[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43096-43097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20625]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-890


Wooden Bedroom Furniture from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Reviews

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

EFFECTIVE DATE: August 26, 2009.

SUMMARY: The Department of Commerce (Department) has determined that 
two timely requests for new shipper reviews of the antidumping duty 
order on wooden bedroom furniture from the People's Republic of China 
(PRC) meet the statutory and regulatory requirements for initiation. 
For one of the two new shipper reviews that the Department is 
initiating, the period of review (POR) is January 1, 2009, through June 
30, 2009. For the other new shipper review where the shipment entered 
after the period January 1, 2009, through June 30, 2009, the Department 
is initiating and extending the POR by thirty days, pursuant to 19 CFR 
351.214(f)(2)(ii). The POR for this new shipper review is January 1, 
2009, through July 30, 2009.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Drew Jackson, 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) 482-4406, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on wooden bedroom 
furniture from the PRC was published on January 4, 2005. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Wooden Bedroom Furniture from the People's 
Republic of China, 70 FR 329 (January 4, 2005). On July 31, 2009, 
pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214(c), the Department received 
timely requests for new shipper reviews from Rise Furniture Co., Ltd. 
(Rise Furniture), and Zhejiang Tianyi Scientific & Educational 
Equipment Co., Ltd. (Zhejiang Tianyi). Rise Furniture and Zhejiang 
Tianyi certified that they are each the producer and exporter of the 
subject merchandise upon which their respective request for a new 
shipper review was based.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Rise Furniture and Zhejiang Tianyi certified that 
they did not export wooden bedroom furniture to the United States 
during the period of investigation (POI). In addition, pursuant to 
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Rise Furniture and Zhejiang Tianyi certified 
that, since the initiation of the investigation, they have never been 
affiliated with any PRC exporter or producer who exported wooden 
bedroom furniture to the United States during the POI, including those 
not individually examined during the investigation. As required by 19 
CFR 351.214(b)(2)(iii)(B), Rise Furniture and Zhejiang Tianyi, also 
certified that their export activities were not controlled by the 
central government of the PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Rise Furniture and Zhejiang Tianyi submitted 
documentation establishing the following: (1) the date on which Rise 
Furniture and Zhejiang Tianyi first shipped wooden bedroom furniture 
for export to the United States and the date on which the wooden 
bedroom furniture was first entered, or withdrawn from warehouse, for 
consumption;\1\ (2) the volume of their first shipment;\2\ and (3) the 
date of their first sale to an unaffiliated customer in the United 
States.
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    \1\ Rise Furniture reported that its shipment of subject 
merchandise entered during the POR for this new shipper review 
(i.e., prior to July 1, 2009); however, the results of the 
Department's query of CBP data indicate that the shipment entered 
shortly after the end of the POR. See Memorandum to the File through 
Abdelali Elouaradia, Director, AD/CVD Operations, Office 4: New 
Shipper Review of Wooden Bedroom Furniture, Placing CBP data on the 
record, dated concurrently with this notice.
    \2\ Rise Furniture and Zhejiang Tianyi made no subsequent 
shipments to the United States.
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    The Department conducted U.S. Customs and Border Protection (CBP) 
database queries and confirmed that Rise Furniture's and Zhejiang 
Tianyi's shipments of subject merchandise had entered the United States 
for consumption and that liquidation of such entries had been properly 
suspended for antidumping duties. The Department also confirmed by 
examining the CBP data that Zhejiang Tianyi's entry was made during the 
POR specified by the Department's regulations.
    When the sale of the subject merchandise occurs within the POR 
specified by the Department's regulations but the entry occurs after 
the

[[Page 43097]]

POR, the specified POR may be extended unless it would be likely to 
prevent the completion of the review within the time limits set by the 
Department's regulations. See 19 CFR 351.214(f)(2)(ii). Additionally, 
the preamble to the Department's regulations states that both the entry 
and the sale should occur during the POR, and that under 
``appropriate'' circumstances the Department has the flexibility to 
extend the POR. See Antidumping Duties; Countervailing Duties; Final 
Rule, 62 FR 27296, 27319-27320 (May 19, 1997). In this instance, Rise 
Furniture's sale of subject merchandise was made during the POR 
specified by the Department's regulations but the shipment entered 
within thirty days after the end of that POR. The Department finds that 
extending the POR to capture this entry would not prevent the 
completion of the review within the time limits set by the Department's 
regulations. Therefore, the Department has extended the POR for the new 
shipper review of Rise Furniture by thirty days. See Memorandum to the 
File through Abdelali Elouaradia, Director, AD/CVD Operations, Office 
4: New Shipper Review of Wooden Bedroom Furniture, Placing CBP data on 
the record, dated concurrently with this notice.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that Rise Furniture and Zhejiang 
Tianyi meet the threshold requirements for initiation of new shipper 
reviews of their shipments of wooden bedroom furniture from the PRC. 
See Memorandum to the File through Abdelali Elouaradia, Director, AD/
CVD Operations, Office 4: Initiation of AD New Shipper Review: Wooden 
Bedroom from the People's Republic of China, and the attached New 
Shipper Initiation Checklists, dated concurrently with this notice.
    The POR for the new shipper review of Zhejiang Tianyi is January 1, 
2009, through June 30, 2009. See 19 CFR 351.214(g)(1)(i)(B). As 
discussed above, the POR for the new shipper review of Rise Furniture 
is January 1, 2009, through July 30, 2009. The Department intends to 
issue the preliminary results of these reviews no later than 180 days 
from the date of initiation, and the final results of these reviews no 
later than 270 days from the date of initiation. See section 
751(a)(2)(B)(iv) of the Act.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to Rise Furniture and Zhejiang Tianyi, which will 
include a separate rate section. The review of each exporter will 
proceed if the response provides sufficient indication that the 
exporter is not subject to either de jure or de facto government 
control with respect to its export of wooden bedroom furniture.
    We will instruct the CBP to allow, at the option of the importer, 
the posting, until the completion of the review, of a bond or security 
in lieu of a cash deposit for each entry of the subject merchandise 
from Rise Furniture and Zhejiang Tianyi in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Rise 
Furniture and Zhejiang Tianyi certified that they both produce and 
export the subject merchandise, the sale of which is the basis for 
these new shipper review requests, we will apply the bonding privilege 
to each respondent only for subject merchandise which the respondent 
both produced and exported.
    Interested parties requiring access to proprietary information in 
these new shipper reviews should submit applications for disclosure 
under administrative protective order in accordance with 19 CFR 351.305 
and 351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: August 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-20625 Filed 8-25-09; 8:45 am]
BILLING CODE 3510-DS-S