[Federal Register Volume 72, Number 176 (Wednesday, September 12, 2007)]
[Notices]
[Pages 52083-52084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17995]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China; 
Initiation of New Shipper Reviews

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

EFFECTIVE DATE: September 12, 2007.
SUMMARY: The Department of Commerce (the ``Department'') received 
timely requests to conduct new shipper reviews of the antidumping duty 
order on wooden bedroom furniture from the People's Republic of China 
(``PRC''). In accordance with 19 CFR 351.214(d)(1), we are initiating 
new shipper reviews for Dongguan Bon Ten Furniture Co., Ltd. (``Bon 
Ten'') and Dongguan Mu Si Furniture Co., Ltd. (``Mu Si'').

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Hua Lu, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4474 or (202) 482-6478, respectively.

SUPPLEMENTARY INFORMATION: The Department received timely requests from 
Bon Ten and Mu Si on July 27, 2007, pursuant to section 751(a)(2)(B) of 
the Tariff Act of 1930, as amended (``the Act''), and in accordance 
with 19 CFR 351.214(c), for new shipper reviews of the antidumping duty 
order on wooden bedroom furniture from the PRC. See Notice of Amended 
Final 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).
    Pursuant to 19 CFR 351.214(b)(2), in their requests for new shipper 
reviews, Bon Ten and Mu Si certified that they did not export wooden 
bedroom furniture to the United States during the period of 
investigation (``POI''); that since the initiation of the investigation 
they have never been affiliated with any company that exported subject 
merchandise to the United States during the POI; and that their export 
activities were not controlled by the central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Bon Ten and Mu Si 
submitted documentation establishing the following: (1) the date on 
which they first shipped wooden bedroom furniture for export to the 
United States; (2) the volume of their first shipment; and (3) the date 
of their first sale to an unaffiliated customer in the United States.
    The Department conducted customs queries to confirm that the 
shipment of Bon Ten and Mu Si had officially entered the United States 
via assignment of an entry date in the customs database by the U.S. 
Customs and Border Protection (``CBP''). We note that although Bon Ten 
and Mu Si submitted documentation regarding the volume of their 
shipments and the date of their first sale to an unaffiliated customer 
in the United States, our customs query shows that Bon Ten's and Mu 
Si's shipments entered the United States shortly after the anniversary 
month.
    Under 19 CFR 351.214(f)(2)(ii), when the sale of the subject 
merchandise occurs within the period of review (``POR''), but the entry 
occurs after the normal POR, the POR may be extended unless it would be 
likely to prevent the completion of the review within the time limits 
set by the Department=s regulations. The preamble to the Department=s 
regulations states that both the entry and the sale should occur during 
the POR, and that under ``appropriate'' circumstances the Department 
has the flexibility to extend the POR. See Antidumping Duties; 
Countervailing Duties; Final Rule, 62 FR 27296, 27319-27320 (May 19, 
1997). In this instance, Bon Ten's and Mu Si's shipments entered in the 
month following the end of the POR. The Department does not find that 
this delay prevents the completion of the review within the time limits 
set by the Department=s regulations.

Initiation of New Shipper Review

    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), and based on information on the record, we find that Bon 
Ten's and Mu Si's requests meet the initiation threshold requirements 
and we are initiating new shipper reviews for shipments of wooden 
bedroom furniture produced and exported by Bon Ten and Mu Si. See 
Memoranda to the File through Wendy J. Frankel, Director, New Shipper 
Initiation Checklist, dated August 31, 2007. The Department will 
conduct these new shipper reviews according to the deadlines set forth 
in section 751(a)(2)(B)(iv) of the Act.
    Pursuant to 19 CFR 351.214(g)(1)(i)(B), the POR for a new shipper 
review, initiated in the month immediately following the semi-annual 
anniversary month, will be the six-month period immediately preceding 
the semi-annual anniversary month. As discussed above, under 19 CFR 
351.214 (f)(2)(ii), when the sale of the subject merchandise occurs 
within the POR, but the entry occurs after the normal POR, the POR may 
be extended. Therefore, the POR for the new shipper reviews of Bon Ten 
and Mu Si is January 1 through July 31, 2007.
    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 questionnaires to Bon Ten and Mu Si, including a separate-rate 
section. The reviews will proceed if the responses provide sufficient 
indication that Bon Ten and Mu Si are not subject to either de jure or 
de facto government control with respect to their exports of wooden 
bedroom furniture. However, if Bon Ten or Mu Si does not demonstrate 
its eligibility for a separate rate, it will be deemed not separate 
from other companies that exported during the POI, and its new shipper 
review will be rescinded.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct CBP to collect a bond or other 
security in lieu of a cash deposit in new shipper reviews. Therefore, 
the posting of a bond or other security under section 751(a)(2)(B)(iii) 
of the Act in lieu of a cash deposit is not available in this case. 
Importers of wooden bedroom furniture produced and exported by Bon Ten 
and Mu Si must continue to post cash deposits of estimated antidumping 
duties on each entry of subject merchandise (i.e., wooden bedroom 
furniture) at the PRC-wide entity rate of 216.01 percent.
    Interested parties that need 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 issued in accordance with section 
751(a)(2)(B)

[[Page 52084]]

of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: August 31, 2007.
Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-17995 Filed 9-11-07; 8:45 am]
BILLING CODE 3510-DS-S