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, 76273-76275 [E6-21765]
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Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Notices
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s assumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 C.F.R. ¶351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
C.F.R. ¶351.213(d)(4).
Rescission of Antidumping Duty
Administrative Review
19 C.F.R. 351.213(d)(1) provides that
the Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws at a later date if the
Department determines it is reasonable
to extend the time limit for withdrawing
the request. In response to Cal Pure’s
timely withdrawal of its request for an
administrative review as well as the fact
that Nima had no shipments during the
POR pursuant to 19 C.F.R.
¶351.213(d)(3), the Department hereby
rescinds the administrative review of
the antidumping duty order on
pistachios from Iran for the period July
1, 2005, through June 30, 2006.
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after the date of
the publication of this notice. The
Department will direct CBP to assess
antidumping duties for Nima at the cash
deposit rate in effect on the date of entry
for entries during the period July 1,
2005, through June 30, 2006.
sroberts on PROD1PC70 with NOTICES
ship subject merchandise during the
POR. See Memorandum to the File from
Angelica L. Mendoza, Tehran Negah
Nima Trading Company - No Shipments
of Certain In–Shell Raw Pistachios from
Iran, dated October 5, 2006.
On October 20, 2006, the Department
issued a ‘‘No Shipment Inquiry’’ to U.S.
Customs and Border Protection (CBP) to
confirm that there were no shipments or
entries of pistachios from Iran exported
by Nima during the POR of the instant
administrative review. On November 7,
2006, the Department confirmed, based
on its internal review of CBP data and
the results of its CBP inquiry, there were
no entries of merchandise exported or
shipped by Nima during the POR. See
Memorandum to the File from Angelica
L. Mendoza, through Richard O. Weible,
Office Director, Tehran Negah Nima
Trading Company (Nima) - No
Shipments of Certain In–Shell Raw
Pistachios from Iran Per CBP Inquiry,
dated November 7, 2006. On November
8, 2006, Cal Pure submitted a letter
withdrawing its request for an
administrative review of shipments or
entries of pistachios from Iran exported
by Nima. See Letter from Cal Pure dated
November 8, 2006.
Billing Code: 3510–DS–S
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 C.F.R. ¶351.402(f) to file a
certificate regarding the reimbursement
VerDate Aug<31>2005
20:03 Dec 19, 2006
Jkt 211001
Dated: December 14, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–21764 Filed 12–19–06; 8:45 am]
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: December 20, 2006.
SUMMARY: On October 26, 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 completely
upholstered beds that have exposed
wooden feet of no more than nine
inches in height from the floor. In its
October 26, 2006, submission, AFMC
stated that it no longer has any interest
in antidumping relief from imports of
such upholstered beds with respect to
the subject merchandise defined in the
AGENCY:
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76273
‘‘Scope of the Review’’ section below.
Interested parties are invited to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Robert Bolling, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington DC 20230;
telephone (202) 482–4474 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 October 26, 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
completely upholstered beds that have
exposed wooden feet of no more than
nine inches in height from the floor, 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,
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76274
Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
incorporated in, sit on, or hang over the
dresser; (5) chests–on-chests1,
highboys2, lowboys3, chests of drawers4,
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;
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.
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
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20:03 Dec 19, 2006
Jkt 211001
(9) jewelry armories11; (10) cheval
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 wooden
bedroom furniture from the People’s
Republic of China to determine whether
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 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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Fmt 4703
Sfmt 4703
partial revocation of the AD order is
warranted with respect to completely
upholstered beds that have exposed
wooden feet of no more than nine
inches in height from the floor. 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 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.,
upholstered beds discussed above)
covered by this request.
Based on the expression of no interest
by the petitioners 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 to the merchandise
that is 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 completely
upholstered beds from the People’s
Republic of China that have exposed
wooden feet of no more than nine
inches in height from the floor.
If the order is revoked with respect to
this product, we will add the following
language to the list of excluded items
included in the scope of the order:
‘‘(13) 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.’’
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Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Notices
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
in the Federal Register. 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 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 sections 751(b) of the Act and 19
CFR 351.216, 351.221, and 351.222.
Dated: December 12, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–21765 Filed 12–19–06; 8:45 am]
Billing Code: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
Notice of Issuance of an Export
Trade Certificate of Review, Application
No. 06–00002.
ACTION:
On December 14, 2006, the
U.S. Department of Commerce issued an
Export Trade Certificate of Review to
Darah Thomas doing business as Necole
Shannon Global Export Services
(‘‘NSGES’’). This notice summarizes the
conduct for which certification has been
granted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
sroberts on PROD1PC70 with NOTICES
SUMMARY:
VerDate Aug<31>2005
20:03 Dec 19, 2006
Jkt 211001
number), or by e-mail at
oetca@ita.doc.gov.
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR part 325
(2005).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR section 325.6(b), which
requires the U.S. Department of
Commerce to publish a summary of the
certification in the Federal Register.
Under Section 305(a) of the Act and 15
CFR section 325.11(a), any person
aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
United States to set aside the
determination on the ground that the
determination is erroneous.
SUPPLEMENTARY INFORMATION:
Description of Certified Conduct
Export Trade
1. Products
All products.
2. Services
All services.
3. Technology Rights
Technology Rights, including, but not
limited to, patents, trademarks,
copyrights, and trade secrets, that relate
to Products and Services.
4. Export Trade Facilitation Services (as
They Relate to the Export of Products,
Services, and Technology Rights)
Export Trade Facilitation Services,
including, but not limited to,
professional services in the areas of
government relations and assistance
with state and federal programs; foreign
trade and business protocol; consulting;
market research and analysis; collection
of information on trade opportunities;
marketing; negotiations; joint ventures;
shipping; export management; export
licensing; advertising; documentation
and services related to compliance with
customs requirements; insurance and
financing; trade show exhibitions;
organizational development;
management and labor strategies;
transfer of technology; transportation
services; and facilitating the formation
of shippers’ associations.
Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
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76275
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
Export Trade Activities and Methods of
Operation
1. With respect to the sale of Products
and Services, licensing of Technology
Rights, and provision of Export Trade
Facilitation Services, NSGES, subject to
the terms and conditions listed below,
may:
a. Provide and/or arrange for the
provisions of Export Trade Facilitation
Services;
b. Engage in promotional and
marketing activities and collect
information on trade opportunities in
the Export Markets and distribute such
information to clients;
c. Enter into exclusive and/or nonexclusive licensing and/or sales
agreements with Suppliers for the
export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or nonexclusive agreements with distributors
and/or sales representatives in Export
Markets;
e. Allocate export sales or divide
Export Markets among Suppliers for the
sale and/or licensing of Products,
Services, and/or Technology Rights;
f. Allocate export orders among
Suppliers;
g. Establish the price of Products,
Services, and/or Technology Rights for
sales and/or licensing in Export
Markets;
h. Negotiate, enter into, and/or
manage licensing agreements for the
export of Technology Rights; and
i. Enter into contracts for shipping.
2. NSGES and individual Suppliers
may regularly exchange information on
a one-on-one basis regarding that
Supplier’s inventories and near-term
production schedules in order that the
availability of Products for export can be
determined and effectively coordinated
by NSGES with its distributors in Export
Markets.
Terms and Conditions of Certificate
1. In engaging in Export Trade
Activities and Methods of Operation,
NSGES will not intentionally disclose,
directly or indirectly, to any Supplier
any information about any other
Supplier’s costs, production, capacity,
inventories, domestic prices, domestic
sales, or U.S. business plans, strategies,
or methods that is not already generally
available to the trade or public.
2. NSGES will comply with requests
made by the Secretary of Commerce on
behalf of the Secretary of Commerce or
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Agencies
[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Notices]
[Pages 76273-76275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21765]
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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: December 20, 2006.
SUMMARY: On October 26, 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 completely upholstered beds that have exposed wooden feet of
no more than nine inches in height from the floor. In its October 26,
2006, submission, AFMC stated that it no longer has any interest in
antidumping relief from imports of such upholstered beds with respect
to the subject merchandise defined in the ``Scope of the Review''
section below. Interested parties are invited to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Robert Bolling, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington DC
20230; telephone (202) 482-4474 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 October 26, 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
completely upholstered beds that have exposed wooden feet of no more
than nine inches in height from the floor, 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,
[[Page 76274]]
incorporated in, sit on, or hang over the dresser; (5) chests-on-
chests\1\, highboys\2\, lowboys\3\, chests of drawers\4\, 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.
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\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 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 wooden bedroom furniture
from the People's Republic of China to determine whether partial
revocation of the AD order is warranted with respect to completely
upholstered beds that have exposed wooden feet of no more than nine
inches in height from the floor. 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 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., upholstered beds discussed above) covered by this
request.
Based on the expression of no interest by the petitioners 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 to the
merchandise that is 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 completely upholstered beds from the
People's Republic of China that have exposed wooden feet of no more
than nine inches in height from the floor.
If the order is revoked with respect to this product, we will add
the following language to the list of excluded items included in the
scope of the order:
``(13) 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.''
[[Page 76275]]
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 in the Federal
Register. 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 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 sections 751(b) of the Act and 19 CFR 351.216, 351.221,
and 351.222.
Dated: December 12, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-21765 Filed 12-19-06; 8:45 am]
Billing Code: 3510-DS-S