[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]


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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\
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    \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.
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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'').
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    \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.
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    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.
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    \4\ See Id.
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    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.
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    \5\ See No Shipment Claims Memorandum, dated concurrently with 
this notice.
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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.
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    \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.
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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.
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    \7\ See sections 776(a) and (b) of the Act.
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    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.
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    \8\ See Initiation Notice, 77 FR at 12237.
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    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.
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    \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'').
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    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.
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    \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'').
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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
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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
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\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\
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    \12\ See 19 CFR 351.309(c).
    \13\ See 19 CFR 351.309(d).
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    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.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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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).
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    \16\ See 19 CFR 351.212(b)(1).
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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.
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    \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).
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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