Wooden Bedroom Furniture From the People's Republic of China; Initiation of New Shipper Reviews, 10158-10159 [E7-4049]

Download as PDF 10158 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices sroberts on PROD1PC70 with NOTICES liquidate without regard to antidumping duties any entries for which the assessment rate is de minimis (i.e., less than 0.50 percent). The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the POR produced by the respondent for which it did not know its 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). For those companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). For the companies requesting a review, but not selected for examination and calculation of individual rates, we will calculate a weighted–average assessment rate based on all importer–specific assessment rates excluding any which are de minimis or margins determined entirely on adverse facts available. See Softwood Lumber Final Results, at 70 FR 73442. The Department will issue appraisement instructions directly to CBP. Cash Deposit Requirements The following deposit requirements will be effective upon completion of the final results of this administrative review for all shipments of SSB from India entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act: 1) the cash deposit rate for the reviewed company will be the rate established in the final results of this administrative review (except no cash deposit will be required if its weighted–average margin is de minimis, i.e., less than 0.5 percent); 2) for the non–selected companies we will calculate a weighted–average cash deposit rate based on all the company–specific cash deposit rates, excluding de minimis margins or margins determined entirely on adverse facts available; 3) if the exporter is not a firm covered in this review, the previous review, or the VerDate Aug<31>2005 18:25 Mar 06, 2007 Jkt 211001 original 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) if neither the exporter nor the manufacturer is a firm covered in this or any previous reviews, the cash deposit rate will be 12.45 percent, the ‘‘all others’’ rate established in the LTFV investigation. See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 66915 (December 28, 1994). Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 23, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–4057 Filed 3–6–07; 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; Initiation of New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 7, 2007. SUMMARY: The Department of Commerce (the ‘‘Department’’) received timely requests to conduct new shipper reviews of the antidumping duty order on wooden bedroom furniture from the People’s Republic of China (‘‘PRC’’). In accordance with 19 CFR 351.214(d)(1), we are initiating new shipper reviews for Golden Well International (HK), Ltd. (‘‘Golden Well’’) and its supplier Zhangzhou XYM Furniture Product Co., Ltd. (Zhangzhou XYM), and for Mei Jia Ju Furniture Industrial (Shenzhen) Co., Ltd. (‘‘Mei Jia’’). AGENCY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 Paul Stolz or Eugene Degnan, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4474 or (202) 482– 0414, respectively. FOR FURTHER INFORMATION CONTACT: The Department received timely requests from Golden Well and Mei Jia on January 24 and 22, 2007 respectively, pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’), and in accordance with 19 CFR 351.214(c), for new shipper reviews of the antidumping duty order on wooden bedroom furniture from the PRC. See Notice of Amended Final Determination of Sales at Less than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture from the People’s Republic of China, 70 FR 329 (January 4, 2005). Although Mei Jia submitted a timely request, on February 7, 2007, the Department rejected Mei Jia’s request due to improper filing. However, because Mei Jia originally filed its request on January 22, 2007, but the request was not rejected by the Department until February 7, 2007, the Department allowed Mei Jia to refile its request by February 21, 2007. See the letter from the Department to Mei Jia dated February 7, 2007. On February 16, 2007, Mei Jia re–submitted its request for a new shipper review. Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii), 19 CFR 351.214(b)(2)(iii)(A), and 19 CFR 351.214(b)(2)(iii)(B), in their requests for new shipper reviews, Golden Well (as an exporter), Zhangzhou XYM, and Mei Jia (as a producing exporter) certified that they did not export wooden bedroom furniture to the United States during the period of investigation (‘‘POI’’); that since the initiation of the investigation they have never been affiliated with any company that exported subject merchandise to the United States during the POI; and that their export activities were not controlled by the central government of the PRC. In accordance with 19 CFR 351.214(b)(2)(iv), Golden Well and Mei Jia submitted documentation establishing the following: (1) The date on which they first shipped wooden bedroom furniture for export to the United States; (2) the volume of their first shipment; and (3) the date of their first sale to an unaffiliated customer in the United States. SUPPLEMENTARY INFORMATION: E:\FR\FM\07MRN1.SGM 07MRN1 10159 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices Initiation of New Shipper Review In accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), and based on information on the record, we find that Golden Well and Mei Jia’s requests meet the initiation threshold requirements and we are initiating new shipper reviews for shipments of wooden bedroom furniture exported by Golden Well that were produced by Zhangzhou XYM and shipments of wooden bedroom furniture produced and exported by Mei Jia. See Memorandum to the File through Wendy J. Frankel, Director, New Shipper Initiation Checklist, dated, February 28, 2007. The Department will conduct these new shipper reviews according to the deadlines set forth in section 751(a)(2)(B)(iv) of the Act. Pursuant to 19 CFR 351.214(g)(1)(i)(A), the period of review (‘‘POR’’) for a new shipper review, initiated in the month immediately following the anniversary month, will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR for the new shipper reviews of Golden Well and Mei Jia will be January 1 through December 31, 2006. It is the Department’s usual practice, in cases involving non–market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country–wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Golden Well and Mei Jia, including a separate–rate section. The reviews will proceed if the responses provide sufficient indication that Golden Well and Mei Jia are not subject to either de jure or de facto government control with respect to their exports of wooden bedroom furniture. However, if either Golden Well or Mei Jia does not demonstrate its eligibility for a separate rate, it will be deemed not separate from other companies that exported during the POI, and its new shipper review will be rescinded. On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct U.S. Customs and Border Protection to collect a bond or other security in lieu of a cash deposit in new shipper reviews. Therefore, the posting of a bond or other security under section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. Importers of wooden bedroom furniture 1) produced by Zhangzhou XYM and exported by Golden Well, or 2) produced and exported by Mei Jia must continue to post cash deposits of estimated antidumping duties on each entry of subject merchandise (i.e., wooden bedroom furniture) at the PRC–wide entity rate of 198.08 percent. Interested parties that need access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are issued in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: February 28, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–4049 Filed 3–6–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–890] SUMMARY: The Department of Commerce (‘‘Department’’) received timely requests to conduct an administrative review of the antidumping duty order on wooden bedroom furniture from the People’s Republic of China (‘‘PRC’’). The anniversary month of this order is January. In accordance with the Department’s regulations, we are initiating this administrative review. EFFECTIVE DATE: March 7, 2007. FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Robert Bolling, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–0414 or (202) 482– 3434, respectively. SUPPLEMENTARY INFORMATION Background The Department received timely requests, in accordance with 19 CFR 351.213(b) (2002), during the anniversary month of January, for an administrative review of the antidumping duty order on wooden bedroom furniture from the PRC covering 196 entities. The Department is now initiating an administrative review of the order covering those entities. Initiation of Review In accordance with 19 CFR 351.221(c)(1)(i), we are initiating an administrative review of the antidumping duty order on wooden bedroom furniture from the PRC. We intend to issue the final results of this review not later than January 31, 2008. Notice of Initiation of Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture From the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. AGENCY: sroberts on PROD1PC70 with NOTICES Period Antidumping Duty Proceeding The People’s Republic of China: 1 Wooden Bedroom Furniture A–570–890 ............................................................................... Alexandre International Corp., Southern Art Development Ltd., Alexandre Furniture (Shenzhen) Co. Ltd., Southern Art Furniture Factory* Art Heritage International Ltd., Super Art Furniture Co. Ltd., Artwork Metal & Plastic Co., Ltd., Jibson Industries Ltd., Always Loyal International* Baigou Crafts Factory of Fengkai Beijing MingYaFeng Furniture Co., Ltd. Best King International Limited, Best King International Ltd., Bouvrie International Limited Billy Wood Industrial (Dong Guan), Great Union Industrial (Dongguan) Co., Ltd., Time Faith Ltd.* BNBM Co., Ltd. Changshu HTC Import & Export Co. Ltd.* Chen Meng Furniture (PTE) Co., Ltd., Cheng Meng Decoration & Furniture (Suzhou) Co., Ltd.* VerDate Aug<31>2005 18:25 Mar 06, 2007 Jkt 211001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 1/01/06–12/31/06

Agencies

[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Pages 10158-10159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4049]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China; 
Initiation of New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 7, 2007.
SUMMARY: The Department of Commerce (the ``Department'') received 
timely requests to conduct new shipper reviews of the antidumping duty 
order on wooden bedroom furniture from the People's Republic of China 
(``PRC''). In accordance with 19 CFR 351.214(d)(1), we are initiating 
new shipper reviews for Golden Well International (HK), Ltd. (``Golden 
Well'') and its supplier Zhangzhou XYM Furniture Product Co., Ltd. 
(Zhangzhou XYM), and for Mei Jia Ju Furniture Industrial (Shenzhen) 
Co., Ltd. (``Mei Jia'').

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Eugene Degnan, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4474 or (202) 482-0414, respectively.

SUPPLEMENTARY INFORMATION: The Department received timely requests from 
Golden Well and Mei Jia on January 24 and 22, 2007 respectively, 
pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended 
(``the Act''), and in accordance with 19 CFR 351.214(c), for new 
shipper reviews of the antidumping duty order on wooden bedroom 
furniture from the PRC. See Notice of Amended Final Determination of 
Sales at Less than Fair Value and Antidumping Duty Order: Wooden 
Bedroom Furniture from the People's Republic of China, 70 FR 329 
(January 4, 2005). Although Mei Jia submitted a timely request, on 
February 7, 2007, the Department rejected Mei Jia's request due to 
improper filing. However, because Mei Jia originally filed its request 
on January 22, 2007, but the request was not rejected by the Department 
until February 7, 2007, the Department allowed Mei Jia to refile its 
request by February 21, 2007. See the letter from the Department to Mei 
Jia dated February 7, 2007. On February 16, 2007, Mei Jia re-submitted 
its request for a new shipper review.
    Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii), 19 
CFR 351.214(b)(2)(iii)(A), and 19 CFR 351.214(b)(2)(iii)(B), in their 
requests for new shipper reviews, Golden Well (as an exporter), 
Zhangzhou XYM, and Mei Jia (as a producing exporter) certified that 
they did not export wooden bedroom furniture to the United States 
during the period of investigation (``POI''); that since the initiation 
of the investigation they have never been affiliated with any company 
that exported subject merchandise to the United States during the POI; 
and that their export activities were not controlled by the central 
government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Golden Well and Mei 
Jia submitted documentation establishing the following: (1) The date on 
which they first shipped wooden bedroom furniture for export to the 
United States; (2) the volume of their first shipment; and (3) the date 
of their first sale to an unaffiliated customer in the United States.

[[Page 10159]]

Initiation of New Shipper Review

    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), and based on information on the record, we find that 
Golden Well and Mei Jia's requests meet the initiation threshold 
requirements and we are initiating new shipper reviews for shipments of 
wooden bedroom furniture exported by Golden Well that were produced by 
Zhangzhou XYM and shipments of wooden bedroom furniture produced and 
exported by Mei Jia. See Memorandum to the File through Wendy J. 
Frankel, Director, New Shipper Initiation Checklist, dated, February 
28, 2007. The Department will conduct these new shipper reviews 
according to the deadlines set forth in section 751(a)(2)(B)(iv) of the 
Act.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the period of review 
(``POR'') for a new shipper review, initiated in the month immediately 
following the anniversary month, will be the twelve-month period 
immediately preceding the anniversary month. Therefore, the POR for the 
new shipper reviews of Golden Well and Mei Jia will be January 1 
through December 31, 2006.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to Golden Well and Mei Jia, including a separate-
rate section. The reviews will proceed if the responses provide 
sufficient indication that Golden Well and Mei Jia are not subject to 
either de jure or de facto government control with respect to their 
exports of wooden bedroom furniture. However, if either Golden Well or 
Mei Jia does not demonstrate its eligibility for a separate rate, it 
will be deemed not separate from other companies that exported during 
the POI, and its new shipper review will be rescinded.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct U.S. Customs and Border 
Protection to collect a bond or other security in lieu of a cash 
deposit in new shipper reviews. Therefore, the posting of a bond or 
other security under section 751(a)(2)(B)(iii) of the Act in lieu of a 
cash deposit is not available in this case. Importers of wooden bedroom 
furniture 1) produced by Zhangzhou XYM and exported by Golden Well, or 
2) produced and exported by Mei Jia must continue to post cash deposits 
of estimated antidumping duties on each entry of subject merchandise 
(i.e., wooden bedroom furniture) at the PRC-wide entity rate of 198.08 
percent.
    Interested parties that need access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are issued in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: February 28, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-4049 Filed 3-6-07; 8:45 am]
BILLING CODE 3510-DS-S