[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55809-55811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21959]


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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 and Partial Rescission of Antidumping Duty 
Administrative Review; 2020

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (Commerce) is conducting an administrative 
review of the antidumping duty (AD) order on wooden bedroom furniture 
(WBF) from the People's Republic of China (China) covering the period 
of review (POR) January 1, 2020, through December 31, 2020. Commerce 
has preliminarily determined that the sole mandatory respondent, Hui 
Zhou Tian Mei Investment Co., Ltd. (aka Hui Zhou Tian Mei Furniture 
Co., Ltd.) (Tian Mei), is not eligible for a separate rate and is part 
of the China-wide entity. Commerce is also rescinding this review with 
respect to all companies under review, except Tian Mei, because all 
requests to review these companies have been timely withdrawn. We 
invite interested parties to comment on these preliminary results of 
review.

DATES: Applicable October 7, 2021.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4037.

SUPPLEMENTARY INFORMATION:

Background

    On March 4, 2021, Commerce initiated an administrative review of 
the AD order on WBF from China.\1\ With the exception of Amini 
Innovation Corp., which requested a review of Tian Mei, all other 
parties timely withdrew their review requests in their entirety.\2\ On 
July 8, 2021, we issued an AD questionnaire to Tian Mei.\3\ On July 29, 
2021, Tian Mei explained that ``it cannot adequately provide 
{Commerce{time}  with the information it has requested.'' \4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 12599 (March 4, 2021) (Initiation 
Notice).
    \2\ See American Furniture Manufacturers Committee for Legal 
Trade and Vaughan-Bassett Furniture Company, Inc.'s Letter, ``Wooden 
Bedroom Furniture from the People's Republic of China: Withdrawal Of 
Request For Administrative Review,'' dated May 25, 2021; see also 
Guangzhou Maria Yee Furnishings Ltd., PYLA HK LIMITED, and MARIA 
YEE, INC.'s Letter, ``Wooden Bedroom Furniture from the People's 
Republic of China; Maria Yee's Withdrawal of Request for Review,'' 
dated May 26, 2021.
    \3\ See Commerce's Letter, AD Questionnaire, dated July 8, 2021.
    \4\ See Tian Mei's Letter, ``Wooden Bedroom Furniture from the 
People's Republic of China: Response to the Department's July 8, 
2021 Questionnaire,'' dated July 29, 2021.
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Scope of the Order

    The product covered by the Order is wooden bedroom furniture, 
subject to certain exceptions.\5\ 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 description of the scope of the Order is dispositive.\6\
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    \5\ 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).
    \6\ For a complete description of the scope of the Order, see 
Wooden Bedroom Furniture from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2018, 85 FR 7731 (February 11, 2020) 
and Memorandum, ``Decision Memorandum for the Preliminary Results of 
the Antidumping Duty Administrative Review: Wooden Bedroom Furniture 
from the People's Republic of China,'' dated October 2, 2019.
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Methodology

    Commerce 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.

Separate Rate

    In the Initiation Notice, we informed parties that all firms for 
which a NME review was initiated that wished to qualify for separate 
rate status must complete, as appropriate, either a separate rate 
application or a separate rate certification.\7\ We also informed 
parties that firms that submitted a separate rate application or a 
separate rate certification that are subsequently selected as mandatory 
respondents, would not be eligible for separate rate status unless they 
responded to all parts of the AD questionnaire that Commerce issued to 
them as mandatory respondents.\8\ After Tian Mei submitted a separate 
rate application, Commerce selected Tian Mei as the sole mandatory 
respondent in this review. As noted above, Tian Mei did not respond to 
Commerce's AD questionnaire. Consistent with Commerce's practice in 
such situations, as described in the Initiation Notice, and because 
Tian Mei ceased responding to Commerce's requests for information, 
Commerce has preliminarily determined that Tian Mei did not establish 
its eligibility for separate rate status, and is part of the China-wide 
entity.
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    \7\ See Initiation Notice, 86 FR at 12600.
    \8\ Id. at 12601.
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    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\9\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the

[[Page 55810]]

entity. Because no party requested a review of the China-wide entity, 
the entity is not under review and the weighted-average dumping margin 
assigned to the China-wide entity is not subject to change as a result 
of this review.
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    \9\ 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 (November 4, 2013).
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party that requested a 
review withdraws its request within 90 days of the date of publication 
of the notice of initiation of the requested review in the Federal 
Register. All review requests, except the request to review Tian Mei, 
were timely withdrawn. Therefore, in accordance with 19 CFR 
351.213(d)(1), Commerce is rescinding this review of the AD order on 
wooden bedroom furniture from China with respect to all of the 
companies/company groupings listed in the appendix to this notice.

Public Comment

    Interested parties are invited to comment on these preliminary 
results of review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice in the Federal Register. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the deadline for filing case briefs. Parties who 
submit case or rebuttal briefs are requested to submit with each brief: 
(1) A statement of the issues, (2) a brief summary of the arguments, 
and (3) a table of authorities.\10\ Executive summaries should be 
limited to five pages total, including footnotes.\11\ All submissions, 
with limited exceptions, must be filed electronically via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS).\12\ Electronically filed documents 
must be successfully received in their entirety by Commerce's 
electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the 
due date. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\13\
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    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ Id.
    \12\ See 19 CFR 351.303.
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice in the Federal Register. 
Requests for a hearing should contain: (1) The requesting party's name, 
address, and telephone number; (2) the number of individuals associated 
with the requesting party that will attend the hearing and whether any 
of those individuals is a foreign national; and (3) a list of the 
issues the party intends to discuss at the hearing. Oral arguments at 
the hearing will be limited to issues raised in the case and rebuttal 
briefs. If a request for a hearing is made, Commerce will announce the 
date and time of the hearing. Parties should confirm by telephone the 
date and time of the hearing two days before the scheduled hearing 
date.
    Unless otherwise extended, Commerce intends to issue the final 
results of this review, which will include the results of its analysis 
of issues raised in any case and rebuttal briefs, no later than 120 
days after the date these preliminary results of review are published 
in the Federal Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
covered by this review. If we do not alter these preliminary results of 
review, we intend to instruct CBP to liquidate entries of subject 
merchandise exported by Tian Mei, which preliminarily did not qualify 
for separate rate status, at the China-wide rate.
    Commerce intends to issue assessment instructions regarding Tian 
Mei to CBP no earlier than 35 days after the date of publication of the 
final results of this review in the Federal Register. If a timely 
summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
    Commerce intends to issue assessment instructions regarding the 
companies for which it rescinded this review no earlier than 35 days 
after the date of publication of this notice in the Federal Register. 
Commerce will instruct CBP to liquidate entries of subject merchandise 
exported by the companies for which we rescinded the review at the cash 
deposit rate required at the time of entry.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review in the Federal Register 
for all shipments of WBF from China entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
notice of the final results of this administrative review in the 
Federal Register, as provided for by section 751(a)(2)(C) of the Act: 
(1) For previously investigated or reviewed China and non-China 
exporters that have a separate rate, the cash deposit rate will 
continue to be the exporter's existing cash deposit rate; (2) for all 
China exporters of subject merchandise that do not have a separate 
rate, the cash deposit rate will be the rate China-wide entity rate 
(i.e., 216.01 percent); and (3) for all non-China exporters of subject 
merchandise that do not have their own rate, the cash deposit rate will 
be the rate applicable to the China exporter(s) that supplied that non-
China 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 and/or countervailing duties 
prior to liquidation of the relevant entries during the POR. Failure to 
comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping duties and/or countervailing duties 
occurred and the subsequent assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.213 and 351.221(b)(4).

    Dated: October 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Companies/Company Groupings for Which the Administrative Review Is 
Being Rescinded

1. Dongguan Chengcheng Group Co., Ltd.
2. Dongguan Sunrise Furniture Co.
3. Dongguan Sunrise Furniture Co., Ltd.
4. Eurosa (Kunshan) Co., Ltd.
5. Eurosa Furniture Co., (PTE) Ltd.

[[Page 55811]]

6. Fairmont Designs
7. Fortune Glory Industrial Ltd. (H.K. Ltd.)
8. Fortune Glory Industrial, Ltd. (HK Ltd.)
9. Golden Lion International Trading Ltd.
10. Golden Well International (HK), Ltd.
11. Guangzhou Maria Yee Furnishings Ltd.
12. Hang Hai Woodcraft's Art Factory
13. Jiangmen Kinwai Furniture Decoration Co., Ltd.
14. Jiangmen Kinwai International Furniture Co., Ltd.
15. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
16. Jiangsu Yuexing Furniture Group Co., Ltd.
17. Lianjiang Zongyu Art Products Co., Ltd.
18. Maria Yee, Inc.
19. Meizhou Sunrise Furniture Co., Ltd.
20. Nanhai Jiantai Woodwork Co. Ltd.
21. Nathan International Ltd., Nathan Rattan Factory
22. Perfect Line Furniture Co., Ltd.
23. PuTian JingGong Furniture Co., Ltd.
24. Pyla HK Ltd.
25. Shanghai Sunrise Furniture Co., Ltd.
26. Shenyang Shining Dongxing Furniture Co., Ltd.
27. Shenzhen Forest Furniture Co., Ltd.
28. Shenzhen Jiafa High Grade Furniture Co., Ltd.
29. Shenzhen New Fudu Furniture Co., Ltd.
30. Shenzhen Wonderful Furniture Co., Ltd.
31. Shin Feng Furniture Co., Ltd.
32. Stupendous International Co., Ltd.
33. Sun Fung Co.
34. Sun Fung Wooden Factory
35. Sunforce Furniture (Hui-Yang) Co., Ltd.
36. Superwood Co. Ltd.
37. Taicang Fairmont Designs Furniture Co., Ltd.
38. Taicang Sunrise Wood Industry Co., Ltd.
39. Taicang Sunrise Wood Industry, Co., Ltd.
40. Tradewinds Furniture Ltd. (successor-in-interest to Nanhai 
Jiantai Woodwork Co.)
41. Wuxi Yushea Furniture Co., Ltd.
42. Xiamen Yongquan Sci-Tech Development Co., Ltd.
43. Yeh Brothers World Trade Inc.
44. Yihua Lifestyle Technology Co., Ltd.
45. Yihua Timber Industry Co., Ltd. (a.k.a. Guangdong Yihua Timber 
Industry Co., Ltd.)
46. Zhangjiagang Daye Hotel Furniture Co. Ltd.
47. Zhangzhou Guohui Industrial & Trade Co. Ltd.
48. Zhangzhou XYM Furniture Product Co., Ltd.
49. Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd.
50. Zhongshan Fookyik Furniture Co., Ltd.
51. Zhongshan Golden King Furniture Industrial Co., Ltd.
52. Zhoushan For-Strong Wood Co., Ltd.

[FR Doc. 2021-21959 Filed 10-6-21; 8:45 am]
BILLING CODE 3510-DS-P