[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13322-13323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04575]
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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.
[[Page 13323]]
DATES: Effective Date: February 27, 2013.
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, 2012 through December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Lori Apodaca, 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) 482-4551.
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 January 23, 2013, 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 Dongguan Chengcheng Furniture Co., Ltd.
(``Dongguan Chengcheng''). On February 6, 2013, 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. No parties, other than Dongguan
Chengcheng, commented on the CBP data. On February 6, 2013, the
Department issued a supplemental questionnaire to Dongguan Chengcheng.
On February 12, 2013, Dongguan Chengcheng submitted its supplemental
questionnaire response. In its supplemental questionnaire response,
Dongguan Chengcheng provided comments regarding the entry data received
from CBP. We have also requested entry documents from CBP in order to
confirm certain information reported by Dongguan Chengcheng. The
continuation of the new shipper review will be contingent upon
confirmation of this information. See, 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: Dongguan Chengcheng Furniture Co. Ltd.:
(``Initiation Checklist''), dated concurrently with this notice at item
18.
Dongguan Chengcheng 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), Dongguan Chengcheng 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),
Dongguan Chengcheng 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), Dongguan
Chengcheng also certified that its export activities were not
controlled by the central government of the PRC. See generally,
Initiation Checklist.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Dongguan Chengcheng 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 Dongguan Chengcheng'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
based on the information on the record, the Department finds that
Dongguan Chengcheng 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 Dongguan Chengcheng is January 1, 2012, through
December 31, 2012. See 19 CFR 351.214(g)(1)(i)(A). 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 Dongguan Chengcheng 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 Dongguan Chengcheng in accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e). Because Dongguan Chengcheng 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: February 21, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-04575 Filed 2-26-13; 8:45 am]
BILLING CODE 3510-DS-P