Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9581 

1See Wooden Bedroom Furniture from the 

People’s Republic of China: Initiation of 

Antidumping New Shipper Reviews, 74 FR 43096 

(August 26, 2009) (‘‘Initiation Notice’’). 2See Wooden Bedroom Furniture from the 

People’s Republic of China: Rescission of 

Antidumping Duty New Shipper Review, 75 FR 339 

(January 5, 2010). 

3See 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). 

4See Memorandum entitled, ‘‘Request for a List 

of Surrogate Countries for a New Shipper Review 

of the Antidumping Duty Order on Wooden 

Bedroom Furniture (‘‘WBF’’) from the People’s 

Republic of China (‘‘PRC’’),’’ dated October 28, 2009 

(‘‘Policy Memorandum’’). 

5See Letter from Howard Smith, Program 

Manager, Office 4, to All Interested Parties, ‘‘2009 

New Shipper Reviews of Wooden Bedroom 

Furniture from the People’s Republic of China 

(PRC),’’ dated November 2, 2009. 

6See Letter from Petitioners regarding, ‘‘Wooden 

Bedroom Furniture From the People’s Republic of 

China: Submission of Publicly Available 

Information to Value the Factors of Production,’’ 

dated November 16, 2009 (‘‘Petitioners’ Surrogate 

Value Submission’’). 

7See Letter from Zhejiang Tianyi regarding, 

‘‘Wooden Bedroom Furniture From the People’s 

Republic of China: Surrogate Value Data ,’’ dated 

December 29, 2009 (‘‘Zhejiang Tianyi’s Surrogate 

Value Submission’’). 

File No. 14586 would authorize 

researchers to conduct aerial and vessel 

surveys in the Straits of Florida off 

Florida’s southeast coast. The goal of 

this project would be to collect baseline 

data regarding the abundance and 

distribution of marine mammals and sea 

turtles within the proposed study site. 

Since this study site is being considered 

as a testing site for ocean energy 

technology, researchers would assess 

the presence of animals before, during, 

and after the testing. 

Abundance surveys could result in 

the harassment of sea turtles 

[leatherback (Dermochelys coriacea), 

loggerhead, green, hawksbill, and 

Kemp’s ridley], as well as numerous 

cetacean species including fin whales 

(Balaenoptera physalus), sperm whales 

(Physeter macrocephalus), humpback 

whales (Megaptera novaengliae), and 

the North Atlantic right whale 

(Eubalaena glacialis). The permit would 

be valid for five years from the date of 

issuance. 

Dated: February 25, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–4407 Filed 3–2–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–890] 

Wooden Bedroom Furniture from the 

People’s Republic of China: 

Preliminary Results of Antidumping 

Duty New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: March 3, 2010. 

SUMMARY: On August 20, 2009, the 

Department of Commerce 

(‘‘Department’’) initiated a new shipper 

review of the antidumping duty order 

on wooden bedroom furniture from the 

People’s Republic of China (‘‘PRC’’) 

covering sales of subject merchandise 

made by Zhejiang Tianyi Scientific & 

Educational Equipment Co., Ltd. 

(‘‘Zhejiang Tianyi’’) and Rise Furniture 

Co., Ltd. (‘‘Rise Furniture’’).1 On 

December 29, 2009, the Department 

rescinded the new shipper review with 

respect to Rise Furniture.2

The Department preliminary 

determines that Zhejiang Tianyi has not 

made sales at less than normal value 

(‘‘NV’’). If these preliminary results are 

adopted in our final results of review, 

the Department will instruct U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess antidumping duties on entries 

of subject merchandise during the 

period January 1, 2009 through June 30, 

2009 (the period of review or POR), for 

which the importer–specific assessment 

rates are above de minimis. 

FOR FURTHER INFORMATION CONTACT: 

Howard Smith or Rebecca Pandolph, 

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) 482–5193 or (202) 482– 

3627, respectively. 

SUPPLEMENTARY INFORMATION: The notice 

announcing the antidumping duty order 

on wooden bedroom furniture from the 

PRC was published on January 4, 2005.3

On July 31, 2009, the Department 

received timely requests for new 

shipper reviews from Rise Furniture and 

Zhejiang Tianyi. On August 20, 2009, 

the Department initiated new shipper 

reviews of Rise Furniture and Zhejiang 

Tianyi. See Initiation Notice. 

On August 24, 2009, the Department 

issued an antidumping duty 

questionnaire to Rise Furniture and 

Zhejiang Tianyi. On November 10, 2009, 

Rise Furniture withdrew its request for 

a new shipper review and, accordingly, 

the Department rescinded the new 

shipper review with respect to Rise 

Furniture. From September 2009 

through January 2010, the Department 

received timely questionnaire and 

supplemental questionnaire responses 

from Zhejiang Tianyi. 

On October 28, 2009, the Office of 

Policy issued a memorandum 

identifying six countries as being at a 

level of economic development 

comparable to the PRC for the instant 

POR. The countries identified in that 

memorandum are India, Indonesia, the 

Philippines, Colombia, Thailand, and 

Peru.4 On November 2, 2009, the 

Department released the Policy 

Memorandum to interested parties and 

provided parties with an opportunity to 

submit comments regarding the 

selection of a surrogate country in the 

instant review.5 On November 16, 2009, 

the American Furniture Manufacturers 

Committee for Legal Trade and 

Vaughan–Bassett Furniture Company, 

Inc. (collectively, ‘‘Petitioners’’) 

provided publicly–available information 

to value factors of production (‘‘FOP’’).6

On December 29, 2009, Zhejiang Tianyi 

provided publicly–available data to 

value its FOP.7

As explained in the memorandum 

from the Deputy Assistant Secretary for 

Import Administration, the Department 

has exercised its discretion to toll 

deadlines for the duration of the closure 

of the Federal Government from 

February 5, through February 12, 2010. 

Thus, all deadlines in this segment of 

the proceeding have been extended by 

seven days. The revised deadline for the 

preliminary results of this review is now 

February 23, 2010. See Memorandum to 

the Record from Ronald Lorentzen, DAS 

for Import Administration, regarding 

‘‘Tolling of Administrative Deadlines As 

a Result of the Government Closure 

During the Recent Snowstorm,’’ dated 

February 12, 2010. 

Period of Review 

The POR for Zhejiang Tianyi is 

January 1, 2009 through June 30, 2009. 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

9582 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

8A chest-on-chest is typically a tall chest-ofdrawers 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. 

9A 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). 

10A lowboy is typically a short chest of drawers, 

not more than four feet high, normally set on short 

legs. 

11A chest of drawers is typically a case 

containing drawers for storing clothing. 

12A 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. 

13A 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. 

14A chiffonier is typically a tall and narrow chest 

of drawers normally used for storing undergarments 

and lingerie, often with mirror(s) attached. 

15A hutch is typically an open case of furniture 

with shelves that typically sits on another piece of 

furniture and provides storage for clothes. 

16An 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. 

17As 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. 

18Any 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 feltlike 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). 

19Cheval mirrors are any framed, tiltable mirror 

with a height in excess of 50 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). 

20Metal 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 the Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) subheading 9403.90.7000. 

21Upholstered 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). 

22To 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. 

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,8

highboys,9 lowboys,10 chests of 

drawers,11 chests,12 door chests,13

chiffoniers,14 hutches,15 and armoires;16

(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. 

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 predominate;17

(9) jewelry armories;18 (10) cheval 

mirrors;19 (11) certain metal parts;20 (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 beds21 and (14) toy 

boxes.22

Imports of subject merchandise are 

classified under subheading 

9403.50.9040 of the 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 9403.50.9040 

of the HTSUS as ‘‘parts of wood’’ and 

framed glass mirrors may also be 

entered under subheading 7009.92.5000 

of the HTSUS as ‘‘glass mirrors . . . 

framed.’’ This 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. 

Bona Fide Sales Analysis 

Consistent with the Department’s 

practice, the Department investigated 

the bona fide nature of the sales made 

by Zhejiang Tianyi for this review. In 

evaluating whether or not a single sale 

in a new shipper review is 

commercially reasonable, and therefore 

bona fide, the Department considers, 

inter alia, such factors as: (1) the timing 

of the sale; (2) the price and quantity; (3) 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9583 

23See Memorandum to Abdelali Elouaradia, 

Director, AD/CVD Operations, Office 4, regarding, 

‘‘Antidumping Duty New Shipper Review of 

Wooden Bedroom Furniture from the People’s 

Republic of China: Bona fide Sales Analysis for 

Zhejiang Tianyi Scientific & Educational Equipment 

Co., Ltd.,’’ dated February 23, 2010. 

24See, e.g., Tapered Roller Bearings and Parts 

Thereof, Finished and Unfinished, From the 

People’s Republic of China: Preliminary Results of 

2001-2002 Administrative Review and Partial 

Rescission of Review, 68 FR 7500(February 14, 

2003) (unchanged in the final results). 25See Section A response at 11-16. 

the expenses arising from the 

transaction; (4) whether the goods were 

resold at a profit; and (5) whether the 

transaction was made on an arm’s– 

length basis. See, e.g., Tianjin 

Tiancheng Pharmaceutical Co., Ltd. v. 

United States, 366 F. Supp. 2d 1246, 

1250 (CIT 2005). Accordingly, the 

Department considers a number of 

factors in its bona fide analysis, ‘‘all of 

which may speak to the commercial 

realities surrounding an alleged sale of 

subject merchandise.’’ See Hebei New 

Donghua Amino Acid Co., Ltd. v. United 

States, 374 F. Supp. 2d 1333, 1342 (CIT 

2005) (citing Fresh Garlic From the 

People’s Republic of China: Final 

Results of Antidumping Administrative 

Review and Rescission of New Shipper 

Review, 67 FR 11283 (March 13, 2002)). 

The Department preliminarily finds 

that the sale of subject merchandise 

made by Zhejiang Tianyi was made on 

a bona fide basis. Specifically, the 

Department preliminarily finds that: (1) 

the timing of the sale by itself does not 

indicate that the sale might not be bona 

fide; (2) the price and quantity of the 

sale was within the range of the prices 

and quantities of other entries of subject 

merchandise from the PRC into the 

United States; (3) Zhejiang Tianyi and 

its customer(s) did not incur any 

extraordinary expenses arising from the 

transaction; (4) the new shipper sale 

was made between unaffiliated parties 

at arm’s length; and (5) the merchandise 

was resold at a profit.23 Therefore, the 

Department has preliminarily found that 

Zhejiang Tianyi’s sale of subject 

merchandise to the United States was 

bona fide for purposes of this new 

shipper review. 

Non–Market Economy Country Status 

In every antidumping case conducted 

by the Department involving the PRC, 

the PRC has been treated as a non– 

market economy (‘‘NME’’) country.24 In 

accordance with section 771(18)(C)(i) of 

the Tariff Act of 1930, as amended (the 

‘‘Act’’), any determination that a foreign 

country is an NME country shall remain 

in effect until revoked by the 

administering authority. None of the 

parties to this proceeding has contested 

such treatment. Accordingly, the 

Department calculated NV in 

accordance with section 773(c) of the 

Act, which applies to NME countries. 

Separate Rates 

In proceedings involving NME 

countries, the Department has a 

rebuttable presumption that all 

companies within the country are 

subject to government control and thus 

should be assessed a single antidumping 

duty rate. It is the Department’s policy 

to assign all exporters of subject 

merchandise in an NME country this 

single rate unless an exporter can 

demonstrate that it is sufficiently 

independent so as to be entitled to a 

separate rate. Exporters can demonstrate 

this independence through the absence 

of both de jure and de facto government 

control over export activities. The 

Department analyzes each entity 

exporting the subject merchandise 

under a test arising from the Final 

Determination of Sales at Less Than 

Fair Value: Sparklers From the People’s 

Republic of China, 56 FR 20588 (May 6, 

1991) (‘‘Sparklers’’), as further developed 

in Notice of Final Determination of 

Sales at Less Than Fair Value: Silicon 

Carbide From the People’s Republic of 

China, 59 FR 22585, 22586–7 (May 2, 

1994) (‘‘Silicon Carbide’’). However, if 

the Department determines that a 

company is wholly foreign–owned or 

located in a market economy, then a 

separate rate analysis is not necessary to 

determine whether it is independent 

from government control. See Notice of 

Final Determination of Sales at Less 

Than Fair Value: Creatine Monohydrate 

From the People’s Republic of China, 64 

FR 71104, 71104–05 (December 20, 

1999) (where the respondent was 

wholly foreign–owned and, thus, 

qualified for a separate rate). 

Zhejiang Tianyi is a wholly Chinese– 

owned company and is located in the 

PRC. Therefore, the Department has 

analyzed whether it has demonstrated 

the absence of both de jure and de facto 

government control over its export 

activities. 

A. Absence of De Jure Control 

The Department considers the 

following de jure criteria in determining 

whether an individual company may be 

granted a separate rate: (1) an absence of 

restrictive stipulations associated with 

an individual exporter’s business and 

export licenses; (2) legislative 

enactments decentralizing control of 

companies; and (3) other formal 

measures by the government 

decentralizing control of companies. See 

Sparklers, 56 FR at 20589. 

The evidence provided by Zhejiang 

Tianyi supports a preliminary finding of 

de jure absence of government control 

based on the following: (1) an absence 

of restrictive stipulations associated 

with Zhejiang Tianyi’s business and 

export licenses; (2) applicable legislative 

enactments decentralizing control over 

PRC companies; and (3) formal 

measures by the government 

decentralizing control of PRC 

companies. 

B. Absence of De Facto Control 

The Department considers four factors 

in evaluating whether each respondent 

is subject to de facto government control 

of its export functions: (1) whether the 

export prices are set by or are subject to 

the approval of a government agency; (2) 

whether the respondent has authority to 

negotiate and sign contracts and other 

agreements; (3) whether the respondent 

has autonomy from the government in 

making decisions regarding the 

selection of management; and (4) 

whether the respondent retains the 

proceeds of its export sales and makes 

independent decisions regarding 

disposition of profits or financing of 

losses. See Silicon Carbide, 59 FR at 

22586–7; see also Notice of Final 

Determination of Sales at Less Than 

Fair Value: Furfuryl Alcohol From the 

People’s Republic of China, 60 FR 

22544, 22545 (May 8, 1995). The 

Department has determined that an 

analysis of de facto control is critical in 

determining whether respondents are 

subject to a degree of government 

control which would preclude the 

Department from assigning separate 

rates. 

The evidence provided by Zhejiang 

Tianyi supports a preliminary finding of 

de facto absence of government control 

over its export activities based on the 

following: (1) Zhejiang Tianyi sets its 

own export prices independent of the 

government and without the approval of 

a government authority; (2) Zhejiang 

Tianyi’s general manager has the 

authority to negotiate and bind the 

company in an agreement; (3) Zhejiang 

Tianyi maintains autonomy from the 

government in making decisions 

regarding the selection of management; 

and (4) Zhejiang Tianyi retains the 

proceeds of its export sales and makes 

independent decisions regarding 

disposition of profits or financing of 

losses.25

The evidence placed on the record by 

Zhejiang Tianyi demonstrates an 

absence of de jure and de facto 

government control, in accordance with 

the criteria identified in Sparklers and 

Silicon Carbide. Accordingly, the 

mstockstill on DSKH9S0YB1PROD with NOTICES

9584 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

26See Policy Memorandum. 

27See Petitioners’ Surrogate Value Submission 

and Zhejiang Tianyi’s Surrogate Value Submission. 

28See Memorandum entitled, ‘‘2009 New Shipper 

Review of the Antidumping Duty Order on Wooden 

Bedroom Furniture from the People’s Republic of 

China,’’ dated January 15, 2010. 

29See attachment to the memorandum entitled, 

‘‘2009 New Shipper Review of the Antidumping 

Duty Order on Wooden Bedroom Furniture from the 

People’s Republic of China,’’ dated January 15, 

2010. 

30See id. 

31See id. 

32See Wooden Bedroom Furniture From the 

People’s Republic of China: Preliminary Results of 

Antidumping Duty Administrative Review, 

Preliminary Results of New Shipper Review and 

Partial Rescission of Administrative Review, 73 FR 

8273, 8277-78 (February 13, 2008) (unchanged in 

the final results) and Wooden Bedroom Furniture 

From the People’s Republic of China: Preliminary 

Results of Antidumping Duty Administrative and 

New Shipper Reviews and Partial Rescission of 

Review, 74 FR 6372, 6376 (February 9, 2009) 

(unchanged in the final results). 

33See Policy Bulletin at 4. 

34See Memorandum entitled, ‘‘2009 New Shipper 

Review of Wooden Bedroom Furniture from the 

People’s Republic of China: Surrogate Value 

Memorandum for the Preliminary Results,’’ dated 

February 23, 2010 (‘‘Factor Valuation 

Memorandum’’) 

35 In accordance with 19 CFR 351.301(c)(1), for 

the final results of this new shipper review, 

interested parties may submit factual information to 

rebut, clarify, or correct factual information 

submitted by an interested party less than ten days 

before, on, or after, the applicable deadline for 

submission of such factual information. However, 

the Department notes that 19 CFR 351.301(c)(1) 

permits new information only insofar as it rebuts, 

clarifies, or corrects information placed on the 

record. The Department generally will not accept 

the submission of additional, previously absentfrom-the-record alternative surrogate value 

information pursuant to 19 CFR 351.301(c)(1). See 

Glycine from the People’s Republic of China: Final 

Results of Antidumping Duty Administrative 

Review and Final Rescission, in Part, 72 FR 58809 

(October 17, 2007) and accompanying Issues and 

Decision Memorandum at Comment 2. 

Department has preliminarily granted a 

separate rate to Zhejiang Tianyi. 

Surrogate Country 

When the Department conducts an 

antidumping duty new shipper review 

of imports from an NME country, 

section 773(c)(1) of the Act directs the 

Department to base NV, in most 

circumstances, on the NME producer’s 

FOP valued in a surrogate market– 

economy country or countries 

considered appropriate by the 

Department. In accordance with section 

773(c)(4) of the Act, the Department will 

value FOP using ‘‘to the extent possible, 

the prices or costs of factors of 

production in one or more market 

economy countries that are – (A) at a 

level of economic development 

comparable to that of the NME country, 

and (B) significant producers of 

comparable merchandise.’’ Further, 

pursuant to 19 CFR 351.408(c)(2), the 

Department will normally value all FOP 

in a single country, except for labor. 

In the instant review, the Department 

identified India, Indonesia, the 

Philippines, Colombia, Thailand, and 

Peru as being at a level of economic 

development comparable to the PRC.26

Neither Petitioners nor Zhejiang Tianyi 

provided comments on the selection of 

a surrogate country. However, both 

parties submitted publicly–available 

Philippine data for valuing Zhejiang 

Tianyi’s FOP.27 On January 15, 2010, 

the Department placed information 

regarding the selection of a surrogate 

country on the record.28

Based on the information on the 

record, we find that the Philippines is 

a significant producer of comparable 

merchandise. Specifically, The 

Furniture Industry in the Philippines 

report indicates that in 2006, Philippine 

manufacturers produced furniture 

valued at $813 million and the 

Philippines exported furniture valued at 

$279 million.29 The State of the Sector 

Report on Philippine Furniture 2006 

indicates that wooden furniture has 

replaced rattan as the most commonly 

used material and accounted for 51% of 

all Philippine furniture exports.30 In 

addition, both The Furniture Industry in 

the Philippines and State of the Sector 

Report on Philippine Furniture 2006 

describes the furniture sector as 

comprised of approximately 15,000 

manufacturers and 800,000 workers.31

Thus, record evidence shows that the 

Philippines is a significant producer of 

merchandise that is comparable to the 

merchandise under review. 

With respect to data considerations in 

selecting a surrogate country, both 

Petitioners and Zhejiang Tianyi have 

submitted publicly–available Philippine 

data for valuing Zhejiang Tianyi’s FOP. 

In addition, the Department used the 

Philippines as the primary surrogate 

country in the second and third 

administrative reviews of this 

proceeding.32 Therefore, based on its 

experience, the Department finds that 

the Philippines has, in the past, 

provided reliable, publicly–available 

data for valuing the FOP. 

Thus, the Department has 

preliminarily selected the Philippines as 

the surrogate country because the record 

shows that the Philippines is at a level 

of economic development comparable to 

that of the PRC and is a significant 

producer of merchandise comparable to 

subject merchandise. Moreover, the 

record indicates that sufficient, 

contemporaneous, public Philippine 

data are readily–available.33

Accordingly, we have selected the 

Philippines as the surrogate country 

and, accordingly, have calculated NV 

using Philippine prices to value 

Zhejiang Tianyi’s FOP.34 In accordance 

with 19 CFR 351.301(c)(3)(ii), interested 

parties may submit publicly–available 

information to value the FOP until 20 

days after the date of publication of the 

preliminary results.35

Fair Value Comparisons 

In accordance with section 777(A)(d) 

of the Act, to determine whether 

Zhejiang Tianyi sold wooden bedroom 

furniture to the United States at less 

than NV, the Department compared 

Zhejiang Tianyi’s export price (‘‘EP’’) of 

wooden bedroom furniture to the NV of 

wooden bedroom furniture, as described 

in the ‘‘Export Price,’’ and ‘‘Normal 

Value’’ sections of this notice. 

Export Price 

In accordance with section 772(a) of 

the Act, the Department considered the 

U.S. prices of sales to the United States 

made by Zhejiang Tianyi to be EPs 

because the first sale to an unaffiliated 

party was made before the date of 

importation and the use of constructed 

export price was not otherwise 

warranted. 

The Department calculated EP based 

on the price to unaffiliated purchaser(s) 

in the United States. The Department 

deducted movement expenses from the 

gross unit U.S. sales price in accordance 

with section 772(c) of the Act. These 

movement expenses include foreign 

inland freight from the plant/warehouse 

to the port of exit, and foreign brokerage 

and handling. For a detailed description 

of these adjustments, see the Zhejiang 

Tianyi analysis memorandum entitled, 

‘‘Wooden Bedroom Furniture from the 

People’s Republic of China: Preliminary 

Results Analysis Memorandum for 

Zhejiang Tianyi Scientific & Educational 

Equipment Co., Ltd.,’’ (‘‘Zhejiang Tianyi 

Analysis Memorandum’’), dated 

February 23, 2010. 

Normal Value 

Section 773(c)(1) of the Act provides 

that the Department shall determine the 

NV using an FOP methodology if: (1) the 

merchandise is exported from an NME 

country; and (2) the information does 

not permit the calculation of NV using 

home–market prices, third–country 

prices, or constructed value under 

section 773(e) of the Act. When 

determining NV in an NME context, the 

Department will base NV on FOP, 

because the presence of government 

controls on various aspects of these 

economies renders price comparisons 

and the calculation of production costs 

invalid under our normal 

methodologies. Under section 773(c)(3) 

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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9585 

36See Tapered Roller Bearings and Parts Thereof, 

Finished and Unfinished, From the People’s 

Republic of China; Final Results of 1998-1999 

Administrative Review, Partial Rescission of 

Review, and Determination Not To Revoke Order in 

Part, 66 FR 1953 (January 10, 2001) (‘‘TRBs 1998- 

1999’’), and accompanying Issues and Decision 

Memorandum at Comment 1. 

37See TRBs 1998-1999 at Comment 1; see also 

China Nat’l. Machinery Imp. & Exp. Corp. v. United 

States, 293 F. Supp. 2d 1334, 1338-39 (Ct. Int’l 

Trade 2003). 

38See H.R. Rep. 100-576, at 590 (1988), reprinted 

in 1988 U.S.C.C.A.N. 1547, 1623-24. 

of the Act, FOP include, but are not 

limited to: (1) hours of labor required; 

(2) quantities of raw materials 

employed; (3) amounts of energy and 

other utilities consumed; and (4) 

representative capital costs. The 

Department based NV on FOP reported 

by Zhejiang Tianyi for materials, energy, 

labor and packing. 

In accordance with 19 CFR 

351.408(c)(1), the Department will 

normally use publicly–available 

surrogates to value FOP, but when a 

producer sources an input from a 

market economy and pays for it in 

market economy currency, the 

Department will normally value the 

factor using the actual price paid for the 

input. However, when the Department 

has reason to believe or suspect that 

such prices may be distorted by 

subsidies, the Department will disregard 

the market economy purchase prices 

and use surrogate values to determine 

the NV.36 Where the facts developed in 

either U.S. or third–country 

countervailing duty findings include the 

existence of subsidies that appear to be 

used generally (in particular, broadly 

available, non–industry specific export 

subsidies), the Department will have 

reason to believe or suspect that prices 

of the inputs from the country granting 

the subsidies may be subsidized.37

In avoiding the use of prices that may 

be subsidized, the Department does not 

conduct a formal investigation to ensure 

that such prices are not subsidized, but 

rather relies on information that is 

generally available at the time of its 

determination.38

Factor Valuations 

In accordance with section 773(c) of 

the Act, we calculated NV based on FOP 

reported by Zhejiang Tianyi for the 

POR. To calculate NV, the Department 

multiplied the reported per–unit factor 

quantities by publicly–available 

Philippine surrogate values (except as 

noted below). In selecting the surrogate 

values, the Department considered the 

quality, specificity, and 

contemporaneity of the data. As 

appropriate, the Department adjusted 

input prices by including freight costs to 

make them delivered prices. 

Specifically, the Department added to 

Philippine import surrogate values a 

surrogate freight cost using the shorter 

of the reported distance from the 

domestic supplier to the respondent’s 

factory or the distance from the nearest 

seaport to the respondent’s factory 

where appropriate (i.e., where the sales 

terms for the market–economy inputs 

were not delivered to the factory). This 

adjustment is in accordance with the 

decision of the Federal Circuit in Sigma 

Corp. v. United States, 117 F.3d 1401, 

1407–08 (Fed. Cir. 1997). 

We used import values for the POR 

from the Philippines National Statistics 

Office (‘‘Philippines NSO’’) reported in 

U.S. dollars on a cost, insurance, and 

freight basis to value the following 

inputs: abrasive cloth, bolt, drawer 

guide, glue, leg pad with nail, leveling 

adjuster, nuts, paints, pine wood, 

plywood, pull knob for drawer, 

sandpaper, screw, staple, stopper, 

washer, wooden pin, non–adjustable 

wrench, and packing materials (i.e., 

corrugated paper, polyfoam, EPE sheet, 

and adhesive tape). The Philippines 

NSO is the only data source on the 

record that provides data on a net 

weight basis, which is the same basis as 

reported by Zhejiang Tianyi in reporting 

its FOP. For a detailed description of all 

surrogate values used to value the 

reported FOP, see Factor Valuation 

Memorandum. 

Where we could not obtain publicly– 

available information contemporaneous 

with the POR with which to value FOP, 

we inflated (or deflated) the surrogate 

values using the Philippine Wholesale 

Price Index as published in the 

International Financial Statistics of the 

International Monetary Fund. 

Consistent with 19 CFR 351.408(c)(3), 

we valued labor using the PRC 

regression–based wage rate as reported 

on Import Administration’s home page, 

Import Library, Expected Wages of 

Selected NME Countries, revised in 

December 2009, available at http:// 

ia.ita.doc.gov/wages/index.html. 

Because this regression–based wage rate 

does not separate the labor rates into 

different skill levels or types of labor, 

we have applied the same wage rate to 

all skill levels and types of labor 

reported by the respondent. If the NME 

wage rates are updated by the 

Department prior to issuance of the final 

results, we will use the updated wage 

rate in the final results. See Factor 

Valuation Memorandum. 

We valued electricity using 

contemporaneous Philippine data from 

The Cost of Doing Business in 

Camarines Sur, which is available at the 

Philippine government’s website for the 

province: http:// 

www.camarinessur.gov.ph. This data 

pertained only to industrial 

consumption. See Factor Valuation 

Memorandum. 

We calculated the value of domestic 

brokerage and handling using brokerage 

fees on the website of the Republic of 

the Philippines Tariff Commission, 

http://www.tariffcommission.gov.ph/ 

cao01–2001.html. 

We calculated the surrogate value for 

truck freight using Philippine data from 

two sources: 1) The Cost of Doing 

Business in Camarines Sur, available at 

the Philippine government’s website for 

the province: http:// 

www.camarinessur.gov.ph; and 2) a 

news article from the Manila Times 

entitled ‘‘Government Mulls Cut in 

Export Target.’’ 

We valued factory overhead, selling, 

general, and administrative expenses 

(‘‘SG&A’’), and profit, using the audited 

financial statements for the fiscal year 

ending December 31, 2008, from the 

following producers: Tequesta 

International Inc.; Insular Rattan and 

Native Products Corp.; Horizon 

International Manufacturing, Inc.; 

Arkane International Corporation; and 

Casa Cebuana Incorada, which are 

Philippine producers of merchandise 

identical to subject merchandise that 

received no countervailable subsidies 

and that earned a before–tax profit in 

2008. From this information, we were 

able to determine factory overhead as a 

percentage of the total raw materials, 

labor and energy (‘‘ML&E’’) costs; SG&A 

as a percentage of ML&E plus overhead 

(i.e., cost of manufacture); and the profit 

rate as a percentage of the cost of 

manufacture plus SG&A. For further 

discussion, see Factor Valuation 

Memorandum. 

Currency Conversion 

We made currency conversions into 

U.S. dollars, in accordance with section 

773A(a) of the Act, based on the 

exchange rates in effect on the dates of 

the U.S. sales as certified by the Federal 

Reserve Bank. 

Preliminary Results of Review 

The Department preliminarily 

determines that the following weighted– 

average dumping margin exists for the 

period January 1, 2009, through June 30, 

2009: 

Exporter 

Weighted– 

average 

margin 

(percent) 

Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. .. 0 

mstockstill on DSKH9S0YB1PROD with NOTICES

9586 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

1NIST Tech Beat (2009), Demonstration Network 

Planned for Public Safety 700 MHz Broadband. 

http://www.nist.gov/public_affairs/techbeat/ 

tb2009_1215.htm. 

Disclosure 

The Department will disclose 

calculations performed for these 

preliminary results to the parties within 

five days of the date of publication of 

this notice in accordance with 19 CFR 

351.224(b). 

Public Comment 

Interested parties may submit written 

comments no later than 30 days after the 

date of publication of these preliminary 

results of review. See 19 CFR 

351.309(c). Rebuttals to written 

comments must be limited to the issues 

raised in the written comments and may 

be filed no later than five days after the 

deadline for filing case briefs. See 19 

CFR 351.309(d). Further, parties 

submitting written comments and 

rebuttal comments are requested to 

provide the Department with an 

additional copy of those comments on 

diskette. Any interested party may 

request a hearing within 30 days of 

publication of these preliminary results. 

See 19 CFR 351.310(c). If requested, a 

hearing normally will be held two days 

after the scheduled date for submission 

of rebuttal comments. See 19 CFR 

351.310(d). Parties should confirm by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date. 

The Department will issue the final 

results of this new shipper review, 

which will include the results of its 

analysis of any issues raised in written 

comments, within 90 days of the date on 

which these preliminary results are 

issued, in accordance with 19 CFR 

351.214(i)(1), unless the time limit is 

extended. See 19 CFR 351.214(i)(2). 

Assessment Rates 

Pursuant to 19 CFR 351.212(b), the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. For 

assessment purposes, the Department 

will calculate importer–specific (or 

customer) ad valorem duty assessment 

rates based on the ratio of the total 

amount of the dumping margins 

calculated for the examined sales to the 

total entered value of those same sales. 

The Department will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review if any importer–specific 

assessment rate calculated in the final 

results of this review is above de 

minimis. The Department intends to 

issue assessment instructions to CBP 15 

days after the date of publication of the 

final results of review. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

new shipper review for shipments of 

subject merchandise from Zhejiang 

Tianyi entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date, as provided by 

section 751(a)(2)(C) of the Act: (1) For 

subject merchandise produced and 

exported by Zhejiang Tianyi, the cash 

deposit rate will be that established in 

the final results of this review; (2) for 

subject merchandise exported by 

Zhejiang Tianyi but not produced by 

Zhejiang Tianyi, the cash deposit rate 

will continue to be the PRC–wide rate 

of 216.01 percent; (3) for subject 

merchandise produced by Zhejiang 

Tianyi, and exported by any party but 

itself, the cash deposit rate will be the 

rate applicable to the exporter. If the 

cash deposit rate calculated in the final 

results is zero or de minimis, no cash 

deposit will be required for those entries 

of subject merchandise both produced 

and exported by Zhejiang Tianyi. These 

cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Interested Parties 

This notice serves as a 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 POR. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

The Department is issuing and 

publishing this determination in 

accordance with sections 751(a)(2)(B) 

and 777(i) of the Act, and 19 CFR 

351.214(h) and 351.221(b)(4). 

Dated: February 23, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–4422 Filed 3–2–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

[Docket Number: 100217092–0110–01] 

Solicitation of Participation In and 

Public Meeting to Discuss Public 

Safety 700 MHz Broadband 

Demonstration Network 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of solicitation of 

participation. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) 

announces the building of a 700 MHz 

Public Safety Broadband Demonstration 

Network (Demonstration Network), 

which will provide manufacturers and 

first responders a location for early 

deployment of their systems in a multivendor, neutral host environment.1

Emergency responders will see how 

these broadband systems will function 

and determine through hands-on 

experience how these systems meet 

their unique needs. This Notice of 

Solicitation of Participation both seeks 

Expressions of Interest from parties that 

may be interested in participating in the 

Demonstration Network and also 

announces a project kick-off meeting for 

all interested stakeholders. 

DATES: Expressions of Interest in 

participating in the program are due on 

or before 5:00 pm Mountain Time, April 

30, 2010. A kick-off informational 

meeting will be held March 15, 2010, 

via webinar over the Internet. The 

registration deadline for participation in 

the meeting is due by 5 p.m. Mountain 

Time, March 12, 2010. Please see 

registration instructions in the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

ADDRESSES: Expressions of Interest in 

participating in the Demonstration 

Network and registrations for the kickoff meeting should be sent to 

700MHz@its.bldrdoc.gov. The webinar 

details, meeting time and teleconference 

bridge information will be e-mailed to 

registrants prior to the event. 

FOR FURTHER INFORMATION CONTACT: Emil 

Olbrich, (303) 497–4950, e-mail: 

700MHz@its.bldrdoc.gov. The mailing 

address is 325 Broadway, Mail Stop 

ITS.P, Boulder, CO, 80305. 

SUPPLEMENTARY INFORMATION: Public 

safety agencies have long struggled with 

mstockstill on DSKH9S0YB1PROD with NOTICES