[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47172-47174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21877]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments in 
Part; 2016

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting the twelfth 
administrative review (AR) 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, 2016, through December 31, 2016. 
This AR covers 13 companies, including one mandatory respondent, Decca 
Furniture Ltd. (Decca). The Department has preliminarily determined 
that four of the 13 companies, including Decca, have not established 
their entitlement to a separate rate and are part of the PRC-wide 
entity. The Department has also preliminarily determined that eight 
companies had no reviewable transactions during the POR. The Department 
has also rescinded the review for Nanhai Jiantai Woodwork Co., Ltd., 
Fortune Glory Industrial, Ltd. (HK Ltd.) (collectively, Fortune Glory), 
for whom all review requests have been withdrawn. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable October 11, 2017.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, 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.

SUPPLEMENTARY INFORMATION: 

[[Page 47173]]

Background

    After initiating this review with respect to 80 companies or 
company groupings,\1\ interested parties withdrew all review requests 
for 67 of the 80 companies. Thus, the Department rescinded this review 
with respect to those companies.\2\ On June 22, 2017, the Department 
issued an antidumping duty questionnaire to Decca, the only company 
under review that filed a separate rate application. Decca did not 
respond to the questionnaire. For a complete description of the events 
that followed the initiation of this administrative review, see the 
Preliminary Decision Memorandum which is hereby adopted by this 
notice.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 13795 (March 15, 2017) (Initiation 
Notice).
    \2\ See Wooden Bedroom Furniture, From the People's Republic of 
China; Partial Rescission of Antidumping Duty Administrative Review, 
82 FR 35929 (August 2, 2017).
    \3\ See ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review: Wooden Bedroom Furniture 
from the People's Republic of China,'' from James Maeder, Senior 
Director, performing the duties of Deputy Assistant Secretary for 
Antidumping Duty and Countervailing Duty Operations, to Gary 
Taverman, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, performing the non-exclusive 
functions and duties of the Assistant Secretary for Enforcement and 
Compliance (Preliminary Decision Memorandum), dated concurrently 
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 (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, Room B8024 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 version of the Preliminary Decision Memorandum are 
identical in content.

Scope of the Order

    The product covered by the Order is wooden bedroom furniture, 
subject to certain exceptions.\4\ On August 29, 2017, the petitioners 
filed comments addressing a U.S. Customs and Border Protection (CBP) 
ruling indicating that CBP would no longer use certain harmonized 
tariff schedules subheadings to classify items within the scope of the 
Order.\5\ In light of the petitioners' comments, we have preliminarily 
revised the scope to include the harmonized tariff schedule numbers 
under which subject merchandise is entered. Under the revised scope, 
imports of subject merchandise are classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings: 9403.90.7005, 
9403.90.7080, 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. Barring any changes to 
this revised language between the issuance of the preliminary and final 
results, this revision will be effective as of the final results of 
this review. For a complete description of the scope of the Order and 
discussion of the revisions to the harmonized tariff schedule numbers 
in the scope, please see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ 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).
    \5\ See letter from the petitioners, re: ``Wooden Bedroom 
Furniture From China: Petitioners' Comments Regarding The Upcoming 
Preliminary Results,'' dated August 29, 2017.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.213. For a full description of the methodology underlying our 
preliminary results of review, see the Preliminary Decision Memorandum. 
A list of topics discussed in the Preliminary Decision Memorandum is 
provided in the Appendix to this notice.

Preliminary Determination of No Shipments

    Because CBP did not provide any information contradicting the 
claims of the eight companies under review which claimed to have made 
no shipments, the Department preliminarily determines that these eight 
companies did not have any reviewable transactions during the POR.\6\ 
For additional information regarding this determination, see the 
Preliminary Decision Memorandum. Consistent with the Department's 
practice in non-market economy (NME) cases, the Department is not 
rescinding this AR, in part, with respect to these eight companies, but 
intends to complete the review with respect to the companies for which 
it has preliminarily found no shipments and issue appropriate 
instructions to CBP based on the final results of the review.\7\
---------------------------------------------------------------------------

    \6\ The eight companies/company groupings are: (1) Dongguan 
Sunrise Furniture Co., Taicang Sunrise Wood Industry, Co., Ltd., 
Shanghai Sunrise Furniture Co., Ltd., Fairmont Designs; (2) Dongguan 
Sunrise Furniture Co., Taicang Sunrise Wood Industry, Co., Ltd., 
Taicang Fairmont Designs Furniture Co., Ltd., Meizhou Sunrise 
Furniture Co., Ltd.; (3) Eurosa (Kunshan) Co., Ltd.; Eurosa 
Furniture Co., (PTE) Ltd.; (4) Golden Well International (HK) 
Limited; Zhangzhou Xym Furniture Product Co., Ltd.; (5) RiZhao Sanmu 
Woodworking Co., Ltd.; (6) Shenyang Shining Dongxing Furniture Co., 
Ltd.; (7) Woodworth Wooden Industries (Dong Guan) Co., Ltd.; and (8) 
Yeh Brothers World Trade Inc.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

Separate Rates

    Because Decca was the only company under review that submitted a 
separate rate application, the Department selected Decca as the sole 
mandatory respondent in this review. As noted above, Decca did not 
respond to the Department's antidumping duty questionnaire. Therefore, 
the Department preliminarily determines that Decca Furniture did not 
establish its eligibility for separate rate status. In addition, three 
other companies for which a review was requested failed to provide 
separate rate applications or certifications.\8\ Therefore, the 
Department preliminarily determines that these four companies are part 
of the PRC-wide entity. Because no party requested a review of the PRC-
wide entity, the entity is not under review, and the entity's rate of 
216.01 percent is not subject to change.\9\ For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ The three companies are: (1) Changshu HTC Import & Export 
Co., Ltd.; (2) Starwood Industries Ltd.; and (3) U-Rich Furniture 
(Zhangzhou) Co., Ltd.; U-Rich Furniture Ltd.
    \9\ See Second Amended Final Results of Antidumping Duty 
Administrative Review: Wooden Bedroom Furniture from the People's 
Republic of China, 72 FR 62834 (November 7, 2007).
---------------------------------------------------------------------------

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the party or parties 
that requested a review withdraws the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
As noted above, the petitioners withdrew their request for an 
administrative review with respect to Fortune Glory within 90 days of 
the publication date of the notice of initiation. No other parties 
requested an administrative review of the order with respect to Fortune 
Glory. Therefore, in accordance

[[Page 47174]]

with 19 CFR 351.213(d)(1), the Department is rescinding this review of 
the AD order on wooden bedroom furniture from the PRC with respect to 
Fortune Glory.

Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically using ACCESS, within 30 days of the date of publication 
of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, 
limited to issues raised in the case briefs, will be due five days 
after the due date for case briefs, pursuant to 19 CFR 351.309(d). 
Parties who submit case or rebuttal briefs in this review are requested 
to submit with each argument a statement of the issue, a summary of the 
argument not to exceed five pages, and a table of statutes, 
regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2).
    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 at the hearing will be limited to 
issues raised in the case briefs. If a request for a hearing is made, 
parties will be notified of the time and date of 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).
---------------------------------------------------------------------------

    Unless extended, the Department intends to issue the final results 
of this AR, 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.

Assessment Rates

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. For Fortune Glory, for which this review is 
rescinded, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions with respect to Fortune Glory to 
CBP 15 days after publication of this notice.
    Upon issuing the final results of this review, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\12\ The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review. We intend to instruct CBP to 
liquidate entries of subject merchandise exported by the PRC-wide 
entity, including Decca and the other three companies noted above which 
did not qualify for separate rate status, at the PRC-wide rate. 
Additionally, pursuant to the Department's practice in NME cases, if we 
continue to determine that the eight companies noted above had no 
shipments of subject merchandise, any suspended entries of subject 
merchandise during the POR under their case numbers will be liquidated 
at the PRC-wide rate.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.212(b).
    \13\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of 
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 previously investigated or 
reviewed PRC and non-PRC exporters 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; (2) 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, which is 216.01 percent; and (3) 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.
    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: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

(1) Summary
(2) Background
(3) Revisions to Harmonized Tariff Schedule Numbers in the Scope
(4) Scope of the Order
(5) Discussion of the Methodology
    a. NME Country Status
    b. Separate Rates
    c. Preliminary Determination of No Shipments
    d. Partial Rescission
(6) Conclusion

 [FR Doc. 2017-21877 Filed 10-10-17; 8:45 am]
 BILLING CODE 3510-DS-P