69 FR 67313, November 17, 2004
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Final Determination of Sales at Less Than Fair Value:
Wooden Bedroom Furniture From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final determination of sales at less than fair value.
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SUMMARY: On June 24, 2004, the Department of Commerce published its
preliminary determination of sales at less than fair value in the
antidumping investigation of wooden bedroom furniture from the People's
Republic of China. On August 5, 2004, the Department of Commerce
published an amended preliminary determination of sales at less than
fair value. On September 9, 2004, the Department of Commerce published
an amended preliminary determination of sales at less than fair value.
The period of investigation is April 1, 2003, through September 30,
2003. The investigation covers seven manufacturers/exporters which are
mandatory respondents and 115 Section A respondents. We invited
interested parties to comment on our preliminary determination of sales
at less than fair value. Based on our analysis of the comments we
received, we have made changes to our calculations for all mandatory
respondents. The final dumping margins for this investigation are
listed in the "Final Determination Margins" section below.
DATES: Effective November 17, 2004.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Robert Bolling,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3207 and (202) 482-3434,
respectively.
Final Determination
    We determine that wooden bedroom furniture from the People's
Republic of China ("PRC") is being, or is likely to be, sold in the
United States at Less Than Fair Value ("LTFV") as provided in section
735 of Tariff Act of 1930 ("the Act"). The estimated margins of sales
at LTFV are shown in the "Final Determination Margins" section of
this notice.
Case History
    The Department of Commerce ("the Department") published its
preliminary determination of sales at LTFV on June 24, 2004. See Notice
of Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination: Wooden Bedroom Furniture from the
People's Republic of China, 69 FR 35312 (June 24, 2004) ("Preliminary
Determination"). The Department conducted verification of the
mandatory respondents in both the PRC and the United States (where
applicable), with the exception of Tech Lane Wood Mfg. and Kee Jia Wood
Mfg. ("Tech Lane"), and certain Section A respondents' data in the
PRC. See the Verification Section below for additional information. On
August 5, 2004, the Department published an amended preliminary
determination. See Notice of Amended Preliminary Antidumping Duty
Determination of Sales at Less Than Fair Value: Wooden Bedroom
Furniture From the People's Republic of China, 69 FR 47417 (August 5,
2004) ("Amendment 1"). On August 17, 2004, parties submitted
surrogate-value information. On August 30, 2004, the Department issued
a memorandum regarding the request for treatment of the Chinese wooden
bedroom furniture industry as market-oriented. See Memorandum to James
J. Jochum from Jeffrey May, Request for Market-Oriented Industry
("MOI") Treatment, dated August 30, 2004 ("MOI Memorandum"), and
MOI section below. On August 31, 2004, the Department released a
clarification regarding the scope of this investigation and explained
that jewelry armoires and cheval mirrors are not within the scope of
the investigation. See Issue and Decision Memorandum Concerning Jewelry
Armoires and Cheval Mirrors, dated August 31, 2004. On September 9,
2004, the Department published another amended preliminary
determination. See Notice of Amended Preliminary Antidumping Duty
Determination of Sales at Less Than Fair Value and Amendment to the
Scope: Wooden Bedroom Furniture From the People's Republic of China, 69
FR 54643 (September 9, 2004) ("Amendment 2"). On September 28, 2004,
the Department issued a memorandum clarifying which types of mirrors
are within the scope of this investigation. See Issue and Decision
Memorandum Concerning Mirrors, dated September 28, 2004.
    On September 16, 2004, the Department issued a memorandum in which
it explained that it rejected the request by Decca Furniture Ltd. for a
separate rate because its request for such treatment was untimely. See
Memorandum from Jeffrey May to James J. Jochum, Untimely Section A
Questionnaire Submission of Decca Furniture Ltd., dated September 16,
2004. Additionally, on September 16, 2004, the Department issued a
memorandum which stated that the Department rejected numerous potential
Section A respondents' Section A submissions because they were
untimely. See Memorandum from James J. Jochum from Jeffrey May,
Untimely Request for Separate-Rates Status of Certain PRC Exporters,
dated September 16, 2004.
    We invited parties to comment on the Preliminary Determination. We
received comments from the Petitioners, the mandatory respondents, the
Section A respondents, and other interested parties to this
investigation.
    On October 6, 2004, parties submitted case briefs. On October 14,
2004, parties submitted rebuttal briefs. On October 19, 2004, the
Department held a public hearing on MOI and Section A issues. On
October 20, 2004, the Department held a public hearing on issues
concerning the selection of a surrogate country, financial ratios,
surrogate values, and mandatory respondents. On October 27, 2004, the
Department held a public hearing on scope comments.
Analysis of Comments Received
    All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum,
dated November 8, 2004, which is hereby adopted by this notice
("Decision Memorandum"). A list of the issues which parties raised
and to which we respond in the Decision Memorandum is attached to this
notice as an Appendix. The Decision Memorandum is a public document and
is on file in the Central Records Unit ("CRU"), Main Commerce Building,
Room B-099, and is accessible on the Web at http://ia.ita.doc.gov.  The
paper copy and electronic version of the memorandum are identical in content.
[[Page 67314]]
Scope of Investigation
    For purposes of this investigation, the product covered 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, oriented 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,\1\ highboys,\2\ lowboys,\3\ chests of drawers,\4\ chests,\5\
door chests,\6\ chiffoniers,\7\ hutches,\8\ and armoires;\9\ (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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    \1\ 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.
    \2\ 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).
    \3\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
    \4\ A chest of drawers is typically a case containing drawers
for storing clothing.
    \5\ 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.
    \6\ 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.
    \7\ A chiffonier is typically a tall and narrow chest of drawers
normally used for storing undergarments and lingerie, often with
mirror(s) attached.
    \8\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
    \9\ 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 audio-visual entertainment
systems.
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    The scope of the Petition 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 predominate;\10\ (9) jewelry armories;\11\ (10) cheval mirrors
\12\ and (11) certain metal parts.\13\
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    \10\ 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 Customs' Headquarters' Ruling Letter 043859,
dated May 17, 1976.
    \11\ Any armoire, cabinet or other accent item for the purpose
of storing jewelry, not to exceed 24" in width, 18" in depth, and
49" in height, including a minimum of 5 lined drawers lined with
felt or felt-like material, at least one side door lined with felt
or felt-like material, with necklace hangers, and a flip-top lid
with inset mirror. See Memorandum from Laurel LaCivita to Laurie
Parkhill, Office Director, Issues and Decision Memorandum Concerning
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.
    \12\ Cheval mirrors, i.e., any framed, tiltable mirror with a
height in excess of 50" that is mounted on a floor-standing, hinged
base.
    \13\ 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. Such parts are usually classified in subheading
9403.90.7000, HTSUS.
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    Imports of subject merchandise are classified under statistical
category 9403.50.9040 of the HTSUS as "wooden * * * beds" and under
statistical category 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 also be entered under
statistical category 9403.50.9040 of the HTSUS as "parts of wood" and
framed glass mirrors may also be entered under statistical category
7009.92.5000 of the HTSUS as "glass mirrors * * * framed." This
investigation 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 proceeding is dispositive.
Scope Comments
    In the Preliminary Determination we stated that, due to the
extraordinary detail and length of comments we had received to date, we
would analyze scope comments we received for the final determination.
As part of this process, the Department had summarized all of the
comments it had received as of June 17, 2004, in a memorandum to the
file. See Memorandum to the File from Laurel LaCivita, Analyst, to
Laurie Parkhill, Office Director, Antidumping Duty Investigation of
Wooden Bedroom Furniture from the People's Republic of China: Summary
on Comments to the Scope (June 17, 2004). Thus, we afforded interested
parties an opportunity to address only the comments summarized in our
memorandum and, as announced in the Preliminary Determination, 69 FR
35318, we provided interested parties until July 30, 2004, to submit
additional comments on scope topics in this memorandum.
    As of July 30, 2004, we had received scope comments reflecting
issues in our memorandum and we had received scope comments on issues
not discussed in our memorandum. Therefore, consistent with our
Preliminary Determination, we clarified for all interested parties in a
letter dated October 25, 2004, that for the final determination we
would only address comments we received by July 30, 2004,
[[Page 67315]]
which concerned issues we identified in our June 17, 2004, memorandum.
    We have addressed these comments in our final scope memorandum. See
Memorandum to Laurie Parkhill, Office Director, from Erol Yesin, Case
Analyst, Antidumping Duty Investigation of Wooden Bedroom Furniture
from the People's Republic of China: Summary on the Scope of the
Investigation (November 8, 2004).
Verification
    As provided in section 782(I) of the Act, we verified the
information submitted by the mandatory respondents, with the exception
of Tech Lane as discussed below, and certain Section A respondents for
use in our final determination. See the Department's verification
reports on the record of this investigation in the CRU with respect to
Rui Feng Woodwork Co., Ltd., Rui Feng Lumber Development Co., Ltd. and
Dorbest Limited ("Dorbest"), Lacquer Craft Mfg. Co., Ltd. ("Lacquer
Craft"), Dongguan Lung Dong Furniture Co., Ltd., and Dongguan Dong He
Furniture Co., Ltd., ("Lung Dong"), Markor International Furniture
(Tianjin) Manufacturing Company, Ltd. ("Markor"), Shing Mark
Enterprise Co., Ltd., Carven Industries Limited (BVI), Carven I
Industries Limited (HK), Dongguan Zhenxin Furniture Co., Ltd., and
Dongguan Yongpeng Furniture Co., Ltd. ("Shing Mark"), Starcorp
Furniture (Shanghai) Co., Ltd., Orin Furniture (Shanghai) Co., Ltd.,
and Shanghai Starcorp Furniture Co., Ltd. ("Starcorp"), Dalian
Huafeng Furniture Co., Ltd. ("Dalian"), Locke Furniture Factory, or
Kai Chan Furniture Co., Ltd., or Kai Chan (Hong Kong) Enterprise Ltd.,
or Taiwan Kai Chan Co., Ltd. ("Locke"), and Fine Furniture (Shanghai)
Limited ("Fine Furniture"). For all verified companies, we used
standard verification procedures, including examination of relevant
accounting and production records, as well as original source documents
provided by respondents.
Market-Oriented Industry
    In the Preliminary Determination, we stated that, because we
received an MOI allegation filed by the Furniture Sub-chamber of the
China Chamber of Commerce for Import & Export of Light Industrial
Products and Arts-Crafts ("CCCLA") and the China National Furniture
Association ("CNFA") with supporting information so recently and so
close (i.e., May 28, 2004) to the fully extended due date of the
preliminary determination, we did not have adequate time to consider
the information. Thus, we indicated that we would continue to evaluate
the request and address it as soon as possible. On August 30, 2004, we
issued a memorandum regarding the request by CCCLA and CNFA for an MOI
inquiry. See MOI Memorandum. In this memorandum, we stated that, due to
the timing of the MOI request filing, we determined that we would not
incorporate an MOI inquiry into this antidumping investigation. In
addition, we explained that, in the event we publish an antidumping
duty order as a result of an affirmative determination by the U.S.
International Trade Commission ("ITC"), the Chinese wooden bedroom
furniture industry will have an opportunity to request an MOI inquiry
in a future segment of this proceeding. See MOI Memorandum and Comment
1 in the Issues and Decision Memorandum.
Surrogate Country
    In the Preliminary Determination, we stated that we had selected
India as the appropriate surrogate country to use in this investigation
for the following reasons: (1) India is at a level of economic
development comparable to the PRC; (2) Indian manufacturers produce
comparable merchandise and are significant producers of wooden
furniture; (3) India provides the best opportunity to use appropriate,
publicly available data to value the factors of production. See
Preliminary Determination, 69 FR at 35319. We received comments from
interested parties during the briefing stage of this investigation and
have evaluated these comments. For the final determination we have
determined to continue to use India as the surrogate country and,
accordingly, we have calculated normal value using Indian prices to
value the respondents' factors of production, when available and
appropriate. We have obtained and relied upon publicly available
information wherever possible. For a detailed description of the
surrogate values that have changed as a result of comments the
Department has received, see the company-specific Analysis Memoranda
dated November 8, 2004.
Separate Rates
    In the Preliminary Determination and the amendments to the
Preliminary Determination the Department found that several companies
which provided responses to Section A of the antidumping questionnaire
were eligible for a rate separate from the PRC-wide rate. For the final
determination, we have determined that additional companies have
qualified for separate-rate status. For a complete listing of all the
companies that received a separate rate, see the Final Determination
Margins section below.
    As discussed below, the Department has determined to apply adverse
facts available with respect to Tech Lane. In addition, we have
determined that there is no reliable basis for granting Tech Lane a
separate rate. Accordingly, Tech Lane has not overcome the presumption
that it is part of the PRC-wide entity and therefore, will be subject
to the PRC-wide rate.
    The margin we calculated in the Preliminary Determination for these
companies was 10.92 percent and was changed in Amendment 2 to 12.91
percent. Because the rates of the selected mandatory respondents have
changed since the Preliminary Determination and the Amendment 2, we
have recalculated the rate for Section A respondents. The rate is 8.64
percent. See Memorandum to the File from Eugene Degnan, Calculation of
Section A Rate, dated November 8, 2004.
    Additionally, at the Preliminary Determination, we determined
preliminarly that Shanghai Aosen Furniture Co., Ltd. ("Shanghai
Aosen"), had satisfied our criteria for a separate rate. During the
week of July 12, 2004, we informed Shanghai Aosen that we would verify
its submitted data on or about August 13, 2004. On August 3, 2004,
Shanghai Aosen informed the Department that it had decided not to
participate in its verification which was scheduled to take place on
August 13, 2004. See Memorandum to the File from Katharine Huang,
Shanghai Aosen's Withdrawal from the Antidumping Duty Investigation of
Wooden Bedroom Furniture from the People's Republic of China ("PRC")
dated August 3, 2004. Because Shanghai Aosen refused to allow the
Department to verify its submissions, the Department has determined
that Shanghai Aosen has not cooperated to the best of its ability and
that as adverse facts available, we determine that Shanghai Aosen is
the part of the PRC-wide entity and therefore, does not qualify for a
separate rate. Thus, effective the date of publication in the Federal
Register of this determination, Shanghai Aosen will be subject to the
PRC-wide rate.
Adverse Facts Available
    Section 776(a)(2) of the Act provides that the Department shall
apply "facts otherwise available" if, inter alia, an interested party
or any other person (A) withholds information that has been requested,
(B) fails to provide information within the deadlines established, or
in the form or manner requested by the Department, subject to
[[Page 67316]]
subsections (c)(1) and (e) of section 782, (C) significantly impedes a
proceeding, or (D) provides information that cannot be verified as
provided by section 782(i) of the Act. Section 776(b) of the Act
provides further that the Department may use an adverse inference when
a party has failed to cooperate by not acting to the best of its
ability to comply with a request for information.
    Where the Department determines that a response to a request for
information does not comply with the request, section 782(d) of the Act
provides that the Department will so inform the party submitting the
response and will, to the extent practicable, provide that party the
opportunity to remedy or explain the deficiency. If the party fails to
remedy the deficiency within the applicable time limits and subject to
section 782(e) of the Act, the Department may disregard all or part of
the original and subsequent responses, as appropriate. Section 782(e)
of the Act provides that the Department "shall not decline to consider
information that is submitted by an interested party and is necessary
to the determination but does not meet all applicable requirements
established by the administering authority" if the information is
timely, can be verified, and is not so incomplete that it cannot be
used, and if the interested party acted to the best of its ability in
providing the information. Where all of these conditions are met, the
statute requires the Department to use the information if it can do so
without undue difficulties.
    In the Preliminary Determination, we determined a dumping margin of
9.36 percent for Tech Lane based on partial facts available for certain
unreported surrogate values. See Preliminary Determination. On June 29,
2004, the Petitioners submitted allegations that the Department made
various ministerial errors in calculating the dumping margin for Tech
Lane. As a result of our correction of ministerial errors, we
determined a corrected margin of 29.72 percent for Tech Lane in
Amendment 1. We also stated in Amendment 1 that we would not conduct a
verification of Tech Lane due to the fact Tech Lane did not provide
financial statements covering reported subject merchandise and because
Tech Lane did not submit a reconciliation of sales it made during the
period of investigation ("POI") as we requested. We indicated that,
as a result, the rate for Tech Lane might change for purposes of the
final determination. See Amendment 1, 69 FR at 47417, footnote 1.
    Based on the record evidence and pursuant to the statutory
requirements of the Act, the Department has determined that Tech Lane
impeded this investigation, provided unverifiable information, and did
not cooperate to the best of its ability to comply with the
Department's requests for information. Therefore, we find that the use
of adverse facts available to determine the margin for Tech Lane is
proper for the final determination in this investigation. See Comment 4
in the Issues and Decision Memorandum for a further discussion of this
issue.
Partial Adverse Facts Available
    We have determined that the use of a partial adverse inference is
warranted for certain constructed export price ("CEP") sales Shing
Mark made.
    We have determined that Shing Mark did not act to the best of its
ability with respect to a CEP control-number error, nor did it act the
best of its ability in reporting the sales information with respect to
certain CEP sales and the corrected data. At the verification of Shing
Mark's U.S. affiliate, Homerica Inc., we discovered that Shing Mark had
mis-coded a portion of its reported CEP control numbers. The Department
had indicated earlier in its April 28, 2004, supplemental questionnaire
and again in its June 4, 2004, supplemental questionnaire that it had
found problems with certain reported control numbers and, within these
control numbers, price variations of CEP sales that Shing Mark never
addressed fully or in a timely manner. At the very least, even if wide
price variations are normal within a control number, such price
variations should have caused Shing Mark to at least check the accuracy
of the information it reported to the Department. Additionally, we find
that, at a minimum, before the first CEP verification, Shing Mark
should have reviewed our pre-selected sales invoices which would have
also alerted Shing Mark to the above problems. Further, the Department
alerted the respondent on several different occasions either explicitly
(through its supplemental questionnaires) or implicitly (the very
reason for the Department's selection of certain CEP sales for
verification was due to wide price variations) to the problems with
certain sales. Thus, because Shing Mark was in the best position to
check and report its own information accurately plus the fact that
Shing Mark reported continually that it had corrected its information
or that there were no problems, we relied upon its reported information
until we discovered the errors at the first CEP verification.
Additionally, the Department did everything it could to alert Shing
Mark to the problem. Consequently, in accordance with section 776 of
the Act, the Department has applied adverse facts available for certain
CEP sales whose control numbers Shing Mark reported incorrectly because
the U.S. sales data that Shing Mark submitted to correct the errors is
unverifiable, the U.S. sales data remains so incomplete that it cannot
be used as a reliable basis for reaching an accurate margin in this
investigation, and Shing Mark did not act to the best of its ability to
find and correct the errors. Therefore, for the aforementioned reasons,
the Department has applied the adverse facts available rate of 198.08
percent (see below) to all of Shing Mark's CEP sales where the control-
number misclassification occurred. See the Issues and Decision
Memorandum at Comment 63 and the Shing Mark Final Analysis Memorandum,
dated November 8, 2004.
Adverse Facts-Available Rate
    In the Preliminary Determination, in accordance with sections
776(b) and (c) of the Act, to corroborate the adverse facts-available
margin (i.e.,198.08 percent), we compared that margin to the margins we
found for the mandatory respondents. See Memorandum to the File from
Brian Ledgerwood, Analyst, through Robert Bolling, Program Manager, and
Laurie Parkhill, Office Director, Preliminary Determination in the
Investigation of Wooden Bedroom Furniture from the People's Republic of
China, Corroboration Memorandum, dated June 17, 2004.
    At the Preliminary Determination, in accordance with section 776(c)
of the Act, we corroborated our adverse facts-available margin using
information submitted by Tech Lane and Kee Jia Wood Mfg. For the final
determination, we are no longer using the information submitted by Tech
Lane to corroborate our adverse facts-available margin (see Adverse
Facts Available section above).
    To assess the probative value of the total adverse facts-available
rate it has chosen, the Department compared the final margin
calculations of other respondents in this investigation with the rate
of 198.08 percent from the petition. We find that the rate is within
the range of the highest margins we have determined in this
investigation. See Memorandum to the File from Catherine Bertrand,
Analyst, through Robert Bolling, Program Manager, and Laurie Parkhill,
Office Director, Final Determination in the Investigation of Wooden
Bedroom Furniture from the People's Republic of China, Corroboration
Memorandum ("Final Corroboration Memo"), dated November 8, 2004.
Since the record of this
[[Page 67317]]
investigation contains margins within the range of the petition margin,
we determine that the rate from the petition continues to be relevant
for use in this investigation.
    As discussed therein, we found that the margin of 198.08 percent
has probative value. See Final Corroboration Memo. Accordingly, we find
that the rate of 198.08 percent is corroborated within the meaning of
section 776(c) of the Act.
The PRC-Wide Rate
    Because we begin with the presumption that all companies within a
non market-economy ("NME") country are subject to government control
and because only the companies listed under the Final Determination
Margins below have overcome that presumption, we are applying a single
antidumping rate--the PRC-wide rate--to all other exporters of subject
merchandise from the PRC. Such companies did not demonstrate
entitlement to a separate rate. See, e.g., Final Determination of Sales
at Less Than Fair Value: Synthetic Indigo from the People's Republic of
China, 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all
entries of subject merchandise except for entries from the respondents
which are listed in the Final Determination Margins section below
(except as noted).
Final Determination Margins
    We determine that the following percentage weighted-average margins
exist for the POI:
------------------------------------------------------------------------
                                                        Weighted-average
                       Company                         margin  (percent)
------------------------------------------------------------------------
Dongguan Lung Dong Furniture Co., Ltd., or Dongguan                 2.22
 Dong He Furniture Co., Ltd..........................
Rui Feng Woodwork Co., Ltd., or Rui Feng Lumber                    16.70
 Development Co., Ltd. or Dorbest Limited............
Lacquer Craft Mfg. Co., Ltd..........................               6.95
Markor International Furniture (Tianjin)                            0.79
 Manufacturing Company, Ltd..........................
Shing Mark Enterprise Co., Ltd., or Carven Industries               5.07
 Limited (BVI), or Carven I Industries Limited (HK),
 or Dongguan Zhenxin Furniture Co., Ltd., or Dongguan
 Yongpeng Furniture Co., Ltd.........................
Starcorp Furniture (Shanghai) Co., Ltd., or Orin                   15.24
 Furniture (Shanghai) Co., Ltd., or Shanghai Starcorp
 Furniture Co., Ltd..................................
Tech Lane Wood Mfg. or Kee Jia Wood Mfg *............             198.08
Alexandre International Corp., or Southern Art                      8.64
 Development Ltd., or Alexandre Furniture (Shenzhen)
 Co., Ltd., or Southern Art Furniture Factory........
Art Heritage International, Ltd., or Super Art                      8.64
 Furniture Co., Ltd., or Artwork Metal & Plastic Co.,
 Ltd., or Jibson Industries Ltd., or Always Loyal
 International.......................................
Billy Wood Industrial (Dong Guan) Co., Ltd., or Great               8.64
 Union Industrial (Dongguan) Co., Ltd., or Time Faith
 Ltd.................................................
Changshu HTC Import & Export Co., Ltd................               8.64
Cheng Meng Furniture (PTE) Ltd., or China Cheng Meng                8.64
 Decoration & Furniture Co., Ltd.....................
Chuan Fa Furniture Factory...........................               8.64
Classic Furniture Global Co., Ltd....................               8.64
Clearwise Co., Ltd...................................               8.64
COE Ltd..............................................               8.64
Dalian Guangming Furniture Co., Ltd..................               8.64
Dalian Huafeng Furniture Co., Ltd....................               8.64
Dongguan Cambridge Furniture Co., or Glory Oceanic                  8.64
 Co., Ltd............................................
Dongguan Chunsan Wood Products Co., Ltd..............               8.64
Dongguan Creation Furniture Co., Ltd., or Creation                  8.64
 Industries Co., Ltd.................................
Dongguan Grand Style Furniture, or Hong Kong Da Zhi                 8.64
 Furniture Co., Ltd..................................
Dongguan Great Reputation Furniture Co., Ltd.........               8.64
Dongguan Hero Way Woodwork Co., Ltd., or Dongguan Da                8.64
 Zhong Woodwork Co., Ltd., or Hero Way Enterprises
 Ltd., or Well Earth International Ltd...............
Dongguan Hung Sheng Artware Products Co., Ltd., or                  8.64
 Coronal Enterprise Co., Ltd.........................
Dongguan Kin Feng Furniture Co., Ltd.................               8.64
Dongguan Kingstone Furniture Co., Ltd., or Kingstone                8.64
 Furniture Co., Ltd..................................
Dongguan Liaobushangdun Huada Furniture Factory, or                 8.64
 Great Rich (HK) Enterprise Co. Ltd..................
Dongguan Qingxi Xinyi Craft Furniture Factory (Joyce                8.64
 Art Factory)........................................
Dongguan Singways Furniture Co., Ltd.................               8.64
Dongguan Sunrise Furniture Co., or Taicang Sunrise                  8.64
 Wood Industry Co., Ltd., or Shanghai Sunrise
 Furniture Co., Ltd., or Fairmont Designs............
Dongying Huanghekou Furniture Industry Co., Ltd......               8.64
Dream Rooms Furniture (Shanghai) Co., Ltd............               8.64
Eurosa (Kunshan) Co., Ltd., or Eurosa Furniture Co.,                8.64
 (PTE) Ltd...........................................
Ever Spring Furniture Co. Ltd., or S.Y.C. Family                    8.64
 Enterprise Co., Ltd.................................
Fine Furniture (Shanghai) Ltd........................               8.64
Foshan Guanqiu Furniture Co., Ltd....................               8.64
Fujian Lianfu Forestry Co., Ltd., or Fujian Wonder                  8.64
 Pacific Inc.........................................
Gaomi Yatai Wooden Ware Co., Ltd., or Team Prospect                 8.64
 International Ltd., or Money Gain International Co..
Garri Furniture (Dong Guan) Co., Ltd., or Molabile                  8.64
 International, Inc., or Weei Geo Enterprise Co., Ltd
Green River Wood (Dongguan) Ltd......................               8.64
Guangming Group Wumahe Furniture Co., Ltd............               8.64
Hainan Jong Bao Lumber Co., Ltd., or Jibbon                         8.64
 Enterprise Co., Ltd.................................
Hamilton & Spill Ltd.................................               8.64
Hang Hai Woodcraft's Art Factory.....................               8.64
Hualing Furniture (China) Co., Ltd., or Tony House                  8.64
 Manufacture (China) Co., Ltd., or Buysell
 Investments Ltd., or Tony House Industries Co., Ltd.
Jardine Enterprise, Ltd..............................               8.64
Jiangmen Kinwai Furniture Decoration Co., Ltd........               8.64
Jiangmen Kinwai International Furniture Co., Ltd.....               8.64
Jiangsu Weifu Group Fullhouse Furniture Manufacturing               8.64
 Corp................................................
[[Page 67318]]
Jiangsu Yuexing Furniture Group Co., Ltd.............               8.64
Jiedong Lehouse Furniture Co., Ltd...................               8.64
King's Way Furniture Industries Co., Ltd., or                       8.64
 Kingsyear Ltd.......................................
Kuan Lin Furniture (Dong Guan) Co., Ltd., or Kuan Lin               8.64
 Furniture Factory, or Kuan Lin Furniture Co., Ltd...
Kunshan Lee Wood Product Co., Ltd....................               8.64
Kunshan Summit Furniture Co., Ltd....................               8.64
Langfang Tiancheng Furniture Co., Ltd................               8.64
Leefu Wood (Dongguan) Co., Ltd., or King Rich                       8.64
 International, Ltd..................................
Link Silver Ltd. (V.I.B.), or Forward Win Enterprises               8.64
 Co. Ltd., or Dongguan Haoshun Furniture Ltd.........
Locke Furniture Factory, or Kai Chan Furniture Co.,                 8.64
 Ltd., or Kai Chan (Hong Kong) Enterprise Ltd., or
 Taiwan Kai Chan Co., Ltd............................
Longrange Furniture Co., Ltd.........................               8.64
Nanhai Baiyi Woodwork Co., Ltd.......................               8.64
Nanhai Jiantai Woodwork Co., Ltd.....................               8.64
Nantong Dongfang Orient Furniture Co., Ltd...........               8.64
Nantong Yushi Furniture Co., Ltd.....................               8.64
Nathan International Ltd., or Nathan Rattan Factory..               8.64
Orient International Holding Shanghai Foreign Trade                 8.64
 Co., Ltd............................................
Passwell Corporation, or Pleasant Wave Ltd...........               8.64
Perfect Line Furniture Co., Ltd......................               8.64
Prime Wood International Co., Ltd., or Prime Best                   8.64
 International Co., Ltd., or Prime Best Factory, or
 Liang Huang (Jiaxing) Enterprise Co., Ltd...........
PuTian JingGong Furniture Co., Ltd...................               8.64
Qingdao Liangmu Co., Ltd.............................               8.64
Restonic (Dongguan) Furniture Ltd., or Restonic Far                 8.64
 East (Samoa) Ltd....................................
RiZhao SanMu Woodworking Co., Ltd....................               8.64
Season Furniture Manufacturing Co., or Season                       8.64
 Industrial Development Co...........................
Sen Yeong International Co., Ltd., or Sheh Hau                      8.64
 International Trading Ltd...........................
Shanghai Jian Pu Export & Import Co., Ltd............               8.64
Shanghai Maoji Imp and Exp Co., Ltd..................               8.64
Sheng Jing Wood Products (Beijing) Co., Ltd., or                    8.64
 Telstar Enterprises Ltd.............................
Shenyang Shining Dongxing Furniture Co., Ltd.........               8.64
Shenzhen Forest Furniture Co., Ltd...................               8.64
Shenzhen Jiafa High Grade Furniture Co., Ltd., or                   8.64
 Golden Lion International Trading Ltd...............
Shenzhen New Fudu Furniture Co., Ltd.................               8.64
Shenzhen Wonderful Furniture Co., Ltd................               8.64
Shenzhen Xiande Furniture Factory....................               8.64
Shenzhen Xingli Furniture Co., Ltd...................               8.64
Shun Feng Furniture Co., Ltd.........................               8.64
Songgang Jasonwood Furniture Factory, or Jasonwood                  8.64
 Industrial Co., Ltd. S.A............................
Starwood Furniture Manufacturing Co. Ltd.............               8.64
Starwood Industries Ltd..............................               8.64
Strongson Furniture (Shenzhen) Co., Ltd., or                        8.64
 Strongson Furniture Co., Ltd., or Strongson (HK) Co.
Sunforce Furniture (Hui-Yang) Co., Ltd., or Sun Fung                8.64
 Wooden Factory, or Sun Fung Co., or Shin Feng
 Furniture Co., Ltd., or Stupendous International
 Co., Ltd............................................
Superwood Co., Ltd., or Lianjin Zongyu Art Products                 8.64
 Co., Ltd............................................
Tarzan Furniture Industries Ltd., or Samso Industries               8.64
 Ltd.................................................
Teamway Furniture (Dong Guan) Ltd., or Brittomart Inc               8.64
Techniwood Industries Ltd., or Ningbo Furniture                     8.64
 Industries Limited, or Ningbo Hengrun Furniture Co.,
 Ltd.................................................
Tianjin Fortune Furniture Co., Ltd...................               8.64
Tianjin Master Home Furniture........................               8.64
Tianjin Phu Shing Woodwork Enterprise Co., Ltd.......               8.64
Tianjin Sande Fairwood Furniture Co., Ltd............               8.64
Tube-Smith Enterprise (ZhangZhou) Co., Ltd., or Tube-               8.64
 Smith Enterprise (Haimen) Co., Ltd., or Billonworth
 Enterprises Ltd.....................................
Union Friend International Trade Co., Ltd............               8.64
U-Rich Furniture (Zhangzhou) Co., Ltd., or U-Rich                   8.64
 Furniture Ltd.......................................
Wanhengtong Nueevder (Furniture) Manufacture Co.,                   8.64
 Ltd., or Dongguan Wanengtong Industry Co., Ltd......
Woodworth Wooden Industries (Dong Guan) Co., Ltd.....               8.64
Xiamen Yongquan Sci-Tech Development Co., Ltd........               8.64
Jiangsu XiangSheng Bedtime Furniture Co., Ltd........               8.64
Xingli Arts & Crafts Factory of Yangchun.............               8.64
Yangchun Hengli Co. Ltd..............................               8.64
Yeh Brothers World Trade, Inc........................               8.64
Yichun Guangming Furniture Co., Ltd..................               8.64
Yida Co., Ltd., or Yitai Worldwide, Ltd., or Yili                   8.64
 Co., Ltd., or Yetbuild Co., Ltd.....................
Yihua Timber Industry Co., Ltd.......................               8.64
Zhang Zhou Sanlong Wood Product Co., Ltd.............               8.64
Zhangjiagang Zheng Yan Decoration Co., Ltd...........               8.64
Zhangjiagang Daye Hotel Furniture Co., Ltd...........               8.64
Zhangzhou Guohui Industrial & Trade Co. Ltd..........               8.64
Zhanjiang Sunwin Arts & Crafts Co., Ltd..............               8.64
Zhong Shan Fullwin Furniture Co., Ltd................               8.64
[[Page 67319]]
Zhongshan Fookyik Furniture Co., Ltd.................               8.64
Zhongshan Golden King Furniture Industrial Co., Ltd..               8.64
Zhoushan For-Strong Wood Co., Ltd....................               8.64
PRC-Wide Rate........................................             198.08
------------------------------------------------------------------------
* Not a separate rate. Tech Lane and Kee Jia Wood Mfg. are subject to
  the PRC-wide rate.
Continuation of Suspension of Liquidation
    Pursuant to 735(c)(1)(B) of the Act, we will instruct U.S. Customs
and Border Protection ("CBP") to continue to suspend liquidation of
all entries of subject merchandise from the PRC (except for entries of
Markor because this company has a de minimis margin) entered, or
withdrawn from warehouse, for consumption on or after June 24, 2004,
the date of publication of the Preliminary Determination. In accordance
with 19 CFR 351.204(e)(3), the exclusion only applies to merchandise
produced and exported by Markor. CBP shall continue to require a cash
deposit or the posting of a bond equal to the estimated amount by which
the normal value exceeds the U.S. price as shown above. These
instructions suspending liquidation will remain in effect until further
notice.
Disclosure
    We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
ITC Notification
    In accordance with section 735(d) of the Act, we have notified the
ITC of our final determination of sales at LTFV. As our final
determination is affirmative with the exception of Markor Tianjin, in
accordance with section 735(b)(2) of the Act, within 45 days the ITC
will determine whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports or sales (or the likelihood of sales) for importation of the
subject merchandise. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all securities posted will be refunded or canceled. If
the ITC determines that such injury does exist, the Department will
issue an antidumping duty order directing the CBP to assess antidumping
duties on all imports of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation (i.e., June 24, 2004), with the exception of
merchandise produced and exported by Markor Tianjin.
Notification Regarding APO
    This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with
sections 735(d) and 777(I)(1) of the Act.
    Dated: November 8, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
Appendix
Issues in the Decision Memorandum
I. General Issues
Comment 1: Market-Oriented Industry
Comment 2: Surrogate-Country Selection
Comment 3: Surrogate Financial Ratios
Comment 4: Tech Lane
Comment 5: Tech Lane Rate/Section A Rate
Comment 6: Treatment of Abrasives
Comment 7: Brokerage and Handling
Comment 8: Treatment of Non-Dumped Sales
Comment 9: Russian Timber Prices
Comment 10: Use of Infodrive and IBIS Data
Comment 11: Sets Reported by Markor and Lacquer Craft
Comment 12: Electricity for Factory Overhead and SG&A
Comment 13: Sigma Freight Rule and Market-Economy Purchases
Comment 14: Furniture Parts
Comment 15: Valuation of NME Self-Made, Semi-Finished, or Subcontracted Parts
II. Surrogate Values
Comment 16: Surrogate Value--General
Comment 17: Purchase Price Information
Comment 18: Exclusion of Aberrational Data
Comment 19: Dorbest
Comment 20: Lung Dong
Comment 21: Markor
Comment 22: Starcorp
Comment 23: Labor Surrogate Value and Calculation of Expected NME Wages
Comment 24: Reliability of Data
Comment 25: Mirror, Glass, Glass Yug
Comment 26: Paint-General
Comment 27: The Asian Paints Price List
Comment 28: Packing Cardboard
Comment 29: Packing Materials (Cardboard)
III. Mandatory Respondents--Company-Specific Issues
A. Dorbest
Comment 30: Commissions
Comment 31: Cheval mirrors
Comment 32: Brokerage and handling
Comment 33: Offset adjustment for by-products
Comment 34: Direct selling expenses
Comment 35: Conversion factors
Comment 36: Contemporaneity of surrogate-value data
Comment 37: Free-of-charge merchandise
Comment 38: Wood inputs
Comment 39: Cardboard and Wood Scrap figures
Comment 40: Diesel Fuel
Comment 41: Packing labor
Comment 42: Factors information for a certain item
B. Lacquer Craft
Comment 43: Rubberwood and Marupa
Comment 44: CEP offset
Comment 45: Negative Allowances
Comment 46: Market Economy Purchases for Paint Inputs
Comment 47: Overhead Expenses
Comment 48: Warehousing Expenses
C. Lung Dong
Comment 49: Surrogate Value for Medium-Density Fiberboard
Comment 50: Minor Corrections from Verification
Comment 51: Clerical-Error Allegations
Comment 52: Exclusion of Potentially Non-Subject Merchandise
Comment 53: Correction of Reported Control Number for Certain Product Codes
Comment 54: Conversion Ratios for Veneer, Polyester Fabric, and Glass
Comment 55: Medium-Density Fiberboard used for Packing
Comment 56: Lung Dong's Market-Economy Purchases of Adhesives and Other Inputs
Comment 57: Weight-Averaging the Factors of Production
D. Markor
Comment 58: Affiliation
E. Shing Mark
Comment 59: Ministerial Errors
Comment 60: U.S. Movement Expense
Comment 61: Market Economy Purchases
Comment 62: Transportation Distances
Comment 63: Control-Number Errors
[[Page 67320]]
F. Starcorp
Comment 64: Unreported Sale
Comment 65: Certain Wood Input
Comment 66: Other Metal Fittings
Comment 67: Mirrors
Comment 68: Paint Price
Comment 69: Wooden veneer
Comment 70: Plywood
IV. Section A Issues
Comment 71: Section A Rate-Weighting
Comment 72: Adverse facts available for Section A companies
Comment 73: Locke Furniture
Comment 74: Techniwood's affiliates
Comment 75: Shanghai Ideal and Shanghai Jian Pu
Comment 76: Sunrise's Request for Refund for Cash Deposit Overpayment
Comment 77: Necessity of Submissions
Comment 78: Notification
Comment 79: Independence in Price Negotiation, Valid Business
            License and Autonomy in Management Selection
Comment 80: Corporate Structure and Affiliations
Comment 81: Independence of Retaining Sales Proceeds
Comment 82: Timeliness
[FR Doc. 04-25507 Filed 11-16-04; 8:45 am]
BILLING CODE 3510-25-P