[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Notices]
[Pages 8493-8496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02670]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting an administrative
review of the antidumping duty order on wooden bedroom furniture
(``WBF'') from the People's Republic of China (``PRC''). The period of
review (``POR'') is January 1, 2011 through December 31, 2011. During
the review, the two mandatory respondents did not cooperate, and the
Department preliminarily determines to treat these companies as part of
the PRC-wide entity. The Department also preliminarily determines that
six companies made no shipments of subject merchandise during the POR
and will retain their separate rate status, three companies have
demonstrated eligibility for separate rate status, and four companies
have failed to establish eligibility for separate rate status. Lastly,
the Department intends to rescind the review for two companies that are
U.S. importers.
DATES: Effective Date: February 6, 2013.
FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or 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) 482-3627
or (202) 482-0989, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the order is wooden bedroom furniture,
subject to certain exceptions.\1\ Imports of subject merchandise are
currently classified under the Harmonized Tariff Schedule of the United
States (``HTSUS'') subheadings: 9403.50.9042, 9403.50.9045,
9403.50.9080, 9403.50.9041, 9403.60.8081, 9403.20.0018, 9403.90.8041,
7009.92.1000 or 7009.92.5000. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written product
description in the Order remains dispositive.\2\
---------------------------------------------------------------------------
\1\ For the antidumping duty order, see Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture From the People's Republic of China,
70 FR 329 (January 4, 2005) (``Order'').
\2\ For a complete description of the scope of the order, see
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Wooden Bedroom Furniture from the People's
Republic of China,'' from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Import Administration,
(``Preliminary Decision Memorandum''), dated concurrently with this
notice.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Among the companies under review, seven companies reported that
they made no shipments of subject merchandise to the United States
during the POR.\3\ These seven companies are:
[[Page 8494]]
(1) Alexandre International Corp.: Southern Art Development Ltd.;
Alexandre Furniture (Shenzhen) Co., Ltd.; Southern Art Furniture
Factory (collectively, ``Alexandre Group''); (2) Clearwise Company
Limited (``Clearwise''); (3) Dongguan Yujia Furniture Co., Ltd.
(``Yujia''); (4) Golden Well International (HK) Ltd. (``Golden Well'');
(5) Hangzhou Cadman Trading Co., Ltd. (``Cadman''); (6) Yeh Brothers
World Trade, Inc. (``Yeh Brothers''); and (7) Zhejiang Tianyi
Scientific and Educational Equipment Co., Ltd. (``Zhejiang Tianyi'').
---------------------------------------------------------------------------
\3\ For a full explanation of the Department's analysis, see
Memorandum to Abdelali Elouaradia, Director, Office 4, AD/CVD
Operations, regarding ``Analysis of No Sales/Shipments Claims Made
by Certain Companies'' (``No Shipment Claims Memorandum'') dated
concurrently with this notice.
---------------------------------------------------------------------------
Based on the certifications of all companies and our analysis of
U.S. Customs and Border Protection (``CBP'') information, we
preliminarily determine that Clearwise, Yujia, Golden Well, Cadman, Yeh
Brothers, and Zhejiang Tianyi did not have any reviewable transactions
during the POR. However, the Department finds that consistent with its
recently announced refinement to its assessment practice in non-market
economy (``NME'') cases, it is not appropriate to rescind the review
with respect to these companies but, rather, to complete the review
with respect to these six companies and issue appropriate instructions
to CBP based on the final results of the review.\4\ See Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) and the ``Assessment Rates'' section below.
---------------------------------------------------------------------------
\4\ See Id.
---------------------------------------------------------------------------
Record evidence contradicts Alexandre Group's claim of no shipments
during the POR.\5\ For further information regarding our treatment of
the Alexandre Group see the ``Separate Rates'' section below.
---------------------------------------------------------------------------
\5\ See No Shipment Claims Memorandum, dated concurrently with
this notice.
---------------------------------------------------------------------------
Intent to Rescind the Review, in Part
Foliot Furniture Pacific Inc. (``Foliot Pacific''), Foliot
Furniture Corporation (``Foliot Corporation''), and Foliot Furniture
Inc./Meubles Foliot Inc. (``Foliot/Meubles'') requested a review of its
exports and imports of subject merchandise.\6\ While Foliot/Meubles is
a foreign exporter of subject merchandise, Foliot Pacific and Foliot
Corporation have been identified as U.S. importers. The Department does
not conduct administrative reviews of U.S. importers. Therefore, the
Department intends to rescind the review with respect to Foliot Pacific
and Foliot Corporation.
---------------------------------------------------------------------------
\6\ In the Wooden Bedroom Furniture From the People's Republic
of China: Initiation of Administrative Review, 77 FR 12235 (February
29, 2012)(``Initiation Notice''), the Department initiated a review
for both Foliot Furniture Inc. and Meubles Foliot Inc.; however,
Foliot has explained that it requested a review of only one exporter
and it uses both names to refer to the exporter in the course of
business because it has English and French customers. Because of
this, we will treat Foliot Furniture Inc. and Meubles Foliot Inc. as
one company.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). In
making our findings, we have relied, in part, on facts available, and
because the two mandatory respondents did not act to the best of their
ability to respond to the Department's requests for information, we
have drawn an adverse inference in selecting from among the facts
otherwise available.\7\ In addition, we assigned a dumping margin to
the separate rate recipients based on Departmental practice which is
described in the ``Separate Rates'' section below.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). IA ACCESS is available to registered users at
http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at http://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Separate Rates
In the Initiation Notice, we informed parties of the opportunity to
request a separate rate. In proceedings involving NME countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an administrative review involving an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate.
Companies that wanted to be considered for a separate rate in this
review were required to timely file a separate rate application or a
separate rate certification to demonstrate eligibility for a separate
rate. Separate rate applications and separate rate certifications were
due to the Department within 60 calendar days of the publication of the
Initiation Notice.
In the Initiation Notice, we stated that ``for exporters and
producers who submit a separate-rate application or certification and
subsequently are selected as mandatory respondents, these exporters and
producers will no longer be eligible for separate-rate status unless
they respond to all parts of the questionnaire as mandatory
respondents.'' \8\ After we selected Shanghai Maoji Imp and Exp Co.,
Ltd (``Maoji'') and Dongguan Huansheng Furniture Co., Ltd
(``Huansheng'') as mandatory companies, Maoji failed to answer all
sections of the Department's antidumping questionnaire and failed to
respond to a supplemental Section A questionnaire while Huansheng
failed to answer two supplemental questionnaires and withdrew from
participating in the review. Therefore, neither Maoji nor Huansheng has
established its eligibility for a separate rate and we will treat both
companies as part of the PRC-wide entity. The PRC-wide entity rate is
216.01 percent.
---------------------------------------------------------------------------
\8\ See Initiation Notice, 77 FR at 12237.
---------------------------------------------------------------------------
In addition, four companies that remain under review have failed to
provide separate rate applications or certifications necessary to
establish their eligibility for a separate rate.\9\ The Department has
preliminarily determined to treat these companies, namely the Alexandre
Group, Billy Wood, Huanghekou, and Sheng Jing as part of the PRC-wide
entity. As noted above, although the Alexandre Group claimed that it
made no shipments during the POR, record evidence contradicts the
claim.
---------------------------------------------------------------------------
\9\ The company groupings for three of the four companies are as
follows: (1) Billy Wood Industrial (Dong Guan) Co., Ltd.; Great
Union Industrial (Dongguan) Co., Ltd.; Time Faith Ltd.
(collectively, ``Billy Wood''); (2) Dongying Huanghekou Furniture
Industry Co., Ltd. (``Huanghekou''); and (3) Sheng Jing Wood
Products (Beijing) Co., Ltd.; Telstar Enterprises Ltd.
(collectively, ``Sheng Jing'').
---------------------------------------------------------------------------
Lastly, three companies that are still under review, Baigou Crafts
Factory of Fengkai (``Baigou Crafts''), Foliot, and Hualing, applied
for separate rate status.\10\ After examining the
[[Page 8495]]
information provided by these companies, we have preliminarily
determined that Baigou Crafts, Foliot, and Hualing have established
their eligibility for a separate rate. Because the Department is not
calculating antidumping duty margins for the mandatory respondents in
this proceeding, we are relying on the most recent rates calculated for
the nonselected companies in question, unless we calculated in a more
recent review a rate for any company that was not zero, de minimis or
based entirely on facts available. The most recently completed segment
of this proceeding in which an antidumping duty margin was calculated
for a company that was not zero, de minimis, or based entirely on facts
available is the 2009 administrative review in which we calculated an
antidumping duty margin of 41.75 percent for the mandatory respondent
of that review, Dalian Huafeng Furniture Group Co., Ltd. Therefore, the
Department has preliminarily assigned a rate of 41.75 percent to Baigou
Crafts, Foliot, and Hualing.
---------------------------------------------------------------------------
\10\ The three company groupings are Baigou Crafts Factory of
Fengkai (``Baigou Crafts''); Foliot Furniture Inc./Meubles Foliot
Inc. (collectively, ``Foliot'') Hualing Furniture (China) Co., Ltd.;
Tony House Manufacture (China) Co., Ltd.; Buysell Investments Ltd.;
and Tony House Industries Co., Ltd. (collectively, ``Hualing'').
---------------------------------------------------------------------------
Preliminary Results of Review
The Department preliminarily determines that the following dumping
margins exist for the period January 1, 2011, through December 31,
2011:
------------------------------------------------------------------------
Exporter Weighted-Average margin
------------------------------------------------------------------------
Baigou Crafts Factory of Fengkai.......... 41.75
Foliot Furniture Inc./Meubles Foliot Inc.. 41.75
Hualing Furniture (China) Co., Ltd.; Tony 41.75
House Manufacture (China) Co., Ltd.;
Buysell Investments Ltd.; and Tony House
Industries Co., Ltd......................
PRC-wide Entity\11\....................... 216.01
------------------------------------------------------------------------
\11\ The PRC-wide entity includes, among other companies: Shanghai Maoji
Import and Export Corp. Ltd; Dongguan Huansheng Furniture Co., Ltd;
Alexandre International Corp.: Southern Art Development Ltd.;
Alexandre Furniture (Shenzhen) Co., Ltd.; Southern Art Furniture
Factory; Billy Wood Industrial (Dong Guan) Co., Ltd.; Great Union
Industrial (Dongguan) Co., Ltd.; Time Faith Ltd.; Dongying Huanghekou
Furniture Industry Co., Ltd.; Sheng Jing Wood Products (Beijing) Co.,
Ltd.; and Telstar Enterprises Ltd.
Public Comment
Interested parties may submit written comments no later than 30
days after the date of publication of these preliminary results of
review.\12\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\13\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c).
\13\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\14\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\15\ The Department will issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any such comments, within 120 days of publication
of these preliminary results, pursuant to section 751(a)(3)(A) of the
Act.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\16\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. Additionally, pursuant to a recently announced
refinement to its assessment practice in NME cases, if the Department
continues to determine that an exporter under review had no shipments
of the subject merchandise, any suspended entries that entered under
that exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate. For a full discussion of this
practice, see Non-Market Economy Antidumping Proceedings: Assessment of
Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
\16\ See 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 administrative review 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 Cadman,
Clearwise, Golden Well, Yeh Brothers, Yujia, and Zhejiang Tianyi, which
claimed no shipments, the cash deposit rate will remain unchanged from
the rate assigned to these companies in the most recently completed
review of the companies; (2) for Baigou Crafts, Foliot, and Hualing,
which have a separate rate, the cash deposit rates will be the rates
established in the final results of this review; (3) for previously
investigated or reviewed PRC and non-PRC exporters who are not under
review in this segment of the proceeding but who have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (4) for all PRC exporters of
subject merchandise that 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;\17\ and (5) 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 exporter(s) that supplied that non-PRC
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
---------------------------------------------------------------------------
\17\ For an explanation of the calculation of the PRC-wide rate,
see Amended Final Results of Antidumping Duty Administrative Review
and New Shipper Reviews: Wooden Bedroom Furniture From the People's
Republic of China, 72 FR 46957 (August 22, 2007).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections
[[Page 8496]]
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: January 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Respondent Selection
4. Non-Market Economy (``NME'') Country Status
5. Separate Rates
6. Margins for Separate Rate Recipients Not Individually Examined
7. Use of Facts Available and AFA
[FR Doc. 2013-02670 Filed 2-5-13; 8:45 am]
BILLING CODE 3510-DS-P