Wooden Bedroom Furniture from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review, 49162-49168 [E8-19303]

Download as PDF 49162 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices Signed at Washington, DC, this 5 th day of August 2008. David M. Spooner, Assistant Secretary of Commerce for Import Administration. Alternate Chairman. Foreign–Trade Zones Board. ATTEST: Andrew McGilvray, Executive Secretary. [FR Doc. E8–19321 Filed 8–19–08; 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: Final Results of Antidumping Duty Administrative Review and New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 13, 2008, the Department of Commerce (‘‘Department’’) published its preliminary results and partial rescission in the antidumping duty administrative review and new shipper review of wooden bedroom furniture from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) for the administrative review and the new shipper review is January 1, 2006, through December 31, 2006. In the administrative review, we have determined that all three mandatory respondents (i.e., Fujian Lianfu Forestry Co./Fujian Wonder Pacific Inc./Fuzhou Huan Mei Furniture Co., Ltd./Jiangsu Dare Furniture Co., Ltd. (collectively, ‘‘the Dare Group’’); Shanghai Starcorp Furniture Co., Ltd, Starcorp Furniture (Shanghai) Co., Ltd., Orin Furniture (Shanghai) Co., Ltd., Shanghai Star Furniture Co., Ltd., and Shanghai Xing Ding Furniture Industrial Co., Ltd. (collectively, ‘‘Starcorp’’); and Teamway Furniture (Dong Guan) Co., Ltd., and Brittomart Inc. (collectively ‘‘Teamway’’)) made sales in the United States at prices below normal value. With respect to the remaining respondents in the administrative review (collectively, ‘‘Separate Rate Applicants’’), we determined that 27 entities have provided sufficient evidence that they are separate from the state-controlled entity, and we have established a weighted-average margin based on the rates for the three mandatory respondents, excluding any that are zero, de minimis, or based dwashington3 on PRODPC61 with NOTICES AGENCY: VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 entirely on adverse facts available (‘‘AFA’’), to be applied to these separate-rate entities. For the new shipper review, the Department also reviewed one exporter/producer, Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. (‘‘Mei Jia Ju’’). We invited interested parties to comment on our preliminary results in these reviews. We received no comments in the new shipper review. Based on our analysis of the comments we received in the administrative review, we made certain changes to our calculations for all mandatory respondents. The final dumping margins for this review are listed in the ‘‘Final Results Margins’’ section below. EFFECTIVE DATE: August 20, 2008. FOR FURTHER INFORMATION CONTACT: Paul Stolz 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) 482–4474 and (202) 482–3434, respectively. Background The Department published its preliminary results on February 13, 2008. See Wooden Bedroom Furniture From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Results of New Shipper Review and Partial Rescission of Administrative Review, 73 FR 8273 (February 13, 2008) (‘‘Preliminary Results’’). The Department conducted verification of two of the mandatory respondents’ data in the PRC. See ‘‘Verification’’ section, below, for additional information. On June 23, 2008, the Department extended the deadline for the final results of review to August 11, 2008. See Wooden Bedroom Furniture from the People’s Republic of China: Extension of Time Limits for the Final Results of the Antidumping Duty Administrative Review and New Shipper Reviews, 73 FR 35369 (June 23, 2008). We invited parties to comment on the Preliminary Results. We received comments from petitioners American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, certain mandatory respondents, certain Separate-Rate Applicants, and other interested parties to this review. Interested parties submitted case and rebuttal briefs on July 18 and July 23, 2008, respectively. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this review PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 are addressed in the memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review and New Shipper Review of Wooden Bedroom Furniture from the People’s Republic of China,’’ dated August 11, 2008, which is hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 1117, and is accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Period of Review The POR is January 1, 2006, through December 31, 2006. Scope of the Order The product covered by the order 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- E:\FR\FM\20AUN1.SGM 20AUN1 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices dwashington3 on PRODPC61 with NOTICES 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. 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 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 cooling or drying. See Customs’ Headquarters’ Ruling Letter 043859, dated May 17, 1976. VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 (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; and (13) upholstered beds.14 Imports of subject merchandise are classified under subheading 9403.50.9040 of the 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 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 Issues and Decision Memorandum from Laurel LaCivita to Laurie Parkhill, Office Director, 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 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 Wooden Bedroom Furniture From the People’s Republic of China: Final Results of Changed Circumstances Review and Determination To Revoke Order in Part, 72 FR 948 (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 the Harmonized Tariff Schedule of the United States (‘‘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. See Wooden Bedroom Furniture From the People’s Republic of China: Final Results of Changed Circumstances Review and Determination To Revoke Order in Part, 72 FR 7013 (February 14, 2007). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 49163 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. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (‘‘Act’’), we verified the information submitted by certain mandatory respondents. See Memoranda to the File, ‘‘Verification of the Factors Response of {the Dare Group}, in the Second Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the PRC,’’ (July 10, 2008) (‘‘Dare Group Verification Report’’) and ‘‘Verification of the Factors Response of {Teamway} in the Second Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the PRC’’ (July 3, 2008) (‘‘Teamway Verification Report’’), on file in the CRU. For all verified companies, we used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by respondents. For further details on the verifications, see the Dare Group Verification Report and the Teamway Verification Report. Changes Since the Preliminary Results Based on an analysis of the comments received, the Department has made certain changes in the margin calculations. For the final results, the Department has made the following changes with respect to surrogate financial ratios, surrogate values, the Dare Group and Teamway. General Issues Calculation of Surrogate Financial Ratios • After the Preliminary Results, the Dare Group’s importer, American Signature Inc., placed financial statements on the record for the following four Philippine companies: (1) Berbenwood Industries, Inc. (‘‘Berbenwood’’); (2) Antonio Bryan Development Corporation (‘‘Antonio Bryan’’); (3) Arkane International Corporation; and (4) Raphael Legacy Designs, Inc. For the final results, we included Antonio Bryan and E:\FR\FM\20AUN1.SGM 20AUN1 49164 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices Berbenwood’s surrogate financial ratio calculations in the average financial ratios. See Memorandum to The File, ‘‘Second Administrative Review of Wooden Bedroom Furniture from the People’s Republic of China: Factor Valuation Memorandum for the Final Results’’ (‘‘Final FOP Memo’’) and Issues and Decision Memorandum at Comment 10. • Calfurn Manufacturing Philippines, Inc. (‘‘Calfurn’’): (1) We treated Calfurn’s ‘‘gas and oil’’ as material, labor, and energy (‘‘ML&E’’) related to respondents’ reported factors of production (‘‘FOPs’’); and (2) we treated energy related to selling, general, and administrative (‘‘SG&A’’) expenses as SG&A. See Final FOP Memo and Issues and Decision Memorandum at Comment 11. • Insular Rattan & Native Products, Corporation (‘‘Insular Rattan’’): (1) We treated Insular Rattan’s ‘‘fuel used’’ as ML&E; and (2) we treated energy related to SG&A operations as SG&A expenses. See Final FOP Memo and Issues and Decision Memorandum at Comment 11. Recalculation of Surrogate Values • For the final results, the Department corrected certain unit conversion factors used to calculate surrogate values. • The Department calculated surrogate values for certain FOPs using Indian import statistics. • The Department recalculated the surrogate values for granite and leatheroid, excluding aberrational import data from the calculations. • The Department recalculated surrogate values for certain inputs where corrupted data was mistakenly used in the Preliminary Results. • The Department recalculated the surrogate financial ratios. See Final FOP Memo. Company-Specific Issues dwashington3 on PRODPC61 with NOTICES The Dare Group • The Dare Group reported market economy purchase (‘‘MEP’’) prices for paint, light, catches, poplar, and plastic. At the Department’s request, the Dare Group disaggregated these FOPs into more specific groupings. However, the Dare Group did not report the percentage of each of the disaggregated FOPs purchased from market economy (‘‘ME’’) countries in ME currencies. Therefore, as partial AFA, the Department is valuing the disaggregated MEP FOPs using surrogate values based on Indian or Philippine import statistics, as applicable. See Issues and Decision Memorandum at Comment 14 and the Analysis Memorandum for the Final Results of Review: Fujian Lianfu VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 Forestry Co., Ltd., Fuzhou Huan Mei Furniture Co. Ltd., and Jiangsu Dare Furniture Co., Ltd. (‘‘Dare Group Final Calculation Memo’’). • The Department found at verification that the Dare Group underreported consumption of the FOP ‘‘Plywood with Veneer.’’ As partial AFA, the Department is increasing the per-unit consumption rate of this FOP as described in the Dare Group Final Calculation Memo. See Issues and Decision Memorandum at Comment 16 and the Dare Group Final Calculation Memo. • The Dare Group reported it purchased subject merchandise, semifinished furniture, from unaffiliated suppliers which it further processed and subsequently sold to the United States, but did not report the relevant FOPs which it further processed and sold to the United States during the POR. However, the Dare Group provided documents evidencing it attempted to obtain the FOP data from its suppliers but its suppliers did not provide the FOPS as requested. Therefore, as facts available, the Department is valuing semi-finished furniture as an FOP using Indian import statistics. See Issues and Decision Memorandum at Comment 12 and the Dare Group Final Calculation Memo. • For the final results, the Department has treated the Dare Group’s reported per-unit ‘‘Woodscrap’’ as a by-product. See Issues and Decision Memorandum at Comment 20 and the Dare Group Final Calculation Memo. • The Department corrected certain clerical errors in the Dare Group’s surrogate value summary sheet with respect to notations in the source unit, currency, and final unit columns. See Issues and Decision Memorandum at Comment 21 and the Dare Group Final Calculation Memo. • We have excluded certain sales of non-subject merchandise from the Dare Group’s U.S. sales database. See Issues and Decision Memorandum at Comment 15 and the Dare Group Final Calculation Memo. Teamway • For these final results, we applied AFA to steel screws, nut steel, steel bar, glue, direct labor, electricity, water, and fuel/oil/diesel from the May 5, 2008, FOP database for subcontractors for whom Teamway provided materials. See Issues and Decision Memorandum at Comment 26 and Analysis of the Final Results Margin Calculation for Teamway Furniture (Dong Guan) Ltd. and Brittomart Incorporated (‘‘Teamway Final Calculation Memo’’). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 • For these final results, we applied AFA to the veneers, glue, parquet tape, direct labor, electricity, water, and fuel/ oil/diesel from the May 5, 2008, FOP database for subcontractors for whom Teamway did not provide materials. See Issues and Decision Memorandum at Comment 26 and Teamway Final Calculation Memo. • For these final results, for bun feet, bent wood, and mirrors obtained from subcontractors for whom Teamway did not provide materials, we valued these inputs with surrogate values. See Issues and Decision Memorandum at Comment 29 and Teamway Final Calculation Memo. • For the final margin calculation, we created a new integrated FOP database based upon the FOP databases submitted on May 5, 2008. This final integrated FOP database incorporates on the following: (1) The May 5, 2008, Teamway in-house FOP database; (2) the May 5, 2008, FOP database for subcontractors for whom Teamway provided materials, as adjusted for the application of partial AFA discussed above, and; (3) the May 5, 2008, FOP database for subcontractors for whom Teamway did not provide materials, as adjusted for: (A) The minor correction, which we accepted, to correct the reported water and electricity usage rates;15 and (B) the application of partial AFA discussed above. See Issues and Decision Memorandum at Comment 27 and Teamway Final Calculation Memo. • As facts available, for these final results for the merchandise that was sold, but not produced, during the POR, we determined to use the FOPs from the final integrated FOP database (discussed immediately above) for the most similar control number (‘‘CONNUM’’) produced during the POR (as determined by the Department). See Issues and Decision Memorandum at Comment 28 and Teamway Final Calculation Memo. • For the final results, we reexamined a certain input purchased by Teamway, and found that the volume of this input from ME suppliers during the POR was below 33 percent of the company’s total volume of purchases of the input during the POR. Therefore, consistent with our practice, we weight-averaged the MEP price Teamway paid for the certain input with the appropriate surrogate value, according to its respective shares of the total volume of purchases, as appropriate. See Issues and Decision Memorandum at Comment 32 and Teamway Final Calculation Memo. • For the final results, we removed packing labor from the labor component 15 See Teamway Verification Report at 2 (i.e., I. Minor Corrections 3.b). E:\FR\FM\20AUN1.SGM 20AUN1 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices of COM, and included it only in the packing costs which we used to calculate normal value. See Issues and Decision Memorandum at Comment 31 and Teamway Final Calculation Memo. • The U.S. sales database and the FOP databases, on which we based our integrated FOP database that we used for these final results, were placed on the record after the preliminary results. We found, and corrected errors in these databases which were not raised in the parties’ briefs. A full discussion of the additional corrections we made to the Teamway U.S. sales database and integrated FOP database we used for these final results can be found in the Teamway Final Calculation Memo. dwashington3 on PRODPC61 with NOTICES Surrogate Country In the Preliminary Results, we stated that we had selected the Philippines as the appropriate surrogate country to use in this review for the following reasons: (1) It is a significant producer of comparable merchandise; (2) it is at a level of economic development comparable to that of the PRC; and (3) we have reliable data from the Philippines that we can use to value the FOPs. See Preliminary Results. For the final results, we received comments regarding our selection of a surrogate country. After reviewing those comments, we determined to make no changes to our findings with respect to the selection of a surrogate country. However, for certain inputs the Department determined to use India to value those inputs. See Comment 1 of the Issues and Decision Memorandum. Separate Rates In proceedings involving non-market economy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. See Final Determination of Sales at Less Than Fair Value: Sparklers From the People’s Republic of China, 56 FR 20588 (May 6, 1991), as amplified by Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide From the People’s Republic of China, 59 FR 22585 (May 2, 1994), and 19 CFR 351.107(d). In the Preliminary Results, we stated that the Dare Group, Teamway, and 27 Separate Rate Applicants demonstrated their eligibility for separate-rate status. VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 For the final results, we continue to find that evidence placed on the record of this review only demonstrates that the Dare Group, Teamway, and 27 of the Separate Rate Applicants provided information that shows both a de jure and de facto absence of government control with respect to their respective exports of the merchandise under review, and, thus are eligible for separate-rate status. With respect to the new shipper, Mei Jia Ju, we stated in the Preliminary Results that we were granting a separate rate to Mei Jia Ju. However, because Mei Jia Ju failed to provide us with necessary information within the meaning of section 776(a) of the Act and failed to cooperate to the best of its ability within the meaning of section 776(b) of the Act we applied total adverse facts available to Mei Jia Ju and assigned them the PRC-wide rate of 216.01 percent. No parties have commented on Mei Jia Ju’s rate and we continue to assigned Mei Jia Ju an AFA rate of 216.01 percent. Affiliation In the Preliminary Results, we stated that the Dare Group entities (Fujian Lianfu Forestry Co. Ltd., Fujian Wonder Pacific Inc., Fuzhou Huan Mei Furniture Co., Ltd., and Jiangsu Dare Furniture Co., Ltd.) were affiliated pursuant to sections 771(33)(E) and (F) of the Act and that these companies should be treated as a single entity for the purposes of the administrative review of wooden bedroom furniture from the PRC. See Preliminary Results, 73 FR at 8278. For the final results, we have made no changes to our findings with respect to the Dare Group’s affiliation. Adverse Facts Available Sections 776(a)(1) and (2) of the Act provide that the Department shall apply ‘‘facts otherwise available’’ if necessary information is not on the record or an interested party or any other person (A) withholds information that has been requested, (B) fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and (e) of section 782, (C) significantly impedes a proceeding, or (D) provides information that cannot be verified as provided by section 782(i) of the Act. Where the Department determines that a response to a request for information does not comply with the request, section 782(d) of the Act provides that the Department will so inform the party submitting the response and will, to the extent practicable, provide that party the opportunity to remedy or explain the PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 49165 deficiency. If the party fails to remedy the deficiency within the applicable time limits and subject to section 782(e) of the Act, the Department may disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act provides that the Department ‘‘shall not decline to consider information that is submitted by an interested party and is necessary to the determination but does not meet all applicable requirements established by the administering authority’’ if the information is timely, can be verified, is not so incomplete that it cannot be used, and if the interested party acted to the best of its ability in providing the information. Where all of these conditions are met, the statute requires the Department to use the information if it can do so without undue difficulties. Section 776(b) of the Act further provides that the Department may use an adverse inference in applying the facts otherwise available when a party has failed to cooperate by not acting to the best of its ability to comply with a request for information. Section 776(b) of the Act also authorizes the Department to use as AFA information derived from the petition, the final determination, a previous administrative review, or other information placed on the record. Starcorp In the Preliminary Results, we determined that because Starcorp ceased participating in this administrative review, and requested that the Department and all parties destroy or return its submissions containing business proprietary information, none of Starcorp’s information could be verified. As a result, Starcorp did not demonstrate its entitlement to a separate rate and was, therefore, subject to the PRC-wide rate. See Preliminary Results, 73 FR at 8282. For the final results, we made no changes to our findings with respect to Starcorp. The PRC-Wide Rate Because we begin with the presumption that all companies within an NME country are subject to government control and because only the companies listed under the ‘‘Final Results Margins’’ section, below, have overcome that presumption, we are applying a single antidumping rate (i.e., the PRC-wide rate) to all other exporters of subject merchandise from the PRC. These other companies did not demonstrate entitlement to a separate rate. See, e.g., Synthetic Indigo From the People’s Republic of China; Notice of Final Determination of Sales at Less E:\FR\FM\20AUN1.SGM 20AUN1 49166 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices Than Fair Value, 65 FR 25706, 25707 (May 3, 2000). The PRC-wide rate applies to all entries of subject merchandise except for entries from the respondents that are listed in the ‘‘Final Results Margins’’ section, below. The Department based the margin for the PRC-wide entity on AFA. See Preliminary Results, 73 FR at 8282. Pursuant to section 776(a) of the Act, the Department found that because the PRC-wide entity failed to respond to the Department’s questionnaires, withheld or failed to provide information in a timely manner or in the form or manner requested by the Department, submitted information that could not be verified, or otherwise impeded the process, it was appropriate to apply a dumping margin for the PRC-wide entity using facts otherwise available on the record. The Department further determined that an adverse inference was appropriate because the PRC-wide entity failed to respond to requests for information and therefore failed to cooperate by not acting to the best of its ability. With respect to AFA, we are applying the highest calculated rate from the history of this proceeding: a calculated company-specific rate in a new shipper review of wooden bedroom furniture from the PRC. See Wooden Bedroom Furniture from the People’s Republic of China: Final Results of the 2004–2005 Semi-Annual New Shipper Reviews, 71 FR 70739 (December 6, 2006) (‘‘Final 04–05 New Shipper Reviews’’). Corroboration Section 776(c) of the Act provides that, when the Department relies on secondary information rather than on information obtained in the course of an investigation or review, it shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. Secondary information is defined as information derived from the petition that gave rise to the investigation or review, the final determination concerning the subject merchandise, or any previous review under section 751 of the Act concerning the subject merchandise. See Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Doc. No. 103–316, Vol. 1 (1994) (‘‘SAA’’), at 870. Corroborate means that the Department will satisfy itself that the secondary information to be used has probative value. Id. To corroborate secondary information, the Department will, to the extent practicable, examine the reliability and relevance of the information to be used. See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, From Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996) (unchanged in the final results). Independent sources used to corroborate such evidence may include, for example, published price lists, official import statistics and customs data, and information obtained from interested parties during the particular investigation. See SAA at 870; Notice of Final Determination of Sales at Less Than Fair Value: Live Swine From Canada, 70 FR 12181, 12183 (March 11, 2005); Notice of Preliminary Determination of Sales at Less Than Fair Value: High and Ultra-High Voltage Ceramic Station Post Insulators from Japan, 68 FR 35627, 35628–35629 (June 16, 2003) (unchanged in final determination). The AFA rate that the Department is now using was determined in a previously published final results of new shipper review. See Final 04–05 New Shipper Reviews. In that new shipper review, the Department calculated a company-specific rate, which was above the PRC-wide rate established in the investigation. Because this rate is a company-specific calculated rate concerning subject merchandise, we have determined this rate to be reliable. With respect to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal to determine whether a margin continues to have relevance. Where circumstances indicate that the selected margin is not appropriate as AFA, the Department will disregard the margin and determine an appropriate margin. See Fresh Cut Flowers From Mexico; Final Results of Antidumping Duty Administrative Review, 61 FR 6812, 6814 (February 22, 1996) (the Department disregarded the highest margin in that case as adverse best information available (the predecessor to facts available) because the margin was based on another company’s uncharacteristic business expense resulting in an unusually high margin). Similarly, the Department does not apply a margin that has been discredited. See D&L Supply Co. v. United States, 113 F.3d 1220, 1221 (Fed. Cir. 1997) (ruling that the Department will not use a margin that has been judicially invalidated). To assess the relevancy of the rate used, the Department compared that rate to the margin calculations of the mandatory respondents in the current administrative and new shipper reviews. The Department found that the margin of 216.01 percent was within the range of the highest margins calculated on the record of this administrative review. Because the record of this administrative review contains margins within the range of 216.01 percent, we determine that the rate from the Final 04–05 New Shipper Reviews continues to be relevant for use as AFA in the current administrative and new shipper reviews. As the adverse margin is both reliable and relevant, we determine that it has probative value. Accordingly, we determine that this rate meets the corroboration criterion established in section 776(c) of the Act, that secondary information have probative value. As a result, the Department determines that the margin is corroborated for the purposes of these administrative reviews and may reasonably be applied to Mei Jia Ju, and the PRC-wide entity as AFA. Final Results Margins We determine that the following weighted-average percentage margins exist for the POR: WOODEN BEDROOM FURNITURE FROM THE PRC Weighted-average margin (percent) dwashington3 on PRODPC61 with NOTICES Exporter Fujian Lianfu Forestry Co., Ltd., aka Fujian Wonder Pacific Inc. (Dare Group) ................................................................. Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group) ........................................................................................................... Jiangsu Dare Furniture Co., Ltd. (Dare Group) .................................................................................................................. Teamway Furniture (Dong Guan) Co. Ltd., Brittomart Inc .................................................................................................. BNBM Co., Ltd. (aka Beijing New Material Co., Ltd) .......................................................................................................... Classic Furniture Global Co., Ltd ........................................................................................................................................ VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1 17.93 17.93 17.93 19.93 18.82 18.82 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices 49167 WOODEN BEDROOM FURNITURE FROM THE PRC—Continued Weighted-average margin (percent) Exporter dwashington3 on PRODPC61 with NOTICES Dalian Guangming Furniture Co., Ltd ................................................................................................................................. Decca Furniture Ltd., aka Decca ......................................................................................................................................... Dong Guan Golden Fortune Houseware Co., Ltd ............................................................................................................... Dongguan Mingsheng Furniture Co., Ltd ............................................................................................................................ Dongguan Yihaiwei Furniture Limited ................................................................................................................................. Fortune Furniture Ltd. and its affiliate, Dongguan Fortune Furniture Ltd ........................................................................... Gaomi Yatai Wooden Ware Co., Ltd., Team Prospect International Ltd., Money Gain International Co .......................... Guangming Group Wumahe Furniture Co., Ltd .................................................................................................................. Inni Furniture ........................................................................................................................................................................ Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd ............................................................................................................ Meikangchi (Nantong) Furniture Company Ltd ................................................................................................................... Nanjing Nanmu Furniture Co., Ltd ...................................................................................................................................... Po Ying Industrial Co ........................................................................................................................................................... Qingdao Beiyuan-Shengli Furniture Co., Ltd., Qingdao Beiyuan Industry Trading Co. Ltd ............................................... Shenzhen Tiancheng Furniture Co., Ltd., Winbuild Industrial Ltd., Red Apple Furniture Co., Ltd. and Red Apple Trading Co., Ltd ....................................................................................................................................................................... Shenyang Kunyu Wood Industry Co., Ltd ........................................................................................................................... Shenzhen Xingli Furniture Co., Ltd ..................................................................................................................................... Tianjin First Wood Co., Ltd .................................................................................................................................................. Union Friend International Trade Co., Ltd ........................................................................................................................... Winmost Enterprises Limited ............................................................................................................................................... Winny Overseas, Ltd ........................................................................................................................................................... Yangchen Hengli Co., Ltd ................................................................................................................................................... Yichun Guangming Furniture Co., Ltd ................................................................................................................................. Zhong Cheng Furniture Co., Ltd ......................................................................................................................................... PRC-Wide Rate ................................................................................................................................................................... Assessment Rates The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. For customers/importers of the respondents that did not report entered value, we have calculated customer/importerspecific antidumping duty assessment amounts based on the ratio of the total amount of antidumping duties calculated for the examined sales of subject merchandise to the total quantity of subject merchandise sold in those transactions. For customers/ importers of the respondents that reported entered value, we have calculated customer-specific antidumping duty assessment amounts based on customer/importer-specific ad valorem rates in accordance with 19 CFR 351.212(b)(1). For the companies receiving a separate rate that were not selected for individual review (i.e., separate rate companies), we have calculated an assessment rate based on the weighted average of the cash deposit rates calculated for the companies selected for individual review excluding any that are zero, de minimis, or based entirely on AFA, pursuant to section 735(c)(5)(B) of the Act. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of administrative and new shipper reviews. VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results of this administrative review and new shipper review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rates shown for those companies; (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRCwide rate of 216.01 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These deposit requirements shall remain in effect until further notice. Notification of Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 216.01 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 18.82 216.01 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs’’) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 violation which is subject to sanction. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). We are issuing and publishing these final results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. E:\FR\FM\20AUN1.SGM 20AUN1 49168 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices Subcontracted Factors Comment 30: Bun Feet Variance Comment 31: Packing Labor Comment 32: Use Market Economy Purchases for Certain Inputs Dated: August 11, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix II V. Starcorp Comment 33: Assign Total AFA Cross-Cutting Issues Comment 1: Surrogate Country A. Economic Comparability B. Significant Producer C. Financial Statements D. Data Considerations Comment 2: Combination Rates Comment 3: New NME Wage Rate Comment 4: Zeroing [FR Doc. E8–19303 Filed 8–19–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration I. Surrogate Values Comment 5: Wrong Standard for Accepting Respondents Proposed HTS Classifications Comment 6: Indian Surrogate Values Information Has Been Provided for Teamway and the Dare Group A. Effective Date B. India & South Korea C. Inherent Error in Calculation Comment 7: Brokerage And Handling, Diesel Fuel, Water, Electricity, and Freight Comment 8: Accurate Conversion Factors for Lumber and Board Comment 9: Accurate Average Unit Values Comment 10: Philippine Financial Statements Comment 11: Treatment of Certain Expense Items in the Financial Ratios dwashington3 on PRODPC61 with NOTICES III. Dare Group Comment 12: Whether to Apply Partial AFA to the Dare Group’s Purchases of SemiFinished Furniture from Unaffiliated Suppliers Comment 13: Incorrect Allocation for Indirect Materials, Labor, Energy, Water, and Scrap Comment 14: Use of Disaggregated Factors of Production and Correct Market Economy Purchase Prices Comment 15: Exclude Certain Piece Types Comment 16: Adjust Direct Materials for Unreported Consumption Comment 17: Modify Assessment Rate Calculation Comment 18: Conversion Rate for SemiFinished Furniture Inputs Comment 19: Raw Material Converters for Plywood Comment 20: Woodscrap By-Product Comment 21: Clerical Errors Comment 22: Corruption of Certain WTA Philippines Import Data Comment 23: Eliminate Aberrational Values Comment 24: Change Certain Philippine HTS Categories in Valuing The Dare Group’s Inputs Comment 25: Use Most Updated Datasets IV. Teamway Comment 26: Whether to Apply Total AFA to Teamway Comment 27: Whether and How to Combine the FOP Datasets from May 5, 2008 and May 16, 2008 Comment 28: Whether to Apply an Adverse Inference to Value Merchandise Sold, but not Produced, During the POR Comment 29: Valuation of Certain VerDate Aug<31>2005 15:36 Aug 19, 2008 Jkt 214001 [A–580–839] Notice of Final Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber from the Republic of Korea Import Administration, International Trade Administration, Department of commerce. SUMMARY: The Department of Commerce (‘‘Department’’) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (‘‘the Act’’), that Woongjin Chemical Co. Ltd. (‘‘Woongjin’’) is the successor–ininterest to Saehan Industries Inc. (‘‘Saehan’’). As a result, Woongjin will be accorded the same treatment previously accorded to Saehan with regard to the antidumping duty order on polyester staple fiber (‘‘PSF’’) from the Republic of Korea (‘‘Korea’’) as of the date of publication of this notice in the Federal Register. EFFECTIVE DATE: August 20, 2008. FOR FURTHER INFORMATION CONTACT: Devta Ohri, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone (202) 482–3853. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 25, 2000, the Department of Commerce issued an antidumping duty order on certain PSF from Korea. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Polyester Staple Fiber from Republic of Korea, 65 FR 33807 (May 25, 2000). On April 23, 2008, Woongjin requested that the Department initiate a changed circumstances review of the antidumping duty order on PSF from Korea to determine that, for purposes of the antidumping law, Woongjin is the successor–in-interest to Saehan. On June 16, 2008, the Department initiated this review and made its preliminary finding that Woongjin is the successor– PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 in-interest to Saehan, and should be treated as such for antidumping duty cash deposit purposes. See Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber From the Republic of Korea, 73 FR 33989 (June 16, 2008). We invited parties to comment on the preliminary results. We received no comments or requests for a hearing. Scope of the Review For the purposes of this order, the product covered is PSF. PSF is defined as synthetic staple fibers, not carded, combed or otherwise processed for spinning, of polyesters measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This merchandise is cut to lengths varying from one inch (25 mm) to five inches (127 mm). The merchandise subject to this order may be coated, usually with a silicon or other finish, or not coated. PSF is generally used as stuffing in sleeping bags, mattresses, ski jackets, comforters, cushions, pillows, and furniture. Merchandise of less than 3.3 decitex (less than 3 denier) currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 5503.20.00.25 is specifically excluded from this order. Also specifically excluded from this order are polyester staple fibers of 10 to 18 denier that are cut to lengths of 6 to 8 inches (fibers used in the manufacture of carpeting). In addition, low–melt PSF is excluded from this order. Low–melt PSF is defined as a bi–component fiber with an outer sheath that melts at a significantly lower temperature than its inner core. The merchandise subject to this order is currently classifiable in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the order is dispositive. Final Results of Changed Circumstances Review For the reasons stated in the preliminary results, and because the Department did not receive any comments following the preliminary results of this review, the Department continues to find that Woongjin is the successor–in-interest to Saehan for antidumping duty cash deposit purposes. Instructions to U.S. Customs and Border Protection The Department will instruct CBP to suspend liquidation of all shipments of E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Pages 49162-49168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19303]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and New Shipper 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 13, 2008, the Department of Commerce 
(``Department'') published its preliminary results and partial 
rescission in the antidumping duty administrative review and new 
shipper review of wooden bedroom furniture from the People's Republic 
of China (``PRC''). The period of review (``POR'') for the 
administrative review and the new shipper review is January 1, 2006, 
through December 31, 2006. In the administrative review, we have 
determined that all three mandatory respondents (i.e., Fujian Lianfu 
Forestry Co./Fujian Wonder Pacific Inc./Fuzhou Huan Mei Furniture Co., 
Ltd./Jiangsu Dare Furniture Co., Ltd. (collectively, ``the Dare 
Group''); Shanghai Starcorp Furniture Co., Ltd, Starcorp Furniture 
(Shanghai) Co., Ltd., Orin Furniture (Shanghai) Co., Ltd., Shanghai 
Star Furniture Co., Ltd., and Shanghai Xing Ding Furniture Industrial 
Co., Ltd. (collectively, ``Starcorp''); and Teamway Furniture (Dong 
Guan) Co., Ltd., and Brittomart Inc. (collectively ``Teamway'')) made 
sales in the United States at prices below normal value. With respect 
to the remaining respondents in the administrative review 
(collectively, ``Separate Rate Applicants''), we determined that 27 
entities have provided sufficient evidence that they are separate from 
the state-controlled entity, and we have established a weighted-average 
margin based on the rates for the three mandatory respondents, 
excluding any that are zero, de minimis, or based entirely on adverse 
facts available (``AFA''), to be applied to these separate-rate 
entities. For the new shipper review, the Department also reviewed one 
exporter/producer, Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. 
(``Mei Jia Ju''). We invited interested parties to comment on our 
preliminary results in these reviews. We received no comments in the 
new shipper review. Based on our analysis of the comments we received 
in the administrative review, we made certain changes to our 
calculations for all mandatory respondents. The final dumping margins 
for this review are listed in the ``Final Results Margins'' section 
below.

EFFECTIVE DATE: August 20, 2008.

FOR FURTHER INFORMATION CONTACT: Paul Stolz 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-
4474 and (202) 482-3434, respectively.

Background

    The Department published its preliminary results on February 13, 
2008. See Wooden Bedroom Furniture From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 
Preliminary Results of New Shipper Review and Partial Rescission of 
Administrative Review, 73 FR 8273 (February 13, 2008) (``Preliminary 
Results''). The Department conducted verification of two of the 
mandatory respondents' data in the PRC. See ``Verification'' section, 
below, for additional information.
    On June 23, 2008, the Department extended the deadline for the 
final results of review to August 11, 2008. See Wooden Bedroom 
Furniture from the People's Republic of China: Extension of Time Limits 
for the Final Results of the Antidumping Duty Administrative Review and 
New Shipper Reviews, 73 FR 35369 (June 23, 2008). We invited parties to 
comment on the Preliminary Results. We received comments from 
petitioners American Furniture Manufacturers Committee for Legal Trade 
and Vaughan-Bassett Furniture Company, certain mandatory respondents, 
certain Separate-Rate Applicants, and other interested parties to this 
review. Interested parties submitted case and rebuttal briefs on July 
18 and July 23, 2008, respectively.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Final Results of the Antidumping Duty 
Administrative Review and New Shipper Review of Wooden Bedroom 
Furniture from the People's Republic of China,'' dated August 11, 2008, 
which is hereby adopted by this notice (``Issues and Decision 
Memorandum''). A list of the issues which parties raised and to which 
we respond in the Issues and Decision Memorandum is attached to this 
notice as an Appendix. The Issues and Decision Memorandum is a public 
document and is on file in the Central Records Unit (``CRU''), Main 
Commerce Building, Room 1117, and is accessible on the Web at http://
ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Period of Review

    The POR is January 1, 2006, through December 31, 2006.

Scope of the Order

    The product covered by the order 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-

[[Page 49163]]

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.
---------------------------------------------------------------------------

    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; and (13) upholstered beds.\14\ Imports of subject 
merchandise are classified under subheading 9403.50.9040 of the 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.
---------------------------------------------------------------------------

    \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 Issues and 
Decision Memorandum from Laurel LaCivita to Laurie Parkhill, Office 
Director, 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 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 Wooden Bedroom Furniture From the People's Republic of China: 
Final Results of Changed Circumstances Review and Determination To 
Revoke Order in Part, 72 FR 948 (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 the 
Harmonized Tariff Schedule of the United States (``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. See Wooden Bedroom Furniture From 
the People's Republic of China: Final Results of Changed 
Circumstances Review and Determination To Revoke Order in Part, 72 
FR 7013 (February 14, 2007).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(``Act''), we verified the information submitted by certain mandatory 
respondents. See Memoranda to the File, ``Verification of the Factors 
Response of {the Dare Group{time} , in the Second Administrative Review 
of the Antidumping Duty Order on Wooden Bedroom Furniture from the 
PRC,'' (July 10, 2008) (``Dare Group Verification Report'') and 
``Verification of the Factors Response of {Teamway{time}  in the Second 
Administrative Review of the Antidumping Duty Order on Wooden Bedroom 
Furniture from the PRC'' (July 3, 2008) (``Teamway Verification 
Report''), on file in the CRU. For all verified companies, we used 
standard verification procedures, including examination of relevant 
accounting and production records, as well as original source documents 
provided by respondents. For further details on the verifications, see 
the Dare Group Verification Report and the Teamway Verification Report.

Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made certain changes in the margin calculations. For the final results, 
the Department has made the following changes with respect to surrogate 
financial ratios, surrogate values, the Dare Group and Teamway.

General Issues

Calculation of Surrogate Financial Ratios

     After the Preliminary Results, the Dare Group's importer, 
American Signature Inc., placed financial statements on the record for 
the following four Philippine companies: (1) Berbenwood Industries, 
Inc. (``Berbenwood''); (2) Antonio Bryan Development Corporation 
(``Antonio Bryan''); (3) Arkane International Corporation; and (4) 
Raphael Legacy Designs, Inc. For the final results, we included Antonio 
Bryan and

[[Page 49164]]

Berbenwood's surrogate financial ratio calculations in the average 
financial ratios. See Memorandum to The File, ``Second Administrative 
Review of Wooden Bedroom Furniture from the People's Republic of China: 
Factor Valuation Memorandum for the Final Results'' (``Final FOP 
Memo'') and Issues and Decision Memorandum at Comment 10.
     Calfurn Manufacturing Philippines, Inc. (``Calfurn''): (1) 
We treated Calfurn's ``gas and oil'' as material, labor, and energy 
(``ML&E'') related to respondents' reported factors of production 
(``FOPs''); and (2) we treated energy related to selling, general, and 
administrative (``SG&A'') expenses as SG&A. See Final FOP Memo and 
Issues and Decision Memorandum at Comment 11.
     Insular Rattan & Native Products, Corporation (``Insular 
Rattan''): (1) We treated Insular Rattan's ``fuel used'' as ML&E; and 
(2) we treated energy related to SG&A operations as SG&A expenses. See 
Final FOP Memo and Issues and Decision Memorandum at Comment 11.

Recalculation of Surrogate Values

     For the final results, the Department corrected certain 
unit conversion factors used to calculate surrogate values.
     The Department calculated surrogate values for certain 
FOPs using Indian import statistics.
     The Department recalculated the surrogate values for 
granite and leatheroid, excluding aberrational import data from the 
calculations.
     The Department recalculated surrogate values for certain 
inputs where corrupted data was mistakenly used in the Preliminary 
Results.
     The Department recalculated the surrogate financial 
ratios.
    See Final FOP Memo.

Company-Specific Issues

The Dare Group

     The Dare Group reported market economy purchase (``MEP'') 
prices for paint, light, catches, poplar, and plastic. At the 
Department's request, the Dare Group disaggregated these FOPs into more 
specific groupings. However, the Dare Group did not report the 
percentage of each of the disaggregated FOPs purchased from market 
economy (``ME'') countries in ME currencies. Therefore, as partial AFA, 
the Department is valuing the disaggregated MEP FOPs using surrogate 
values based on Indian or Philippine import statistics, as applicable. 
See Issues and Decision Memorandum at Comment 14 and the Analysis 
Memorandum for the Final Results of Review: Fujian Lianfu Forestry Co., 
Ltd., Fuzhou Huan Mei Furniture Co. Ltd., and Jiangsu Dare Furniture 
Co., Ltd. (``Dare Group Final Calculation Memo'').
     The Department found at verification that the Dare Group 
under-reported consumption of the FOP ``Plywood with Veneer.'' As 
partial AFA, the Department is increasing the per-unit consumption rate 
of this FOP as described in the Dare Group Final Calculation Memo. See 
Issues and Decision Memorandum at Comment 16 and the Dare Group Final 
Calculation Memo.
     The Dare Group reported it purchased subject merchandise, 
semi-finished furniture, from unaffiliated suppliers which it further 
processed and subsequently sold to the United States, but did not 
report the relevant FOPs which it further processed and sold to the 
United States during the POR. However, the Dare Group provided 
documents evidencing it attempted to obtain the FOP data from its 
suppliers but its suppliers did not provide the FOPS as requested. 
Therefore, as facts available, the Department is valuing semi-finished 
furniture as an FOP using Indian import statistics. See Issues and 
Decision Memorandum at Comment 12 and the Dare Group Final Calculation 
Memo.
     For the final results, the Department has treated the Dare 
Group's reported per-unit ``Woodscrap'' as a by-product. See Issues and 
Decision Memorandum at Comment 20 and the Dare Group Final Calculation 
Memo.
     The Department corrected certain clerical errors in the 
Dare Group's surrogate value summary sheet with respect to notations in 
the source unit, currency, and final unit columns. See Issues and 
Decision Memorandum at Comment 21 and the Dare Group Final Calculation 
Memo.
     We have excluded certain sales of non-subject merchandise 
from the Dare Group's U.S. sales database. See Issues and Decision 
Memorandum at Comment 15 and the Dare Group Final Calculation Memo.

Teamway

     For these final results, we applied AFA to steel screws, 
nut steel, steel bar, glue, direct labor, electricity, water, and fuel/
oil/diesel from the May 5, 2008, FOP database for subcontractors for 
whom Teamway provided materials. See Issues and Decision Memorandum at 
Comment 26 and Analysis of the Final Results Margin Calculation for 
Teamway Furniture (Dong Guan) Ltd. and Brittomart Incorporated 
(``Teamway Final Calculation Memo'').
     For these final results, we applied AFA to the veneers, 
glue, parquet tape, direct labor, electricity, water, and fuel/oil/
diesel from the May 5, 2008, FOP database for subcontractors for whom 
Teamway did not provide materials. See Issues and Decision Memorandum 
at Comment 26 and Teamway Final Calculation Memo.
     For these final results, for bun feet, bent wood, and 
mirrors obtained from subcontractors for whom Teamway did not provide 
materials, we valued these inputs with surrogate values. See Issues and 
Decision Memorandum at Comment 29 and Teamway Final Calculation Memo.
     For the final margin calculation, we created a new 
integrated FOP database based upon the FOP databases submitted on May 
5, 2008. This final integrated FOP database incorporates on the 
following: (1) The May 5, 2008, Teamway in-house FOP database; (2) the 
May 5, 2008, FOP database for subcontractors for whom Teamway provided 
materials, as adjusted for the application of partial AFA discussed 
above, and; (3) the May 5, 2008, FOP database for subcontractors for 
whom Teamway did not provide materials, as adjusted for: (A) The minor 
correction, which we accepted, to correct the reported water and 
electricity usage rates;\15\ and (B) the application of partial AFA 
discussed above. See Issues and Decision Memorandum at Comment 27 and 
Teamway Final Calculation Memo.
---------------------------------------------------------------------------

    \15\ See Teamway Verification Report at 2 (i.e., I. Minor 
Corrections 3.b).
---------------------------------------------------------------------------

     As facts available, for these final results for the 
merchandise that was sold, but not produced, during the POR, we 
determined to use the FOPs from the final integrated FOP database 
(discussed immediately above) for the most similar control number 
(``CONNUM'') produced during the POR (as determined by the Department). 
See Issues and Decision Memorandum at Comment 28 and Teamway Final 
Calculation Memo.
     For the final results, we reexamined a certain input 
purchased by Teamway, and found that the volume of this input from ME 
suppliers during the POR was below 33 percent of the company's total 
volume of purchases of the input during the POR. Therefore, consistent 
with our practice, we weight-averaged the MEP price Teamway paid for 
the certain input with the appropriate surrogate value, according to 
its respective shares of the total volume of purchases, as appropriate. 
See Issues and Decision Memorandum at Comment 32 and Teamway Final 
Calculation Memo.
     For the final results, we removed packing labor from the 
labor component

[[Page 49165]]

of COM, and included it only in the packing costs which we used to 
calculate normal value. See Issues and Decision Memorandum at Comment 
31 and Teamway Final Calculation Memo.
     The U.S. sales database and the FOP databases, on which we 
based our integrated FOP database that we used for these final results, 
were placed on the record after the preliminary results. We found, and 
corrected errors in these databases which were not raised in the 
parties' briefs. A full discussion of the additional corrections we 
made to the Teamway U.S. sales database and integrated FOP database we 
used for these final results can be found in the Teamway Final 
Calculation Memo.

Surrogate Country

    In the Preliminary Results, we stated that we had selected the 
Philippines as the appropriate surrogate country to use in this review 
for the following reasons: (1) It is a significant producer of 
comparable merchandise; (2) it is at a level of economic development 
comparable to that of the PRC; and (3) we have reliable data from the 
Philippines that we can use to value the FOPs. See Preliminary Results. 
For the final results, we received comments regarding our selection of 
a surrogate country. After reviewing those comments, we determined to 
make no changes to our findings with respect to the selection of a 
surrogate country. However, for certain inputs the Department 
determined to use India to value those inputs. See Comment 1 of the 
Issues and Decision Memorandum.

Separate Rates

    In proceedings involving non-market economy (``NME'') countries, 
the Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
an investigation in an NME country this single rate unless an exporter 
can demonstrate that it is sufficiently independent so as to be 
entitled to a separate rate. See Final Determination of Sales at Less 
Than Fair Value: Sparklers From the People's Republic of China, 56 FR 
20588 (May 6, 1991), as amplified by Notice of Final Determination of 
Sales at Less Than Fair Value: Silicon Carbide From the People's 
Republic of China, 59 FR 22585 (May 2, 1994), and 19 CFR 351.107(d).
    In the Preliminary Results, we stated that the Dare Group, Teamway, 
and 27 Separate Rate Applicants demonstrated their eligibility for 
separate-rate status. For the final results, we continue to find that 
evidence placed on the record of this review only demonstrates that the 
Dare Group, Teamway, and 27 of the Separate Rate Applicants provided 
information that shows both a de jure and de facto absence of 
government control with respect to their respective exports of the 
merchandise under review, and, thus are eligible for separate-rate 
status. With respect to the new shipper, Mei Jia Ju, we stated in the 
Preliminary Results that we were granting a separate rate to Mei Jia 
Ju. However, because Mei Jia Ju failed to provide us with necessary 
information within the meaning of section 776(a) of the Act and failed 
to cooperate to the best of its ability within the meaning of section 
776(b) of the Act we applied total adverse facts available to Mei Jia 
Ju and assigned them the PRC-wide rate of 216.01 percent. No parties 
have commented on Mei Jia Ju's rate and we continue to assigned Mei Jia 
Ju an AFA rate of 216.01 percent.

Affiliation

    In the Preliminary Results, we stated that the Dare Group entities 
(Fujian Lianfu Forestry Co. Ltd., Fujian Wonder Pacific Inc., Fuzhou 
Huan Mei Furniture Co., Ltd., and Jiangsu Dare Furniture Co., Ltd.) 
were affiliated pursuant to sections 771(33)(E) and (F) of the Act and 
that these companies should be treated as a single entity for the 
purposes of the administrative review of wooden bedroom furniture from 
the PRC. See Preliminary Results, 73 FR at 8278. For the final results, 
we have made no changes to our findings with respect to the Dare 
Group's affiliation.

Adverse Facts Available

    Sections 776(a)(1) and (2) of the Act provide that the Department 
shall apply ``facts otherwise available'' if necessary information is 
not on the record or an interested party or any other person (A) 
withholds information that has been requested, (B) fails to provide 
information within the deadlines established, or in the form and manner 
requested by the Department, subject to subsections (c)(1) and (e) of 
section 782, (C) significantly impedes a proceeding, or (D) provides 
information that cannot be verified as provided by section 782(i) of 
the Act.
    Where the Department determines that a response to a request for 
information does not comply with the request, section 782(d) of the Act 
provides that the Department will so inform the party submitting the 
response and will, to the extent practicable, provide that party the 
opportunity to remedy or explain the deficiency. If the party fails to 
remedy the deficiency within the applicable time limits and subject to 
section 782(e) of the Act, the Department may disregard all or part of 
the original and subsequent responses, as appropriate. Section 782(e) 
of the Act provides that the Department ``shall not decline to consider 
information that is submitted by an interested party and is necessary 
to the determination but does not meet all applicable requirements 
established by the administering authority'' if the information is 
timely, can be verified, is not so incomplete that it cannot be used, 
and if the interested party acted to the best of its ability in 
providing the information. Where all of these conditions are met, the 
statute requires the Department to use the information if it can do so 
without undue difficulties.
    Section 776(b) of the Act further provides that the Department may 
use an adverse inference in applying the facts otherwise available when 
a party has failed to cooperate by not acting to the best of its 
ability to comply with a request for information. Section 776(b) of the 
Act also authorizes the Department to use as AFA information derived 
from the petition, the final determination, a previous administrative 
review, or other information placed on the record.

Starcorp

    In the Preliminary Results, we determined that because Starcorp 
ceased participating in this administrative review, and requested that 
the Department and all parties destroy or return its submissions 
containing business proprietary information, none of Starcorp's 
information could be verified. As a result, Starcorp did not 
demonstrate its entitlement to a separate rate and was, therefore, 
subject to the PRC-wide rate. See Preliminary Results, 73 FR at 8282. 
For the final results, we made no changes to our findings with respect 
to Starcorp.

The PRC-Wide Rate

    Because we begin with the presumption that all companies within an 
NME country are subject to government control and because only the 
companies listed under the ``Final Results Margins'' section, below, 
have overcome that presumption, we are applying a single antidumping 
rate (i.e., the PRC-wide rate) to all other exporters of subject 
merchandise from the PRC. These other companies did not demonstrate 
entitlement to a separate rate. See, e.g., Synthetic Indigo From the 
People's Republic of China; Notice of Final Determination of Sales at 
Less

[[Page 49166]]

Than Fair Value, 65 FR 25706, 25707 (May 3, 2000). The PRC-wide rate 
applies to all entries of subject merchandise except for entries from 
the respondents that are listed in the ``Final Results Margins'' 
section, below.
    The Department based the margin for the PRC-wide entity on AFA. See 
Preliminary Results, 73 FR at 8282. Pursuant to section 776(a) of the 
Act, the Department found that because the PRC-wide entity failed to 
respond to the Department's questionnaires, withheld or failed to 
provide information in a timely manner or in the form or manner 
requested by the Department, submitted information that could not be 
verified, or otherwise impeded the process, it was appropriate to apply 
a dumping margin for the PRC-wide entity using facts otherwise 
available on the record. The Department further determined that an 
adverse inference was appropriate because the PRC-wide entity failed to 
respond to requests for information and therefore failed to cooperate 
by not acting to the best of its ability. With respect to AFA, we are 
applying the highest calculated rate from the history of this 
proceeding: a calculated company-specific rate in a new shipper review 
of wooden bedroom furniture from the PRC. See Wooden Bedroom Furniture 
from the People's Republic of China: Final Results of the 2004-2005 
Semi-Annual New Shipper Reviews, 71 FR 70739 (December 6, 2006) 
(``Final 04-05 New Shipper Reviews'').

Corroboration

    Section 776(c) of the Act provides that, when the Department relies 
on secondary information rather than on information obtained in the 
course of an investigation or review, it shall, to the extent 
practicable, corroborate that information from independent sources that 
are reasonably at its disposal. Secondary information is defined as 
information derived from the petition that gave rise to the 
investigation or review, the final determination concerning the subject 
merchandise, or any previous review under section 751 of the Act 
concerning the subject merchandise. See Statement of Administrative 
Action accompanying the Uruguay Round Agreements Act, H.R. Doc. No. 
103-316, Vol. 1 (1994) (``SAA''), at 870. Corroborate means that the 
Department will satisfy itself that the secondary information to be 
used has probative value. Id. To corroborate secondary information, the 
Department will, to the extent practicable, examine the reliability and 
relevance of the information to be used. See Tapered Roller Bearings 
and Parts Thereof, Finished and Unfinished From Japan, and Tapered 
Roller Bearings, Four Inches or Less in Outside Diameter, and 
Components Thereof, From Japan; Preliminary Results of Antidumping Duty 
Administrative Reviews and Partial Termination of Administrative 
Reviews, 61 FR 57391, 57392 (November 6, 1996) (unchanged in the final 
results). Independent sources used to corroborate such evidence may 
include, for example, published price lists, official import statistics 
and customs data, and information obtained from interested parties 
during the particular investigation. See SAA at 870; Notice of Final 
Determination of Sales at Less Than Fair Value: Live Swine From Canada, 
70 FR 12181, 12183 (March 11, 2005); Notice of Preliminary 
Determination of Sales at Less Than Fair Value: High and Ultra-High 
Voltage Ceramic Station Post Insulators from Japan, 68 FR 35627, 35628-
35629 (June 16, 2003) (unchanged in final determination).
    The AFA rate that the Department is now using was determined in a 
previously published final results of new shipper review. See Final 04-
05 New Shipper Reviews. In that new shipper review, the Department 
calculated a company-specific rate, which was above the PRC-wide rate 
established in the investigation. Because this rate is a company-
specific calculated rate concerning subject merchandise, we have 
determined this rate to be reliable.
    With respect to the relevance aspect of corroboration, the 
Department will consider information reasonably at its disposal to 
determine whether a margin continues to have relevance. Where 
circumstances indicate that the selected margin is not appropriate as 
AFA, the Department will disregard the margin and determine an 
appropriate margin. See Fresh Cut Flowers From Mexico; Final Results of 
Antidumping Duty Administrative Review, 61 FR 6812, 6814 (February 22, 
1996) (the Department disregarded the highest margin in that case as 
adverse best information available (the predecessor to facts available) 
because the margin was based on another company's uncharacteristic 
business expense resulting in an unusually high margin). Similarly, the 
Department does not apply a margin that has been discredited. See D&L 
Supply Co. v. United States, 113 F.3d 1220, 1221 (Fed. Cir. 1997) 
(ruling that the Department will not use a margin that has been 
judicially invalidated). To assess the relevancy of the rate used, the 
Department compared that rate to the margin calculations of the 
mandatory respondents in the current administrative and new shipper 
reviews. The Department found that the margin of 216.01 percent was 
within the range of the highest margins calculated on the record of 
this administrative review. Because the record of this administrative 
review contains margins within the range of 216.01 percent, we 
determine that the rate from the Final 04-05 New Shipper Reviews 
continues to be relevant for use as AFA in the current administrative 
and new shipper reviews.
    As the adverse margin is both reliable and relevant, we determine 
that it has probative value. Accordingly, we determine that this rate 
meets the corroboration criterion established in section 776(c) of the 
Act, that secondary information have probative value. As a result, the 
Department determines that the margin is corroborated for the purposes 
of these administrative reviews and may reasonably be applied to Mei 
Jia Ju, and the PRC-wide entity as AFA.
    Final Results Margins
    We determine that the following weighted-average percentage margins 
exist for the POR:

                  Wooden Bedroom Furniture From the PRC
------------------------------------------------------------------------
                                                     Weighted-average
                    Exporter                        margin  (percent)
------------------------------------------------------------------------
Fujian Lianfu Forestry Co., Ltd., aka Fujian                       17.93
 Wonder Pacific Inc. (Dare Group)..............
Fuzhou Huan Mei Furniture Co., Ltd. (Dare                          17.93
 Group)........................................
Jiangsu Dare Furniture Co., Ltd. (Dare Group)..                    17.93
Teamway Furniture (Dong Guan) Co. Ltd.,                            19.93
 Brittomart Inc................................
BNBM Co., Ltd. (aka Beijing New Material Co.,                      18.82
 Ltd)..........................................
Classic Furniture Global Co., Ltd..............                    18.82

[[Page 49167]]

 
Dalian Guangming Furniture Co., Ltd............                    18.82
Decca Furniture Ltd., aka Decca................                    18.82
Dong Guan Golden Fortune Houseware Co., Ltd....                    18.82
Dongguan Mingsheng Furniture Co., Ltd..........                    18.82
Dongguan Yihaiwei Furniture Limited............                    18.82
Fortune Furniture Ltd. and its affiliate,                          18.82
 Dongguan Fortune Furniture Ltd................
Gaomi Yatai Wooden Ware Co., Ltd., Team                            18.82
 Prospect International Ltd., Money Gain
 International Co..............................
Guangming Group Wumahe Furniture Co., Ltd......                    18.82
Inni Furniture.................................                    18.82
Mei Jia Ju Furniture Industrial (Shenzhen) Co.                    216.01
 Ltd...........................................
Meikangchi (Nantong) Furniture Company Ltd.....                    18.82
Nanjing Nanmu Furniture Co., Ltd...............                    18.82
Po Ying Industrial Co..........................                    18.82
Qingdao Beiyuan-Shengli Furniture Co., Ltd.,                       18.82
 Qingdao Beiyuan Industry Trading Co. Ltd......
Shenzhen Tiancheng Furniture Co., Ltd.,                            18.82
 Winbuild Industrial Ltd., Red Apple Furniture
 Co., Ltd. and Red Apple Trading Co., Ltd......
Shenyang Kunyu Wood Industry Co., Ltd..........                    18.82
Shenzhen Xingli Furniture Co., Ltd.............                    18.82
Tianjin First Wood Co., Ltd....................                    18.82
Union Friend International Trade Co., Ltd......                    18.82
Winmost Enterprises Limited....................                    18.82
Winny Overseas, Ltd............................                    18.82
Yangchen Hengli Co., Ltd.......................                    18.82
Yichun Guangming Furniture Co., Ltd............                    18.82
Zhong Cheng Furniture Co., Ltd.................                    18.82
PRC-Wide Rate..................................                   216.01
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. For customers/importers of the respondents that 
did not report entered value, we have calculated customer/importer-
specific antidumping duty assessment amounts based on the ratio of the 
total amount of antidumping duties calculated for the examined sales of 
subject merchandise to the total quantity of subject merchandise sold 
in those transactions. For customers/importers of the respondents that 
reported entered value, we have calculated customer-specific 
antidumping duty assessment amounts based on customer/importer-specific 
ad valorem rates in accordance with 19 CFR 351.212(b)(1). For the 
companies receiving a separate rate that were not selected for 
individual review (i.e., separate rate companies), we have calculated 
an assessment rate based on the weighted average of the cash deposit 
rates calculated for the companies selected for individual review 
excluding any that are zero, de minimis, or based entirely on AFA, 
pursuant to section 735(c)(5)(B) of the Act. The Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of these final results of administrative and new shipper 
reviews.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review and 
new shipper review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided for by section 751(a)(2)(C) of the Act: 
(1) For the exporters listed above, the cash deposit rate will be the 
rates shown for those companies; (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recent period; (3) for all PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
216.01 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC exporter. These deposit requirements shall remain in 
effect until further notice.

Notification of Interested Parties

    This notice also serves as a final 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 violation which is subject to sanction.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).
    We are issuing and publishing these final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 49168]]


    Dated: August 11, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix II

Cross-Cutting Issues

Comment 1: Surrogate Country
    A. Economic Comparability
    B. Significant Producer
    C. Financial Statements
    D. Data Considerations
Comment 2: Combination Rates
Comment 3: New NME Wage Rate
Comment 4: Zeroing

I. Surrogate Values

Comment 5: Wrong Standard for Accepting Respondents Proposed HTS 
Classifications
Comment 6: Indian Surrogate Values Information Has Been Provided for 
Teamway and the Dare Group
    A. Effective Date
    B. India & South Korea
    C. Inherent Error in Calculation
Comment 7: Brokerage And Handling, Diesel Fuel, Water, Electricity, 
and Freight
Comment 8: Accurate Conversion Factors for Lumber and Board
Comment 9: Accurate Average Unit Values
Comment 10: Philippine Financial Statements
Comment 11: Treatment of Certain Expense Items in the Financial 
Ratios

III. Dare Group

Comment 12: Whether to Apply Partial AFA to the Dare Group's 
Purchases of Semi-Finished Furniture from Unaffiliated Suppliers
Comment 13: Incorrect Allocation for Indirect Materials, Labor, 
Energy, Water, and Scrap
Comment 14: Use of Disaggregated Factors of Production and Correct 
Market Economy Purchase Prices
Comment 15: Exclude Certain Piece Types
Comment 16: Adjust Direct Materials for Unreported Consumption
Comment 17: Modify Assessment Rate Calculation
Comment 18: Conversion Rate for Semi-Finished Furniture Inputs
Comment 19: Raw Material Converters for Plywood
Comment 20: Woodscrap By-Product
Comment 21: Clerical Errors
Comment 22: Corruption of Certain WTA Philippines Import Data
Comment 23: Eliminate Aberrational Values
Comment 24: Change Certain Philippine HTS Categories in Valuing The 
Dare Group's Inputs
Comment 25: Use Most Updated Datasets

IV. Teamway

Comment 26: Whether to Apply Total AFA to Teamway
Comment 27: Whether and How to Combine the FOP Datasets from May 5, 
2008 and May 16, 2008
Comment 28: Whether to Apply an Adverse Inference to Value 
Merchandise Sold, but not Produced, During the POR
Comment 29: Valuation of Certain Subcontracted Factors
Comment 30: Bun Feet Variance
Comment 31: Packing Labor
Comment 32: Use Market Economy Purchases for Certain Inputs

V. Starcorp

Comment 33: Assign Total AFA

[FR Doc. E8-19303 Filed 8-19-08; 8:45 am]
BILLING CODE 3510-DS-P