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]
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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
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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
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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 https://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-
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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.
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(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).
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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
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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
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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
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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’’).
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• 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).
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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.
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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.
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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
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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
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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
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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
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216.01
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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.
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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–
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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
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]]>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 https://
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
