[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41260-41262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16585]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture from the People's Republic of China: 
Notice of Initiation of Changed Circumstances Review, and Consideration 
of Revocation of the Antidumping Duty Order in Part

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

SUMMARY: Based on a request from Elements International, Inc. 
(``Elements''), the Department of Commerce (the ``Department'') is 
initiating a changed circumstances review to consider the possible 
revocation, in part, of the antidumping duty (``AD'') order on wooden 
bedroom furniture from the People's Republic of China (``PRC'') with 
respect to certain shoe cabinets.

DATES: Efffective Date: July 15, 2014.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Jonathan Hill, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5193 or (202) 482-3518, respectively.

Background

    On January 4, 2005, the Department published the 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). On June 2, 2014, Elements requested 
revocation, in part, of the AD order pursuant to sections 751(b)(1) of 
the Tariff Act of 1930, as amended (``the Act'') and section 351.216(b) 
of the Department's regulations, with respect to certain shoe cabinets. 
On June 3, 2014, American Furniture Manufacturers Committee for Legal 
Trade and Vaughan-Bassett Furniture Company, Inc. (collectively 
``Petitioners'') stated that they agree with the scope exclusion 
language proposed by Elements.

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-on-
chests,\1\ highboys,\2\ lowboys,\3\ chests

[[Page 41261]]

of drawers,\4\ chests,\5\ door chests,\6\ chiffoniers,\7\ hutches,\8\ 
and armoires;\9\ (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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    \1\ 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.
    \2\ 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).
    \3\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \4\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \5\ 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.
    \6\ 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.
    \7\ A chiffonier is typically a tall and narrow chest of drawers 
normally used for storing undergarments and lingerie, often with 
mirror(s) attached.
    \8\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \9\ 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; \10\ (9) jewelry armories; \11\ (10) cheval mirrors; 
\12\ (11) certain metal parts; \13\ (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 \14\ ; and (14) toy 
boxes.\15\
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    \10\ 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.
    \11\ 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).
    \12\ 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).
    \13\ 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.
    \14\ 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).
    \15\ 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 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 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.

Initiation of Changed Circumstances Review, and Consideration of 
Revocation of the Order in Part

    Pursuant to section 751(b) of the Act, the Department will conduct 
a changed circumstances review upon receipt of a request from an 
interested party\16\ which shows changed circumstances sufficient to 
warrant a review of an order.\17\ Based on the information provided by 
Elements and the Petitioners' statement that they agree with Elements' 
exclusion language for certain shoe cabinets, the Department has 
determined that there exist changed circumstances sufficient to warrant 
a changed circumstances review of the AD order on wooden bedroom 
furniture from the PRC.\18\
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    \16\ Elements stated in its April 23 2014 scope ruling request 
that it is an importer of the certain shoe cabinets, which are 
currently subject to this order, and as such is an interested party 
pursuant to 19 CFR 351.102(a)(29)(ii).
    \17\ See 19 CFR 351.216.
    \18\ See section 751(b) of the Act and 19 CFR 351.216(d).
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    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that the Department may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In addition, in the event 
the Department determines that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits the Department to combine the

[[Page 41262]]

notices of initiation and preliminary results. In its administrative 
practice, the Department has interpreted ``substantially all'' to mean 
producers accounting for at least 85 percent of the total U.S. 
production of the domestic like product covered by the order.\19\ 
Because Petitioners did not indicate whether they account for 
substantially all of the domestic production of wooden bedroom 
furniture, we are providing interested parties with the opportunity to 
address the issue of domestic industry support with respect to this 
proposed partial revocation of the order and we are not combining this 
notice of initiation with a preliminary determination pursuant to 19 
CFR 351.221(c)(3)(ii). As explained below, this notice of initiation 
will afford all interested parties an opportunity to address the 
proposed partial revocation.
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    \19\ See, e.g., Certain Cased Pencils From the Peoples' Republic 
of China: Initiation and Preliminary Results of Antidumping duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012) (Pencils), unchanged in Certain Cased 
Pencils From the People's Republic of China: Final Results of 
Antidumping Duty Changed Circumstances Review, and Determination To 
Revoke Order, in Part, 77 FR 53176 (August 31, 2012).
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Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding this changed circumstances review, including 
comments concerning industry support. Comments and factual information 
may be submitted to the Department no later than 14 days after the date 
of publication of this notice. Rebuttal comments and rebuttal factual 
information may be filed with the Department no later than 10 days 
after the comments and/or factual information are filed with the 
Department.\20\ All submissions must be filed electronically using 
Enforcement and Compliance's AD and CVD Centralized Electronic Service 
System (IA ACCESS).\21\ An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, IA ACCESS, by 5 p.m. Eastern Time on the due dates set 
forth in this notice.
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    \20\ See 19 CFR 351.301(b)(2).
    \21\ See, generally, 19 CFR 351.303.
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    The Department will issue the preliminary results of this changed 
circumstances review, in accordance with 19 CFR 351.221(c)(3), which 
will set forth the factual and legal conclusions upon which the 
preliminary results are based, and a description of any action proposed 
because of those results. Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested parties will have an opportunity to comment on the 
preliminary results of the review. In accordance with 19 CFR 
351.216(e), the Department will issue the final results of its AD 
changed circumstance review within 270 days after the date on which the 
review is initiated.
    This initiation is published in accordance with sections 751(b)(1) 
of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

    Dated: July 8, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-16585 Filed 7-14-14; 8:45 am]
BILLING CODE 3510-DS-P