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###### Department of Commerce

###### International Trade Administration

          - A-570-890

# AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

# SUMMARY:

The Department of Commerce (“Department”) has received requests to conduct an administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (“PRC”). The anniversary month of this order is January. In accordance with the Department's regulations, we are initiating this administrative review.

      ( print page 12236)    

# DATES:

*Effective Date:*                         February 29, 2012.                    

# FOR FURTHER INFORMATION CONTACT:

Rebecca Pandolph or Patrick O'Connor, 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) 482-3627 or (202) 482-0989 respectively.

# SUPPLEMENTARY INFORMATION:

 

## Background

                    The Department received timely requests, in accordance with 19 CFR 351.213(b), for an administrative review of the antidumping duty order on wooden bedroom furniture from the PRC covering multiple entities.[1]                                          The Department is now initiating an administrative review of the order covering those entities. All deadlines for the submission of various types of information, certifications, or comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting time.                

## Notice of No Sales

                    If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (“POR”), it must notify the Department within 60 days of publication of this notice in the                     **Federal Register**                    .[2]                                          All submissions must be filed electronically at                     *http://iaaccess.trade.gov*                     in accordance with 19 CFR 351.303.[3]                                          Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (“Act”). Further, in accordance with 19 CFR 351.303(f)(3)(ii), a copy of each request must be served on the petitioner and each exporter or producer specified in the request.                

## Respondent Selection

Section 777A(c)(1) of the Act directs the Department to calculate individual dumping margins for each known exporter and producer of the subject merchandise. Where it is not practicable to examine all known producers/exporters of subject merchandise, section 777A(c)(2)(B) of the Act permits the Department to examine exporters and producers accounting for the largest volume of the subject merchandise from the exporting country that can be reasonably examined. Due to the large number of firms for which an administrative review of wooden bedroom furniture has been requested, and the Department's experience regarding the resulting administrative burden of reviewing each company for which a request has been made, the Department is considering exercising its authority to limit the number of respondents selected for review in accordance with the Act.

                    In the event that the Department limits the number of respondents for individual examination in the administrative review of wooden bedroom furniture, the Department intends to select respondents based on volume data contained in responses to Q&V questionnaires. Further, the Department intends to limit the number of Q&V questionnaires issued in the review based on U.S. Customs and Border Protection (“CBP”) data for U.S. imports of wooden bedroom furniture from the PRC. Since the units used to measure import quantities are not consistent across the Harmonized Tariff Schedule of the United States headings identified in the scope of the order on wooden bedroom furniture from the PRC, the Department will limit the number of Q&V questionnaires issued based on the import values in CBP data which will serve as a proxy for import quantities. Parties subject to the review to which the Department does not send a Q&V questionnaire may file a response to the Q&V questionnaire by the applicable deadline if they desire to be included in the pool of companies from which the Department will select mandatory respondents. Parties will be given the opportunity to comment on the CBP data used by the Department to limit the number of Q&V questionnaires issued. We intend to release the CBP data under administrative protective order (“APO”) to all parties having an APO within seven days of publication of this notice in the                     **Federal Register**                    . The Department invites comments regarding CBP data and respondent selection within five days of placement of the CBP data on the record.                

                    In this case, the Department has decided to send Q&V questionnaires to the 20 companies for which reviews were requested with the largest total values of subject merchandise imported into the United States during the POR according to CBP data. The Department will issue the Q&V questionnaires the day after this notice is signed. In addition, the Q&V questionnaire will be available on the Department's Web site at                     *http://trade.gov/​ia/​*                     on the date this notice is signed. The responses to the Q&V questionnaire must be received by the Department by March 15, 2012. Please be advised that due to the time constraints imposed by the statutory and regulatory deadlines for antidumping duty administrative reviews, the Department does not intend to grant any extensions for the submission of responses to the Q&V questionnaire.                

                    In general, the Department has found that determinations concerning whether particular companies should be “collapsed” (                    *i.e.,*                     treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (                    *i.e.,*                     investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Q&V questionnaire for purposes of respondent selection, in general each company must report Q&V data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where the Department considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted.                          ( print page 12237)    

## Deadline for Withdrawal of Request for Administrative Review

Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that, with regard to reviews requested on the basis of anniversary months on or after August 2011, the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis.

## Separate Rates

In proceedings involving non-market economy (“NME”) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department's policy to assign all exporters of merchandise subject to an administrative review 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.

                    To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department analyzes each entity exporting the subject merchandise under criteria 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), as amplified by                     *Final Determination of Sales at Less Than Fair Value: Silicon Carbide From the People's Republic of China,*59 FR 22585 (May 2, 1994). In accordance with the separate-rates test, the Department assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both                     *de jure*                     and                     *de facto*                     government control over export activities.                

                    All firms listed below that wish to qualify for separate-rate status in this administrative review must complete, as appropriate, either a separate-rate certification or application, as described below. In order to demonstrate separate-rate eligibility, the Department requires entities for which a review was requested and that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on the Department's Web site at                     *http://ia.ita.doc.gov/​nme/​nme-sep-rate.html.*                     In responding to the certification, please follow the “Instructions for Filing the Certification” in the Separate Rate Certification. Separate Rate Certifications are due to the Department no later than 60 days after publication of this                     **Federal Register**                     notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States.                

                    Entities that currently do not have a separate rate from a completed segment of the proceeding [4]                                          should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. In addition, companies that received a separate rate in a completed segment of the proceeding that have subsequently made changes, including, but not limited to, changes to corporate structure, acquisitions of new companies or facilities, or changes to their official company name,[5]                                          should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. The Separate Rate Application will be available on the Department's Web site at                     *http://ia.ita.doc.gov/​nme/​nme-sep-rate.html.*                     In responding to the Separate Rate Application, refer to the instructions contained in the application. Separate Rate Applications are due to the Department no later than 60 calendar days after publication of this                     **Federal Register**                     notice. The deadline and requirement for submitting a Separate Rate Application applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers that purchase and export subject merchandise to the United States.                

For exporters and producers who submit a separate-rate application or certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate-rate status unless they respond to all parts of the questionnaire as mandatory respondents.

## Notification

                    This notice constitutes public notification to all firms for which an administrative review of wooden bedroom furniture has been requested and that are seeking separate rate status in that review, that they must submit a timely Separate Rate Application or Certification (as appropriate) as described above, in order to receive consideration for separate-rate status. Firms to which the Department issues a Q&V questionnaire must submit a timely and complete response to the Q&V questionnaire, in addition to a timely and complete Separate Rate Application or Certification in order to receive consideration for separate-rate status. In other words, the Department will not give consideration to any timely Separate Rate Certification or Application made by parties to whom the Department issued a Q&V questionnaire but who failed to respond in a timely manner to the Q&V questionnaire. Exporters subject to the review to which the Department does not send a Q&V questionnaire may receive consideration for separate-rate status if they file a timely Separate Rate Application or a timely Separate Rate Certification without filing a response to the Q&V questionnaire. All information submitted by respondents in this administrative review is subject to verification. As noted above, the Separate Rate Certification, the Separate Rate Application, and the Q&V questionnaire will be available on the Department's Web site on the date of publication of this notice in the                     **Federal Register**                    .                

## Initiation of Review

In accordance with 19 CFR 351.221(c)(1)(i), we are initiating an administrative review of the antidumping duty order on wooden bedroom furniture from the PRC with respect to the following companies, for the January 1, 2011, through December 31, 2011, POR. We intend to issue the final results of this review no later than January 31, 2013.

Alexandre International Corp.;* Southern Art Development Ltd.;* Alexandre Furniture (Shenzhen) Co.,      ( print page 12238)                        Ltd.;* Southern Art Furniture Factory.*                

Prime Wood International Co., Ltd; * Prime Best International Co., Ltd.; * Prime Best Factory; * Liang Huang (Jiaxing) Enterprise Co., Ltd.*      ( print page 12239)    

* These companies had a separate rate in the most recently completed segment of this proceeding in which they participated.

                    During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with                     *FAG Italia*                     v.                    *United States,*                     291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested.                

                    Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. On January 22, 2008, the Department published                     *Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures,*73 FR 3634 (January 22, 2008). Those procedures apply to the administrative review of the antidumping duty order on wooden bedroom furniture from the PRC which is being initiated through this notice. Parties that wish to participate in the antidumping duty administrative review of wooden bedroom furniture from the PRC should ensure that they meet the requirements in these procedures (                    *e.g.*                     the filing of separate letters of appearance as discussed in 19 CFR 351.103 (d)).                

                    Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness                           ( print page 12240)                        of that information.[6]                                          Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all segments of any antidumping duty or countervailing duty proceedings initiated on or after March 14, 2011.[7]                                          The formats for the revised certifications are provided at the end of the                     *Interim Final Rule.*                     The Department intends to reject factual submissions in any proceeding segments initiated on or after March 14, 2011 if the submitting party does not comply with the revised certification requirements.                

This initiation and notice are in accordance with section 751(a) of the Act (19 USC 1675(a)), and 19 CFR 351.221(c)(1)(i).

Dated: February 23, 2012.

Christian Marsh,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

# Footnotes

1.                                                     *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).                    
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2.                             Producers or exporters may also fulfill this requirement by submitting a properly filed and timely quantity and value (“Q&V”) questionnaire response that indicates that the entity or entities had no exports, sales, or entries of subject merchandise during the POR.                         *See*                         discussion                         *infra*                         providing further information regarding Q&V questionnaires.                    
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3.                                                     *See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures,*76 FR 39263 (July 6, 2011).                    
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4.                             Such entities include entities that have not participated in the proceeding, entities that were preliminarily granted a separate rate in any currently incomplete segment of the proceedings (                        *e.g.,*                         an ongoing administrative review, new shipper review,                         *etc.*) and entities that lost their separate rate in the most recently completed segment of the proceeding in which they participated.                    
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5.                             Only changes to the official company name, rather than trade names, need to be addressed via a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Certification.                    
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6.                                                     *See*                         section 782(b) of the Act.                    
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7.                                                     *See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule,*76 FR 7491 (February 10, 2011) (”                        *Interim Final Rule”*), amending 19 CFR 351.303(g)(1) and (2).                    
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[FR Doc. 2012-4839 Filed 2-28-12; 8:45 am]

BILLING CODE 3510-DS-P