[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6690-6693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02448]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Preliminary Results of Changed Circumstances Review, and Intent To
Revoke Antidumping Duty Order in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2014, the Department of Commerce (the
``Department'') received a request for revocation, in part, of the
antidumping duty (``AD'') order on wooden bedroom furniture from the
People's Republic of China (``PRC'') \1\ with respect to certain shoe
cabinets. We preliminarily determine that the producers accounting for
substantially all of the production of the domestic like product to
which the Order pertains lack interest in the relief provided by the
Order with respect to certain shoe cabinets described below.
Accordingly, we intend to revoke, in part, the Order as to imports of
certain shoe cabinets. The Department invites interested parties to
comment on these preliminary results.
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\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)
(``Order'').
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DATES: Effective Date: February 6, 2015.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936 or (202) 482-5193, respectively.
Background
On January 4, 2005, the Department published the Order in the
Federal Register. On June 2, 2014, the Department received a request on
behalf of Elements International Group LLC (``Elements'') for a changed
circumstances review to revoke, in part, the Order with respect to
certain shoe cabinets.\2\ In its request, Elements stated that the
American Furniture Manufacturing Committee for Legal Trade and Vaughan-
Basset Furniture Company, Inc. (``Petitioners'') discussed the scope
exclusion described below and are in agreement with the revocation, in
part. On June 3, 2014, the Department received a letter from the
Petitioners in which they stated they were in agreement with the
proposed scope exclusion language in Elements' June 2, 2014, changed
circumstances review request.\3\
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\2\ See Submission from Elements, ``Wooden Bedroom Furniture
From the People's Republic of China: Request for a Changed
Circumstance Review Regarding Shoe Cabinets,'' dated June 2, 2014
(``Elements' Request'').
\3\ See Submission from Petitioners, ``Wooden Bedroom Furniture
From The People's Republic of China/Petitioners' Response to
Elements' Letter of June 2, 2014,'' dated June 3, 2014.
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On July 15, 2014, we published the Initiation Notice in the Federal
Register.\4\ Because the statement submitted by Petitioners in support
of Elements' Request did not indicate whether Petitioners account for
substantially all of the domestic wooden bedroom furniture production,
in the Initiation Notice, we invited interested parties to submit
comments concerning industry support, as well as comments and/or
factual information regarding the changed circumstances review.\5\ We
received no comments concerning industry support.
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\4\ See Wooden Bedroom Furniture From the People's Republic of
China: Notice of Initiation of Changed Circumstances Review, and
Consideration of Revocation of the Antidumping Duty Order in Part,
79 FR 41260 (July 15, 2014) (``Initiation Notice'')
\5\ Id. at 41262.
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Scope of the Order
The product covered by the order is wooden bedroom furniture.
Wooden
[[Page 6691]]
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,\6\ highboys,\7\ lowboys,\8\ chests of drawers,\9\ chests,\10\
door chests,\11\ chiffoniers,\12\ hutches,\13\ and armoires;\14\ (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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\6\ 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.
\7\ 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).
\8\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\9\ A chest of drawers is typically a case containing drawers
for storing clothing.
\10\ 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.
\11\ 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.
\12\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\13\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\14\ 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; \15\ (9) jewelry armories; \16\ (10) cheval mirrors;
\17\ (11) certain metal parts; \18\ (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 \19\; and (14) toy boxes.\20\
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\15\ 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 CBP's Headquarters Ruling Letter 043859,
dated May 17, 1976.
\16\ Any armoire, cabinet or other accent item for the purpose
of storing jewelry, not to exceed 24 inches in width, 18 inches in
depth, and 49 inches 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: Final Changed Circumstances Review, and
Determination To Revoke Order in Part, 71 FR 38621 (July 7, 2006).
\17\ Cheval mirrors are any framed, tiltable mirror with a
height in excess of 50 inches 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 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 Changed Circumstances Review and Determination To Revoke Order
in Part, 72 FR 948 (January 9, 2007).
\18\ 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 HTSUS
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
\19\ 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).
\20\ 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 subheadings
9403.50.9042 and 9403.50.9045 of the
[[Page 6692]]
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 9403.50.9042 or 9403.50.9045 of the
HTSUS as ``parts of wood.'' Subject merchandise may also be entered
under subheadings 9403.50.9041, 9403.60.8081, or 9403.20.0018. Further,
framed glass mirrors may be entered under subheading 7009.92.1000 or
7009.92.5000 of the HTSUS as ``glass mirrors . . . framed.'' The 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.
Scope of Changed Circumstances Review
The products covered by this changed circumstances review are shoe
cabinets 31.5-33.5 inches wide by 15.5-17.5 inches deep by 34.5-36.5
inches high. They are designed strictly to store shoes, which are
intended to be aligned in rows perpendicular to the wall along which
the cabinet is positioned. Shoe cabinets do not have drawers, rods, or
other indicia for the storage of clothing other than shoes. The
cabinets are not designed, manufactured, or offered for sale in
coordinated groups or sets and are made substantially of wood, have two
to four shelves inside them, and are covered by doors. The doors often
have blinds that are designed to allow air circulation and release of
bad odors. The doors themselves may be made of wood or glass. The depth
of the shelves does not exceed 14''. Each shoe cabinet has doors,
adjustable shelving, and ventilation holes.
Preliminary Results of Changed Circumstances Review, and Intent To
Revoke the Order, in Part
Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended
(the ``Act''), and 19 CFR 351.222(g), the Department may revoke an AD
order, in whole or in part, based on a review under section 751(b) of
the Act (i.e., a changed circumstances review). Section 751(b)(1) of
the Act requires a changed circumstances review to be conducted upon
receipt of a request which shows changed circumstances sufficient to
warrant a review. Section 782(h)(2) of the Act gives the Department the
authority to revoke an order if producers accounting for substantially
all of the production of the domestic like product have expressed a
lack of interest in the order. 19 CFR 351.222(g) provides that the
Department will conduct a changed circumstances review under 19 CFR
351.216, and may revoke an order (in whole or in part), if it concludes
that (i) producers accounting for substantially all of the production
of the domestic like product to which the order pertains have expressed
a lack of interest in the relief provided by the order, in whole or in
part, or (ii) if other changed circumstances sufficient to warrant
revocation exist. Both the Act and the Department's regulations require
that ``substantially all'' domestic producers express a lack of
interest in the order for the Department to revoke the order, in whole
or in part.\21\ The Department has interpreted ``substantially all'' to
represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\22\
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\21\ See Section 782(h) of the Act and 19 CFR 351.222(g).
\22\ See Honey From Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791
(November 14, 2012), unchanged in Honey From Argentina; Final
Results of Antidumping and Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and Countervailing Duty Orders,
77 FR 77029 (December 31, 2012) (``Honey from Argentina'').
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On June 2, 2014, Elements requested that the Department expedite
the changed circumstances review.\23\ The Department's regulations do
not specify a deadline for the issuance of preliminary results of a
changed circumstances review, but provide that the Department will
issue the final results of review within 270 days after the date on
which the changed circumstances review is initiated, or within 45 days
if all parties to the proceeding agree to the outcome of the
review.\24\ The Department did not issue a combined notice of
initiation and preliminary results because, as discussed above, the
statement provided by Petitioners and offered in support of Elements'
Request does not indicate whether Petitioners account for substantially
all domestic wooden bedroom furniture production.\25\ Thus, the
Department did not determine in the Initiation Notice that producers
accounting for substantially all of the production of the domestic like
product lacked interest in the continued application of the Order as to
certain shoe cabinets. Further, the Department requested interested
party comments on the issue of domestic industry support of a partial
revocation.\26\ Because the Department received no comments concerning
a lack of industry support or opposing initiation of the changed
circumstances review of the Order, the Department now preliminarily
finds that producers accounting for substantially all of the production
of the domestic like product lack interest in the relief afforded by
the Order with respect to the certain shoe cabinets described in
Elements' Request. We request comment from interested parties on that
preliminary finding before issuing the final results of this
review.\27\
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\23\ See Elements' Request.
\24\ 19 CFR 351.216(e).
\25\ See Initiation Notice.
\26\ Id.
\27\ See, e.g., Honey From Argentina; Aluminum Extrusions From
the People's Republic of China: Preliminary Results of Changed
Circumstances Reviews, and Intent To Revoke Antidumping and
Countervailing Duty Orders in Part, 78 FR 66895, 66897 (November 7,
2013), unchanged in Aluminum Extrusions From the People's Republic
of China: Final Results of Changed Circumstances Reviews; Partial
Revocation of Antidumping and Countervailing Duty Orders, 79 FR 634
(January 6, 2014); Wooden Bedroom Furniture From the People's
Republic of China: Preliminary Results of Changed Circumstances
Review, and Intent To Revoke Antidumping Duty Order in Part, 79 FR
48727, 48729 (August 18, 2014)), unchanged in Wooden Bedroom
Furniture From the People's Republic of China: Final Results of
Changed Circumstances Review, and Revocation of Antidumping Duty
Order, in Part, 79 FR 64569 (October 30, 2014); see also 19 CFR
351.222(g)(1)(v).
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As noted in the Initiation Notice, Elements requested the
revocation of the Order, in part, and supported its request. In light
of Elements' Request and the interested party comments received during
the comment period, we preliminarily conclude that changed
circumstances warrant revocation of the Order, in part, because the
producers accounting for substantially all of the production of the
domestic like product to which the Order pertains lack interest in the
relief provided by the Order with respect to the certain shoe cabinets
that are the subject of Elements' Request.
Accordingly, we are notifying the public of our intent to revoke
the Order, in part, with respect to certain shoe cabinets. We intend to
revoke the Order as to certain shoe cabinets by including the following
language in the scope of the Order:
Also excluded from the scope are certain shoe cabinets 31.5-33.5 inches
wide by 15.5-17.5 inches deep by 34.5-36.5 inches high. They are
designed strictly to store shoes, which are intended to be aligned in
rows perpendicular to the wall along which the cabinet is positioned.
Shoe cabinets do not have drawers, rods, or other indicia for the
storage of clothing other than shoes. The cabinets are not designed,
manufactured, or offered for
[[Page 6693]]
sale in coordinated groups or sets and are made substantially of wood,
have two to four shelves inside them, and are covered by doors. The
doors often have blinds that are designed to allow air circulation and
release of bad odors. The doors themselves may be made of wood or
glass. The depth of the shelves does not exceed 14 inches. Each shoe
cabinet has doors, adjustable shelving, and ventilation holes.
Public Comment
Interested parties are invited to comment on these preliminary
results in accordance with 19 CFR 351.309(c)(1)(ii). If an interested
party is of the view that certain arguments continue to be relevant to
the Department's final results of this review, that interested party is
required to file a case brief containing all such arguments, including
any such arguments presented to the Department before the date of
publication of the preliminary results, pursuant to 19 CFR
351.309(c)(2). Written comments may be submitted no later than 10 days
after the date of publication of these preliminary results. Rebuttals
to written comments, limited to issues raised in such comments, may be
filed no later than seven days after the due date for comments. All
comments are to be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``ACCESS'') which is available to registered users at
http://access.trade.gov and in the Central Records Unit, Room 7046 of
the main Department of Commerce building. Comments must also be served
on interested parties.\28\ An electronically filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Standard Time on the day it is due.\29\
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\28\ See 19 CFR 351.303(f).
\29\ See 19 CFR 351.310(c).
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The Department will issue the final results of this changed
circumstances review, which will include its analysis of any written
comments, no later than 270 days after the date on which this review
was initiated.
If, in the final results of this review, the Department continues
to determine that changed circumstances warrant the revocation of the
Order, in part, we will instruct U.S. Customs and Border Protection
(``CBP'') to liquidate without regard to antidumping duties, and to
refund any estimated antidumping duties, on all unliquidated entries of
the merchandise covered by the revocation that are not covered by the
final results of an administrative review or automatic liquidation.
The current requirement for cash deposits of estimated antidumping
duties on all entries of subject merchandise will continue unless until
they are modified pursuant to the final results of this changed
circumstances review.
These preliminary results of review and notice are in accordance
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19
CFR 351.222.
Dated: January 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-02448 Filed 2-5-15; 8:45 am]
BILLING CODE 3510-DS-P