[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Notices]
[Pages 13417-13419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6902]



[[Page 13417]]

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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 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. 
On January 28, 2009, the Department published amended final results in 
the Federal Register. See Amended Final Results of Antidumping Duty 
Administrative Review: Wooden Bedroom Furniture From the People's 
Republic of China, 74 FR 4916 (January 28, 2009) (``First Amended Final 
Results''). We are amending our First Amended 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, ``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''). These 
corrections will also affect the dumping margins for the other 
companies in the review to which a separate rate applies. Dumping 
margins calculated with respect to the new shipper review concurrent 
with this administrative review are unaffected by these amended final 
results. See the ``Ministerial Error Memorandum for the Second Amended 
Final Results of the 2006 Administrative Review of Wooden Bedroom 
Furniture from the People's Republic China'' (``Ministerial Error 
Memo''), dated March 20, 2009.

EFFECTIVE DATE: August 20, 2008.

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 February 12, 2009, American Furniture Manufacturers Committee 
for Legal Trade and Vaughan-Bassett Furniture Company (``Petitioners'') 
filed timely ministerial error allegations with respect to the 
Department's antidumping duty margin calculation in the First Amended 
Final Results. Teamway filed timely ministerial error allegations on 
February 17, 2009. No other interested party filed comments, and no 
interested party submitted rebuttal comments.

Scope of the 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,\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 armoires;\11\ (10) cheval

[[Page 13418]]

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\ and (14) toy 
boxes.\15\ 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.''
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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 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).
    \12\ Cheval mirrors are 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).
    \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 the 
Harmonized Tariff Schedule of the United States (``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. 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).
    \15\ To be excluded the toy box must: 1) be wider than it is 
tall; (2) have dimensions within 16 - 27 inches in height, 15 - 18 
inches in depth, and 21 - 30 inches in width; (3) have a hinged lid 
that encompasses the entire top of the box; (4) not incorporate any 
doors or drawers; (5) have slow-closing safety hinges; (6) have air 
vents; (7) have no locking mechanism; and (8) comply with American 
Society for Testing and Materials (ASTM) standard F963-03. Toy boxes 
are boxes generally designed for the purpose of storing children's 
items such as toys, books, and playthings. See Wooden Bedroom 
Furniture from the People's Republic of China: Final Results of 
Changed Circumstances Review and Determination to Revoke Order in 
Part, 74 FR 8506 (February 25, 2009).
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    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 the Dare Group and Teamway 
in the First Amended Final Results. Correction of these errors results 
in a change to the Dare Group's and Teamway's final antidumping duty 
margins. Additionally, the rate change for the 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 
Ministerial Error Memo. The Ministerial Error Memo is on file in the 
Central Records Unit, room 1117 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 First Amended 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 Second 
Amended Final Results for the Dare Group,'' dated March 20, 2009, and 
``Antidumping Duty Administrative Review: Wooden Bedroom Furniture from 
the People's Republic of China: Analysis of the Second Amended Final 
Results Margin Calculation for Teamway Furniture (Dong Guan) Ltd. and 
Brittomart Incorporated,'' dated March 20, 2009. Listed below are the 
revised weighted-average dumping margins resulting from these amended 
final results:

                  Wooden Bedroom Furniture from the PRC
------------------------------------------------------------------------
                                               Weighted-Average Margin
                 Exporter                             (Percent)
------------------------------------------------------------------------
Fujian Lianfu Forestry Co., Ltd., aka                              39.46
 Fujian Wonder Pacific Inc. (Dare Group)..
Fuzhou Huan Mei Furniture Co., Ltd. (Dare                          39.46
 Group)...................................
Jiangsu Dare Furniture Co., Ltd. (Dare                             39.46
 Group)...................................
Teamway Furniture (Dong Guan) Co. Ltd.,                            22.29
 Brittomart Inc...........................
BNBM Co., Ltd. (aka Beijing New Material                           32.23
 Co., Ltd.)...............................
  Classic Furniture Global Co., Ltd.......                         32.23
Dalian Guangming Furniture Co., Ltd.......                         32.23
Decca Furniture Ltd., aka Decca...........                         32.23
Dong Guan Golden Fortune Houseware Co.,                            32.23
 Ltd......................................
Dongguan Mingsheng Furniture Co., Ltd.....                         32.23
Dongguan Yihaiwei Furniture Limited.......                         32.23
Fortune Furniture Ltd. and its affiliate,                          32.23
 Dongguan Fortune Furniture Ltd...........
Gaomi Yatai Wooden Ware Co., Ltd., Team                            32.23
 Prospect International Ltd., Money Gain
 International Co.........................

[[Page 13419]]

 
Guangming Group Wumahe Furniture Co., Ltd.                         32.23
Inni Furniture............................                         32.23
Mei Jia Ju Furniture Industrial (Shenzhen)                        216.01
 Co. Ltd.\16\.............................
Meikangchi (Nantong) Furniture Company                             32.23
 Ltd......................................
Nanjing Nanmu Furniture Co., Ltd..........                         32.23
Po Ying Industrial Co.....................                         32.23
Qingdao Beiyuan-Shengli Furniture Co.,                             32.23
 Ltd., Qingdao Beiyuan Industry Trading
 Co. Ltd..................................
Shenzhen Tiancheng Furniture Co., Ltd.,                            32.23
 Winbuild Industrial Ltd., Red Apple
 Furniture Co., Ltd. and Red Apple Trading
 Co., Ltd.................................
Shenyang Kunyu Wood Industry Co., Ltd.....                         32.23
Shenzhen Xingli Furniture Co., Ltd........                         32.23
Tianjin First Wood Co., Ltd...............                         32.23
Union Friend International Trade Co., Ltd.                         32.23
Winmost Enterprises Limited...............                         32.23
Winny Overseas, Ltd.......................                         32.23
Yangchen Hengli Co., Ltd..................                         32.23
Yichun Guangming Furniture Co., Ltd.......                         32.23
Zhong Cheng Furniture Co., Ltd............                         32.23
PRC-Wide Rate\17\.........................                        216.01
------------------------------------------------------------------------
\16\ Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. is subject to
  the new shipper review, not the administrative review. Therefore, its
  dumping margin is unaffected by these second amended final results of
  the administrative review.
\17\ The PRC-Wide Rate is unaffected by these second 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 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 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 second amended final results. For 
details on the assessment of antidumping duties on all appropriate 
entries, see Final Results.

Cash Deposit Requirements

    The following cash deposit requirements, pursuant to 751(a)(2)(C) 
of the Act, will be effective retroactively on any entries made on or 
after August 20, 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: (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: March 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-6902 Filed 3-26-09; 8:45 am]
BILLING CODE 3510-DS-S