final Results of Changed Circumstances Review and 
Revocation in Part, (72 FR 38621) (January 9, 2007).
    \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.
    \14\ 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.
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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.

[[Page 7015]]

Final Results of Review; Partial Revocation of Antidumping Duty Order

    The affirmative statement of no interest by petitioners concerning 
upholstered beds, as described herein, constitutes changed 
circumstances sufficient to warrant revocation of this order in part. 
Moreover, ASI supports AFMC's request. Additionally, 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 on wooden bedroom furniture with 
respect to upholstered beds from the PRC which meet the specifications 
detailed above, in accordance with sections 751(b), (d) and 782(h) of 
the Act and 19 CFR 351.216(d) and 351.222(g). We will instruct 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 
upholstered beds, 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(g).
    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), (d) 
and 782(h) of the Act and
    19 CFR 351.216(e) and 351.222(g).

    Dated: February 7, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-2564 Filed 2-13-07; 8:45 am]
BILLING CODE 3510-DS-S