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, 66309-66311 [E6-19185]
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Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices
Background
On July 6, 2006, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of the
new shipper reviews of the antidumping
duty order on wooden bedroom
furniture (‘‘WBF’’) from the People’s
Republic of China (‘‘PRC’’), covering the
period June 24, 2004, through June 30,
2005, and the following exporters:
Shenyang Kunyu Wood Industry Co.,
Ltd., Dongguan Landmark Furniture
Products Ltd., Meikangchi (Nantong)
Furniture Company Ltd, and WBE
Industries (Hui–Yang) Co., Ltd. See
Wooden Bedroom Furniture from the
People’s Republic of China: Preliminary
Results of 2004–2005 Semi–Annual New
Shipper Reviews and Notice of Final
Rescission of One New Shipper Review,
71 FR 38373 (July 6, 2006) (‘‘Preliminary
Results’’). On September 27, 2006, the
Department published in the Federal
Register a notice extending the time
limit for the final results of the new
shipper reviews from September 25,
2006, to November 9, 2006. See Notice
of Extension of Time Limit for Final
Results of New Shipper Reviews of
Wooden Bedroom Furniture from the
People’s Republic of China, 71 FR 56475
(September 27, 2006).
sroberts on PROD1PC70 with NOTICES
Extension of Time Limits for Final
Results
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
and 19 CFR 351.214(i)(1) require the
Department to issue the final results of
a new shipper review within 90 days
after the date on which the preliminary
results were issued. The Department
may, however, extend the time period
for completion of the final results of a
new shipper review to 150 days if it
determines that the case is
extraordinarily complicated. See section
751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(i)(2).
As a result of extraordinarily
complicated issues raised in the review
segment, specifically the multiple issues
raised with regard to the calculation of
the surrogate financial ratios based on
the financial statements of seven
surrogate companies, it is not
practicable to complete these new
shipper reviews within the current time
limit. Accordingly, the Department is
fully extending the time period for
completion of the final results to 150
days, pursuant to section
751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(I)(2). Therefore, the final results
are now due no later than November 24,
2006.
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19:07 Nov 13, 2006
Jkt 211001
We are issuing and publishing this
notice in accordance with section
751(a)(2)(B) and 777(i)(1) of the Act.
Dated: November 6, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–19184 Filed 11–13–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–890
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
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 14, 2006.
SUMMARY: On September 20, 2006, the
Department of Commerce (the
‘‘Department’’) received a request on
behalf of the petitioners, the American
Furniture Manufacturers Committee for
Legal Trade and its individual members
(the ‘‘AFMC’’), for a changed
circumstances review and a request to
revoke, in part, the antidumping duty
(‘‘AD’’) order on wooden bedroom
furniture from the People’s Republic of
China with respect to cheval style
mirrored jewelry cabinets. In its
September 20, 2006, submission, AFMC
stated that it no longer has any interest
in seeking antidumping relief from
imports of such cheval style mirrored
jewelry cabinets with respect to the
subject merchandise defined in the
‘‘Scope of the Order’’ section below.
Interested parties are invited to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT:
Eugene Degnan or Robert Bolling,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, N.W., Washington
D.C. 20230; telephone (202) 482–0414
and (202) 482–3434, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 4, 2005, the Department
published the Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order on Wooden Bedroom Furniture
from the People’s Republic of China,(70
FR 329). On September 20, 2006, AFMC
requested revocation in part of the AD
order pursuant to sections 751(b)(1) and
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66309
782(h) of the Tariff Act of 1930, as
amended (‘‘the Act’’), with respect to
cheval style mirrored jewelry cabinets,
as described below.
Scope of the Order
The product covered 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
mirrors that are attached to,
incorporated in, sit on, or hang over the
dresser; (5) chests–on-chests1,
highboys2, lowboys3, chests of drawers4,
1 A chest-on-chest is typically a tall chest-ofdrawers 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.
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66310
Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
chests5, door chests6, chiffoniers7,
hutches8, and armoires9; (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.
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 predominate10;
(9) jewelry armories11; (10) cheval
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 audiovisual entertainment systems.
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 Memorandum from Laurel LaCivita to
Laurie Parkhill, Office Director, Issues and Decision
Memorandum 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
VerDate Aug<31>2005
19:07 Nov 13, 2006
Jkt 211001
mirrors12 (11) certain metal parts13 (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.
Imports of subject merchandise are
classified under subheading
9403.50.9040 of the Harmonized Tariff
Schedule of the United States
(‘‘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.
Initiation and Preliminary Results of
Changed Circumstances Review, and
Intent to Revoke Order in Part
At the request of AFMC, and in
accordance with sections 751(d)(1) and
751(b)(1) of the Act and 19 CFR 351.216,
the Department is initiating a changed
circumstances review of the AD order
on wooden bedroom furniture from the
People’s Republic of China to determine
whether partial revocation of the order
is warranted with respect to cheval style
mirrored jewelry cabinets. Section
782(h)(2) of the Act and 19 CFR
351.222(g)(1)(i) provide that the
Department may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have no further interest in
the order, in whole or in part. In
addition, in the event that the
Department determines that expedited
action is warranted, 19 CFR
of Changed Circumstances Review and Revocation
in Part, (71 FR 38621) (July 7, 2006).
12 Cheval mirrors, i.e., any framed, tiltable mirror
with a height in excess of 50’’ that is mounted on
a floor-standing, hinged base.
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 HTSUS subheading 9403.90.7000.
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Fmt 4703
Sfmt 4703
351.221(c)(3)(ii) permits the Department
to combine the notices of initiation and
preliminary results.
In accordance with section 751(b) of
the Act, and 19 CFR 351.222(g)(l)(i) and
351.221(c)(3), we are initiating this
changed circumstances review and have
determined that expedited action is
warranted. In accordance with 19 CFR
351.216(c), we find that the petitioners’
affirmative statement of no interest
constitutes good cause for the conduct
of this review. Additionally, our
decision to expedite this review stems
from the domestic industry’s lack of
interest in applying the AD order to the
specific wooden bedroom furniture (i.e.,
cheval style mirrored jewelry cabinets)
covered by this request.
Based on the petitioners’ expression
of no interest and absent any objection
by any other domestic interested parties,
we have preliminarily determined that
substantially all of the domestic
producers of the like product have no
interest in the continued application of
the AD order on wooden bedroom
furniture as it applies to the
merchandise subject to this request.
Therefore, we are notifying the public of
our intent to revoke, in part, the AD
order as it relates to imports of the
cheval style mirrored jewelry cabinets
from the People’s Republic of China.
Accordingly, we intend to amend the
exclusionary language of the scope on
wooden bedroom furniture from the
People’s Republic of China to read as
follows:
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.
Public Comment
Interested parties are invited to
comment on these preliminary results.
Written comments may be submitted no
later than 14 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 21 days after the
date of publication. The Department
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Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices
will issue the final results of this
changed circumstances review, which
will include the results of its analysis
raised in any such written comments,
no later than 270 days after the date on
which this review was initiated, or
within 45 days if all parties agree to our
preliminary results. See 19 CFR
351.216(e).
If final revocation occurs, we will
instruct U.S. Customs and Border
Protection to end the suspension of
liquidation for the merchandise covered
by the revocation on the effective date
of the notice of revocation and to release
any cash deposit or bond. See 19 CFR
351.222(g)(4). The current requirement
for a cash deposit of estimated AD
duties on all subject merchandise will
continue unless and until it is modified
pursuant to the final results of this
changed circumstances review.
This initiation and preliminary results
of review and notice are in accordance
with section 751(b) of the Act and 19
CFR 351.216, 351.221, and 351.222.
Dated: November 6, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–19185 Filed 11–13–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 110806A]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of a proposal for an
exempted fishing permit to conduct
experimental fishing; request for
comments.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator) has made a
preliminary determination that the
subject exempted fishing permit (EFP)
application submitted by Truex
Enterprises contains all the required
information and warrants further
consideration. This proposed EFP was
first published for public comment on
June 16, 2006. Due to changes in the
EFP proposal from that previously
published, the notice and comment
period is re-initiated. The proposed EFP
VerDate Aug<31>2005
19:07 Nov 13, 2006
Jkt 211001
would test the safety and efficacy of
harvesting surfclams and ocean quahogs
from the Atlantic surfclam and ocean
quahog Georges Bank (GB) Closure Area
using a harvesting protocol developed
by state and Federal regulatory agencies
and endorsed by the U.S. Food and Drug
Administration (FDA). The Assistant
Regional Administrator has also made a
preliminary determination that the
activities authorized under the EFP
would be consistent with the goals and
objectives of the Atlantic Surfclam and
Ocean Quahog regulations and Fishery
Management Plan (FMP). However,
further review and consultation may be
necessary before a final determination is
made to issue the EFP. Therefore, NMFS
announces that the Assistant Regional
Administrator proposes to recommend
that an EFP be issued that would allow
one commercial fishing vessel to
conduct fishing operations that are
otherwise restricted by the regulations
governing the fisheries of the
Northeastern United States. The EFP
would allow for an exemption from the
Atlantic surfclam and ocean quahog GB
Closure Area. Regulations under the
Magnuson-Stevens Fishery
Conservation and Management Act
require publication of this notification
to provide interested parties the
opportunity to comment on applications
for proposed EFPs.
DATES: Comments on this document
must be received on or before November
29, 2006.
ADDRESSES: Comments on this notice
may be submitted by e-mail. The
mailbox address for providing e-mail
comments is DA6114B@noaa.gov.
Include in the subject line of the e-mail
comment the following document
identifier: ‘‘Comments on GB PSP
Closed Area Exemption.’’ Written
comments should be sent to Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 1 Blackburn
Drive, Gloucester, MA 01930. Mark the
outside of the envelope ‘‘Comments on
GB PSP Closed Area Exemption.’’
Comments may also be sent via
facsimile (fax) to (978) 281–9135.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Management
Specialist, phone 978–281–9273.
SUPPLEMENTARY INFORMATION: Truex
Enterprises of New Bedford, MA,
submitted an application for an EFP on
March 30, 2006. Additional information
was received on April 19, 2006,
completing the application. This
proposed EFP was first published in the
Federal Register on June 19, 2006 (71
FR 35254). On October 2, 2006, the
applicant submitted additional
information seeking to add states where
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Fmt 4703
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66311
the product harvested under the EFP
could be landed. The experimental
fishing application requests
authorization to allow the catch and
retention for sale of Atlantic surfclams
and ocean quahogs from within the
Atlantic surfclam and ocean quahog GB
Closure Area. This area, located east of
69°00 W. long. and south of 42°20 N.
lat., was closed on May 25, 1990. This
closure was implemented based on
advice from the FDA after samples of
surfclams from the area tested positive
for the toxins (saxotoxins) that cause
Paralytic Shellfish Poisoning (PSP).
These toxins are produced by the algae
Alexandrium fundyense which can form
blooms commonly referred to as red
tides. Red tide blooms, also known as
harmful algal blooms (HABs), can
produce toxins that accumulate in filterfeeding shellfish. Shellfish
contaminated with the saxotoxin, if
eaten in large enough quantity, can
cause illness or death from PSP. Due, in
part, to the inability to test and monitor
this area for the presence of PSP, this
closure was made permanent through
Amendment 12 to the FMP in 1999.
The primary goal of the study is to
test the efficacy of the Protocol for
Onboard Screening and Dockside
Testing for PSP Toxins in Molluscan
Shellfish (Protocol) developed by state
and Federal regulatory agencies to test
for presence of saxotoxins in shellfish.
This protocol would facilitate the
harvest of shellfish from waters
susceptible to HABs, which produce the
saxotoxins, but that are not currently
under rigorous water quality monitoring
programs by either state or Federal
management agencies. The Protocol
details procedures and reporting for
harvesting, testing, and landing of
shellfish harvested from areas that are
susceptible to HABs prior to the
shellfish from entering commerce. A
copy of the Protocol is available from
the NMFS Northeast Region website:
https://www.nero.noaa.gov/sfd/clams.
The proposed project would conduct
a trial for the sampling protocol in an
exemption zone within the larger 1990
GB Closure Area with the F/V
Seawatcher. The exemption zone would
not include any Northeast multispecies
or essential fish habitat year-round
closure areas. This proposed exempted
fishing activity would occur from
approximately December 2006 through
March 2007, using surfclam and ocean
quahog quota allocated to Truex
Enterprises under the Federal
individual transferable quota (ITQ)
program. The applicant has estimated a
harvest of 176,000 bushels (9,370,240 L)
of surfclams and 80,000 bushels
(4,259,200 L) of ocean quahogs from the
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Agencies
[Federal Register Volume 71, Number 219 (Tuesday, November 14, 2006)]
[Notices]
[Pages 66309-66311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19185]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-890
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
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 14, 2006.
SUMMARY: On September 20, 2006, the Department of Commerce (the
``Department'') received a request on behalf of the petitioners, the
American Furniture Manufacturers Committee for Legal Trade and its
individual members (the ``AFMC''), for a changed circumstances review
and a request to revoke, in part, the antidumping duty (``AD'') order
on wooden bedroom furniture from the People's Republic of China with
respect to cheval style mirrored jewelry cabinets. In its September 20,
2006, submission, AFMC stated that it no longer has any interest in
seeking antidumping relief from imports of such cheval style mirrored
jewelry cabinets with respect to the subject merchandise defined in the
``Scope of the Order'' section below. Interested parties are invited to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Robert Bolling,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington D.C. 20230; telephone (202) 482-0414 and (202) 482-3434,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2005, the Department published the Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order on Wooden Bedroom Furniture from the People's Republic of
China,(70 FR 329). On September 20, 2006, AFMC requested revocation in
part of the AD order pursuant to sections 751(b)(1) and 782(h) of the
Tariff Act of 1930, as amended (``the Act''), with respect to cheval
style mirrored jewelry cabinets, as described below.
Scope of the Order
The product covered 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 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\,
[[Page 66310]]
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.
---------------------------------------------------------------------------
\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 armories\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.
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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 Memorandum from
Laurel LaCivita to Laurie Parkhill, Office Director, Issues and
Decision Memorandum 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, i.e., any framed, tiltable mirror with a
height in excess of 50'' that is mounted on a floor-standing, hinged
base.
\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 HTSUS
subheading 9403.90.7000.
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Imports of subject merchandise are classified under subheading
9403.50.9040 of the Harmonized Tariff Schedule of the United States
(``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.
Initiation and Preliminary Results of Changed Circumstances Review, and
Intent to Revoke Order in Part
At the request of AFMC, and in accordance with sections 751(d)(1)
and 751(b)(1) of the Act and 19 CFR 351.216, the Department is
initiating a changed circumstances review of the AD order on wooden
bedroom furniture from the People's Republic of China to determine
whether partial revocation of the order is warranted with respect to
cheval style mirrored jewelry cabinets. Section 782(h)(2) of the Act
and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke an
order (in whole or in part) if it determines that producers accounting
for substantially all of the production of the domestic like product
have no further interest in the order, in whole or in part. In
addition, in the event that the Department determines that expedited
action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to
combine the notices of initiation and preliminary results.
In accordance with section 751(b) of the Act, and 19 CFR
351.222(g)(l)(i) and 351.221(c)(3), we are initiating this changed
circumstances review and have determined that expedited action is
warranted. In accordance with 19 CFR 351.216(c), we find that the
petitioners' affirmative statement of no interest constitutes good
cause for the conduct of this review. Additionally, our decision to
expedite this review stems from the domestic industry's lack of
interest in applying the AD order to the specific wooden bedroom
furniture (i.e., cheval style mirrored jewelry cabinets) covered by
this request.
Based on the petitioners' expression of no interest and absent any
objection by any other domestic interested parties, we have
preliminarily determined that substantially all of the domestic
producers of the like product have no interest in the continued
application of the AD order on wooden bedroom furniture as it applies
to the merchandise subject to this request. Therefore, we are notifying
the public of our intent to revoke, in part, the AD order as it relates
to imports of the cheval style mirrored jewelry cabinets from the
People's Republic of China.
Accordingly, we intend to amend the exclusionary language of the
scope on wooden bedroom furniture from the People's Republic of China
to read as follows:
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.
Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than 14 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 21 days after the date of publication. The
Department
[[Page 66311]]
will issue the final results of this changed circumstances review,
which will include the results of its analysis raised in any such
written comments, no later than 270 days after the date on which this
review was initiated, or within 45 days if all parties agree to our
preliminary results. See 19 CFR 351.216(e).
If final revocation occurs, we will instruct U.S. Customs and
Border Protection to end the suspension of liquidation for the
merchandise covered by the revocation on the effective date of the
notice of revocation and to release any cash deposit or bond. See 19
CFR 351.222(g)(4). The current requirement for a cash deposit of
estimated AD duties on all subject merchandise will continue unless and
until it is modified pursuant to the final results of this changed
circumstances review.
This initiation and preliminary results of review and notice are in
accordance with section 751(b) of the Act and 19 CFR 351.216, 351.221,
and 351.222.
Dated: November 6, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-19185 Filed 11-13-06; 8:45 am]
BILLING CODE 3510-DS-S