Amended Final Results of Antidumping Duty Administrative Review: Wooden Bedroom Furniture From the People's Republic of China, 4916-4920 [E9-1861]
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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
Notice of Final Determination of Sales
at Less Than Fair Value, 65 FR 25706
(May 3, 2000).
Combination Rates
sroberts on PROD1PC70 with NOTICES
In Circular Welded Austenitic
Stainless Pressure Pipe from the
People’s Republic of China: Initiation of
Antidumping Duty Investigation, 73 FR
10221 (February 26, 2008) (Initiation
Notice), the Department stated that it
would calculate combination rates for
respondents that are eligible for a
separate rate in this investigation. See
Initiation Notice. This change in
practice is described in Policy Bulletin
05.1, available at https://ia.ita.doc.gov/.
Policy Bulletin 05.1, states:
{w}hile continuing the practice of
assigning separate rates only to
exporters, all separate rates that the
Department will now assign in its
NME investigations will be specific
to those producers that supplied the
exporter during the period of
investigation. Note, however, that
one rate is calculated for the
exporter and all of the producers
which supplied subject
merchandise to it during the period
of investigation. This practice
applies both to mandatory
respondents receiving an
individually calculated separate
rate as well as the pool of non–
investigated firms receiving the
weighted–average of the
individually calculated rates. This
practice is referred to as the
application of ‘‘combination rates’’
because such rates apply to specific
combinations of exporters and one
or more producers. The cash–
deposit rate assigned to an exporter
will apply only to merchandise
both exported by the firm in
question and produced by a firm
that supplied the exporter during
the period of investigation.
See Policy Bulletin 05.1, ‘‘Separate
Rates Practice and Application of
Combination Rates in Antidumping
Investigations Involving Non–Market
Economy Countries.’’
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of circular
welded austenitic stainless pressure
pipe from the PRC, as described in the
‘‘Scope of Investigation’’ section,
entered, or withdrawn from warehouse,
for consumption on or after September
5, 2008, the date of publication of the
Preliminary Determination in the
Federal Register. We will instruct CBP
to require a cash deposit or the posting
of a bond equal to the weighted–average
dumping margin amount by which the
NV exceeds U.S. price, as follows: (1)
The rate for the exporter/producer
combination listed in the chart above
will be the rate we have determined in
this final determination; (2) for all PRC
exporters of subject merchandise which
have not received their own rate, the
cash–deposit rate will be the PRC–wide
entity rate; and (3) 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 exporter/producer
combination that supplied that non–
PRC exporter. These suspension–ofliquidation instructions will remain in
effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our final determination of sales at LTFV.
As our final determination is
affirmative, in accordance with section
735(b)(2) of the Act, within 45 days the
ITC will determine whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of the subject merchandise.
If the ITC determines that material
injury or threat of material injury does
Final Determination Margins
not exist, the proceeding will be
We determine that the following
terminated and all securities posted will
percentage dumping margins exist for
be refunded or canceled. If the ITC
the POI:
determines that such injury does exist,
the Department will issue an
Margin
Manufacturer/Exporter
antidumping duty order directing CBP
(Percent)
to assess, upon further instruction by
Zhejiang Jiuli Hi–Tech Metals
the Department, antidumping duties on
Co., Ltd. Produced by:
all imports of the subject merchandise
Zhejiang Jiuli Hi–Tech Metals
entered, or withdrawn from warehouse,
Co., Ltd. ..................................
10.53%
for consumption on or after the effective
PRC–Wide Rate .........................
55.21%
date of the suspension of liquidation.
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17:30 Jan 27, 2009
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Notification Regarding APO
This notice also serves as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Dated: January 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretaryfor Import
Administration.
Appendix I
List of Issues
Comment 1: Whether, as Adverse Facts
Available for the PRC–Wide Entity, the
Department Should Use the Petition,
Initiation, or Preliminary Determination
Margins, and Whether Those Margins
Should be Adjusted Using Thai, Instead
of Indian, Surrogate Values
[FR Doc. E9–1827 Filed 1–27–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Amended Final Results of
Antidumping Duty Administrative
Review: Wooden Bedroom Furniture
From the People’s Republic of China
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 20, 2008, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the final results of the
second administrative review and
concurrent new shipper review of the
antidumping duty order on wooden
bedroom furniture from the People’s
Republic of China (‘‘PRC’’). See Wooden
Bedroom Furniture from the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and New Shipper Review, 73 FR
49162 (August 20, 2008) (‘‘Final
Results’’) and accompanying Issues and
Decision Memorandum (August 8, 2007)
(‘‘Issues and Decision Memo’’). The
period of review (‘‘POR’’) covered
January 1, 2006, through December 31,
2006. We are amending our Final
E:\FR\FM\28JAN1.SGM
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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
Results to correct ministerial errors
made in the calculation of the
antidumping duty margin for Fujian
Lianfu Forestry Co./Fujian Wonder
Pacific Inc./Fuzhou Huan Mei Furniture
Co., Ltd./Jiangsu Dare Furniture Co.,
Ltd. (collectively, ‘‘the Dare Group’’)
and Teamway Furniture (Dong Guan)
Co., Ltd., and Brittomart Inc.
(collectively ‘‘Teamway’’), pursuant to
section 751(h) of the Tariff Act of 1930,
as amended (‘‘Act’’) 1. These corrections
will also affect the dumping margins for
the other companies in the review to
which a separate rate applies. See the
Ministerial Error Memorandum for the
Final Results of the 2006 Administrative
and New Shipper Reviews of Wooden
Bedroom Furniture from the People’s
Republic China, dated January 23, 2009.
DATES: Effective Date: January 28, 2009.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz, 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.
SUPPLEMENTARY INFORMATION:
Background
On August 28, 2008,2 Petitioners,3
Teamway,4 and American Signature Inc.
(‘‘ASI’’), interested parties, filed timely
ministerial error allegations with respect
to the Department’s antidumping duty
margin calculation in the Final Results.
On September 3, 2008, Petitioners and
Dare Group filed timely rebuttal
comments.
sroberts on PROD1PC70 with NOTICES
Scope of 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
1 Dumping margins calculated with respect to the
new shipper review concurrent with this
administrative review are unaffected by these
amended final results.
2 This is the date on which the bracketing final
versions of these submissions were received by the
Department.
3 American Furniture Manufacturers Committee
for Legal Trade and Vaughan-Bassett Furniture
Company.
4 The ministerial error allegations filed by
Teamway with the Department did not contain a
narrative, it only contained attachments. However,
the copies Teamway served to parties were
complete. On September 5, 2008, Teamway filed
the narrative of its ministerial error allegations with
the Department.
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17:30 Jan 27, 2009
Jkt 217001
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) chestson-chests,5 highboys,6 lowboys,7 chests
of drawers,8 chests,9 door chests,10
chiffoniers,11 hutches,12 and armoires;13
(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.
5 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.
6 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).
7 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
8 A chest of drawers is typically a case containing
drawers for storing clothing.
9 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.
10 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.
11 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
12 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
13 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.
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4917
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;14
14 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.
15 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).
16 Cheval mirrors are, i.e., any framed, tiltable
mirror with a height in excess of 50’’ that is
mounted on a floor-standing, hinged base.
Additionally, the scope of the order excludes
combination cheval mirror/jewelry cabinets. The
excluded merchandise is an integrated piece
consisting of a cheval mirror, i.e., a framed tiltable
mirror with a height in excess of 50 inches,
mounted on a floor-standing, hinged base, the
cheval mirror serving as a door to a cabinet back
that is integral to the structure of the mirror and
which constitutes a jewelry cabinet lined with
fabric, having necklace and bracelet hooks,
mountings for rings and shelves, with or without a
working lock and key to secure the contents of the
jewelry cabinet back to the cheval mirror, and no
drawers anywhere on the integrated piece. The fully
assembled piece must be at least 50 inches in
height, 14.5 inches in width, and 3 inches in depth.
See 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).
17 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
E:\FR\FM\28JAN1.SGM
Continued
28JAN1
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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
(9) jewelry armoires;15 (10) cheval
mirrors;16 (11) certain metal parts;17 (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.18
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.
Ministerial Errors
A ministerial error is defined in
section 751(h) of the Act and further
clarified in 19 CFR 351.224(f) as ‘‘an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’
After analyzing all interested parties’
comments, we have determined, in
accordance with 19 CFR 351.224(e), that
ministerial errors existed in certain
calculations for Dare Group and
Teamway in the Final Results.
Correction of these errors results in a
change to Dare Group’s and Teamway’s
final antidumping duty margins.
Additionally, the rate change for Dare
Group and Teamway also affects the
dumping margins for the other
companies subject to the administrative
review that receive a separate rate. The
dumping margin for the PRC-wide
entity remains unchanged. For a
detailed discussion of these ministerial
errors, as well as the Department’s
analysis, see the Memorandum titled:
Ministerial Error Memorandum for the
Final Results of Reviews of Wooden
Bedroom Furniture from the People’s
Republic of China, dated January 23,
2009, (‘‘Ministerial Error Allegation
Memorandum’’). The Ministerial Error
Allegation Memorandum is on file in
the Central Records Unit, room 1117 in
the main Department building. The
index for this memorandum is attached
as Appendix 1.
Therefore, in accordance with section
751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results of the
administrative review of wooden
bedroom furniture from the PRC. The
revised weighted-average dumping
margins are detailed below. For
company-specific calculations, see
‘‘Analysis Memorandum for the
Amended Final Results for Dare
Group,’’ dated January 23, 2009, and
‘‘Analysis Memorandum for the
Amended Final Results for Teamway’’
dated January 23, 2009. Listed below are
the weighted average dumping margins
resulting from this administrative
review and new shipper review
including the revised margins resulting
from these amended final results:
WOODEN BEDROOM FURNITURE FROM THE PRC
Weightedaverage
margin
(percent)
Exporter
39.44
Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group) ...............................................................................................................................
39.44
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. ...........................................................................................................................................................
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.19 ............................................................................................................................
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 ...................................................................................................................................................................
sroberts on PROD1PC70 with NOTICES
Fujian Lianfu Forestry Co., Ltd., aka Fujian Wonder Pacific Inc. (Dare Group) .....................................................................................
39.44
25.06
33.38
33.38
33.38
33.38
33.38
33.38
33.38
33.38
33.38
33.38
33.38
216.01
33.38
33.38
33.38
33.38
33.38
33.38
33.38
33.38
33.38
33.38
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.
18 Upholstered beds that are completely
upholstered, i.e., containing filling material and
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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
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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, 007).
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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
4919
WOODEN BEDROOM FURNITURE FROM THE PRC—Continued
Weightedaverage
margin
(percent)
Exporter
Winny Overseas, Ltd. ..............................................................................................................................................................................
Yangchen Hengli Co., Ltd. ......................................................................................................................................................................
Yichun Guangming Furniture Co., Ltd. ....................................................................................................................................................
Zhong Cheng Furniture Co., Ltd. ............................................................................................................................................................
PRC-Wide Rate 20 ...................................................................................................................................................................................
33.38
33.38
33.38
33.38
216.01
19 Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. is subject to the new shipper review, not the administrative review. Therefore, it dumping
margin is unaffected by these amended final results of the administrative review.
20 The PRC-Wide Rate is unaffected by these amended final results of the administrative review.
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 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.
sroberts on PROD1PC70 with NOTICES
Disclosure
We will disclose the calculations
performed for these final results within
five days of the date of publication of
this notice to interested parties in
accordance with 19 CFR 351.224(b).
Assessment Rate
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries based
on the amended final results. For details
on the assessment of antidumping
duties on all appropriate entries, see
Final Results.
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after the date of
publication of the amended final results
of the administrative review.
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Jkt 217001
Teamway-Specific Issues
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively on any entries made on or
after August 8, 2008, the date of
publication of the Final Results, 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 (except if the rate is de
minimis, i.e., less than 0.5 percent, a
zero cash deposit will be required for
that company); (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.
These amended final results are
published in accordance with sections
751(h) and 777(i)(1) of the Act.
Dated: January 23, 2009.
Ronald Lorentzen,
Acting Assistant Secretary for Import
Administration.
APPENDIX 1
General Issues
Issue 1: Whether the Department Miscalculated/Mis-applied the Surrogate
Values (‘‘SV’’) for 29 Factors of Production
(‘‘FOP’’)
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Issue 2: Whether the Department Incorrectly
Calculated Market Economy Purchase
(‘‘MEP’’) Prices for Certain Inputs.
Issue 3: Whether the Department Applied an
Incorrect Truck Freight to Certain Inputs.
Issue 4: Whether the Department Omitted
Mirrors from Teamway’s Normal Value
Calculations.
Issue 5: Whether the Department Properly
Corrected the Electricity and Water Usage
Rates for the Verification Minor Correction.
Issue 6: Whether the Department Incorrectly
Applied Adverse Facts Available (‘‘AFA’’)
to Veneers.
Issue 7: Whether the Department Incorrectly
Assigned FOPs to Control Numbers
(‘‘CONNUMS’’) (‘‘pre-POR CONNUMS’’)
Sold but not Produced during the Period of
Review (‘‘POR’’).
Issue 8: Whether the Department Incorrectly
Included Certain Transactions in its
Margin Calculation for the Final Results.
Dare Group-Specific Issues
Issue 9: Whether the Department Correctly
Applied the Cubic-Meters-to-Pieces
Conversion Factor for Semi-finished
Furniture.
Issue 10: Whether the Department Should
Apply the Average Piece-Types Conversion
Factor for CONNUMs with No Specific
Conversion Factor Reported to Convert
Semi-finished Furniture from its Reported
Quantity in Cubic Meters (‘‘M3’’) to Pieces.
Issue 11: Whether the Department Failed to
Weight-Average the Market Economy
Purchase Prices and Average Unit Values
(‘‘AUV’’).
Issue 12: Whether the Department Failed to
Exclude Non-Subject Piece Types From its
Margin Calculations.
Issue 13: Whether the Department Included
Certain FOPs in the Normal Value
Calculation.
Issue 14: Whether the Department Failed to
Use the Correct Conversion Factor for
VENEERPLY.
Issue 15: Whether the Department Incorrectly
Converted the Currency of
BIRCHWOOD_SV.
Issue 16: Whether the Department Used the
Correct Conversion Factors for Certain FOP
Freight Costs.
Issue 17: Whether the Department
Implemented its Intended AFA with
Respect to a Type of Plywood.
E:\FR\FM\28JAN1.SGM
28JAN1
4920
Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
Issue 18: Whether the Department Failed to
Incorporate Minor Corrections Accepted at
Verification.
Issue 19: Whether the Department Mistakenly
Used an MEP from a Subsidy Country to
Value an FOP.
Issue 20: Whether the Department Used the
Correct Kilogram (‘‘kg’’)/Square Meter
(‘‘M2’’) Converter for Lauan Veneer
(‘‘LAUANVENEER’’).
Issue 21: Whether the Department Used an
Incorrect SV for Truck Freight in the Cost
Calculation String for LEATHEROID.
Issue 22: Whether the Department Incorrectly
Included Packing Labor in the Calculation
of the Cost of Manufacture (‘‘COM’’) with
Respect to CONNUMS Reported in the
‘‘Sold Not Produced’’ (‘‘SNP’’) FOP
Database.
Issue 23: Whether the Department Made an
Error in the Calculation of the Surrogate
Financial Ratios.
Issue 24: Whether the Department Failed to
Deflate SVs Based on 2007 Import Data.
Issue 25: Whether the Department Applied
the Correct kg/Cubic Meter (‘‘M3’’)
Converter for Fiberboard.
Issue 26: Whether the Department Used an
Incorrect SV for Philippine Harmonized
Schedule (‘‘HS’’) Number 4407.99.00 in the
SNP SV Spreadsheet to Value Several
Types of Wood and Wood Parts.
[FR Doc. E9–1861 Filed 1–27–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–552–801
sroberts on PROD1PC70 with NOTICES
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam:
Preliminary Results of the Third New
Shipper Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 1, 2005, the
Department published in the Federal
Register the antidumping duty order on
certain frozen fish fillets from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). See Notice of
Antidumping Duty Order: Certain
Frozen Fish Fillets From the Socialist
Republic of Vietnam, 68 FR 47909
(August 12, 2003) (‘‘Order’’). The
Department is conducting new shipper
reviews (‘‘NSR’’) of the Order, covering
the period of review (‘‘POR’’) of August
1, 2007, through January 31, 2008. If
these preliminary results are adopted in
our final results of review, we will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to assess
antidumping duties on entries of subject
merchandise during the POR for which
the importer–specific assessment rates
are above de minimis.
EFFECTIVE DATE: January 28, 2009.
VerDate Nov<24>2008
17:30 Jan 27, 2009
Jkt 217001
FOR FURTHER INFORMATION CONTACT:
Alan Ray or Emeka Chukwudebe, AD/
CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC 20230;
telephone: (202) 482–5403 or (202) 482–
0219, respectively.
SUPPLEMENTARY INFORMATION:
General Background
On February 25, 2008, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (‘‘the Act’’), and 19
CFR 351.214(c), the Department
received NSR requests from Asia
Commerce Fisheries Joint Stock
Company (‘‘Acom’’) and Hiep Thanh
Seafood Joint Stock Company (‘‘Hiep
Thanh). Both companies certified that
they are the producers and exporters of
the subject merchandise upon which the
requests were based.
On April 7, 2008, the Department
initiated antidumping duty new shipper
reviews on frozen fish fillets from
Vietnam covering the two companies.
See Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Initiation
of Antidumping Duty New Shipper
Reviews, 72 FR 54428 (April 7, 2008).
On April 14, 2008, the Department
issued original questionnaires to both
Hiep Thanh and Acom. Between May
and October 2008, Hiep Thanh and
Acom submitted responses to the
original sections A, C, and D
questionnaires and supplemental
sections A, C, and D questionnaires.
Extension of Time Limits
On September 25, 2008, the
Department extended the deadline for
the preliminary results of this review by
120 days, to January 20, 2009. See
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam:
Extension of Time Limits for the
Preliminary Results of the New Shipper
Reviews, 73 FR 55496 (September 25,
2008)1 (‘‘Extension’’).
Surrogate Country and Surrogate
Values
On December 12, 2008, the
Department sent interested parties a
letter requesting comments on surrogate
country selection and information
pertaining to valuing factors of
production (‘‘FOP’’). On January 5,
1 Where a statutory deadline falls on a weekend,
federal holiday, or any other day when the
Department is closed, the Department will continue
its longstanding practice of reaching our
determination on the next business day. In this
instance, the preliminary results will be released no
later than January 21, 2009.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
2009, Petitioners2 submitted surrogate
value data. No other party submitted
surrogate country or surrogate value
data.
Verification
Pursuant to 19 CFR 351.307(b)(iv), we
conducted verification of the sales and
factors of production (‘‘FOP’’) for Hiep
Thanh between November 12–20, 2008.
See Memorandum to the File from Alan
Ray, Case Analyst through Alex
Villanueva, Program Manager,
Verification of the Sales and Factors
Response of Hiep Thanh in the
Antidumping New Shipper Review of
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam
(‘‘Vietnam’’), dated December 12, 2008
(‘‘Hiep Thanh Verification Report’’).
Scope of the Order
The product covered by this Order is
frozen fish fillets, including regular,
shank, and strip fillets and portions
thereof, whether or not breaded or
marinated, of the species Pangasius
Bocourti, Pangasius Hypophthalmus
(also known as Pangasius Pangasius),
and Pangasius Micronemus. Frozen fish
fillets are lengthwise cuts of whole fish.
The fillet products covered by the scope
include boneless fillets with the belly
flap intact (‘‘regular’’ fillets), boneless
fillets with the belly flap removed
(‘‘shank’’ fillets), boneless shank fillets
cut into strips (‘‘fillet strips/finger’’),
which include fillets cut into strips,
chunks, blocks, skewers, or any other
shape. Specifically excluded from the
scope are frozen whole fish (whether or
not dressed), frozen steaks, and frozen
belly–flap nuggets. Frozen whole
dressed fish are deheaded, skinned, and
eviscerated. Steaks are bone–in, cross–
section cuts of dressed fish. Nuggets are
the belly–flaps. The subject
merchandise will be hereinafter referred
to as frozen ‘‘basa’’ and ‘‘tra’’ fillets,
which are the Vietnamese common
names for these species of fish. These
products are classifiable under tariff
article codes 1604.19.4000,
1604.19.5000, 0305.59.4000,
0304.29.6033 (Frozen Fish Fillets of the
species Pangasius including basa and
tra) of the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’).3 This
2 The Catfish Farmers of America and individual
U.S. catfish processors, America’s Catch,
Consolidated Catfish Companies, LLC dba Country
Select Catfish, Delta Pride Catfish, Inc., Harvest
Select Catfish, Inc., Heartland Catfish Company,
Pride of the Pond, Simmons Farm Raised Catfish,
Inc., and Southern Pride Catfish Company LLC
(collectively, ‘‘Petitioners’’).
3 Until July 1, 2004, these products were
classifiable under tariff article codes 0304.20.60.30
(Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish
Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater
E:\FR\FM\28JAN1.SGM
28JAN1
]]>Agencies
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Pages 4916-4920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1861]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Amended Final Results of Antidumping Duty Administrative Review:
Wooden Bedroom Furniture From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 20, 2008, the Department of Commerce
(``Department'') published in the Federal Register the final results of
the second administrative review and concurrent new shipper review of
the antidumping duty order on wooden bedroom furniture from the
People's Republic of China (``PRC''). See Wooden Bedroom Furniture from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review and New Shipper Review, 73 FR 49162 (August 20,
2008) (``Final Results'') and accompanying Issues and Decision
Memorandum (August 8, 2007) (``Issues and Decision Memo''). The period
of review (``POR'') covered January 1, 2006, through December 31, 2006.
We are amending our Final
[[Page 4917]]
Results to correct ministerial errors made in the calculation of the
antidumping duty margin for Fujian Lianfu Forestry Co./Fujian Wonder
Pacific Inc./Fuzhou Huan Mei Furniture Co., Ltd./Jiangsu Dare Furniture
Co., Ltd. (collectively, ``the Dare Group'') and Teamway Furniture
(Dong Guan) Co., Ltd., and Brittomart Inc. (collectively ``Teamway''),
pursuant to section 751(h) of the Tariff Act of 1930, as amended
(``Act'') \1\. These corrections will also affect the dumping margins
for the other companies in the review to which a separate rate applies.
See the Ministerial Error Memorandum for the Final Results of the 2006
Administrative and New Shipper Reviews of Wooden Bedroom Furniture from
the People's Republic China, dated January 23, 2009.
---------------------------------------------------------------------------
\1\ Dumping margins calculated with respect to the new shipper
review concurrent with this administrative review are unaffected by
these amended final results.
---------------------------------------------------------------------------
DATES: Effective Date: January 28, 2009.
FOR FURTHER INFORMATION CONTACT: Paul Stolz, 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.
SUPPLEMENTARY INFORMATION:
Background
On August 28, 2008,\2\ Petitioners,\3\ Teamway,\4\ and American
Signature Inc. (``ASI''), interested parties, filed timely ministerial
error allegations with respect to the Department's antidumping duty
margin calculation in the Final Results. On September 3, 2008,
Petitioners and Dare Group filed timely rebuttal comments.
---------------------------------------------------------------------------
\2\ This is the date on which the bracketing final versions of
these submissions were received by the Department.
\3\ American Furniture Manufacturers Committee for Legal Trade
and Vaughan-Bassett Furniture Company.
\4\ The ministerial error allegations filed by Teamway with the
Department did not contain a narrative, it only contained
attachments. However, the copies Teamway served to parties were
complete. On September 5, 2008, Teamway filed the narrative of its
ministerial error allegations with the Department.
---------------------------------------------------------------------------
Scope of 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,\5\ highboys,\6\ lowboys,\7\ chests of drawers,\8\ chests,\9\
door chests,\10\ chiffoniers,\11\ hutches,\12\ and armoires;\13\ (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.
---------------------------------------------------------------------------
\5\ 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.
\6\ 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).
\7\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\8\ A chest of drawers is typically a case containing drawers
for storing clothing.
\9\ 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.
\10\ 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.
\11\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\12\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\13\ 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;\14\
[[Page 4918]]
(9) jewelry armoires;\15\ (10) cheval mirrors;\16\ (11) certain metal
parts;\17\ (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.\18\
---------------------------------------------------------------------------
\14\ 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.
\15\ 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).
\16\ Cheval mirrors are, i.e., any framed, tiltable mirror with
a height in excess of 50'' that is mounted on a floor-standing,
hinged base. Additionally, the scope of the order excludes
combination cheval mirror/jewelry cabinets. The excluded merchandise
is an integrated piece consisting of a cheval mirror, i.e., a framed
tiltable mirror with a height in excess of 50 inches, mounted on a
floor-standing, hinged base, the cheval mirror serving as a door to
a cabinet back that is integral to the structure of the mirror and
which constitutes a jewelry cabinet lined with fabric, having
necklace and bracelet hooks, mountings for rings and shelves, with
or without a working lock and key to secure the contents of the
jewelry cabinet back to the cheval mirror, and no drawers anywhere
on the integrated piece. The fully assembled piece must be at least
50 inches in height, 14.5 inches in width, and 3 inches in depth.
See 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).
\17\ 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.
\18\ 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, 007).
---------------------------------------------------------------------------
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.
Ministerial Errors
A ministerial error is defined in section 751(h) of the Act and
further clarified in 19 CFR 351.224(f) as ``an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.''
After analyzing all interested parties' comments, we have
determined, in accordance with 19 CFR 351.224(e), that ministerial
errors existed in certain calculations for Dare Group and Teamway in
the Final Results. Correction of these errors results in a change to
Dare Group's and Teamway's final antidumping duty margins.
Additionally, the rate change for Dare Group and Teamway also affects
the dumping margins for the other companies subject to the
administrative review that receive a separate rate. The dumping margin
for the PRC-wide entity remains unchanged. For a detailed discussion of
these ministerial errors, as well as the Department's analysis, see the
Memorandum titled: Ministerial Error Memorandum for the Final Results
of Reviews of Wooden Bedroom Furniture from the People's Republic of
China, dated January 23, 2009, (``Ministerial Error Allegation
Memorandum''). The Ministerial Error Allegation Memorandum is on file
in the Central Records Unit, room 1117 in the main Department building.
The index for this memorandum is attached as Appendix 1.
Therefore, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), we are amending the Final Results of the administrative
review of wooden bedroom furniture from the PRC. The revised weighted-
average dumping margins are detailed below. For company-specific
calculations, see ``Analysis Memorandum for the Amended Final Results
for Dare Group,'' dated January 23, 2009, and ``Analysis Memorandum for
the Amended Final Results for Teamway'' dated January 23, 2009. Listed
below are the weighted average dumping margins resulting from this
administrative review and new shipper review including the revised
margins resulting from these amended final results:
Wooden Bedroom Furniture From the PRC
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Fujian Lianfu Forestry Co., Ltd., aka Fujian Wonder Pacific 39.44
Inc. (Dare Group).........................................
Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group)........... 39.44
Jiangsu Dare Furniture Co., Ltd. (Dare Group).............. 39.44
Teamway Furniture (Dong Guan) Co. Ltd., Brittomart Inc..... 25.06
BNBM Co., Ltd. (aka Beijing New Material Co., Ltd.)........ 33.38
Classic Furniture Global Co., Ltd.......................... 33.38
Dalian Guangming Furniture Co., Ltd........................ 33.38
Decca Furniture Ltd., aka Decca............................ 33.38
Dong Guan Golden Fortune Houseware Co., Ltd................ 33.38
Dongguan Mingsheng Furniture Co., Ltd...................... 33.38
Dongguan Yihaiwei Furniture Limited........................ 33.38
Fortune Furniture Ltd. and its affiliate, Dongguan Fortune 33.38
Furniture Ltd.............................................
Gaomi Yatai Wooden Ware Co., Ltd., Team Prospect 33.38
International Ltd., Money Gain International Co...........
Guangming Group Wumahe Furniture Co., Ltd.................. 33.38
Inni Furniture............................................. 33.38
Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd.\19\.... 216.01
Meikangchi (Nantong) Furniture Company Ltd................. 33.38
Nanjing Nanmu Furniture Co., Ltd........................... 33.38
Po Ying Industrial Co...................................... 33.38
Qingdao Beiyuan-Shengli Furniture Co., Ltd., Qingdao 33.38
Beiyuan Industry Trading Co. Ltd..........................
Shenzhen Tiancheng Furniture Co., Ltd., Winbuild Industrial 33.38
Ltd., Red Apple Furniture Co., Ltd. and Red Apple Trading
Co., Ltd..................................................
Shenyang Kunyu Wood Industry Co., Ltd...................... 33.38
Shenzhen Xingli Furniture Co., Ltd......................... 33.38
Tianjin First Wood Co., Ltd................................ 33.38
Union Friend International Trade Co., Ltd.................. 33.38
Winmost Enterprises Limited................................ 33.38
[[Page 4919]]
Winny Overseas, Ltd........................................ 33.38
Yangchen Hengli Co., Ltd................................... 33.38
Yichun Guangming Furniture Co., Ltd........................ 33.38
Zhong Cheng Furniture Co., Ltd............................. 33.38
PRC-Wide Rate \20\......................................... 216.01
------------------------------------------------------------------------
\19\ Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. is subject to
the new shipper review, not the administrative review. Therefore, it
dumping margin is unaffected by these amended final results of the
administrative review.
\20\ The PRC-Wide Rate is unaffected by these amended final results of
the administrative review.
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 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 for these final results
within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries based on the amended final results. For details on
the assessment of antidumping duties on all appropriate entries, see
Final Results.
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the date of publication of the amended
final results of the administrative review.
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively on any entries made on or after August 8, 2008, the date
of publication of the Final Results, 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 (except if the rate is de
minimis, i.e., less than 0.5 percent, a zero cash deposit will be
required for that company); (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.
These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: January 23, 2009.
Ronald Lorentzen,
Acting Assistant Secretary for Import Administration.
APPENDIX 1
General Issues
Issue 1: Whether the Department Mis-calculated/Mis-applied the
Surrogate Values (``SV'') for 29 Factors of Production (``FOP'')
Teamway-Specific Issues
Issue 2: Whether the Department Incorrectly Calculated Market
Economy Purchase (``MEP'') Prices for Certain Inputs.
Issue 3: Whether the Department Applied an Incorrect Truck Freight
to Certain Inputs.
Issue 4: Whether the Department Omitted Mirrors from Teamway's
Normal Value Calculations.
Issue 5: Whether the Department Properly Corrected the Electricity
and Water Usage Rates for the Verification Minor Correction.
Issue 6: Whether the Department Incorrectly Applied Adverse Facts
Available (``AFA'') to Veneers.
Issue 7: Whether the Department Incorrectly Assigned FOPs to Control
Numbers (``CONNUMS'') (``pre-POR CONNUMS'') Sold but not Produced
during the Period of Review (``POR'').
Issue 8: Whether the Department Incorrectly Included Certain
Transactions in its Margin Calculation for the Final Results.
Dare Group-Specific Issues
Issue 9: Whether the Department Correctly Applied the Cubic-Meters-
to-Pieces Conversion Factor for Semi-finished Furniture.
Issue 10: Whether the Department Should Apply the Average Piece-
Types Conversion Factor for CONNUMs with No Specific Conversion
Factor Reported to Convert Semi-finished Furniture from its Reported
Quantity in Cubic Meters (``M3'') to Pieces.
Issue 11: Whether the Department Failed to Weight-Average the Market
Economy Purchase Prices and Average Unit Values (``AUV'').
Issue 12: Whether the Department Failed to Exclude Non-Subject Piece
Types From its Margin Calculations.
Issue 13: Whether the Department Included Certain FOPs in the Normal
Value Calculation.
Issue 14: Whether the Department Failed to Use the Correct
Conversion Factor for VENEERPLY.
Issue 15: Whether the Department Incorrectly Converted the Currency
of BIRCHWOOD--SV.
Issue 16: Whether the Department Used the Correct Conversion Factors
for Certain FOP Freight Costs.
Issue 17: Whether the Department Implemented its Intended AFA with
Respect to a Type of Plywood.
[[Page 4920]]
Issue 18: Whether the Department Failed to Incorporate Minor
Corrections Accepted at Verification.
Issue 19: Whether the Department Mistakenly Used an MEP from a
Subsidy Country to Value an FOP.
Issue 20: Whether the Department Used the Correct Kilogram (``kg'')/
Square Meter (``M2'') Converter for Lauan Veneer (``LAUANVENEER'').
Issue 21: Whether the Department Used an Incorrect SV for Truck
Freight in the Cost Calculation String for LEATHEROID.
Issue 22: Whether the Department Incorrectly Included Packing Labor
in the Calculation of the Cost of Manufacture (``COM'') with Respect
to CONNUMS Reported in the ``Sold Not Produced'' (``SNP'') FOP
Database.
Issue 23: Whether the Department Made an Error in the Calculation of
the Surrogate Financial Ratios.
Issue 24: Whether the Department Failed to Deflate SVs Based on 2007
Import Data.
Issue 25: Whether the Department Applied the Correct kg/Cubic Meter
(``M3'') Converter for Fiberboard.
Issue 26: Whether the Department Used an Incorrect SV for Philippine
Harmonized Schedule (``HS'') Number 4407.99.00 in the SNP SV
Spreadsheet to Value Several Types of Wood and Wood Parts.
[FR Doc. E9-1861 Filed 1-27-09; 8:45 am]
BILLING CODE 3510-DS-P
