[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Notices]
[Pages 8405-8407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02734]


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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; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) continues to 
determine that nine companies/company groupings subject to this 
administrative review of the antidumping duty (AD) order on wooden 
bedroom furniture (WBF) from the People's Republic of China (China) are 
part of the China-wide entity because they did not demonstrate 
eligibility for separate rates, and that seven companies/company 
groupings had no shipments of WBF during the period of review (POR), 
January 1, 2021, through December 31, 2021. Although invited to do so, 
interested parties did not comment on the preliminary results of this 
review. We have adopted the preliminary results of this review as the 
final results of the review.

DATES: Applicable February 9, 2023.

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 October 11, 2022, Commerce published the preliminary results of 
this review and invited interested parties to comment.\1\ No parties 
commented on the Preliminary Results. Accordingly, the Preliminary 
Results remain unchanged in the final results, and no decision 
memorandum accompanies this notice.
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    \1\ See 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, 87 FR 61291 (October 11, 2022) (Preliminary 
Results).
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Scope of the Order 2
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    \2\ 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).
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    The product covered by the Order is WBF from China.\3\ For a 
complete description of the scope of this Order, see the appendix to 
this notice.
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    \3\ Commerce revised certain Harmonized Tariff Schedule 
subheadings listed in the scope of the Order based on a request, and 
information obtained, from U.S. Customs and Border Protection (CBP). 
See Memorandum, ``Update to the ACE AD/CVD Case Reference File,'' 
dated concurrently with this notice.
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Final Results of Review

    We received no comments, and we have made no changes to the 
Preliminary Results. We continue to find that nine companies/company 
groupings subject to this review are part of the China-wide entity 
because they did not demonstrate eligibility for separate rates, and 
that seven companies/company groupings had no shipments of WBF during 
the POR.

Final Determination of No Shipments

    In the Preliminary Results, we determined, based on timely filed 
company certifications and our analysis of information obtained from 
CBP, that the following seven companies/company groupings did not 
export or sell subject merchandise during the POR: (1) Eurosa (Kunshan) 
Co., Ltd. and Eurosa Furniture Co., (PTE) Ltd.; (2) Jiangmen Kinwai 
Furniture Decoration Co., Ltd.; (3) Jiangmen Kinwai International 
Furniture Co., Ltd.; (4) Nanhai Jiantai Woodwork Co. Ltd. and Fortune 
Glory Industrial, Ltd. (HK Ltd.); (5) Shenyang Shining Dongxing 
Furniture Co., Ltd.; (6) Yeh Brothers World Trade Inc.; and (7) 
Zhangzhou Guohui Industrial & Trade Co., Ltd.\4\ We received no 
comments from interested parties with respect to this determination. 
Therefore, because the record indicates that these seven companies/
company groupings did not export subject merchandise during the POR, we 
continue to find that they had no reviewable transactions during the 
POR.
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    \4\ See Preliminary Results, 87 FR at 61292.
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China-Wide Entity

    Commerce considers the following nine companies/company groupings 
for which a review was requested to be part of the China-wide entity 
because they did not demonstrate their eligibility for a separate rate: 
(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. Accordingly, for these final results, we determine 
that these nine companies/company groupings, none of which submitted a 
separate rate application or separate rate certification, are part of 
the China-wide entity.
    In this review, no party requested a review of the China-wide 
entity, and Commerce did not self-initiate a review of the China-wide 
entity. Because we are not reviewing the China-wide entity in this 
review, the dumping margin previously established for the China-wide 
entity, which is 216.01 percent, is

[[Page 8406]]

not subject to change as a result of this review.\5\
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    \5\ See Wooden Bedroom Furniture from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2020, 87 FR 21093 (April 11, 2022); see also Amended Final Results 
of Antidumping Duty Administrative Review and New Shipper Reviews: 
Wooden Bedroom Furniture from the People's Republic of China, 72 FR 
46957 (August 22, 2007).
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Assessment Rates

    Commerce will determine, and CBP shall assess, ADs on all 
appropriate entries covered by this review in accordance with section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.212(b)(1). We will 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. Commerce intends 
to issue assessment instructions 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).

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 China entered, or withdrawn from warehouse, 
for consumption on, or after, the publication date of this notice, as 
provided 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 and for which a review was not requested, 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 that failed to 
establish their eligibility for a separate rate in this review, 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 the non-China exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice 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 ADs prior to liquidation of the relevant 
entries during this POR. Failure to comply with this requirement could 
result in Commerce's presumption that reimbursement of ADs occurred and 
the subsequent assessment of double ADs.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or 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 subject 
to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results of this review in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(5).

    Dated: February 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Order

    The product covered by the Order is wooden bedroom furniture. 
Wooden bedroom furniture is generally, but not exclusively, 
designed, manufactured, and offered for sale in coordinated groups, 
or bedrooms, in which all of the individual pieces are of 
approximately the same style and approximately the same material 
and/or finish. The subject merchandise is made substantially of wood 
products, including both solid wood and also engineered wood 
products made from wood particles, fibers, or other wooden materials 
such as plywood, strand board, particle board, and fiberboard, with 
or without wood veneers, wood overlays, or laminates, with or 
without non-wood components or trim such as metal, marble, leather, 
glass, plastic, or other resins, and whether or not assembled, 
completed, or finished.
    The subject merchandise includes the following items: (1) wooden 
beds such as loft beds, bunk beds, and other beds; (2) wooden 
headboards for beds (whether stand-alone or attached to side rails), 
wooden footboards for beds, wooden side rails for beds, and wooden 
canopies for beds; (3) night tables, night stands, dressers, 
commodes, bureaus, mule chests, gentlemen's chests, bachelor's 
chests, lingerie chests, wardrobes, vanities, chessers, chifforobes, 
and wardrobe-type cabinets; (4) dressers with framed glass mirrors 
that are attached to, incorporated in, sit on, or hang over the 
dresser; (5) chests-on-chests,\6\ highboys,\7\ lowboys,\8\ chests of 
drawers,\9\ chests,\10\ door chests,\11\ chiffoniers,\12\ 
hutches,\13\ and armoires; \14\ (6) desks, computer stands, filing 
cabinets, book cases, or writing tables that are attached to or 
incorporated in the subject merchandise; and (7) other bedroom 
furniture consistent with the above list.
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    \6\ A chest-on-chest is typically a tall chest-of-drawers in two 
or more sections (or appearing to be in two or more sections), with 
one or two sections mounted (or appearing to be mounted) on a 
slightly larger chest; also known as a tallboy.
    \7\ A highboy is typically a tall chest of drawers usually 
composed of a base and a top section with drawers, and supported on 
four legs or a small chest (often 15 inches or more in height).
    \8\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \9\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \10\ A chest is typically a case piece taller than it is wide 
featuring a series of drawers and with or without one or more doors 
for storing clothing. The piece can either include drawers or be 
designed as a large box incorporating a lid.
    \11\ A door chest is typically a chest with hinged doors to 
store clothing, whether or not containing drawers. The piece may 
also include shelves for televisions and other entertainment 
electronics.
    \12\ A chiffonier is typically a tall and narrow chest of 
drawers normally used for storing undergarments and lingerie, often 
with mirror(s) attached.
    \13\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \14\ An armoire is typically a tall cabinet or wardrobe 
(typically 50 inches or taller), with doors, and with one or more 
drawers (either exterior below or above the doors or interior behind 
the doors), shelves, and/or garment rods or other apparatus for 
storing clothes. Bedroom armoires may also be used to hold 
television receivers and/or other audiovisual entertainment systems.
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    The scope of the Order excludes the following items: (1) seats, 
chairs, benches, couches, sofas, sofa beds, stools, and other 
seating furniture; (2) mattresses, mattress supports (including box 
springs), infant cribs, water beds, and futon frames; (3) office 
furniture, such as desks, stand-up desks, computer cabinets, filing 
cabinets, credenzas, and bookcases; (4) dining room or kitchen 
furniture such as dining tables, chairs, servers, sideboards, 
buffets, corner cabinets, china cabinets, and china hutches; (5) 
other non-bedroom furniture, such as television cabinets, cocktail 
tables, end tables, occasional tables, wall systems, book cases, and 
entertainment systems; (6) bedroom furniture made primarily of 
wicker, cane, osier, bamboo or rattan; (7) side rails for beds made 
of metal if sold separately from the headboard and footboard; (8) 
bedroom furniture in which bentwood parts

[[Page 8407]]

predominate; \15\ (9) jewelry armories; \16\ (10) cheval mirrors; 
\17\ (11) certain metal parts; \18\ (12) mirrors that do not attach 
to, incorporate in, sit on, or hang over a dresser if they are not 
designed and marketed to be sold in conjunction with a dresser as 
part of a dresser-mirror set; (13) upholstered beds; \19\ (14) 
toyboxes; \20\ (15) certain enclosable wall bed units; \21\ (16) 
certain shoe cabinets; \22\ and (17) certain bed bases.\23\
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    \15\ As used herein, bentwood means solid wood made pliable. 
Bentwood is wood that is brought to a curved shape by bending it 
while made pliable with moist heat or other agency and then set by 
cooling or drying. See CBP's Headquarters Ruling Letter 043859, 
dated May 17, 1976.
    \16\ Any armoire, cabinet, or other accent item for the purpose 
of storing jewelry, not to exceed 24 inches in width, 18 inches in 
depth, and 49 inches in height, including a minimum of 5 lined 
drawers lined with felt or felt-like material, at least one side 
door or one front door (whether or not the door is lined with felt 
or felt-like material), with necklace hangers, and a flip-top lid 
with inset mirror. See Memorandum, ``Jewelry Armoires and Cheval 
Mirrors in the Antidumping Duty Investigation of Wooden Bedroom 
Furniture from the People's Republic of China,'' dated August 31, 
2004; see also Wooden Bedroom Furniture from the People's Republic 
of China: Final Changed Circumstances Review, and Determination to 
Revoke Order in Part, 71 FR 38621 (July 7, 2006).
    \17\ Cheval mirrors are any framed, tiltable mirror with a 
height in excess of 50 inches that is mounted on a floorstanding, 
hinged base. Additionally, the scope of the Order excludes 
combination cheval mirror/jewelry cabinets. The excluded merchandise 
is an integrated piece consisting of a cheval mirror, i.e., a framed 
tiltable mirror with a height in excess of 50 inches, mounted on a 
floor-standing, hinged base, the cheval mirror serving as a door to 
a cabinet back that is integral to the structure of the mirror and 
which constitutes a jewelry cabinet line with fabric, having 
necklace and bracelet hooks, mountings for rings and shelves, with 
or without a working lock and key to secure the contents of the 
jewelry cabinet back to the cheval mirror, and no drawers anywhere 
on the integrated piece. The fully assembled piece must be at least 
50 inches in height, 14.5 inches in width, and 3 inches in depth. 
See Wooden Bedroom Furniture from the People's Republic of China: 
Final Changed Circumstances Review and Determination To Revoke Order 
in Part, 72 FR 948 (January 9, 2007).
    \18\ Metal furniture parts and unfinished furniture parts made 
of wood products (as defined above) that are not otherwise 
specifically named in this scope (i.e., wooden headboards for beds, 
wooden footboards for beds, wooden side rails for beds, and wooden 
canopies for beds) and that do not possess the essential character 
of wooden bedroom furniture in an unassembled, incomplete, or 
unfinished form.
    \19\ Upholstered beds that are completely upholstered, i.e., 
containing filling material and completely covered in sewn genuine 
leather, synthetic leather, or natural or synthetic decorative 
fabric. To be excluded, the entire bed (headboards, footboards, and 
side rails) must be upholstered except for bed feet, which may be of 
wood, metal, or any other material and which are no more than nine 
inches in height from the floor. See Wooden Bedroom Furniture from 
the People's Republic of China: Final Results of Changed 
Circumstances Review and Determination to Revoke Order in Part, 72 
FR 7013 (February 14, 2007).
    \20\ To be excluded the toy box must: (1) be wider than it is 
tall; (2) have dimensions within 16 inches to 27 inches in height, 
15 inches to 18 inches in depth, and 21 inches to 30 inches in 
width; (3) have a hinged lid that encompasses the entire top of the 
box; (4) not incorporate any doors or drawers; (5) have slow-closing 
safety hinges; (6) have air vents; (7) have no locking mechanism; 
and (8) comply with American Society for Testing and Materials 
(``ASTM'') standard F963-03. Toy boxes are boxes generally designed 
for the purpose of storing children's items such as toys, books, and 
playthings. See Wooden Bedroom Furniture from the People's Republic 
of China: Final Results of Changed Circumstances Review and 
Determination to Revoke Order in Part, 74 FR 8506 (February 25, 
2009). Further, as determined in the scope ruling memorandum, 
``Wooden Bedroom Furniture from the People's Republic of China: 
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the 
dimensional ranges used to identify the toy boxes that are excluded 
from the Order apply to the box itself rather than the lid.
    \21\ Excluded from the scope are certain enclosable wall bed 
units, also referred to as murphy beds, which are composed of the 
following three major sections: (1) a metal wall frame, which 
attaches to the wall and uses coils or pistons to support the metal 
mattress frame; (2) a metal frame, which has euro slats for 
supporting a mattress and two legs that pivot; and (3) wood panels, 
which attach to the metal wall frame and/or the metal mattress frame 
to form a cabinet to enclose the wall bed when not in use. Excluded 
enclosable wall bed units are imported in ready to assemble format 
with all parts necessary for assembly. Enclosable wall bed units do 
not include a mattress. Wood panels of enclosable wall bed units, 
when imported separately, remain subject to the Order.
    \22\ Excluded from the scope are certain shoe cabinets 31.5-33.5 
inches wide by 15.5-17.5 inches deep by 34.5-36.5 inches high. They 
are designed strictly to store shoes, which are intended to be 
aligned in rows perpendicular to the wall along which the cabinet is 
positioned. Shoe cabinets do not have drawers, rods, or other 
indicia for the storage of clothing other than shoes. The cabinets 
are not designed, manufactured, or offered for sale in coordinated 
groups or sets and are made substantially of wood, have two to four 
shelves inside them, and are covered by doors. The doors often have 
blinds that are designed to allow air circulation and release of bad 
odors. The doors themselves may be made of wood or glass. The depth 
of the shelves does not exceed 14 inches. Each shoe cabinet has 
doors, adjustable shelving, and ventilation holes.
    \23\ Excluded from the scope are certain bed bases consisting 
of: (1) a wooden box frame; (2) three wooden cross beams and one 
perpendicular center wooden support beam; and (3) wooden slats over 
the beams. These bed bases are constructed without inner springs 
and/or coils and do not include a headboard, footboard, side rails, 
or mattress. The bed bases are imported unassembled.
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    Imports of subject merchandise are classified under subheadings 
9403.50.9041, 9403.50.9042 and 9403.50.9045 of the Harmonized Tariff 
Schedule of the United States (HTSUS) as ``wooden . . . beds'' and 
under subheading 9403.50.9080 of the HTSUS as ``other . . . wooden 
furniture of a kind used in the bedroom.'' In addition, wooden 
headboards for beds, wooden footboards for beds, wooden side rails 
for beds, and wooden canopies for beds may be entered under 
subheadings 9403.91.0005 or 9403.91.0080 of the HTSUS. Subject 
merchandise may also be entered under subheading 9403.91.0010. 
Further, framed glass mirrors may be entered under subheading 
7009.92.1090 or 7009.92.5095 of the HTSUS as ``glass mirrors . . . 
framed.'' The Order covers all wooden bedroom furniture meeting the 
above description, regardless of tariff classification. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
our written description of the scope of this Order is dispositive.

[FR Doc. 2023-02734 Filed 2-8-23; 8:45 am]
BILLING CODE 3510-DS-P