[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9747-9749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3908]


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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 New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: February 22, 2011.
SUMMARY: On November 26, 2010, the Department of Commerce 
(``Department'') published the preliminary results of the new shipper 
reviews of the antidumping duty order on wooden bedroom furniture 
(``WBF'') from the People's Republic of China (``PRC'') covering sales 
of subject merchandise made by Dongguan Huansheng Furniture Co., Ltd. 
(``Huansheng''); Hangzhou Cadman Trading Co., Ltd. (``Cadman''); and 
Wanvog Furniture (Kunshan) Co., Ltd. (``Wanvog'').\1\ In accordance 
with 19 CFR 351.309(c)(ii), we gave interested parties an opportunity 
to comment on the Preliminary Results. Based on our analysis of the 
comments received, the Department has made changes to the Preliminary 
Results. The final dumping margins are listed below in the section 
entitled ``Final Results of the New Shipper Reviews.''
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    \1\ See Wooden Bedroom Furniture From the People's Republic of 
China: Preliminary Results of Antidumping Duty New Shipper Reviews, 
75 FR 72794 (November 26, 2010) (``Preliminary Results'').

FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Jeffrey Pedersen, 
AD/CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
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3627 and (202) 482-2769, respectively.

SUPPLEMENTARY INFORMATION: We published the Preliminary Results for 
these new shipper reviews on November 26, 2010. In the Preliminary 
Results, the Department stated that interested parties were to submit 
case briefs within 30 days of publication of the Preliminary Results 
and rebuttal briefs within five days after the due date for filing case 
briefs.\2\ On December 9, 2010, the Department extended the deadlines 
for the case briefs and rebuttal briefs until January 3, 2011 and 
January 10, 2011, respectively.\3\ On January 3, 2011, the Department 
received case briefs from Huansheng and Wanvog. On January 10, 2011, 
the Department received a letter in lieu of a rebuttal brief from 
Cadman.
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    \2\ See Preliminary Results, 75 FR at 72800.
    \3\ See Memorandum to All Interested Parties regarding, 
``Antidumping Duty Administrative Review of Wooden Bedroom Furniture 
from the People's Republic of China,'' dated December 9, 2010.
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Period of Review

    The period of review (``POR'') is January 1, 2009, through December 
31, 2009.

Scope of the Order

    The product covered by the order is WBF. WBF 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,\4\ highboys,\5\ lowboys,\6\ chests of drawers,\7\ chests,\8\ 
door chests,\9\ chiffoniers,\10\ hutches,\11\ and armoires;\12\ (6) 
desks, computer stands, filing cabinets, bookcases, 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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    \4\ 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.
    \5\ 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).
    \6\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \7\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \8\ 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.
    \9\ 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.
    \10\ A chiffonier is typically a tall and narrow chest of 
drawers normally used for storing undergarments and lingerie, often 
with mirror(s) attached.
    \11\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \12\ 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 order excludes the following items: (1) Seats, 
chairs,

[[Page 9748]]

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, bookcases, 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; \13\ (9) jewelry armoires; \14\ (10) cheval mirrors; \15\ 
(11) certain metal parts; \16\ (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 \17\ and (14) toy boxes.\18\
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    \13\ 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.
    \14\ 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 (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 Issues and Decision Memorandum from Laurel LaCivita to 
Laurie Parkhill, Office Director, 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. 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).
    \15\ Cheval mirrors are any framed, tiltable mirror with a 
height in excess of 50 inches that is mounted on a floor-standing, 
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).
    \16\ 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 under HTSUS 
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
    \17\ 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).
    \18\ 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 wooden bedroom furniture order apply to the box itself 
rather than the lid.
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    Imports of subject merchandise are classified under subheadings 
9403.50.9042 and 9403.50.9045 \19\ of the U.S. Harmonized Tariff 
Schedule (``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 also be entered under subheading 9403.50.9042 or 
9403.50.9045 of the HTSUS as ``parts of wood.'' Subject merchandise may 
also be entered under subheadings 9403.50.9041 or 9403.60.8081.\20\ 
Further, framed glass mirrors may be entered under subheading 
7009.92.1000 \21\ or 7009.92.5000 of the HTSUS as ``glass mirrors * * * 
framed.'' The order covers all WBF 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.
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    \19\ These HTSUS numbers, as well as the numbers in footnote 16, 
reflect the HTSUS numbers currently in effect. These numbers differ 
from those used in the last completed antidumping duty 
administrative review of WBF from the PRC because the HTSUS has been 
revised.
    \20\ These HTSUS numbers have been added to the scope in this 
segment of the proceeding.
    \21\ Id.
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Analysis of Comments Received

    All issues raised in the case briefs by parties in these reviews 
are addressed in the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Ronald 
K. Lorentzen, Deputy Assistant Secretary for Import Administration, 
``Issues and Decision Memorandum for the Final Results of the 2009 
Annual New Shipper Reviews of Wooden Bedroom Furniture from the 
People's Republic of China,'' dated February 14, 2010 (``Issues and 
Decision Memorandum''), which is hereby adopted by this notice. A list 
of the issues that parties raised and to which the Department responded 
in the Issues and Decision Memorandum is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit in room 7046 in the main 
Commerce Department building, and is also accessible on the Web at 
http://ia.ita.doc.gov/frn>. The paper copy and electronic version of 
the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made the 
following changes to our Preliminary Results:
    <bullet> We have recalculated surrogate financial ratios using a 
different group of financial statements from those used in the 
Preliminary Results.\22\
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    \22\ See Issues and Decision Memorandum at Comment 1.
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    <bullet> Due to a ministerial error, we used the wrong surrogate to 
value Wanvog's non-adhesive expanded polyethylene (``EPE'') input. In 
the final results, we used data under Philippine Harmonized Tariff 
Schedule subheading 3920.1090 to value Wanvog's non-adhesive EPE 
input.\23\
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    \23\ See Issues and Decision Memorandum at Comment 2.
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    <bullet> We based the surrogate value for brokerage and handling on 
the World Bank sub-national reported entitled ``Doing Business 2011: 
Making a Difference for Entrepreneurs'' and excluded from the brokerage 
and handling value the line item for inland transportation and 
handling.\24\
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    \24\ See Issues and Decision Memorandum at Comment 3.

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[[Page 9749]]

New Shipper Status

    No party has contested the bona fide nature of Cadman's, 
Huansheng's, or Wanvog's sale(s) during the POR. Therefore, for these 
final results we find, as in the Preliminary Results, that the new 
shipper sales made by Cadman, Huansheng, and Wanvog were made on a bona 
fide basis.

Surrogate Country

    Since the Preliminary Results, no interested party has commented on 
the selection of the Philippines as the surrogate country. Therefore, 
we continue to determine that the Philippines is the appropriate 
surrogate country for the final results of these new shipper reviews.

Separate Rates

    The Department found in the Preliminary Results that because Wanvog 
was wholly foreign-owned, further analysis is not necessary to 
determine whether Wanvog's export activities are independent from 
government control.\25\ The Department also found in the Preliminary 
Results that Cadman and Huansheng both demonstrated a lack of de jure 
and de facto government control with respect to their export 
activities, and preliminarily determined that they were eligible for a 
separate rate.\26\ No party has contested the separate rate status of 
Cadman, Huansheng, or Wanvog during the POR. Therefore, for the final 
results, we continue to determine that Wanvog, Cadman, and Huansheng 
are eligible for a separate rate.
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    \25\ See Preliminary Results, 75 FR at 72797.
    \26\ See id.
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Final Results of the New Shipper Reviews

    The Department has determined that the following final dumping 
margins exist for the period January 1, 2009, through December 31, 
2009:

------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter-Producer                    margin (percent)
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Dongguan Huansheng Furniture Co., Ltd., Exporter/                   0.00
 Producer...........................................
Wanvog Furniture (Kunshan) Co., Ltd., Exporter/                     0.00
 Producer...........................................
Hangzhou Cadman Trading Co., Ltd., Exporter, and                    0.00
 Haining Changbei Furniture Co., Ltd., Producer.....
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Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries pursuant to 19 CFR 351.212(b). For importers/
customers of a respondent where the respondent reported entered values, 
we have calculated an ad valorem rate for that importer/customer by 
dividing the total amount of antidumping duties calculated for the 
examined sales of subject merchandise by the total entered value of 
those transactions. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of these new shipper reviews. Where an importer-specific ad 
valorem rate is de minimis, the Department will order CBP to liquidate 
appropriate entries without regard to antidumping duties.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these new shipper reviews for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter/
producer combinations listed in the table above, the cash deposit rate 
will be the rate shown for that combination; (2) for subject 
merchandise exported by Huansheng but not produced by Huansheng, 
exported by Wanvog but not produced by Wanvog, and exported by Cadman 
but not produced by Haining Changbei Furniture Co., Ltd. (``Haining 
Changbei''), the cash deposit rate will continue to be the PRC-wide 
rate of 216.01 percent; (3) for subject merchandise produced by 
Huansheng but not exported by Huansheng or produced by Wanvog but not 
exported by Wanvog, the cash deposit rate will be the rate applicable 
to the exporter; and (4) for subject merchandise produced by Haining 
Changbei but not exported by Cadman, the cash deposit rate will be the 
rate applicable to the exporter. These deposit requirements shall 
remain in effect until further notice.

Notification of Interested Parties

    This notice also 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 antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 which is subject to sanction.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(a)(2)(B), 751(a)(2)(C), and 777(i) of the 
Act and 19 CFR 351.214(h) and 19 CFR 351.221(b)(5).

    Dated: February 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Issue 1: Financial Ratios
Issue 2: Surrogate Value for Wanvog's EPE Input
Issue 3: Surrogate Value for Brokerage and Handling

[FR Doc. 2011-3908 Filed 2-18-11; 8:45 am]
BILLING CODE 3510-DS-P