[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21536-21538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8599]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Final Rescission of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 10, 2012, the Department of Commerce (the 
``Department'') published the preliminary rescission of the new shipper 
review (``NSR'') of wooden bedroom furniture (``WBF'') from the 
People's Republic of China (``PRC'') covering the period of review 
(``POR'') January 1, 2011, through June 30, 2011.\1\ After analyzing 
the comments submitted by parties with respect to Marvin Furniture 
(Shanghai) Co., Ltd. (``Marvin Furniture''), the Department continues 
to find that Marvin Furniture failed to satisfy the requirements for an 
NSR. Therefore, the Department is rescinding Marvin Furniture's NSR.
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    \1\ See Wooden Bedroom Furniture From the People's Republic of 
China: Preliminary Rescission of Antidumping Duty New Shipper 
Review, 77 FR 1456 (January 10, 2012) (``Preliminary Rescission'').

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DATES: Effective Date: April 10, 2012.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, 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.

SUPPLEMENTARY INFORMATION:

Background

    On January 10, 2012, the Department published the Preliminary 
Rescission of this NSR.\2\ On February 9, 2012, we received case briefs 
and a request for a hearing from Marvin Furniture. On February 16, 
2012, the Department rejected Marvin Furniture's case brief because it 
contained untimely factual information. The Department informed Marvin 
Furniture that it could re-file its case brief by February 17, 2012, 
after removing the untimely factual information in the brief. On 
February 17, 2012, Marvin Furniture re-filed its case brief after 
removing the information at issue but protested the finding that its 
case brief contained untimely factual information. On February 17, 
2012, we received rebuttal briefs from the American Furniture 
Manufacturers Committee for Legal Trade and Vaughan-Basset Furniture 
Company, Inc. (collectively, ``Petitioners''). On March 7, 2012, the 
Department held a closed hearing.
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    \2\ See Preliminary Rescission.
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Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties in this review are addressed in the memorandum from Gary 
Taverman, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, ``Issues and Decision Memorandum for the 
Final Rescission of the New Shipper Review of Wooden Bedroom Furniture 
from the People's Republic of China for Marvin Furniture (Shanghai) 
Co., Ltd.'' (``I&D Memorandum''), which is dated concurrently with this 
notice and which is hereby adopted by this notice. The issue which 
parties raised, and to which we respond, in the I&D Memorandum is 
whether to rescind the NSR for Marvin Furniture. The I&D Memorandum is 
a public document and is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Services System (``IA ACCESS''). Access to IA ACCESS is 
available in the Central Records Unit of the main Commerce Building, 
Room 7046. In addition, a complete version of the I&D Memorandum is 
accessible on the Department's web site at http://www.trade.gov/ia/. 
The paper copy and electronic versions of the I&D Memorandum are 
identical in content.

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, 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-

[[Page 21537]]

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 armories; \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; (13) upholstered beds \16\ and (14) toy boxes.\17\
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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 U.S. Customs and Border Protection's 
(``CBP's) 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 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).
    \14\ 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).
    \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 HTSUS 
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
    \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).
    \17\ 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, 9403.20.0018, or 
9403.90.8041.\18\ 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 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.
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    \18\ On October 27, 2011, CBP provided notification that HTSUS 
number 9403.90.8041 should be added to the scope of the order, as 
certain articles under this number may fall within the scope. See 
Memorandum from Patrick O'Connor to the File, ``Request for Customs 
and Border Protection to Update AD/CVD Module for Wooden Bedroom 
Furniture from the People's Republic of China,'' dated January 4, 
2012.
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Final Rescission of the Antidumping New Shipper Review of Marvin 
Furniture

    In the Preliminary Rescission, the Department determined to rescind 
the NSR of Marvin Furniture because Marvin Furniture's subject 
merchandise was entered into the United States for consumption prior to 
the POR and it did not report this fact to the Department in its 
request for an NSR. The Department continues to find that Marvin 
Furniture's request for an NSR does not meet the requirements for an 
NSR under 19 CFR 351.214(b)(2)(iv)(A) and (B). Specifically, Marvin 
Furniture's request for an NSR did not contain

[[Page 21538]]

documentation establishing the date on which its subject merchandise 
was first entered into the United States for consumption and the volume 
of that first entry. For further discussion of this issue, see the I&D 
Memorandum.

Assessment Rates

    Because the Department is rescinding Marvin Furniture's NSR, the 
assessment rate to which Marvin Furniture's shipments will be subject 
will not be affected by this review. The assessment rate, however, 
could change because the Department is currently conducting an 
administrative review of the antidumping duty order on WBF from the PRC 
covering the period of January 1, 2011, through December 31, 2011.\19\ 
Effective upon publication of this notice, the Department will instruct 
CBP to continue to suspend entries during the period January 1, 2011, 
through December 31, 2011, of subject merchandise exported by Marvin 
Furniture until CBP receives instructions relating to the 
administrative review of the WBF order covering the period January 1, 
2011, through December 31, 2011.
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    \19\ See Wooden Bedroom Furniture from the People's Republic of 
China: Initiation of Administrative Review, 77 FR 12235 (February 
29, 2012).
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Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of Marvin Furniture, the Department will instruct CBP to 
discontinue the option of posting a bond or security in lieu of a cash 
deposit for entries of subject merchandise exported by Marvin 
Furniture. Cash deposits will continue to be required for exports of 
subject merchandise by Marvin Furniture entered, or withdrawn from 
warehouse, for consumption on or after the publication date of this 
notice at the PRC-wide rate, 216.01 percent.

Notification to Importers

    This notice 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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (``APO'') 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 or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended and 19 
CFR 351.214(f).

    Dated: April 3, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-8599 Filed 4-9-12; 8:45 am]
BILLING CODE 3510-DS-P