[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7576-7578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02838]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and New
Shipper Reviews; 2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the ninth administrative review (``AR'') and a new shipper review
(``NSR'') of the antidumping duty order on wooden bedroom furniture
(``WBF'') from the People's Republic of China (``PRC''). The AR covers
28 exporters of subject merchandise, of which the Department selected
one company for individual examination. The NSR covers one exporter and
producer of subject merchandise. The period of review (``POR'') for the
AR and NSR is January 1, 2013, through December 31, 2013. The
Department preliminarily determines that the mandatory respondent in
the NSR has not made sales of subject merchandise at less than normal
value. Additionally, the Department preliminarily determines that it
will treat the mandatory respondent in the AR as part of the PRC-wide
entity. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: February 11, 2015.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Jeffrey Pedersen,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-0989, and (202) 482-
2769, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the order is wooden bedroom furniture,
subject to certain exceptions.\1\ Imports of subject merchandise are
classified under the Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings: 9403.50.9042, 9403.50.9045, 9403.50.9080,
9403.50.9042, 9403.50.9045, 9403.60.8081, 7009.92.1000 or 7009.92.5000.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written product description in the Order remains
dispositive.\2\
---------------------------------------------------------------------------
\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'').
\2\ For a complete description of the Scope of the Order, please
see ``Decision Memorandum for Preliminary Results of Antidumping
Duty Administrative and New Shipper Review: Wooden Bedroom Furniture
from the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance (``Preliminary Decision Memorandum''), dated concurrently
with this notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting these reviews in accordance with
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.213 and 19 CFR 351.214. The
Department calculated export prices in accordance with section 772 of
the Act. Because the PRC is a nonmarket economy (``NME'') within the
meaning of section 771(18) of the Act, the Department calculated normal
value in accordance with section 773(c) of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum, which is hereby adopted with this
notice. A list of topics discussed in the Preliminary Decision
Memorandum is provided as Appendix I to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS'').\3\ ACCESS 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. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\3\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Notice of Intent To Rescind AR, in Part
In the Initiation Notice for the AR, we stated that ``for exporters
and producers who submit a separate rate application or separate rate
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.'' \4\ The Department selected Jiedong Lehouse
Furniture Co., Ltd. (``Jiedong Lehouse'') as a mandatory respondent.\5\
The Department preliminarily determines that Jiedong Lehouse did not
establish its eligibility for a separate rate for the reasons explained
in the Preliminary Decision Memorandum. Accordingly, we are
preliminarily treating Jiedong Lehouse as part of the PRC-wide entity.
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, at 79 FR
11401, 11402.
\5\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
In addition, 15 other companies for which a review was requested
failed to provide separate rate applications or certifications
necessary to establish their eligibility for a separate rate. The
Department preliminarily determines to treat these 15 companies as part
of the PRC-wide entity.\6\ For additional
[[Page 7577]]
information regarding this determination, see the Preliminary Decision
Memorandum. Because no request for review was made of the PRC-wide
entity, we intend to rescind the review with respect to 16 companies
(which includes Jiedong Lehouse and the other 15 other companies which
did not demonstrate their eligibility for separate rate status) as part
of the PRC-wide entity, at the final results.\7\
---------------------------------------------------------------------------
\6\ Those 15 companies not establishing their eligibility for a
separate rate are: (1) Art Heritage International, Ltd., Super Art
Furniture Co., Ltd., Artwork Metal & Plastic Co., Ltd., Jibson
Industries Ltd., Always Loyal International; (2) Cheng Meng
Furniture (Pte) Ltd., Cheng Meng Decoration & Furniture (Suzhou)
Co., Ltd.; (3) Coe., Ltd.; (4) Dalian Huafeng Furniture Co., Ltd.;
(5) Dalian Huafeng Furniture Group Co., Ltd.; (6) Dongguan Hung
Sheng Artware Products Co., Ltd., Coronal Enterprise Co., Ltd.; (7)
Dongguan Yujia Furniture Co., Ltd./Dongguan Yujia Furniture Co.,
Ltd.; (8) Liang Huang (Jiaxing) Enterprise Co., Ltd.; (9) Marvin
Furniture (Shanghai) Co. Ltd.; (10) Prime Best Factory; (11) Prime
Best International Co., Ltd.; (12) Prime Wood International Co.,
Ltd; (13) Sen Yeong International Co., Ltd., Sheh Hau International
Trading Ltd.; (14) Strongson Furniture (Shenzhen) Co., Ltd.,
Strongson Furniture Co., Ltd., Strongson (Hk) Co.; and (15) Zhang
Zhou Sanlong Wood Product Co., Ltd.
\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
---------------------------------------------------------------------------
Preliminary Determination of No-Shipments
Based on an analysis of U.S. Customs and Border Protection
(``CBP'') information, and comments provided by a number of companies,
the Department preliminarily determines that 12 of the companies for
which an administrative review was requested and that claimed no
shipments during this POR did not have any reviewable transactions
during the POR.\8\ For additional information regarding this
determination, see the Preliminary Decision Memorandum.\9\ Consistent
with an announced refinement to its assessment practice in NME cases,
the Department is not rescinding this administrative review, in part,
but intends to complete the review with respect to the companies for
which it has preliminarily found no shipments and issue appropriate
instructions to CBP based on the final results of the review.\10\
---------------------------------------------------------------------------
\8\ Those 12 companies with no shipments during the POR are: (1)
Baigou Crafts Factory Of Fengkai; (2) Clearwise Company Limited; (3)
Dongguan Chengcheng Furniture Co., Ltd./Dongguan Chengcheng
Furniture Co., Ltd.; (4) Dongguan Singways Furniture Co., Ltd.; (5)
Eurosa (Kunshan) Co., Ltd., Eurosa Furniture Co., (Pte) Ltd.; (6)
Golden Well International (HK) Ltd./Zhangzhou XYM Furniture Product
Co., Ltd.; (7) Hangzhou Cadman Trading Co., Ltd./Haining Changbei
Furniture Co., Ltd.; (8) Hualing Furniture (China) Co., Ltd., Tony
House Manufacture (China) Co., Ltd., Buysell Investments Ltd., Tony
House Industries Co., Ltd.; (9) Rizhao Sanmu Woodworking Co., Ltd.;
(10) Shenyang Shining Dongxing Furniture Co., Ltd.; (11) Yeh
Brothers World Trade, Inc.; and (12) Zhejiang Tianyi Scientific &
Educational Equipment Co., Ltd./Zhejiang Tianyi Scientific &
Educational Equipment Co., Ltd.
\9\ See also Memorandum from Patrick O'Connor, International
Trade Compliance Analyst, Office IV, to Abdelali Elouaradia
Director, Office IV, AD/CVD Operations, regarding the ``Antidumping
Duty Administrative Review of Wooden Bedroom Furniture from the
People's Republic of China: Analysis of No Exports, Sales, or
Entries by Certain Companies,'' dated concurrently with this notice.
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Preliminary Results of NSR
Regarding the NSR, we preliminarily determine that the following
weighted-average dumping margin exists for the period January 1, 2013
through December 31, 2013:
------------------------------------------------------------------------
Weighted-average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Wuxi Yushea Furniture Co., Ltd.. Wuxi Yushea 0.00
Furniture Co.,
Ltd.
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\11\
Rebuttals to case briefs may be filed no later than five days after the
written comments are filed and all rebuttal comments must be limited to
comments raised in the case briefs.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\13\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\14\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department will issue the final results of this AR and NSR,
which will include the results of its analysis of issues raised in any
briefs received, within 120 days of publication of these preliminary
results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of these reviews, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by these reviews.\15\ The Department
intends to issue assessment instructions to CBP 15 days after the
publication date of the final results of these reviews.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For each individually examined respondent in these reviews whose
weighted-average dumping margin is above de minimis (i.e., 0.5 percent)
in the final results of these reviews, the Department will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those sales, in accordance with 19 CFR
351.212(b)(1).\16\ Where an importer- (or customer-) specific ad
valorem rate is greater than de minimis, the Department will instruct
CBP to collect the appropriate duties at the time of liquidation.\17\
Where either a respondent's weighted average dumping margin is zero or
de minimis, or an importer- (or customer-) specific ad valorem dumping
margin is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\18\
We intend to instruct CBP to liquidate entries of subject merchandise
exported by the PRC-wide entity at the PRC-wide rate.
---------------------------------------------------------------------------
\16\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\17\ See 19 CFR 351.212(b)(1).
\18\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales database
[[Page 7578]]
submitted by companies individually examined during the administrative
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, if the Department determines that an
exporter had no shipments of subject merchandise, any suspended entries
that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the PRC-wide rate.\19\
---------------------------------------------------------------------------
\19\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that rate
established in the final results of these reviews (except, if the rate
is zero or de minimis, then a zero cash deposit will be required); (2)
for previously investigated or reviewed PRC and non-PRC exporters
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate for the PRC-wide entity, which
is 216.01 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied that
non-PRC exporter.
With respect to Wuxi Yushea, the new shipper respondent, the
Department established a combination cash deposit rate for this
company, consistent with its practice, as follows: (1) For subject
merchandise produced and exported by Wuxi Yushea, the cash deposit rate
will be the rate established for Wuxi Yushea in the final results of
the NSR; (2) for subject merchandise exported by Wuxi Yushea, but not
produced by Wuxi Yushea, the cash deposit rate will be the rate for the
PRC-wide entity; and (3) for the subject merchandise produced by Wuxi
Yushea, but not exported by Wuxi Yushea, the cash deposit rate will be
the rate applicable to the exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1), 751(a)(2)(B), and 777(i)(1) of the Act and 19 CFR
351.213 and 19 CFR 351.214.
Dated: February 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
(1) Summary
(2) Background
(3) Scope of the Order
(4) Respondent Selection for the AR
(5) Discussion Of The Methodology
a. Preliminary Determination of No Shipments
b. Bona Fides Analysis
c. Duty Absorption
d. NME Country Status
e. Separate Rates
f. Surrogate Country
g. Economic Comparability
h. Significant Producer of Comparable Merchandise
i. Data Availability
j. Date of Sale
k. Fair Value Comparisons
l. Differential Pricing Analysis
m. U.S. Price
n. Normal Value
o. Currency Conversion
p.
(6) Conclusion
[FR Doc. 2015-02838 Filed 2-10-15; 8:45 am]
BILLING CODE 3510-DS-P