Wooden Bedroom Furniture from the People's Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 7013-7015 [E7-2564]
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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Notices
of review produced by companies
included in these preliminary results of
review for which the reviewed
companies did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the ‘‘All Others’’ rate if there
is no rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of the
administrative review for all shipments
of certain pasta from Italy entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of these final results, as
provided by section 751(a)(1) of the Act:
(1) The cash deposit rates for the
reviewed companies will be the rates
shown above; (2) for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company–specific
rate published for the most recent
period; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original less–than-fair–value
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 11.26
percent, the ‘‘All Others’’ rate
established in the less–than-fair–value
investigation. See Notice of
Antidumping Duty Order and Amended
Final Determination of Sales at Less
Than Fair Value: Certain Pasta from
Italy, 61 FR 38547 (July 24, 1996). These
deposit requirements shall remain in
effect until publication of the final
results of the next administrative
review.
Notification
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
and/or countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement may
result in the Secretary’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent increase in
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antidumping duties by the amount of
antidumping and/or countervailing
duties reimbursed.
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 CFR 351.305. Timely
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 are
sanctionable violations.
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
7013
Corticella Molini e Pastifici S.p.A. and
its affiliate Pasta Combattenti S.p.A.
Comment 5: Whether the Department
made certain clerical errors in the
margin program
Comment 6: Whether the Department
erred in applying the major–input rule
initiation and preliminary results of an
antidumping duty (‘‘AD’’) changed
circumstances review and intent to
revoke, in part, the AD order on wooden
bedroom furniture from the People’s
Republic of China (‘‘PRC’’). See 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, 71 FR 76273
(December 20, 2006) (‘‘Initiation and
Preliminary Results’’). We are now
revoking this order in part, with regard
to the following product: upholstered
beds, as described in footnote 14 in the
‘‘Scope of the Order’’ section of this
notice, based on the domestic parties’
expression of no interest in the relief
provided by the order with respect to
the imports of upholstered beds, as so
described.
In its October 26, 2006, submission,
the American Furniture Manufacturers
Committee for Legal Trade and its
individual members (the ‘‘AFMC’’)
stated that it no longer has any interest
in seeking antidumping relief from
imports of such upholstered beds with
respect to the subject merchandise
defined in the ‘‘Scope of the Order’’
section below. On January 4, 2007,
American Signature Incorporated
(‘‘ASI’’), an interested party, submitted
comments to the Department stating that
exclusion of upholstered beds from the
order is warranted.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Robert Bolling, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington DC 20230;
telephone: (202) 482–4474 and (202)
482–3434, respectively.
SUPPLEMENTARY INFORMATION:
[FR Doc. E7–2563 Filed 2–13–07; 8:45 am]
Background
BILLING CODE 3510–DS–S
On October 26, 2006, the Department
received a request on behalf of the
petitioners, the AFMC, for revocation in
part of the AD order on wooden
bedroom furniture from the PRC
pursuant to sections 751(b)(1) and
782(h) of the Tariff Act of 1930, as
amended (‘‘the Act’’), with respect to
upholstered beds. In its October 26,
2006, submission, AFMC stated that it
no longer has any interest in
antidumping relief from imports of such
upholstered beds.
Dated: February 5, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix I
List of Comments in the Issues and
Decision Memorandum
Atar, S.r.L.
Comment 1: Whether the Department
should continue to find that a particular
market situation exists which prevents
proper comparison with the export price
and constructed export price
Comment 2: Indirect Selling Expenses
and Profit
Comment 3: Distributions and Salaries
Comment 4: Allocation of Certain
Expenses
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture from the
People’s Republic of China: Final
Results of Changed Circumstances
Review and Determination to Revoke
Order in Part
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 14, 2007.
SUMMARY: On December 20, 2006, the
Department of Commerce (‘‘the
Department’’) published a notice of
AGENCY:
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Scope of Changed Circumstances
Review
The merchandise covered by this
changed circumstances review are beds
that are completely upholstered, i.e.,
containing filling material and
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7014
Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Notices
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.
Effective upon publication of this final
results of changed circumstances review
in the Federal Register, the amended
scope of the order will read as follows.
Scope of the Amended Order
ycherry on PROD1PC64 with PRELIMS
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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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
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;
(13) upholstered beds.14
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.
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
of Changed Circumstances Review and Revocation
in Part, (71 FR 38621) (July 7, 2006).
12 Cheval mirrors are, i.e., any framed, tiltable
mirror with a height in excess of 50’’ that is
mounted on a floor-standing, hinged base.
Additionally, the scope of the order excludes
combination cheval mirror/jewelry cabinets. The
excluded merchandise is an integrated piece
consisting of a cheval mirror, i.e., a framed tiltable
mirror with a height in excess of 50 inches,
mounted on a floor-standing, hinged base, the
cheval mirror serving as a door to a cabinet back
that is integral to the structure of the mirror and
which constitutes a jewelry cabinet 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..
See also wooden Bedroom Furniture from the
People’s Republic of China: Notice of Final Results
of Changed Circumstances Review and Revocation
in Part, (72 FR 38621) (January 9, 2007).
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.
14 Upholstered beds that are completely
upholstered, i.e., containing filling material and
completely covered in sewn genuine leather,
synthetic leather, or natural or synthetic decorative
fabric. To be excluded, the entire bed (headboards,
footboards, and side rails) must be upholstered
except for bed feet, which may be of wood, metal,
or any other material and which are no more than
nine inches in height from the floor.
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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Notices
Final Results of Review; Partial
Revocation of Antidumping Duty Order
The affirmative statement of no
interest by petitioners concerning
upholstered beds, as described herein,
constitutes changed circumstances
sufficient to warrant revocation of this
order in part. Moreover, ASI supports
AFMC’s request. Additionally, no party
contests that petitioners’ statement of no
interest represents the views of
substantially all of the domestic
industry. Therefore, the Department is
partially revoking the order on wooden
bedroom furniture with respect to
upholstered beds from the PRC which
meet the specifications detailed above,
in accordance with sections 751(b), (d)
and 782(h) of the Act and 19 CFR
351.216(d) and 351.222(g). We will
instruct U.S. Customs and Border
Protection to liquidate without regard to
antidumping duties, as applicable, and
to refund any estimated antidumping
duties collected for all unliquidated
entries of upholstered beds, meeting the
specifications indicated above, and not
subject to final results of an
administrative review as of the date of
publication in the Federal Register of
the final results of this changed
circumstances review in accordance
with 19 CFR 351.222(g).
This notice serves as a reminder to
parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. 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 terms of an APO is a sanctionable
violation.
This changed circumstances
administrative review, partial
revocation of the antidumping
duty order and notice are in
accordance with sections 751(b), (d) and
782(h) of the Act and
19 CFR 351.216(e) and 351.222(g).
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Dated: February 7, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7–2564 Filed 2–13–07; 8:45 am]
BILLING CODE 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–851]
Dynamic Random Access Memory
Semiconductors from the Republic of
Korea: Final Results of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 11, 2006, the
Department of Commerce published in
the Federal Register its preliminary
results of administrative review of the
countervailing duty order on dynamic
random access memory semiconductors
from the Republic of Korea for the
period January 1, 2004, through
December 31, 2004.
We gave interested parties an
opportunity to comment on the
preliminary results. Our analysis of the
comments received on the preliminary
results did not lead to any changes in
the net subsidy rate. Therefore, the final
results do not differ from the
preliminary results. The final net
subsidy rate for the reviewed company
is listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: February 14, 2007.
FOR FURTHER INFORMATION CONTACT:
Steve Williams or Andrew McAllister,
AD/CVD Operations, Office 1, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4619 or (202) 482–
1174, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The following events have occurred
since the publication of the preliminary
results of this review. See Dynamic
Random Access Memory
Semiconductors from the Republic of
Korea: Preliminary Results of
Countervailing Duty Administrative
Review, 71 FR 46192 (August 11, 2006)
(‘‘Preliminary Results’’).
We invited interested parties to
comment on the Preliminary Results. On
October 2, 2006, we received a case brief
and request for a hearing from Micron
Technology, Inc. (‘‘Micron’’). We
received a rebuttal brief from Hynix
Semiconductor Inc. (‘‘Hynix’’), the only
company covered in the review, on
October 16, 2006.
On November 16, 2006, we extended
the time limit for the final results of this
administrative review by 60 days (to
February 7, 2007), pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as
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7015
amended (‘‘the Act’’). See Dynamic
Random Access Memory
Semiconductors from the Republic of
Korea: Notice of Extension of Time Limit
for Countervailing Duty Administrative
Review, 71 FR 66751 (November 16,
2006).
A public hearing was held at the
Department on November 2, 2006.
Scope of the Order
The products covered by this order
are dynamic random access memory
semiconductors (‘‘DRAMS’’) from the
Republic of Korea (‘‘ROK’’), whether
assembled or unassembled. Assembled
DRAMS include all package types.
Unassembled DRAMS include
processed wafers, uncut die, and cut
die. Processed wafers fabricated in the
ROK, but assembled into finished
semiconductors outside the ROK are
also included in the scope. Processed
wafers fabricated outside the ROK and
assembled into finished semiconductors
in the ROK are not included in the
scope.
The scope of this order additionally
includes memory modules containing
DRAMS from the ROK. A memory
module is a collection of DRAMS, the
sole function of which is memory.
Memory modules include single in–line
processing modules, single in–line
memory modules, dual in–line memory
modules, small outline dual in–line
memory modules, Rambus in–line
memory modules, and memory cards or
other collections of DRAMS, whether
unmounted or mounted on a circuit
board. Modules that contain other parts
that are needed to support the function
of memory are covered. Only those
modules that contain additional items
which alter the function of the module
to something other than memory, such
as video graphics adapter boards and
cards, are not included in the scope.
This order also covers future DRAMS
module types.
The scope of this order additionally
includes, but is not limited to, video
random access memory and
synchronous graphics random access
memory, as well as various types of
DRAMS, including fast page–mode,
extended data–out, burst extended data–
out, synchronous dynamic RAM,
Rambus DRAM, and Double Data Rate
DRAM. The scope also includes any
future density, packaging, or assembling
of DRAMS. Also included in the scope
of this order are removable memory
modules placed on motherboards, with
or without a central processing unit,
unless the importer of the motherboards
certifies with CBP that neither it, nor a
party related to it or under contract to
it, will remove the modules from the
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Agencies
[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Notices]
[Pages 7013-7015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2564]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture from the People's Republic of China:
Final Results of Changed Circumstances Review and Determination to
Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 14, 2007.
SUMMARY: On December 20, 2006, the Department of Commerce (``the
Department'') published a notice of initiation and preliminary results
of an antidumping duty (``AD'') changed circumstances review and intent
to revoke, in part, the AD order on wooden bedroom furniture from the
People's Republic of China (``PRC''). See 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, 71 FR 76273 (December 20, 2006) (``Initiation and Preliminary
Results''). We are now revoking this order in part, with regard to the
following product: upholstered beds, as described in footnote 14 in the
``Scope of the Order'' section of this notice, based on the domestic
parties' expression of no interest in the relief provided by the order
with respect to the imports of upholstered beds, as so described.
In its October 26, 2006, submission, the American Furniture
Manufacturers Committee for Legal Trade and its individual members (the
``AFMC'') stated that it no longer has any interest in seeking
antidumping relief from imports of such upholstered beds with respect
to the subject merchandise defined in the ``Scope of the Order''
section below. On January 4, 2007, American Signature Incorporated
(``ASI''), an interested party, submitted comments to the Department
stating that exclusion of upholstered beds from the order is warranted.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Robert Bolling, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington DC
20230; telephone: (202) 482-4474 and (202) 482-3434, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 26, 2006, the Department received a request on behalf of
the petitioners, the AFMC, for revocation in part of the AD order on
wooden bedroom furniture from the PRC pursuant to sections 751(b)(1)
and 782(h) of the Tariff Act of 1930, as amended (``the Act''), with
respect to upholstered beds. In its October 26, 2006, submission, AFMC
stated that it no longer has any interest in antidumping relief from
imports of such upholstered beds.
Scope of Changed Circumstances Review
The merchandise covered by this changed circumstances review are
beds that are completely upholstered, i.e., containing filling material
and
[[Page 7014]]
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. Effective upon
publication of this final results of changed circumstances review in
the Federal Register, the amended scope of the order will read as
follows.
Scope of the Amended 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\, 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; (13) upholstered beds.\14\
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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 are, i.e., any framed, tiltable mirror with
a height in excess of 50'' that is mounted on a floor-standing,
hinged base. Additionally, the scope of the order excludes
combination cheval mirror/jewelry cabinets. The excluded merchandise
is an integrated piece consisting of a cheval mirror, i.e., a framed
tiltable mirror with a height in excess of 50 inches, mounted on a
floor-standing, hinged base, the cheval mirror serving as a door to
a cabinet back that is integral to the structure of the mirror and
which constitutes a jewelry cabinet 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..
See also wooden Bedroom Furniture from the People's Republic of
China: Notice of Final Results of Changed Circumstances Review and
Revocation in Part, (72 FR 38621) (January 9, 2007).
\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.
\14\ Upholstered beds that are completely upholstered, i.e.,
containing filling material and completely covered in sewn genuine
leather, synthetic leather, or natural or synthetic decorative
fabric. To be excluded, the entire bed (headboards, footboards, and
side rails) must be upholstered except for bed feet, which may be of
wood, metal, or any other material and which are no more than nine
inches in height from the floor.
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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.
[[Page 7015]]
Final Results of Review; Partial Revocation of Antidumping Duty Order
The affirmative statement of no interest by petitioners concerning
upholstered beds, as described herein, constitutes changed
circumstances sufficient to warrant revocation of this order in part.
Moreover, ASI supports AFMC's request. Additionally, no party contests
that petitioners' statement of no interest represents the views of
substantially all of the domestic industry. Therefore, the Department
is partially revoking the order on wooden bedroom furniture with
respect to upholstered beds from the PRC which meet the specifications
detailed above, in accordance with sections 751(b), (d) and 782(h) of
the Act and 19 CFR 351.216(d) and 351.222(g). We will instruct U.S.
Customs and Border Protection to liquidate without regard to
antidumping duties, as applicable, and to refund any estimated
antidumping duties collected for all unliquidated entries of
upholstered beds, meeting the specifications indicated above, and not
subject to final results of an administrative review as of the date of
publication in the Federal Register of the final results of this
changed circumstances review in accordance with 19 CFR 351.222(g).
This notice serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 terms of an APO is a sanctionable violation.
This changed circumstances administrative review, partial
revocation of the antidumping
duty order and notice are in accordance with sections 751(b), (d)
and 782(h) of the Act and
19 CFR 351.216(e) and 351.222(g).
Dated: February 7, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-2564 Filed 2-13-07; 8:45 am]
BILLING CODE 3510-DS-S