[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24749-24751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11081]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments in Part; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that eight of
the 13 companies under review have not demonstrated eligibility for a
separate rate and the other five companies under review had no
shipments of subject merchandise during the period of review (POR)
January 1, 2017, through December 31, 2017.
DATES: Applicable May 29, 2019.
[[Page 24750]]
FOR FURTHER INFORMATION CONTACT: Howard Smith, AD/CVD Operations,
Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5193.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2018, Commerce published its Preliminary Results of
the review of the antidumping duty order on wooden bedroom furniture
(WBF) from the People's Republic of China (China) covering the period
January 1, 2017, through December 31, 2017.\1\ On January 10, 2019, the
American Furniture Manufacturers Committee for Legal Trade and Vaughan-
Bassett Furniture Company, Inc. (collectively, the petitioners) filed a
case brief.\2\ No rebuttal briefs were filed.
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\1\ See Wooden Bedroom Furniture from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2017, 83 FR 63829 (December 12, 2018) (Preliminary Results).
\2\ See Petitioners' Letter, ``Wooden Bedroom Furniture from the
People's Republic of China: Petitioners' Case Brief,'' dated January
10, 2019 (Petitioners' Case Brief).
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ The revised
deadline for the final results of review is now May 21, 2019.
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\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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Scope of the Order
The product covered by the Order is wooden bedroom furniture,
subject to certain exceptions.\4\ 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,
9403.90.7005, 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.\5\
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\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\ For a complete description of the scope of the Order, see
Memorandum, ``Issue and Decision Memorandum for the Final Results of
the 2017 Administrative Review of Wooden Bedroom Furniture from the
People's Republic of China,'' dated concurrently with this notice
(Issue and Decision Memorandum).
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Analysis
In the Preliminary Results, Commerce: (1) Determined that eight
companies, including the sole mandatory respondent, Decca Furniture
Ltd. (Decca), did not establish their eligibility for a separate rate
and are part of the China-wide entity; \6\ and (2) determined that five
companies had no shipments of subject merchandise.\7\ For these final
results of review, we have continued to treat the eight companies,
including Decca, as part of the China-wide entity and have continued to
find that five companies had no shipments during the POR. Because no
party requested a review of the China-wide entity, we are not
conducting a review of the China-wide entity.\8\ Thus, there is no
change to the rate for the China-wide entity from the Preliminary
Results. The existing rate for the China-wide entity is 216.01 percent.
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\6\ The other seven companies are: (1) Dongguan Kingstone
Furniture Co., Ltd.; Kingstone Furniture Co., Ltd.; (2) Kunshan
Summit Furniture Co., Ltd.; (3) Qingdao Liangmu Co., Ltd.; (4)
Restonic (Dongguan) Furniture Ltd.; Restonic Far East (Samoa) Ltd.;
(5) Rizhao Sanmu Woodworking Co., Ltd.; (6) Techniwood Industries
Ltd.; Ningbo Furniture Industries Ltd.; Ningbo Hengrun Furniture
Co., Ltd.; and (7) Zhangjiagang Zheng Yan Decoration Co., Ltd. See
Preliminary Results at 63829.
\7\ The five companies/company groupings are: (1) Dongguan
Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co.,
Ltd., Taicang Fairmount Designs Furniture Co., Ltd., Meizhou Sunrise
Furniture Co., Ltd.; (2) Dongguan Sunrise Furniture Co., Taicang
Sunrise Wood Industry Co., Ltd., Shanghai Sunrise Furniture Co.
Ltd., Fairmont Designs; (3) Eurosa (Kunshan) Co., Ltd., Eurosa
Furniture Co., (PTE) Ltd.; (4) Shenyang Shining Dongxing Furniture
Co., Ltd.; and (5) Yeh Brothers World Trade Inc. See Preliminary
Results at 63829.
\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
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For additional details, see the Issue and Decision Memorandum,
which 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 Issue and Decision Memorandum can
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the Issue and
Decision Memorandum are identical in content. The issue raised by the
petitioners in their case brief is identified in the Appendix to this
notice.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. Commerce intends to issue
assessment instructions to CBP 15 days after the publication date of
the final results of this review. Commerce will instruct CBP to
liquidate any entries of subject merchandise exported during this POR
by Decca and the other seven companies noted above which did not
qualify for separate rate status, at the China-wide rate.
Additionally, pursuant to Commerce's practice in non-market economy
cases, if there are any suspended entries of subject merchandise during
the POR under the case numbers of the five companies that claimed no
shipments of subject merchandise during the POR, they will be
liquidated at the China-wide rate.\9\
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\9\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date in the
Federal Register of the final results of this review, as provided by
section 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed China and non-China exporters which are not under review in
this segment of the proceeding but which 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 China 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 China-
wide entity, which is 216.01 percent; and (3) for all non-China
exporters of subject merchandise which have not received
[[Page 24751]]
their own rate, the cash deposit rate will be the rate applicable to
the China exporter that supplied that non-China exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
This notice also serves as a final 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 Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation that is subject to sanction.
This notice of the final results of this antidumping duty
administrative review is issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
Dated: May 21, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Commerce Should Assign the Mandatory Respondent Decca a
Rate Based on Total Adverse Facts Available
V. Recommendation
[FR Doc. 2019-11081 Filed 5-28-19; 8:45 am]
BILLING CODE 3510-DS-P