[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10768-10771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04226]


-----------------------------------------------------------------------

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 and New 
Shipper Reviews; 2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the eighth administrative review (``AR'') and a new shipper review 
(``NSR'') of the antidumping duty order on wooden bedroom furniture 
(``WBF'') from the People's Republic of China (``PRC''). The AR covers 
60 exporters of subject merchandise, of which the Department selected 
three companies for individual examination. The NSR covers one exporter 
and producer of subject merchandise. The period of review (``POR'') for 
the AR and NSR is January 1, 2012, through December 31, 2012. The 
Department preliminarily determines that one of the mandatory 
respondents in the AR and the respondent in the NSR have made sales of 
subject merchandise at less than normal value. Additionally, the 
Department preliminarily determines that it will treat the other two 
mandatory respondents in the AR as part of the PRC-wide entity. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: February 26, 2014.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, Lori Apodaca, or 
Jeffrey Pedersen, AD/CVD Operations, Office IV, Enforcement and 
Compliance, International Trade Administration, Department of Commerce, 
1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 
482-0989,

[[Page 10769]]

(202) 482-4551, and (202) 482-2769, 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 
classified under the Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 9403.50.9042, 9403.50.9045, 9403.50.9080, 
9403.50.9042, 9403.50.9045, 9403.60.8081, 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\ 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, please 
see ``Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative and New Shipper 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 Enforcement and 
Compliance (``Preliminary Decision Memorandum''), dated concurrently 
with this notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting these reviews in accordance with 
sections 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the 
Act'') and 19 CFR 351.214. The Department calculated export prices in 
accordance with section 772 of the Act. Because the PRC is a nonmarket 
economy (``NME'') within the meaning of section 771(18) of the Act, the 
Department calculated normal value in accordance with section 773(c) of 
the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted with this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance'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 at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

PRC-Wide Entity

    In the Initiation Notice for the AR, we stated that ``for exporters 
and producers who submit a separate rate application or separate rate 
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.'' \3\ The Department selected Marvin Furniture 
(Shanghai) Co., Ltd. (``Marvin Furniture''), Foliot/Meubles Furniture 
Inc., Foliot Pacific, and Foliot Corporation (collectively, ``the 
Foliot Group''), and Hualing Furniture (China) Co., Ltd., Tony House 
Manufacture (China) Co., Ltd., Buysell Investments Ltd., and Tony House 
Industries Co., Ltd. (collectively, ``Tony House Group'') as mandatory 
respondents.\4\ Marvin Furniture failed to answer all sections of the 
Department's antidumping questionnaire, failed to respond to a 
supplemental Section A questionnaire, and subsequently withdrew from 
participating in the AR.\5\ The Foliot Group failed to answer two 
supplemental questionnaires pertaining to its Sections A, C, D, and E 
responses and also subsequently withdrew from participating in the 
AR.\6\ As such, for the reasons explained in the Preliminary Decision 
Memorandum, neither Marvin nor the Foliot Group established its 
eligibility for a separate rate, and, thus, we are treating both 
companies as part of the PRC-wide entity. The PRC-wide entity rate is 
216.01 percent.
---------------------------------------------------------------------------

    \3\ See Initiation Notice at 78 FR 13626, 13628.
    \4\ See Preliminary Decision Memorandum.
    \5\ See Letter from Marvin Furniture to Penny Pritzker, 
Secretary of Commerce, Re: ``Withdrawal as Mandatory Respondent from 
the Eighth Administrative Review of Wooden Bedroom Furniture from 
the People's Republic of China,'' dated July 18, 2013.
    \6\ See Letter from the Foliot Group to Penny Pritzker, 
Secretary of Commerce, regarding ``Withdrawal as a Mandatory 
Respondent--Foliot Furniture Inc. Wooden Bedroom Furniture from 
China,'' dated September 12, 2013.
---------------------------------------------------------------------------

    In addition, 44 companies that remain under review failed to 
provide separate rate applications or certifications necessary to 
establish their eligibility for a separate rate. For a complete list of 
these companies, see the Preliminary Decision Memorandum. The 
Department preliminarily determined to treat these 44 companies as part 
of the PRC-wide entity.

Preliminary Results of Review

    Regarding the AR, we preliminarily determine that the following 
weighted-average dumping margins exist for the period January 1, 2012, 
through December 31, 2012.

 
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Hualing Furniture (China) Co., Ltd., Tony House                     3.81
 Manufacture (China) Co., Ltd., Buysell Investments
 Ltd., Tony House Industries Co., Ltd...................
PRC-wide entity.........................................      \7\ 216.01
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \7\ The PRC-Wide Entity includes Marvin Furniture (Shanghai) 
Co., Ltd., Foliot Furniture Pacific Inc., Foliot Furniture 
Corporation, and Foliot Furniture Inc./Meubles Foliot Inc.; and the 
44 entities for which the Department initiated a review but which 
did not establish their separate rate eligibility. See the 
Preliminary Decision Memorandum for the names of the 44 companies.
---------------------------------------------------------------------------

    Regarding the NSR, we preliminarily determine that the following 
weighted-average dumping margin exists for the period January 1, 2012 
through December 31, 2012:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
             Exporter                    Producer             margin
                                                            (percent)
------------------------------------------------------------------------
Dongguan Chengcheng Group Co.,     Dongguan Chengcheng            10.71
 Ltd.                               Group Co., Ltd.
------------------------------------------------------------------------


[[Page 10770]]

Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\8\ 
Rebuttals to case briefs may be filed no later than five days after the 
written comments are filed and all rebuttal comments must be limited to 
comments raised in the case briefs.\9\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\10\ 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.\11\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department will issue the final results of this AR and NSR, 
which will include the results of its analysis of issues raised in any 
briefs received, within 120 days of publication of these preliminary 
results, pursuant to section 751(a)(3)(A) of the Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of these preliminary results.\12\ In accordance with 19 CFR 
351.301(c)(1) (2012), if an interested party submits factual 
information less than ten days before or on the applicable deadline for 
submission of such factual information, an interested party may submit 
factual information to rebut, clarify, or correct the factual 
information no later than ten days after such factual information is 
served on the interested party. However, the Department generally will 
not accept in the rebuttal submission additional or alternative 
surrogate value information not previously on the record, if the 
deadline for submission of surrogate value information has passed.\13\ 
Furthermore, the Department generally will not accept business 
proprietary information in either the surrogate value submissions or 
the rebuttals thereto, as the regulation regarding the submission of 
surrogate values allows only for the submission of publicly available 
information.\14\
---------------------------------------------------------------------------

    \12\ The Department recently announced a change in the deadline 
to submit publicly available information to value factors of 
production under 19 CFR 351.301(c)(3)(ii). To all segments initiated 
on or after May 10, 2013, the deadline to submit publicly available 
information to value factors of production in an administrative 
review is 30 days prior to the scheduled preliminary results of 
review. This change will not apply to the eighth administrative 
review of wooden bedroom furniture from the PRC due to the effective 
date. See Definition of Factual Information and Time Limits for 
Submission of Factual Information, 78 FR 21246 (April 10, 2013).
    \13\ See, e.g., Glycine From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \14\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuing the final results of these reviews, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate entries covered by these reviews.\15\ The Department 
intends to issue assessment instructions to CBP 15 days after the 
publication date of the final results of these reviews.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For each individually examined respondent in these reviews whose 
weighted-average dumping margin is above de minimis (i.e., 0.5 percent) 
in the final results of these reviews, the Department will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1).\16\ Where an importer- (or customer-) specific ad 
valorem rate is greater than de minimis, the Department will instruct 
CBP to collect the appropriate duties at the time of liquidation.\17\ 
Where either a respondent's weighted average dumping margin is zero or 
de minimis, or an importer- (or customer-) specific ad valorem dumping 
margin is zero or de minimis, the Department will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\18\ 
We intend to instruct CBP to liquidate entries of subject merchandise 
exported by the PRC-wide entity at the PRC-wide rate.
---------------------------------------------------------------------------

    \16\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \17\ See 19 CFR 351.212(b)(1).
    \18\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales database submitted by companies 
individually examined during the administrative review, the Department 
will instruct CBP to liquidate such entries at the PRC-wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of 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.\19\
---------------------------------------------------------------------------

    \19\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    Furthermore, Petitioners requested that we issue specific 
liquidation instructions related to certain entries of Marvin 
Furniture's and the Foliot Group's subject merchandise. Due to the 
proprietary nature of these comments, we addressed these comments in a 
separate memorandum.\20\
---------------------------------------------------------------------------

    \20\ See Memorandum from Patrick O'Connor to Abdelali 
Elouaradia, Re: ``2012 Administrative Review of Wooden Bedroom 
Furniture From the People's Republic of China: Entries Made by 
Marvin Furniture and the Foliot Group,'' dated concurrently with 
this notice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these reviews for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that rate 
established in the final results of these reviews (except, if the rate 
is zero or de minimis, then a zero cash deposit will be required); (2) 
for previously investigated or reviewed PRC and non-PRC exporters 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) 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 rate for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter.

[[Page 10771]]

    With respect to Dongguan Chengcheng, the new shipper respondent, 
the Department established a combination cash deposit rate for this 
company, consistent with its practice, as follows: (1) For subject 
merchandise produced and exported by Dongguan Chengcheng, the cash 
deposit rate will be the rate established for Dongguan Chengcheng in 
the final results of the NSR; (2) for subject merchandise exported by 
Dongguan Chengcheng, but not produced by Dongguan Chengcheng, the cash 
deposit rate will be the rate for the PRC-wide entity; and (3) for the 
subject merchandise produced by Dongguan Chengcheng, but not exported 
by Dongguan Chengcheng, the cash deposit rate will be the rate 
applicable to the exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

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 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: February 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Scope of the Order
2. No Shipments
3. Bona Fide Sale Analysis
4. Non-Market Economy Country Status
5. Separate Rates
6. Surrogate Country
7. Economic Comparability
8. Significant Producer of Comparable Merchandise
9. Data Availability
10. Date of Sale
11. Normal Value Comparisons
12. Determination of Comparison Method
13. U.S. Price
14. Normal Value
15. Factor Valuations
16. Currency Conversion

[FR Doc. 2014-04226 Filed 2-25-14; 8:45 am]
BILLING CODE 3510-DS-P