[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Pages 48905-48907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23234]


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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 New Shipper Review

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

EFFECTIVE DATE: September 25, 2009.

SUMMARY: On June 30, 2009, the Department of Commerce (``Department'') 
published the preliminary results of the new shipper review (``NSR'') 
of the antidumping duty order on wooden bedroom furniture from the 
People's Republic of China (``PRC'') covering sales of subject 
merchandise made by Shanghai Fangjia Industry Co., Ltd. (``Fangjia''). 
See Wooden Bedroom Furniture from the People's Republic of China: 
Preliminary Results of New Shipper Review, 74 FR 31244 (June 30, 2009) 
(``Preliminary Results''). In accordance with 19 CFR 351.309(c)(ii), we 
gave interested parties an opportunity to comment on the Preliminary 
Results and received none. Accordingly, we have not made changes to the 
Preliminary Results and continue to determine that Fangjia has not made 
sales at less than normal value (``NV'').

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Lori Apodaca, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4474 and (202) 482-4551, respectively.

SUPPLEMENTARY INFORMATION: We published the Preliminary Results for 
this new shipper review on June 30, 2009. 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. See Preliminary Results, at 74 FR 31249. No interested party 
submitted a case or rebuttal brief.

Period of Review

    The period of review (``POR'') is January 1, 2008, through June 30, 
2008.

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 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\

[[Page 48906]]

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 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;\10\ (9) jewelry armories;\11\ (10) cheval 
mirrors;\12\ (11) certain metal parts;\13\ (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\14\ and (14) toy 
boxes.\15\
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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<gr-thn-eq> in width, 
18<gr-thn-eq> in depth, and 49<gr-thn-eq> 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: Notice of Final Results of Changed Circumstances 
Review and Revocation in Part, 71 FR 38621 (July 7, 2006).
    \12\ Cheval mirrors are any framed, tiltable mirror with a 
height in excess of 50<gr-thn-eq> 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 iwthout a owrking 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 Results of Changed Circumstances Review and Determination to 
Revoke Order in Part, 72 FR 948 (January 9, 2007).
    \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 under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheading 9403.90.7000.
    \14\ 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).
    \15\ 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 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 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.

New Shipper Status

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

Changes Since the Preliminary Results

    Based on our analysis of information on the record of the instant 
NSR and because we did not receive comments from the interested 
parties, we have not made changes to the Preliminary Results margin 
calculations.

Surrogate Country

    Since the Preliminary Results, no additional information has been 
placed on the record of this segment of the proceeding and 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 this NSR.

Separate Rates

    The Department found in the Preliminary Results that Fangjia 
demonstrated a lack of de jure and de facto government control with 
respect to its export activities, and preliminarily determined that it 
was eligible for a

[[Page 48907]]

separate rate. See Preliminary Results, at 74 FR at 31247. No 
information has been placed on the record of this segment of the 
proceeding since the Preliminary Results to contradict our preliminary 
separate-rate determination. Therefore, for the final results, we 
continue to determine that Fangjia is eligible for a separate rate.

Final Results of the New Shipper Review

    The Department has determined that the following final dumping 
margin exists for the period January 1, 2008, through June 30, 2008:

                  Wooden Bedroom Furniture from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                  Exporter/Producer                    Margin (Percent)
------------------------------------------------------------------------
Shanghai Fangjia Industry Co., Ltd./Jiangsu Danyang                 0.00
 Brilliant Furniture Co., Ltd.......................
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. For importers/customers of the respondent where 
the respondent did not report entered values, we have calculated 
importer/customer-specific antidumping duty assessment amounts based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales of subject merchandise to the total quantity of subject 
merchandise sold in those transactions. For importers/customers of the 
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 in 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 these final results of 
NSR.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of NSR 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 
combination listed above, the cash deposit rate will be the rates shown 
for these companies; 2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate or 
combination rate published for the most recent period; 3) for all PRC 
exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash deposit rate will be the PRC-wide 
rate of 216.01 percent; and 4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC 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 orders (``APOs'') 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.

Disclosure

    We will disclose the calculations performed for these final results 
within five days of the date of publication of this notice to 
interested parties in accordance with 19 CFR 351.224(b).
    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)(1) of 
the Act and 19 CFR 351.221(b)(5).

    Dated: September 16, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. E9-23234 Filed 9-24-09; 8:45 am]
BILLING CODE 3510-DS-S