[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