[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68138-68140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28560]
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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 the 2010 Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 10, 2011, the Department of Commerce
(``Department'') published its Preliminary Results for the January 1,
2010, through December 31, 2010, new shipper review of wooden bedroom
furniture (``WBF'') from the People's Republic of China (``PRC'').\1\
Although invited to do so, interested parties did not comment on our
Preliminary Results. Therefore, the Preliminary Results are hereby
adopted as the final results.
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\1\ See Wooden Bedroom Furniture From the People's Republic of
China: Preliminary Results of Antidumping Duty New Shipper Review,
76 FR 49443 (August 10, 2011) (``Preliminary Results'').
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DATES: Effective Date: November 3, 2011.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Jeffrey Pedersen,
AD/CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0989
and (202) 482-2769, respectively.
Background
On August 10, 2011, the Department published its Preliminary
Results of the review of the antidumping order on WBF from the PRC for
Dongguan Yujia Furniture Co., Ltd. (``Yujia'') covering the period
January 1, 2010, through December 31, 2010. No parties commented on the
Preliminary Results.
Scope of the Order
The product covered by the order is WBF. WBF 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, 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,\2\ highboys,\3\ lowboys,\4\ chests of drawers,\5\ chests,\6\
door chests,\7\ chiffoniers,\8\ hutches,\9\ and armoires; \10\
[[Page 68139]]
(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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\2\ 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.
\3\ 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).
\4\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\5\ A chest of drawers is typically a case containing drawers
for storing clothing.
\6\ 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.
\7\ 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.
\8\ A chiffonier is typically a tall and narrow chest of drawers
normally used for storing undergarments and lingerie, often with
mirror(s) attached.
\9\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\10\ 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; \11\ (9) jewelry armories; \12\ (10) cheval mirrors;
\13\ (11) certain metal parts; \14\ (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 \15\ and (14) toy boxes.\16\
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\11\ 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 CBP's Headquarters Ruling Letter 043859,
dated May 17, 1976.
\12\ Any armoire, cabinet or other accent item for the purpose
of storing jewelry, not to exceed 24 inches in width, 18 inches in
depth, and 49 inches 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: Final Changed Circumstances Review, and
Determination To Revoke Order in Part, 71 FR 38621 (July 7, 2006).
\13\ Cheval mirrors are any framed, tiltable mirror with a
height in excess of 50 inches 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 line 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 Changed Circumstances Review and Determination To Revoke Order
in Part, 72 FR 948 (January 9, 2007).
\14\ 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
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
\15\ 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).
\16\ To be excluded the toy box must: (1) Be wider than it is
tall; (2) have dimensions within 16 inches to 27 inches in height,
15 inches to 18 inches in depth, and 21 inches to 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). Further, as determined in the scope ruling memorandum
``Wooden Bedroom Furniture from the People's Republic of China:
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the
dimensional ranges used to identify the toy boxes that are excluded
from the wooden bedroom furniture order apply to the box itself
rather than the lid.
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Imports of subject merchandise are classified under subheadings
9403.50.9042 and 9403.50.9045 of the U.S. Harmonized Tariff Schedule
(``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 9403.50.9042 or 9403.50.9045 of the
HTSUS as ``parts of wood.'' Subject merchandise may also be entered
under subheadings 9403.50.9041, 9403.60.8081, or 9403.20.0018. Further,
framed glass mirrors may be entered under subheading 7009.92.1000 or
7009.92.5000 of the HTSUS as ``glass mirrors * * * framed.'' The order
covers all WBF 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.
Analysis of Comments Received
Because no parties commented on the Preliminary Results, we have
adopted the Preliminary Results as the final results, including the
margin determined therein.\17\
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\17\ See 76 FR 49443.
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Final Results of Review
We find that the following weighted-average dumping margin exists
for Yujia for the period January 1, 2010, through December 31, 2010:
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Weighted-
average
Exporter-Producer margin
(percent)
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Dongguan Yujia Furniture Co., Ltd., Exporter/Producer....... 0.00
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[[Page 68140]]
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this review.
The Department intends to issue assessment instructions to CBP 15 days
after the publication date of the final results of this review. In
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or
customer-) specific assessment rates for the merchandise subject to
this review. We calculated importer- (or customer-) specific ad valorem
rates for Yujia by aggregating the dumping margins calculated for all
U.S. sales to each importer (or customer) and dividing this amount by
the total entered value of the sales to each importer (or customer).
Where an importer- (or customer-) specific ad valorem rate is greater
than de minimis, we will apply the assessment rate to the entered value
of the importers'/customers' entries during the period of review,
pursuant to 19 CFR 351.212(b)(1).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for
shipments of subject merchandise from Yujia entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for subject merchandise exported and produced by Yujia is zero;
therefore no cash deposit will be required for entries of subject
merchandise exported and produced by Yujia ; (2) for subject
merchandise exported by Yujia but not produced by Yujia the cash
deposit rate will continue to be the PRC-wide rate of 216.01 percent;
(3) for subject merchandise produced by Yujia but not exported by Yujia
the cash deposit rate will be the rate applicable to the exporter.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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 APO in accordance with 19
CFR 351.305, 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 that is subject to
sanction.
This notice of the final results of this new shipper review is
issued and published in accordance with sections 751(a)(2)(B),
751(a)(2)(C), and 777(i) of the Act and 19 CFR 351.214(h) and 19 CFR
351.221(b)(5).
Dated: October 27, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-28560 Filed 11-2-11; 8:45 am]
BILLING CODE 3510-DS-P