[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69618-69620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22307]


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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; and 
Rescission, in Part; 2022

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

SUMMARY: In response to requests from interested parties, the U.S. 
Department of Commerce (Commerce) is conducting an administrative 
review of the antidumping duty order on wooden bedroom furniture (WBF) 
from the People's Republic of China (China) covering the period of 
review (POR) January 1, 2022, through December 31, 2022. Commerce has 
preliminarily determined that the sole mandatory respondent under 
review, VidaXL Ningbo Industry Co., Ltd. (aka vidaXL Ningbo Industry 
Co., Ltd.) (VidaXL), 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 VidaXL, 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requests to review these companies have been timely withdrawn.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 6, 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 January 3, 2023, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on WBF from China.\1\ After receiving review 
requests,\2\ Commerce initiated this review.\3\ With the exception of 
VidaXL, which requested a review of itself, all other parties timely 
withdrew their review requests in their entirety.\4\ On July 25, 2023, 
we issued the initial questionnaire to VidaXL.\5\ On August 25, 2023, 
VidaXL explained that it ``has determined it cannot adequately provide 
{Commerce{time}  with the information it has requested under the 
deadlines imposed by {Commerce{time} .'' \6\
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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, 88 FR 45 (January 3, 
2023), corrected by Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review and Join Annual Inquiry Service List, 88 FR 
10292 (February 17, 2023); see also 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).
    \2\ See American Furniture Manufacturers Committee for Legal 
Trade and Vaughan-Bassett Furniture Company, Inc.'s (the 
petitioners) Letter, ``Request For Initiation Of Administrative 
Review,'' dated January 31, 2023; see also VidaXL's Letter, ``VidaXL 
Ningbo's Request for Administrative Review,'' dated January 31, 
2023; and Guangzhou Maria Yee Furnishings Ltd., Pyla HK Limited, and 
Maria Yee, Inc's (collectively, Maria Yee) Letter, ``Maria Yee's 
Request for Administrative Review and Request for Voluntary 
Respondent Treatment,'' dated January 27, 2023.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 15642 (March 14, 2023) (Initiation 
Notice).
    \4\ See Maria Yee's, Letter, ``Maria Yee's Withdrawal of Request 
for Review,'' dated May 30, 2023; see also Petitioners' Letter, 
``Withdrawal Of Request For Administrative Review,'' dated May 26, 
2023.
    \5\ See Commerce's Letter, ``Request for Information,'' dated 
July 25, 2023 (Initial Questionnaire).
    \6\ See VidaXL's Letter, ``Response to the Department's July 25, 
2023 Questionnaire,'' dated August 25, 2023.
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Scope of the Order 7
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    \7\ 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; 2021, 88 FR 8405 (February 9, 2023).
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    The product covered by the Order is WBF, subject to certain 
exceptions. Imports of subject merchandise are classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
9403.50.9041, 9403.50.9042, 9403.50.9045, 9403.50.9080, 9403.91.0005, 
9403.91.0010, 9403.91.0080, 7009.92.1090 or 7009.92.5095. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the Order is dispositive.

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 non-market economy 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.\8\ 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 initial questionnaire that 
Commerce issued to them as mandatory respondents.\9\ After VidaXL 
submitted a separate rate application, Commerce selected VidaXL as the 
sole mandatory respondent in this review. As noted above, VidaXL failed 
to respond to Commerce's initial questionnaire. Consistent with 
Commerce's practice in such situations, as described in the Initiation 
Notice, and because VidaXL ceased responding to Commerce's requests for 
information, Commerce has preliminarily determined that VidaXL did not 
establish its eligibility for separate rate status, and is part of the 
China-wide entity.
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    \8\ See Initiation Notice, 88 FR at 15643-44.
    \9\ Id. at 15644.
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    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\10\ 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, 
and Commerce has not self-initiated a review of the 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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    \10\ 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

[[Page 69619]]

initiation of the requested review in the Federal Register. Interested 
parties timely withdrew all review requests for 25 companies/company 
groupings for which Commerce initiated this review. Therefore, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect to all the companies/company groupings 
listed in the appendix to this notice.

Disclosure and Public Comment

    Normally, Commerce will disclose the calculations performed in 
connection with the preliminary results of review to parties to the 
proceeding in accordance with 19 CFR 351.224(b). However, as there were 
no preliminary margin calculations performed in the instant review, 
there are no calculations to disclose. This satisfies our regulatory 
obligation. Additionally, we note that, given the analysis underlying 
Commerce's preliminary decisions are contained herein, no decision 
memorandum accompanies this Federal Register notice.
    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.\11\ 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.\12\ A table of 
contents, list of authorities used, and an executive summary of issues 
should accompany any brief submitted to Commerce. The summary should be 
limited to five pages total, including footnotes.\13\
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    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d).
    \13\ 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 for a hearing 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.
    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.\14\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\15\
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    \14\ 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).
    \15\ 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 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 VidaXL at the China-wide rate (i.e., 216.01 
percent).\16\
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    \16\ See 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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    Commerce intends to issue assessment instructions regarding VidaXL 
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 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 VidaXL, 
if Commerce continues to find the company is not entitled to separate 
rate status in the final results of review, the cash deposit rate will 
be equal to the dumping margin assigned to the China-wide entity, which 
is 216.01 percent; \17\ 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.
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    \17\ Id., 72 FR at 46964.
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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 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 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, 19 CFR 
351.213(d)(4), and 19 CFR 351.221(b)(4).


[[Page 69620]]


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

Appendix

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

1. Dongguan Chengcheng Furniture Co., Ltd.
2. Eurosa (Kunshan) Co., Ltd.; Eurosa Furniture Co., (PTE) Ltd.
3. Golden Lion International Trading Ltd.; Shenzhen Jiafa High Grade 
Furniture Co., Ltd.
4. Golden Well International (HK), Ltd.
5. Guangzhou Maria Yee Furnishings Ltd.; Pyla HK Ltd.
6. Jiangmen Kinwai International Furniture Co., Ltd.
7. Jiangmen Kinwai Furniture Decoration Co., Ltd.
8. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
9. Jiangsu Yuexing Furniture Group Co., Ltd.
10. Nanhai Jiantai Woodwork Co. Ltd.; Fortune Glory Industrial, Ltd. 
(HK Ltd.)
11. Perfect Line Furniture Co., Ltd.
12. PuTian JingGong Furniture Co., Ltd.
13. Shenyang Shining Dongxing Furniture Co., Ltd.
14. Shenzhen New Fudu Furniture Co., Ltd.
15. Shenzhen Wonderful Furniture Co., Ltd.
16. Tradewinds Furniture Ltd. (successor-in-interest to Nanhai 
Jiantai Woodwork Co.); Fortune Glory Industrial Ltd. (H.K. Ltd.)
17. Wuxi Yushea Furniture Co., Ltd.
18. Yeh Brothers World Trade Inc.
19. Zhangjiagang Daye Hotel Furniture Co. Ltd.
20. Zhangzhou Guohui Industrial & Trade Co. Ltd.
21. Zhangzhou XYM Furniture Product Co., Ltd.
22. Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd.
23. Zhongshan Fookyik Furniture Co., Ltd.
24. Zhongshan Golden King Furniture Industrial Co., Ltd.
25. Zhoushan For-Strong Wood Co., Ltd.

[FR Doc. 2023-22307 Filed 10-5-23; 8:45 am]
BILLING CODE 3510-DS-P