Wooden Bedroom Furniture from the People's Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 8506-8508 [E9-4033]
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Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices
be removed from an applicant’s
submission and not considered during
the selection process.
DEPARTMENT OF COMMERCE
Timeframe for Recruitment and
Applications
[A–570–890]
Recruitment for this trade mission
will be conducted in an open and public
manner, including publication in the
Federal Register, posting on the
Commerce Department trade mission
calendar (https://www.ita.doc.gov/
doctm/tmcal.html) and other Internet
Web sites, press releases to general and
trade media, e-mail blasts, notices by
industry trade associations and other
multiplier groups, and publicity at
industry meetings, symposia,
conferences, and trade shows.
Recruitment for the mission will begin
immediately and conclude no later than
February 27, 2009. Applications
received after that date will be
considered only if space and scheduling
constraints permit.
Contacts in the United States:
Bill Cline, Director, U.S. Commercial
Service, Reno, Team Leader, Global
Environmental Team, U.S.
Department of Commerce, Tel:
775.784.5203/Fax: 775.784.5343,
Email:
envirotechmission@mail.doc.gov.
Jessica Arnold, Global Environmental
Team Project Officer, U.S. Department
of Commerce, Washington, DC 20004,
Tel: (202) 482–2026/Fax: (202) 482–
9000, Email:
envirotechmission@mail.doc.gov.
Contacts in Europe:
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Milan, Italy: Nicoletta Postiglione,
American Consulate General, Tel:
011–39–02–626–8851, Fax: 011–39–
02–659–6561, Email:
envirotechmission@mail.doc.gov.
Zagreb, Croatia: Pamela Ward, American
Embassy/Zagreb, Tel: 011–385–1–
661–2224, Fax: 011–385–1–661–2446,
Email:
envirotechmission@mail.doc.gov.
Athens, Greece: William Kutson, U.S.
Embassy/Athens, Tel: 30/210/720–
2303/720–2302, Fax: 30/210/721–
8660, Email:
envirotechmission@mail.doc.gov.
Dated: February 18, 2009.
Jessica Arnold,
International Trade Specialist, U.S.
Commercial Service, U.S. Department of
Commerce.
[FR Doc. E9–3953 Filed 2–24–09; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
Wooden Bedroom Furniture from the
People’s Republic of China: Final
Results of Changed Circumstances
Review and Determination to Revoke
Order in Part
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 1, 2007
SUMMARY: On January 9, 2009, the
Department of Commerce (the
‘‘Department’’) published a notice of
initiation and preliminary results of
antidumping duty (‘‘AD’’) changed
circumstances review with intent to
revoke, in part, the AD order on wooden
bedroom furniture from the People’s
Republic of China (‘‘PRC’’). See 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, 74 FR 886
(January 9, 2009) (‘‘Initiation and
Preliminary Results’’). We are now
revoking this order in part, with regard
to the following product: toy boxes, as
described in the relevant footnote
(footnote 15 in this document) of the
‘‘Scope of the Order’’ section of this
notice, based on the fact that domestic
parties have expressed no further
interest in the relief provided by the
order with respect to the imports of
these toy boxes, as so described.
In its November 25, 2008, submission,
the American Furniture Manufacturers
Committee for Legal Trade and its
individual members (the ‘‘AFMC’’ or
‘‘petitioners’’) stated that they no longer
have any interest in seeking
antidumping relief from imports of such
toy boxes as defined in the ‘‘Scope of
the Order’’ section below.
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 November 25, 2008, the
Department received a request on behalf
of the petitioners, for revocation in part
of the AD order on wooden bedroom
furniture from the PRC pursuant to
sections 751(b)(1) and 782(h) of the
Tariff Act of 1930, as amended (‘‘the
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Act’’), with respect to toy boxes. In their
November 25, 2008, submission,
Petitioners stated that they no longer
have any interest in antidumping relief
from imports of such toy boxes.
Scope of Changed Circumstances
Review
The merchandise covered by this
changed circumstances review are toy
boxes from the PRC meeting 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. Effective upon publication
of this final results of changed
circumstances review in the Federal
Register, the amended scope of the
order will read as follows.
Scope of the Amended 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
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Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices
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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.
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
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(9) jewelry armoires;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;
(13) upholstered beds;14 and (14) toy
boxes.15 Imports of subject merchandise
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).
15 To be excluded 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
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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.
Final Results of Review; Partial
Revocation of Antidumping Duty Order
The affirmative statement of no
interest by petitioners concerning toy
boxes, as described herein, constitutes
changed circumstances sufficient to
warrant revocation of this order in part.
No party commented on the Initiation
and Preliminary Results. Additionally,
no party contests that petitioner’s
statement of no interest represents the
views of domestic producers accounting
for substantially all of the production of
the particular domestic like product
(i.e., toy boxes). Therefore, the
Department is partially revoking the
order on wooden bedroom furniture
with respect to toy boxes from the PRC
with regard to products which meet the
specifications detailed above, in
accordance with sections 751(b), (d) and
782(h) of the Act and 19 CFR 351.216(d)
and 351.222(g).
In this changed circumstances review
we have determined to revoke the order
in part, retroactive to January 1, 2007,
(the date following the last day of the
most recently completed administrative
review) for unliquidated entries in light
of: 1) the submission by petitioners; 2)
the fact that entries after this date are
not subject to a final determination by
the Department; and 3) we have
received no comments following our
preliminary results of January 9, 2009,
where we indicated that this changed
circumstances review will apply
retroactively. We hereby notify the
encompasses the entire top of the box; (4) not
incorporate any doors or drawers; (5) have slowclosing 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.
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Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices
public of our revocation in part with
respect to toy boxes in the antidumping
duty order on wooden bedroom
furniture from the PRC retroactive to
January 1, 2007.
We will instruct the U.S. Customs and
Border Protection to liquidate without
regard to antidumping duties, as
applicable, and to refund any estimated
antidumping duties collected for all
unliquidated entries of toy boxes, made
on or after January 1, 2007, meeting the
specifications indicated above, in
accordance with 19 CFR 351.222.
This notice serves as a reminder to
parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. 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 sanctionable
violation.
This changed circumstances
administrative review, partial
revocation of the antidumping duty
order and notice are in accordance with
sections 751(b), (d) and 782(h) of the
Act and 19 CFR 351.216(e) and
351.222(g).
Dated: February 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–4033 Filed 2–24–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Building for the Future: U.S. Building
Products Trade Mission to Asia
Department of Commerce.
Revision.
AGENCY:
ACTION:
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Mission Statement
Building for the Future: U.S. Building
Products Trade Mission to Asia. April
20–28, 2009.
Mission Description
The United States Department of
Commerce, International Trade
Administration, U.S. and Foreign
Commercial Service is organizing a
Trade Mission to Hong Kong, Singapore,
and Bangkok, Thailand, April 20–28,
2009, to promote U.S. firms offering
environmentally friendly design and
engineering services, energy efficient
building systems, efficient lighting and
heating/ventilation/air conditioning
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18:09 Feb 24, 2009
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(HVAC) systems, and eco-friendly
building products.
Growing interest in energy efficiency,
environmental protection, and ‘‘green’’
building are generating significant
opportunities in these markets for U.S.
firms offering innovative products and
technologies. The mission will include
one-on-one business matchmaking
appointments with prospective agents,
distributors, and end-users; updates on
major projects; Embassy briefings on
doing business in each country market;
and networking receptions.
Commercial Setting
Hong Kong
In Hong Kong’s estimated $24 billion
annual construction and building sector,
usage of eco-friendly and energy-saving
products has increased in recent years
as developers are becoming more
concerned about their environmental
image and seek to attract multinational
corporate tenants who prefer features
that will save energy, reduce waste, and
increase productivity in their
commercial projects.
Government regulations and
incentives play a pivotal role in shaping
the design of residential buildings in
Hong Kong. Government incentives to
encourage green building and waste
reduction include exempting green
features from the calculation of the gross
floor area of a property, which grants
developers extra floor space to boost the
market value of their properties.
In the last five years, growth in
demand has been significant for
environmentally-friendly products such
as T5 lamps, variable-speed pumps, heat
recovery systems in HVAC, service-ondemand features, advanced window
glazings, and motion sensors. Metal
formworks have extensively replaced
timber. More pre-fabricated elements are
used to allow cleaner construction sites.
Use of photovoltaic panels has also
increased, particularly in public
buildings, although not on a large scale.
The market for green building products
in Hong Kong is far from maturity and
holds genuine potential.
Singapore
Singapore’s $17 billion construction
market is estimated to reach $20 billion
annually over the next five years.
Government spending will be the main
factor sustaining construction demand,
with emphasis on infrastructure
projects. Singapore’s interest in green
building promises to be substantial. The
Government has set aside about $13
million over the next three years for the
Green Mark Incentive Program,
administered by the Building and
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Construction Authority (BCA), offering
cash incentives to private developers
and building owners for efforts to
achieve a BCA Green Mark Gold rating
for new or retrofitted buildings with a
gross floor area exceeding 5,000 square
meters. Furthermore, under BCA’s
Green Mark program, the Marina Bay
area is to serve as a model eco-city, with
a new reservoir and gardens, and most
buildings in the vicinity Green Mark
certified. (For details on BCA’s Green
Mark program, see https://
www.bca.gov.sg/GreenMark/
green_mark_buildings.html).
Singapore’s Housing and
Development Board is developing an
eco-precinct in an effort to ensure the
sustainability of public housing
developments. The BCA is also
establishing the One North area as a
model of green facilities for the
industrial sector. BCA’s Green Mark
building program is strongly supported
by Singapore’s National Environment
Agency, pointing to excellent
opportunities for U.S. suppliers of green
materials and technology. The BCA
specifically recommends the use of
recyclable materials, as well as products
and systems designed to harness
renewable energy (e.g., solar, wind,
biomass), increase energy efficiency,
improve indoor air quality, and reduce
noise and air pollution.
Another $34 million has been setaside to be used within the next five
years for a new Research Fund for the
Built Environment. This Fund aims to
intensify research and development
efforts in green building technologies
and energy efficiency. Separately, the
Singapore Economic Development
Board is committing $234 million for
the green energy push, which includes
an initiative to make Singapore a testing
ground for new technologies, such as
the latest solar panels or fuel cell
engines.
In all, the market potential in
Singapore for technologies, systems and
equipment used in the construction of
environmentally sustainable (‘‘green’’)
buildings is growing. This covers all
types of systems and products to
improve energy and water efficiency of
a building, technologies and equipment
that improve indoor air quality,
construction systems that reduce noise
and air pollution, and recyclable
building materials.
Thailand
The United States and Thailand have
enjoyed a special commercial
relationship for 175 years under the
Treaty of Amity and Commerce, which
in most sectors affords U.S. companies
operating in Thailand national
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]]>Agencies
[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8506-8508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4033]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture from the People's Republic of China:
Final Results of Changed Circumstances Review and Determination to
Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 1, 2007
SUMMARY: On January 9, 2009, the Department of Commerce (the
``Department'') published a notice of initiation and preliminary
results of antidumping duty (``AD'') changed circumstances review with
intent to revoke, in part, the AD order on wooden bedroom furniture
from the People's Republic of China (``PRC''). See 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, 74 FR 886 (January 9, 2009) (``Initiation and
Preliminary Results''). We are now revoking this order in part, with
regard to the following product: toy boxes, as described in the
relevant footnote (footnote 15 in this document) of the ``Scope of the
Order'' section of this notice, based on the fact that domestic parties
have expressed no further interest in the relief provided by the order
with respect to the imports of these toy boxes, as so described.
In its November 25, 2008, submission, the American Furniture
Manufacturers Committee for Legal Trade and its individual members (the
``AFMC'' or ``petitioners'') stated that they no longer have any
interest in seeking antidumping relief from imports of such toy boxes
as defined in the ``Scope of the Order'' section below.
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 November 25, 2008, the Department received a request on behalf
of the petitioners, for revocation in part of the AD order on wooden
bedroom furniture from the PRC pursuant to sections 751(b)(1) and
782(h) of the Tariff Act of 1930, as amended (``the Act''), with
respect to toy boxes. In their November 25, 2008, submission,
Petitioners stated that they no longer have any interest in antidumping
relief from imports of such toy boxes.
Scope of Changed Circumstances Review
The merchandise covered by this changed circumstances review are
toy boxes from the PRC meeting 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. Effective upon
publication of this final results of changed circumstances review in
the Federal Register, the amended scope of the order will read as
follows.
Scope of the Amended 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
[[Page 8507]]
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 armoires;\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; (13) upholstered beds;\14\ and (14) toy
boxes.\15\ 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).
\15\ To be excluded 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.
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Final Results of Review; Partial Revocation of Antidumping Duty Order
The affirmative statement of no interest by petitioners concerning
toy boxes, as described herein, constitutes changed circumstances
sufficient to warrant revocation of this order in part. No party
commented on the Initiation and Preliminary Results. Additionally, no
party contests that petitioner's statement of no interest represents
the views of domestic producers accounting for substantially all of the
production of the particular domestic like product (i.e., toy boxes).
Therefore, the Department is partially revoking the order on wooden
bedroom furniture with respect to toy boxes from the PRC with regard to
products which meet the specifications detailed above, in accordance
with sections 751(b), (d) and 782(h) of the Act and 19 CFR 351.216(d)
and 351.222(g).
In this changed circumstances review we have determined to revoke
the order in part, retroactive to January 1, 2007, (the date following
the last day of the most recently completed administrative review) for
unliquidated entries in light of: 1) the submission by petitioners; 2)
the fact that entries after this date are not subject to a final
determination by the Department; and 3) we have received no comments
following our preliminary results of January 9, 2009, where we
indicated that this changed circumstances review will apply
retroactively. We hereby notify the
[[Page 8508]]
public of our revocation in part with respect to toy boxes in the
antidumping duty order on wooden bedroom furniture from the PRC
retroactive to January 1, 2007.
We will instruct the U.S. Customs and Border Protection to
liquidate without regard to antidumping duties, as applicable, and to
refund any estimated antidumping duties collected for all unliquidated
entries of toy boxes, made on or after January 1, 2007, meeting the
specifications indicated above, in accordance with 19 CFR 351.222.
This notice serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
This changed circumstances administrative review, partial
revocation of the antidumping duty order and notice are in accordance
with sections 751(b), (d) and 782(h) of the Act and 19 CFR 351.216(e)
and 351.222(g).
Dated: February 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-4033 Filed 2-24-09; 8:45 am]
BILLING CODE 3510-DS-S
