[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Pages 4916-4920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1861]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


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 20, 2008, the Department of Commerce 
(``Department'') published in the Federal Register the final results of 
the second administrative review and concurrent new shipper review of 
the antidumping duty order on wooden bedroom furniture from the 
People's Republic of China (``PRC''). See Wooden Bedroom Furniture from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and New Shipper Review, 73 FR 49162 (August 20, 
2008) (``Final Results'') and accompanying Issues and Decision 
Memorandum (August 8, 2007) (``Issues and Decision Memo''). The period 
of review (``POR'') covered January 1, 2006, through December 31, 2006. 
We are amending our Final

[[Page 4917]]

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, ``the Dare Group'') and Teamway Furniture 
(Dong Guan) Co., Ltd., and Brittomart Inc. (collectively ``Teamway''), 
pursuant to section 751(h) of the Tariff Act of 1930, as amended 
(``Act'') \1\. These corrections will also affect the dumping margins 
for the other companies in the review to which a separate rate applies. 
See the Ministerial Error Memorandum for the Final Results of the 2006 
Administrative and New Shipper Reviews of Wooden Bedroom Furniture from 
the People's Republic China, dated January 23, 2009.
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    \1\ Dumping margins calculated with respect to the new shipper 
review concurrent with this administrative review are unaffected by 
these amended final results.

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DATES: Effective Date: January 28, 2009.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On August 28, 2008,\2\ Petitioners,\3\ Teamway,\4\ and American 
Signature Inc. (``ASI''), interested parties, filed timely ministerial 
error allegations with respect to the Department's antidumping duty 
margin calculation in the Final Results. On September 3, 2008, 
Petitioners and Dare Group filed timely rebuttal comments.
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    \2\ This is the date on which the bracketing final versions of 
these submissions were received by the Department.
    \3\ American Furniture Manufacturers Committee for Legal Trade 
and Vaughan-Bassett Furniture Company.
    \4\ The ministerial error allegations filed by Teamway with the 
Department did not contain a narrative, it only contained 
attachments. However, the copies Teamway served to parties were 
complete. On September 5, 2008, Teamway filed the narrative of its 
ministerial error allegations with the Department.
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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,\5\ highboys,\6\ lowboys,\7\ chests of drawers,\8\ chests,\9\ 
door chests,\10\ chiffoniers,\11\ hutches,\12\ and armoires;\13\ (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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    \5\ 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.
    \6\ 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).
    \7\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \8\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \9\ 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.
    \10\ 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.
    \11\ A chiffonier is typically a tall and narrow chest of 
drawers normally used for storing undergarments and lingerie, often 
with mirror(s) attached.
    \12\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \13\ 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;\14\

[[Page 4918]]

(9) jewelry armoires;\15\ (10) cheval mirrors;\16\ (11) certain metal 
parts;\17\ (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.\18\
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    \14\ 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.
    \15\ 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).
    \16\ 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 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).
    \17\ 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.
    \18\ 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, 007).
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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.

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 Teamway in 
the Final Results. Correction of these errors results in a change to 
Dare Group's and Teamway's final antidumping duty margins. 
Additionally, the rate change for Dare Group and Teamway also affects 
the dumping margins for the other companies subject to the 
administrative review that receive a separate rate. The dumping margin 
for the PRC-wide entity remains unchanged. For a detailed discussion of 
these ministerial errors, as well as the Department's analysis, see the 
Memorandum titled: Ministerial Error Memorandum for the Final Results 
of Reviews of Wooden Bedroom Furniture from the People's Republic of 
China, dated January 23, 2009, (``Ministerial Error Allegation 
Memorandum''). The Ministerial Error Allegation Memorandum is on file 
in the Central Records Unit, room 1117 in the main Department building. 
The index for this memorandum is attached as Appendix 1.
    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 January 23, 2009, and ``Analysis Memorandum for 
the Amended Final Results for Teamway'' dated January 23, 2009. Listed 
below are the weighted average dumping margins resulting from this 
administrative review and new shipper review including the revised 
margins resulting from these amended final results:

                  Wooden Bedroom Furniture From the PRC
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
Fujian Lianfu Forestry Co., Ltd., aka Fujian Wonder Pacific        39.44
 Inc. (Dare Group).........................................
 
Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group)...........        39.44
 
Jiangsu Dare Furniture Co., Ltd. (Dare Group)..............        39.44
Teamway Furniture (Dong Guan) Co. Ltd., Brittomart Inc.....        25.06
BNBM Co., Ltd. (aka Beijing New Material Co., Ltd.)........        33.38
Classic Furniture Global Co., Ltd..........................        33.38
Dalian Guangming Furniture Co., Ltd........................        33.38
Decca Furniture Ltd., aka Decca............................        33.38
Dong Guan Golden Fortune Houseware Co., Ltd................        33.38
Dongguan Mingsheng Furniture Co., Ltd......................        33.38
Dongguan Yihaiwei Furniture Limited........................        33.38
Fortune Furniture Ltd. and its affiliate, Dongguan Fortune         33.38
 Furniture Ltd.............................................
Gaomi Yatai Wooden Ware Co., Ltd., Team Prospect                   33.38
 International Ltd., Money Gain International Co...........
Guangming Group Wumahe Furniture Co., Ltd..................        33.38
Inni Furniture.............................................        33.38
Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd.\19\....       216.01
Meikangchi (Nantong) Furniture Company Ltd.................        33.38
Nanjing Nanmu Furniture Co., Ltd...........................        33.38
Po Ying Industrial Co......................................        33.38
Qingdao Beiyuan-Shengli Furniture Co., Ltd., Qingdao               33.38
 Beiyuan Industry Trading Co. Ltd..........................
Shenzhen Tiancheng Furniture Co., Ltd., Winbuild Industrial        33.38
 Ltd., Red Apple Furniture Co., Ltd. and Red Apple Trading
 Co., Ltd..................................................
Shenyang Kunyu Wood Industry Co., Ltd......................        33.38
Shenzhen Xingli Furniture Co., Ltd.........................        33.38
Tianjin First Wood Co., Ltd................................        33.38
Union Friend International Trade Co., Ltd..................        33.38
Winmost Enterprises Limited................................        33.38

[[Page 4919]]

 
Winny Overseas, Ltd........................................        33.38
Yangchen Hengli Co., Ltd...................................        33.38
Yichun Guangming Furniture Co., Ltd........................        33.38
Zhong Cheng Furniture Co., Ltd.............................        33.38
PRC-Wide Rate \20\.........................................       216.01
------------------------------------------------------------------------
\19\ Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. is subject to
  the new shipper review, not the administrative review. Therefore, it
  dumping margin is unaffected by these amended final results of the
  administrative review.
\20\ The PRC-Wide Rate is unaffected by these amended final results of
  the administrative review.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification 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 violation which is subject to sanction.

Disclosure

    We will disclose the calculations performed for these final results 
within five days of the date of publication of this notice to 
interested parties in accordance with 19 CFR 351.224(b).

Assessment Rate

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries based on the amended final results. For details on 
the assessment of antidumping duties on all appropriate entries, see 
Final Results.
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after the date of publication of the amended 
final results of the administrative review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively on any entries made on or after August 8, 2008, the date 
of publication of the Final Results, 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 amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: January 23, 2009.
Ronald Lorentzen,
Acting Assistant Secretary for Import Administration.

APPENDIX 1

General Issues

Issue 1: Whether the Department Mis-calculated/Mis-applied the 
Surrogate Values (``SV'') for 29 Factors of Production (``FOP'')

Teamway-Specific Issues

Issue 2: Whether the Department Incorrectly Calculated Market 
Economy Purchase (``MEP'') Prices for Certain Inputs.
Issue 3: Whether the Department Applied an Incorrect Truck Freight 
to Certain Inputs.
Issue 4: Whether the Department Omitted Mirrors from Teamway's 
Normal Value Calculations.
Issue 5: Whether the Department Properly Corrected the Electricity 
and Water Usage Rates for the Verification Minor Correction.
Issue 6: Whether the Department Incorrectly Applied Adverse Facts 
Available (``AFA'') to Veneers.
Issue 7: Whether the Department Incorrectly Assigned FOPs to Control 
Numbers (``CONNUMS'') (``pre-POR CONNUMS'') Sold but not Produced 
during the Period of Review (``POR'').
Issue 8: Whether the Department Incorrectly Included Certain 
Transactions in its Margin Calculation for the Final Results.

Dare Group-Specific Issues

Issue 9: Whether the Department Correctly Applied the Cubic-Meters-
to-Pieces Conversion Factor for Semi-finished Furniture.
Issue 10: Whether the Department Should Apply the Average Piece-
Types Conversion Factor for CONNUMs with No Specific Conversion 
Factor Reported to Convert Semi-finished Furniture from its Reported 
Quantity in Cubic Meters (``M3'') to Pieces.
Issue 11: Whether the Department Failed to Weight-Average the Market 
Economy Purchase Prices and Average Unit Values (``AUV'').
Issue 12: Whether the Department Failed to Exclude Non-Subject Piece 
Types From its Margin Calculations.
Issue 13: Whether the Department Included Certain FOPs in the Normal 
Value Calculation.
Issue 14: Whether the Department Failed to Use the Correct 
Conversion Factor for VENEERPLY.
Issue 15: Whether the Department Incorrectly Converted the Currency 
of BIRCHWOOD--SV.
Issue 16: Whether the Department Used the Correct Conversion Factors 
for Certain FOP Freight Costs.
Issue 17: Whether the Department Implemented its Intended AFA with 
Respect to a Type of Plywood.

[[Page 4920]]

Issue 18: Whether the Department Failed to Incorporate Minor 
Corrections Accepted at Verification.
Issue 19: Whether the Department Mistakenly Used an MEP from a 
Subsidy Country to Value an FOP.
Issue 20: Whether the Department Used the Correct Kilogram (``kg'')/
Square Meter (``M2'') Converter for Lauan Veneer (``LAUANVENEER'').
Issue 21: Whether the Department Used an Incorrect SV for Truck 
Freight in the Cost Calculation String for LEATHEROID.
Issue 22: Whether the Department Incorrectly Included Packing Labor 
in the Calculation of the Cost of Manufacture (``COM'') with Respect 
to CONNUMS Reported in the ``Sold Not Produced'' (``SNP'') FOP 
Database.
Issue 23: Whether the Department Made an Error in the Calculation of 
the Surrogate Financial Ratios.
Issue 24: Whether the Department Failed to Deflate SVs Based on 2007 
Import Data.
Issue 25: Whether the Department Applied the Correct kg/Cubic Meter 
(``M3'') Converter for Fiberboard.
Issue 26: Whether the Department Used an Incorrect SV for Philippine 
Harmonized Schedule (``HS'') Number 4407.99.00 in the SNP SV 
Spreadsheet to Value Several Types of Wood and Wood Parts.
 [FR Doc. E9-1861 Filed 1-27-09; 8:45 am]
BILLING CODE 3510-DS-P