Wooden Bedroom Furniture from the People's Republic of China: Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order in Part, 886-887 [E9-227]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 886-887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-227]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture from the People's Republic of China: 
Notice of Initiation and Preliminary Results of Changed Circumstances 
Review, and Intent to Revoke Order in Part

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

EFFECTIVE DATE: January 9, 2009.
SUMMARY: On November 25, 2008, the Department of Commerce (the 
``Department'') received a request on behalf of petitioners, the 
American Furniture Manufacturers Committee for Legal Trade and its 
individual members (the ``AFMC'' or ``petitioners''), for a changed 
circumstances review and a request to revoke in part the antidumping 
duty (``AD'') order on wooden bedroom furniture from the People's 
Republic of China (``PRC'') with respect to certain toy boxes. In its 
November 25, 2008, submission, AFMC stated that it no longer has any 
interest in antidumping relief from imports of certain toy boxes with 
respect to the subject merchandise defined in the ``Scope of the 
Review'' section below. Interested parties are invited to comment on 
these preliminary results.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Robert Bolling, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; 
telephone (202) 482-4474 and (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2005, the Department published the Notice of Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order: Wooden Bedroom Furniture From the People's Republic of 
China, 70 FR 329 (January 4, 2005). On November 25, 2008, AFMC 
requested revocation in part of the AD order pursuant to sections 
751(b)(1) and 782(h) of the Tariff Act of 1930, as amended (``the 
Act''), with respect to certain toy boxes, as described below.

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-on-
chests,\1\ highboys,\2\ lowboys,\3\ chests of drawers,\4\ chests,\5\ 
door chests,\6\ chiffoniers,\7\ hutches,\8\ and armoires;\9\ (6) desks, 
computer stands, filing cabinets, book cases, or writing tables that 
are attached to or incorporated in the subject merchandise; and (7) 
other bedroom furniture consistent with the above list.
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    \1\ A chest-on-chest is typically a tall chest-of-drawers in two 
or more sections (or appearing to be in two or more sections), with 
one or two sections mounted (or appearing to be mounted) on a 
slightly larger chest; also known as a tallboy.
    \2\ A highboy is typically a tall chest of drawers usually 
composed of a base and a top section with drawers, and supported on 
four legs or a small chest (often 15 inches or more in height).
    \3\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \4\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \5\ A chest is typically a case piece taller than it is wide 
featuring a series of drawers and with or without one or more doors 
for storing clothing. The piece can either include drawers or be 
designed as a large box incorporating a lid.
    \6\ A door chest is typically a chest with hinged doors to store 
clothing, whether or not containing drawers. The piece may also 
include shelves for televisions and other entertainment electronics.
    \7\ A chiffonier is typically a tall and narrow chest of drawers 
normally used for storing undergarments and lingerie, often with 
mirror(s) attached.
    \8\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \9\ An armoire is typically a tall cabinet or wardrobe 
(typically 50 inches or taller), with doors, and with one or more 
drawers (either exterior below or above the doors or interior behind 
the doors), shelves, and/or garment rods or other apparatus for 
storing clothes. Bedroom armoires may also be used to hold 
television receivers and/or other audio-visual entertainment 
systems.
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    The scope of the order excludes the following items: (1) seats, 
chairs, benches, couches, sofas, sofa beds, stools, and other seating 
furniture; (2) mattresses, mattress supports (including box springs), 
infant cribs, water beds, and futon frames; (3) office furniture, such 
as desks, stand-up desks, computer cabinets, filing cabinets, 
credenzas, and bookcases; (4) dining room or kitchen furniture such as 
dining tables, chairs, servers, sideboards, buffets, corner cabinets, 
china cabinets, and china hutches; (5) other non-bedroom furniture, 
such as television cabinets, cocktail tables, end tables, occasional 
tables, wall systems, book cases, and entertainment systems; (6) 
bedroom furniture made primarily of wicker, cane, osier, bamboo or 
rattan; (7) side rails for beds made of metal if sold separately from 
the headboard and footboard; (8) bedroom furniture in which bentwood 
parts predominate;\10\ (9) jewelry armories;\11\ (10) cheval

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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.
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    \10\ As used herein, bentwood means solid wood made pliable. 
Bentwood is wood that is brought to a curved shape by bending it 
while made pliable with moist heat or other agency and then set by 
cooling or drying. See Customs' Headquarters' Ruling Letter 043859, 
dated May 17, 1976.
    \11\ Any armoire, cabinet or other accent item for the purpose 
of storing jewelry, not to exceed 24`` in width, 18`` in depth, and 
49`` in height, including a minimum of 5 lined drawers lined with 
felt or felt-like material, at least one side door (whether or not 
the door is lined with felt or felt-like material), with necklace 
hangers, and a flip-top lid with inset mirror. See 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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Initiation and Preliminary Results of Changed Circumstances Review, and 
Intent to Revoke Order in Part

    At the request of AFMC, and in accordance with sections 751(d)(1) 
and 751(b)(1) of the Act and 19 CFR 351.216, the Department is 
initiating a changed circumstances review of wooden bedroom furniture 
from the PRC to determine whether partial revocation of the AD order is 
warranted with respect to certain toy boxes. Section 782(h)(2) of the 
Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke 
an order (in whole or in part) if it determines that producers 
accounting for substantially all of the production of the domestic like 
product have no further interest in the order, in whole or in part. In 
addition, in the event the Department determines that expedited action 
is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to 
combine the notices of initiation and preliminary results.
    In accordance with section 751(b) of the Act, and 19 CFR 
351.222(g)(l)(i) and 351.221(c)(3)(ii), we are initiating this changed 
circumstances review and have determined that expedited action is 
warranted. In accordance with 19 CFR 351.216(b) and (c), we find that 
the petitioners' affirmative statement of no interest constitutes good 
cause for the conduct of this review. Additionally, our decision to 
expedite this review stems from the domestic industry's lack of 
interest in applying the AD order to the specific wooden bedroom 
furniture (i.e., certain toy boxes, discussed below) covered by this 
request.
    Based on the expression of no interest by petitioners and absent 
any objection by any other domestic interested parties, we have 
preliminarily determined that substantially all of the domestic 
producers of the like product have no interest in the continued 
application of the AD order on wooden bedroom furniture to the 
merchandise that is subject to this request. Therefore, we are 
notifying the public of our intent to revoke, in part, the AD order as 
it relates to imports of the certain toy boxes from the People's 
Republic of China, as described below.
    If the order is revoked with respect to this product, we will add 
the following language to the list of excluded items included in the 
scope of the order:
    ``Excluded from the scope are toy boxes that meet each of the 
following criteria. The toy box must: 1) be wider than it is tall; (2) 
have dimensions within 16 27 inches in height, 15 18 inches in depth, 
and 21 30 inches in width; (3) have a hinged lid that encompasses the 
entire top of the box; (4) not incorporate any doors or drawers; (5) 
have slow-closing safety hinges; (6) have air vents; (7) have no 
locking mechanism; and (8) comply with American Society for Testing and 
Materials (ASTM) standard F963-03. Toy boxes are boxes generally 
designed for the purpose of storing children's items such as toys, 
books, and playthings.''

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 days after 
the date of publication of these preliminary results in the Federal 
Register. Rebuttals to written comments, limited to issues raised in 
such comments, may be filed no later than 21 days after the date of 
publication. The Department will issue the final results of this 
changed circumstances review, which will include the results of its 
analysis raised in any such written comments, no later than 270 days 
after the date on which this review was initiated, or within 45 days if 
all parties that comment agree with our preliminary results. See 19 CFR 
351.216(e).
    If final revocation occurs, we will instruct U.S. Customs and 
Border Protection to end the suspension of liquidation for the 
merchandise covered by the revocation on the effective date of the 
notice of revocation (e.g. January 1, 2007, the first day on which such 
merchandise is not subject to the final results of administrative 
review) and to release any cash deposit or bond. See 19 CFR 
351.222(g)(4). The current requirement for a cash deposit of estimated 
AD duties on all subject merchandise will remain in effect until 
further notice.
    This initiation and preliminary results of review and notice are in 
accordance with sections 751(b) of the Act and 19 CFR 351.216, 351.221, 
and 351.222.

    Dated: December 30, 2008.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Antidumping and Countervailing Duty 
Operations.
[FR Doc. E9-227 Filed 1-9-09; 8:45 am]
Billing Code: 3510-DS-S