[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54208-54209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22327]
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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 Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 31, 2011.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on wooden bedroom furniture from the People's Republic of China
(``PRC'') meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for the new shipper review
is January 1, 2011, through June 30, 2011.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor 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-
0989 or (202) 482-3627 respectively.
SUPPLEMENTARY INFORMATION:
Background
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 August 1, 2011, 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 a timely request for a
new shipper review from Marvin Furniture (Shanghai) Co. Ltd.
(``Marvin''). On August 11, 2011, and August 19, 2011, the Department
issued supplemental questionnaires to Marvin. On August 19, 2011,
Marvin submitted its response to the August 11, 2011 supplemental
questionnaire. On August 19, 2011, the Department placed entry data
received from U.S. Customs and Border Protection (``CBP'') on the
record of this proceeding and provided interested parties with an
opportunity to comment on the data. On August 24, 2011, Marvin
commented on the CBP data and requested an extension to file its
response to the August 19, 2011 supplemental questionnaire.
Marvin stated that it is both the exporter and producer of the
subject merchandise upon which its request for a new shipper review is
based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Marvin certified that it 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), Marvin
certified that, since the initiation of the investigation, it has 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), Marvin also certified that its export
activities were not controlled by the central government of the PRC.
See
[[Page 54209]]
generally, Memorandum to the File through Abdelali Elouaradia,
Director, AD/CVD Operations, Office 4: Initiation of Antidumping New
Shipper Review of Wooden Bedroom Furniture from the People's Republic
of China: Marvin Furniture (Shanghai) Co. Ltd.: (``Initiation
Checklist''), dated concurrently with this notice.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Marvin submitted documentation establishing the
following: (1) The date on which it 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; (2) the volume of its first shipment; and
(3) the date of its first sale to an unaffiliated customer in the
United States. See generally, Initiation Checklist.
The Department conducted a CBP database query and confirmed by
examining the results of the CBP data query that Marvin's subject
merchandise entered the United States during the POR specified by the
Department's regulations. See 19 CFR 351.214(g)(1)(i)(A). Pursuant to
19 CFR 351.221(c)(1)(i), the Department will publish the notice of
initiation of a new shipper review no later than the last day of the
month following the anniversary or semiannual anniversary month of the
order.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and
the information on the record, the Department finds that Marvin meets
the threshold requirements for initiation of a new shipper review of
its shipment(s) of wooden bedroom furniture from the PRC. See
generally, Initiation Checklist. The POR for the new shipper review of
Marvin is January 1, 2011, through June 30, 2011. See 19 CFR
351.214(g)(1)(i)(B). The Department intends to issue the preliminary
results of this review no later than 180 days from the date of
initiation, and the final results of this review 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 a questionnaire to Marvin which will include a separate rate
section. The review of the 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
exports of wooden bedroom furniture.
We will instruct 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 certain entries of the subject merchandise
from Marvin in accordance with section 751(a)(2)(B)(iii) of the Act and
19 CFR 351.214(e). Because Marvin stated that it both produces and
exports the subject merchandise, the sales of which form the basis for
its new shipper review request, we will instruct CBP to permit the use
of a bond only for entries of subject merchandise which the respondent
both produced and exported.
Interested parties requiring access to proprietary information in
this new shipper review 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 25, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-22327 Filed 8-30-11; 8:45 am]
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