[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requests to review these companies have been timely withdrawn.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