[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Notices]
[Pages 62834-62837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21955]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Second Amended Final Results of Antidumping Duty Administrative 
Review: Wooden Bedroom Furniture From the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 22, 2007, the Department of Commerce 
(``Department'') published in the Federal Register the amended final 
results of the first administrative review and concurrent new shipper 
reviews of the antidumping duty order on wooden bedroom furniture from 
the People's Republic of China (``PRC''). See Amended Final Results of 
the Antidumping Duty Administrative Review and New Shipper Reviews: 
Wooden Bedroom Furniture from the People's Republic of China, 72 FR 
46957 (August 22, 2007) (``Final Results'') \1\ and accompanying Issues 
and Decision Memorandum (August 8, 2007) (``Issues and Decision 
Memo''). The period of review (``POR'') covered June 24, 2004, through 
December 31, 2005. We are amending our Final Results to correct 
ministerial errors made in the calculation of the antidumping duty 
margin for Fujian Lianfu Forestry Co./Fujian Wonder Pacific Inc./Fuzhou 
Huan Mei Furniture Co., Ltd./Jiangsu Dare Furniture Co., Ltd. 
(collectively, ``Dare Group''), Shanghai Aosen Furniture Co., Ltd. 
(``Shanghai Aosen''), and Kunwa Enterprise Company (``Kunwa''), 
pursuant to section 751(h) of the Tariff Act of 1930, as amended 
(``Act'').
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    \1\ As a result of an inadvertent error by the Department in the 
final results, an incorrect appendix was attached to the notice 
released on August 8, 2007. The amended final results correct this 
error and were published in place if the original version released 
on August, 2007. The original notice was never published in the 
Federal Register.

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EFFECTIVE DATE: November 7, 2007.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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-
6412.

SUPPLEMENTARY INFORMATION:

Background

    On August 21, 2007, Petitioners,\2\ Dare Group, Shanghai Aosen, and 
Kunwa filed timely ministerial error allegations with respect to the

[[Page 62835]]

Department's antidumping duty margin calculation in the Final Results. 
On August 27, 2007, Petitioners and Dare Group filed timely rebuttal 
comments.
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    \2\ American Furniture Manufacturers Committee for Legal Trade 
and Vaughan-Bassett Furniture Company.
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Scope of Order

    The product covered by the order 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,\3\ highboys,\4\ lowboys,\5\ chests of drawers,\6\ chests,\7\ 
door chests,\8\ chiffoniers,\9\ hutches,\10\ and armoires; \11\ (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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    \3\ 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.
    \4\ 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).
    \5\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \6\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \7\ 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.
    \8\ 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.
    \9\ A chiffonier is typically a tall and narrow chest of drawers 
normally used for storing undergarments and lingerie, often with 
mirror(s) attached.
    \10\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \11\ 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; \12\ (9) jewelry armoires; \13\ (10) cheval mirrors; 
\14\ (11) certain metal parts; \15\ (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; and (13) upholstered beds.\16\
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    \12\ 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.
    \13\ 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 Issues and 
Decision Memorandum from Laurel LaCivita to Laurie Parkhill, Office 
Director, 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).
    \14\ 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 atleast 
50 inches in height, 14.5 inches in width, and 3 inches in depth. 
See Wooden Bedroom Furniture From the People's Republic of China: 
Final Results of Changed Circumstances Review and Determination To 
Revoke Order in Part, 72 FR 948 (January 9, 2007).
    \15\ 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 the 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheading 9403.90.7000.
    \16\ 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. See Wooden Bedroom Furniture From 
the People's Republic of China: Final Results of Changed 
Circumstances Review and Determination To Revoke Order in Part, 72 
FR 7013 (February 14, 2007).
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    Imports of subject merchandise are classified under subheading 
9403.50.9040 of the 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 62836]]

Ministerial Errors

    A ministerial error is defined in section 751(h) of the Act and 
further clarified in 19 CFR 351.224(f) 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.''
    After analyzing all interested parties' comments, we have 
determined, in accordance with 19 CFR 351.224(e), that ministerial 
errors existed in certain calculations for Dare Group and Shanghai 
Aosen in the Final Results. Correction of these errors results in a 
change to Dare Group's and Shanghai Aosen's final antidumping duty 
margins. Additionally, the rate change for Dare Group and Shanghai 
Aosen also affects the cash deposit rates for the companies subject to 
the administrative review that receive a separate rate. The rate for 
the PRC-wide entity remains unchanged. Further, we determined that a 
certain ministerial error existed with respect to our determination not 
to grant Kunwa a separate rate and, for these amended final results, we 
have determined that Kunwa has demonstrated its eligibility for a 
separate rate. For a detailed discussion of these ministerial errors, 
as well as the Department's analysis, see The Memorandum: Wooden 
Bedroom Furniture from the People's Republic of China: Analysis of 
Ministerial Error Allegations, dated November 5, 2007 (``Ministerial 
Error Allegation Memorandum''). The Ministerial Error Allegation 
Memorandum is on file in the Central Records Unit, room B-099 in the 
main Department building.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of wooden bedroom furniture from the PRC. The revised weighted-
average dumping margins are detailed below. For company-specific 
calculations, see ``Analysis Memorandum for the Amended Final Results 
for Dare Group,'' dated November 5, 2007 and ``Analysis Memorandum for 
the Amended Final Results for Shanghai Aosen,'' dated November 5, 2007. 
The revised final weighted-average dumping margins are as follows:

                  Wooden Bedroom Furniture From the PRC
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                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
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Fujian Lianfu Forestry Co. Ltd. /Fujian Wonder Pacific             49.60
 Inc. (Dare Group)......................................
Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group)........           49.60
Jiangsu Dare Furniture Co., Ltd. (Dare Group)...........           49.60
Fine Furniture (Shanghai) Limited.......................            1.97
Foshan Guanqiu Furniture Co., Ltd.......................           11.72
Shanghai Aosen Furniture Co., Ltd.......................             .40
Starcorp Funiture Co., Ltd, Starcorp Furniture                    216.01
 (Shanghai) Co., Ltd., Orin Furniture (Shanghai) Co.,
 Ltd., Shanghai Star Furniture Co., Ltd., and Shanghai
 Xing Ding Furniture Industrial Co., Ltd................
Ace Furniture & Crafts Ltd. (a.k.a. Deqing Ace Furniture           35.78
 and Crafts Limited)....................................
Baigou Crafts Factory of Fengkai........................           35.78
Best King International Ltd.............................           35.78
Dalian Pretty Home Furniture............................           35.78
Decca Furniture Limited.................................           35.78
Der Cheng Wooden Works of Factory.......................           35.78
Dongguan Dihao Furniture Co., Ltd.......................           35.78
Dongguan Hua Ban Furniture Co., Ltd.....................           35.78
Dongguan Mingsheng Furniture Co., Ltd...................           35.78
Dongguan New Technology Import & Export Co., Ltd........           35.78
Dongguan Sunpower Enterprise Co., Ltd...................           35.78
Dongguan Yihaiwei Furniture Limited.....................           35.78
Kalanter (Hong Kong) Furniture Company Limited..........           35.78
Furnmart Ltd............................................           35.78
Guangdong New Four Seas Furniture Manufacturing Ltd.....           35.78
Guangzhou Lucky Furniture Co. Ltd.......................           35.78
Hong Yu Furniture (Shenzhen) Co. Ltd....................           35.78
Hung Fai Wood Products Factory, Ltd.....................           35.78
Hwang Ho International Holdings Limited.................           35.78
King Kei Furniture Factory..............................           35.78
King Wood Furniture Co., Ltd............................           35.78
Kunwa Enterprise Company................................           35.78
Nantong Yangzi Furniture Co., Ltd.......................           35.78
Po Ying Industrial Co...................................           35.78
Profit Force Ltd........................................           35.78
Qingdao Beiyuan-Shengli Furniture Co., Ltd..............           35.78
Qingdao Shenchang Wooden Co., Ltd.......................           35.78
Red Apple Trading Co. Ltd...............................           35.78
Shenyang Kunyu Wood Industry Co., Ltd...................           35.78
Shenzhen Dafuhao Industrial Development Co., Ltd........           35.78
Shenzhen Shen Long Hang Industry Co., Ltd...............           35.78
Sino Concord International Corporation..................           35.78
Tianjin First Wood Co., Ltd.............................          216.01
T.J. Maxx International Co., Ltd........................           35.78
Top Art Furniture Factory/Sanxiang Top Art Funiture/Ngai           35.78
 Kun Trading............................................
Top Goal Development Co.................................           35.78
Transworld (Zhangzhou) Furniture Co. Ltd................           35.78

[[Page 62837]]

 
Wan Bao Chen Group Hong Kong Co. Ltd....................           35.78
Winmost Enterprises Limited.............................           35.78
Xilinmen Group Co. Ltd..................................           35.78
Yongxin Industrial (Holdings) Limited...................           35.78
Zhongshan Gainwell Furniture Co. Ltd....................           35.78
PRC-Wide Rate...........................................          216.01
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Assessment Rates

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. For customers/importers of respondents that did 
not report entered value, we calculated customer/importer-specific 
antidumping duty assessment amounts based on the ratio of the total 
amount of antidumping duties calculated for the examined sales of 
subject merchandise to the total quantity of subject merchandise sold 
in those transactions. For customers/importers of respondents that 
reported entered value, we calculated customer-specific antidumping 
duty assessment amounts based on customer/importer-specific ad valorem 
rates in accordance with 19 CFR 351.212(b)(1). For the companies 
receiving a separate rate that were not selected for individual review 
(i.e., separate rate companies) we will calculate an assessment rate 
based on the weighted average of the cash deposit rates calculated for 
the companies selected for individual review excluding any that are 
zero, de minimis, or based entirely on AFA pursuant to section 
735(c)(5)(B) of the Act. The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after the date of 
publication of the second amended final results of these new shipper 
and administrative reviews.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these second amended final results of this 
administrative review and new shippers for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided for by section 751(a)(2)(C) of 
the Act: (1) For the exporters listed above, the cash deposit rate will 
be the rates shown for those companies (except if the rate is de 
minimis, i.e., less than 0.5 percent, a zero cash deposit will be 
required for that company); (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that have separate rates, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most recent period; (3) for all PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
216.01 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC exporter. These deposit requirements shall remain in 
effect until further notice.
    These second amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: November 5, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-21955 Filed 11-6-07; 8:45 am]
BILLING CODE 3510-DS-P