[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8506-8508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4033]


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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 Changed Circumstances Review and Determination to 
Revoke Order in Part

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

EFFECTIVE DATE: January 1, 2007
SUMMARY: On January 9, 2009, the Department of Commerce (the 
``Department'') published a notice of initiation and preliminary 
results of antidumping duty (``AD'') changed circumstances review with 
intent to revoke, in part, the AD order on wooden bedroom furniture 
from the People's Republic of China (``PRC''). See Wooden Bedroom 
Furniture from the People's Republic of China: Notice of Initiation and 
Preliminary Results of Changed Circumstances Review, and Intent to 
Revoke Order in Part, 74 FR 886 (January 9, 2009) (``Initiation and 
Preliminary Results''). We are now revoking this order in part, with 
regard to the following product: toy boxes, as described in the 
relevant footnote (footnote 15 in this document) of the ``Scope of the 
Order'' section of this notice, based on the fact that domestic parties 
have expressed no further interest in the relief provided by the order 
with respect to the imports of these toy boxes, as so described.
    In its November 25, 2008, submission, the American Furniture 
Manufacturers Committee for Legal Trade and its individual members (the 
``AFMC'' or ``petitioners'') stated that they no longer have any 
interest in seeking antidumping relief from imports of such toy boxes 
as defined in the ``Scope of the Order'' section below.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Robert Bolling, 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)482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 25, 2008, the Department received a request on behalf 
of the petitioners, for revocation in part of the AD order on wooden 
bedroom furniture from the PRC pursuant to sections 751(b)(1) and 
782(h) of the Tariff Act of 1930, as amended (``the Act''), with 
respect to toy boxes. In their November 25, 2008, submission, 
Petitioners stated that they no longer have any interest in antidumping 
relief from imports of such toy boxes.

Scope of Changed Circumstances Review

    The merchandise covered by this changed circumstances review are 
toy boxes from the PRC meeting the following criteria. The toy box 
must: 1) be wider than it is tall; (2) have dimensions within 16 27 
inches in height, 15 18 inches in depth, and 21 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. Effective upon 
publication of this final results of changed circumstances review in 
the Federal Register, the amended scope of the order will read as 
follows.

Scope of the Amended 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, oriented 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

[[Page 8507]]

mirrors that are attached to, incorporated in, sit on, or hang over the 
dresser; (5) chests-on-chests,\1\ 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 armoires;\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\ 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.
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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'' in width, 18`` in depth, and 
49'' 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'' 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 lined 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 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 - 27 inches in height, 15 - 18 
inches in depth, and 21 - 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.
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Final Results of Review; Partial Revocation of Antidumping Duty Order

    The affirmative statement of no interest by petitioners concerning 
toy boxes, as described herein, constitutes changed circumstances 
sufficient to warrant revocation of this order in part. No party 
commented on the Initiation and Preliminary Results. Additionally, no 
party contests that petitioner's statement of no interest represents 
the views of domestic producers accounting for substantially all of the 
production of the particular domestic like product (i.e., toy boxes). 
Therefore, the Department is partially revoking the order on wooden 
bedroom furniture with respect to toy boxes from the PRC with regard to 
products which meet the specifications detailed above, in accordance 
with sections 751(b), (d) and 782(h) of the Act and 19 CFR 351.216(d) 
and 351.222(g).
    In this changed circumstances review we have determined to revoke 
the order in part, retroactive to January 1, 2007, (the date following 
the last day of the most recently completed administrative review) for 
unliquidated entries in light of: 1) the submission by petitioners; 2) 
the fact that entries after this date are not subject to a final 
determination by the Department; and 3) we have received no comments 
following our preliminary results of January 9, 2009, where we 
indicated that this changed circumstances review will apply 
retroactively. We hereby notify the

[[Page 8508]]

public of our revocation in part with respect to toy boxes in the 
antidumping duty order on wooden bedroom furniture from the PRC 
retroactive to January 1, 2007.
    We will instruct the U.S. Customs and Border Protection to 
liquidate without regard to antidumping duties, as applicable, and to 
refund any estimated antidumping duties collected for all unliquidated 
entries of toy boxes, made on or after January 1, 2007, meeting the 
specifications indicated above, in accordance with 19 CFR 351.222.
    This notice serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    This changed circumstances administrative review, partial 
revocation of the antidumping duty order and notice are in accordance 
with sections 751(b), (d) and 782(h) of the Act and 19 CFR 351.216(e) 
and 351.222(g).

    Dated: February 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-4033 Filed 2-24-09; 8:45 am]
BILLING CODE 3510-DS-S