[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61291-61293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22006]


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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 of Antidumping Duty Administrative Review; 
Rescission, in Part; and Preliminary Determination of No Shipments; 
2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that of the 33 companies/company groupings under review, 
nine of the companies/company groupings have not established their 
entitlement to a separate rate and are part of the People's Republic of 
China (China)-wide entity; seven companies/company groupings had no 
reviewable sales of wooden bedroom furniture (WBF) during the period of 
review (POR) January 1, 2021, through December 31, 2021; and all 
requests to review the remaining 17 companies/company groupings were 
timely withdrawn (thus, Commerce is rescinding this review with respect 
to these entities). We invite interested parties to comment on these 
preliminary results of review.

DATES: Applicable October 11, 2022.

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 January 11, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty (AD) order on WBF from China.\1\ After receiving 
review requests,\2\ Commerce initiated this review.\3\ In March and 
April 2022, seven companies/company groupings submitted no shipment 
certifications.\4\ Also in April 2022, various companies filed separate 
rate applications or certifications, along with a response to 
Commerce's quantity and value

[[Page 61292]]

questionnaire and certain additional information requested in a 
document package on Commerce's website. In June 2022, interested 
parties timely withdrew all review requests for 17 companies/company 
groupings under review.\5\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 1396 (January 11, 
2022).
    \2\ See American Furniture Manufacturers Committee for Legal 
Trade and Vaughan-Bassett Furniture Company, Inc.'s (the 
petitioners) Letter, ``Wooden Bedroom Furniture from the People's 
Republic of China: Request For Initiation Of Administrative 
Review,'' dated January 31, 2022; see also Guangzhou Maria Yee 
Furnishings Ltd., Pyla HK Limited, and Maria Yee, Inc's 
(collectively, Maria Yee) Letter, ``Wooden Bedroom Furniture from 
the People's Republic of China; Request for Administrative Review 
and Request for Voluntary Respondent Treatment,'' dated January 26, 
2022.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 13252 (March 9, 2022) (Initiation 
Notice).
    \4\ See Eurosa's Letter, ``Eurosa (Kunshan) Co., Ltd. And Eurosa 
Furniture Co., (PTE) Ltd.'s Statement of No Shipments during the POR 
2021, Wooden Bedroom Furniture from the People's Republic of 
China,'' dated March 22, 2022; see also Zhangzhou Guohui's Letter, 
``Wooden Bedroom Furniture from the People's Republic of China: No 
Shipment Certification and Response to Quantity and Value 
Questionnaire,'' dated April 1, 2022; Shenyang Shining's Letter, 
``Wooden Bedroom Furniture from the People's Republic of China: No 
Shipment Letter and Response to Quantity and Value Questionnaire 
Response,'' dated April 6, 2022; Nanhai Jiantai and Fortune Glory's 
Letter, ``Seventeenth Administrative Review of the Antidumping Duty 
Order on Wooden Bedroom Furniture from the People's Republic of 
China--No Shipment Certification of Nanhai Jiantai Woodwork Co., 
Ltd. and Fortune Glory Industrial Ltd. (H.K. Ltd.),'' dated April 7, 
2022; Yeh Brothers's Letter, ``No Shipment Letter and Quantity and 
Value Questionnaire Response for Yeh Brothers World Trade, Inc. in 
the Seventeenth Administrative Review of Wooden Bedroom Furniture 
from People's Republic of China, Case No. A-570-890,'' dated April 
8, 2022; Kinwai International's Letter, ``No Shipment Letter for 
Jiangmen Kinwai International Furniture Co., Ltd., 2021 
Administrative Review of Wooden Bedroom Furniture from People's 
Republic of China,'' dated April 8, 2022; and Kinwai Furniture's 
Letter, ``No Shipment Letter for Jiangmen Kinwai Furniture 
Decoration Co., Ltd., 2021 Administrative Review of Wooden Bedroom 
Furniture from People's Republic of China,'' dated April 8, 2022. 
Kinwai International and Kinwai Furniture also filed no shipment 
certifications on March 28, 2022. See Kinwai International's Letter, 
'' No Shipment Letter for Jiangmen Kinwai International Furniture 
Co., Ltd., ``2021 Administrative Review of Wooden Bedroom Furniture 
from People's Republic of China,'' dated March 28, 2022; and Kinwai 
Furniture's Letter, ``No Shipment Letter for Jiangmen Kinwai 
Furniture Decoration Co., Ltd., 2021 Administrative Review of Wooden 
Bedroom Furniture from People's Republic of China'' dated March 28, 
2022.
    \5\ See Petitioner's Letter, ``Wooden Bedroom Furniture from the 
People's Republic of China: Partial Withdrawal Of Request For 
Administrative Review,'' dated June 3, 2022; see also Maria Yee's 
Letter, ``Wooden Bedroom Furniture from the People's Republic of 
China: Maria Yee's Withdrawal of Request for Review,'' dated June 3, 
2022.
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Scope of the Order

    The product covered by the Order is WBF, subject to certain 
exceptions.\6\ 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.\7\
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    \6\ 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).
    \7\ For a complete description of the scope of the Order, see 
Wooden Bedroom Furniture from the People's Republic of China: 
Continuation of Antidumping Duty Order, 87 FR 56397 (September 14, 
2022).
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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.

Preliminary Determination of No Shipments

    In March and April 2022, the following seven companies/company 
groupings timely filed certifications that they did not export or sell 
subject merchandise during the POR: (1) Eurosa (Kunshan) Co., Ltd. and 
Eurosa Furniture Co., (PTE) Ltd. (Eurosa); (2) Jiangmen Kinwai 
Furniture Decoration Co., Ltd. (Kinwai Furniture); (3) Jiangmen Kinwai 
International Furniture Co., Ltd. (Kinwai International); (4) Nanhai 
Jiantai Woodwork Co. Ltd. (Nanhai Jiantai) and Fortune Glory 
Industrial, Ltd. (HK Ltd.) (Fortune Glory); (5) Shenyang Shining 
Dongxing Furniture Co., Ltd. (Shenyang Shining); (6) Yeh Brothers World 
Trade Inc. (Yeh Brothers); and (7) Zhangzhou Guohui Industrial & Trade 
Co., Ltd. (Zhangzhou Guohui) \8\ Based on our analysis of information 
that we obtained from U.S. Customs and Border Protection (CBP), and the 
companies' certifications, we have preliminarily determined that the 
seven companies/company groupings listed above did not export or sell 
subject merchandise during the POR.\9\
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    \8\ See ``Background'' section, supra.
    \9\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Information Relating to No Shipment Claims,'' dated 
September 23, 2022.
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    Consistent with Commerce's practice in non-market economy (NME) 
cases, we are not rescinding this administrative review with respect to 
these seven companies/company groupings, but intend to complete the 
review with respect to these entities and issue appropriate 
instructions to CBP based on the final results of the review.\10\
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    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); and 
the ``Assessment Rates'' section, infra.
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Separate Rates

    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.\11\ The following nine 
companies/company groupings for which a review was requested, failed to 
provide a separate rate application or certification: (1) Dongguan 
Sunrise Furniture Co., Taicang Sunrise Wood Industry, Co., Ltd., 
Shanghai Sunrise Furniture Co., Ltd., Fairmont Designs; (2) Dongguan 
Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co., Ltd., 
Taicang Fairmont Designs Furniture Co., Ltd., Meizhou Sunrise Furniture 
Co., Ltd.; (3) Hang Hai Woodcraft's Art Factory; (4) Shenzhen Forest 
Furniture Co., Ltd.; (5) Sunforce Furniture (Hui-Yang) Co., Ltd., Sun 
Fung Wooden Factory, Sun Fung Co., Shin Feng Furniture Co., Ltd., 
Stupendous International Co., Ltd.; (6) Superwood Co. Ltd., Lianjiang 
Zongyu Art Products Co., Ltd.; (7) Xiamen Yongquan Sci-Tech Development 
Co., Ltd.; (8) Yihua Timber Industry Co., Ltd. (a.k.a. Guangdong Yihua 
Timber Industry Co., Ltd.); and (9) Yihua Lifestyle Technology Co., 
Ltd. Therefore, Commerce preliminarily determines that these nine 
companies/company groupings failed to demonstrate that they qualify for 
separate rate status and are part of the China-wide entity.
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    \11\ See Initiation Notice, 87 FR at 13253-54.
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    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\12\ 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 
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 administrative review.
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    \12\ 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. Interested parties timely withdrew all review requests for 17 
companies/company groupings. Therefore, in accordance with 19 CFR 
351.213(d)(1), Commerce is rescinding this review of the AD order on 
WBF from China with respect to all of the companies/company groupings 
listed in the appendix to this notice.

Public Comment

    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of these preliminary results of 
review in the Federal Register.\13\ Rebuttal briefs may be filed with 
Commerce no later than seven days after case briefs are due and may 
respond only to arguments raised in the case briefs.\14\ A table of 
contents, list of authorities used, and an executive summary of issues 
should accompany any briefs submitted to Commerce. The summary should 
be limited to five pages total, including footnotes.\15\
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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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

[[Page 61293]]

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.
    All submissions to Commerce, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the due date.\16\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\17\
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    \16\ See 19 CFR 351.303 (for general filing requirements); 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011).
    \17\ 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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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this review 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 CBP shall assess, ADs on all appropriate entries of 
subject merchandise covered by this review. Commerce intends to issue 
assessment instructions to CBP for the companies still under review, no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. Commerce intends to issue 
assessment instructions to CBP for 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. 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).
    If we do not alter these preliminary results of review, we intend 
to instruct CBP to liquidate entries of subject merchandise exported by 
the companies/company groupings that failed to qualify for a separate 
rate, and any suspended entries of subject merchandise during the POR 
under the case numbers of companies that claimed no shipments, at the 
China-wide entity rate. We intend to instruct CBP to liquidate entries 
of subject merchandise exported by the companies/company groupings 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 in effect for all 
shipments of subject merchandise 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 
any previously investigated or reviewed China or non-China exporter 
that has 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, including those 
exporters who failed to establish their separate rate eligibility in 
this proceeding, the cash deposit rate will be equal to the dumping 
margin assigned to the China-wide entity, which is 216.01 percent; and 
(3) for all non-China exporters of subject merchandise that do not have 
a separate rate, the cash deposit rate will be equal to the dumping 
margin 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 and/or countervailing duties occurred 
and the subsequent assessment of double ADs.

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 3, 2022.
Lisa W. Wang,
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. Golden Well International (HK), Ltd./Producer: Zhangzhou XYM 
Furniture Product Co., Ltd.
3. Guangzhou Maria Yee Furnishings Ltd., Pyla HK Ltd., Maria Yee, 
Inc.
4. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
5. Jiangsu Yuexing Furniture Group Co., Ltd.
6. Perfect Line Furniture Co., Ltd.
7. PuTian JingGong Furniture Co., Ltd.
8. Shenzhen Jiafa High Grade Furniture Co., Ltd., Golden Lion 
International Trading Ltd.
9. Shenzhen New Fudu Furniture Co., Ltd.
10. Shenzhen Wonderful Furniture Co., Ltd.
11. Tradewinds Furniture Ltd. (successor-in-interest to Nanhai 
Jiantai Woodwork Co.), Fortune Glory Industrial Ltd. (H.K. Ltd.)
12. Wuxi Yushea Furniture Co., Ltd.
13. Zhangjiagang Daye Hotel Furniture Co. Ltd.
14. Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd.
15. Zhongshan Fookyik Furniture Co., Ltd.
16. Zhongshan Golden King Furniture Industrial Co., Ltd.
17. Zhoushan For-Strong Wood Co., Ltd.

[FR Doc. 2022-22006 Filed 10-7-22; 8:45 am]
BILLING CODE 3510-DS-P