Second Amended Final Results of Antidumping Duty Administrative Review: Wooden Bedroom Furniture from the People's Republic of China, 13417-13419 [E9-6902]
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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices
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:
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–890
Second Amended Final Results of
Antidumping Duty Administrative
Review: Wooden Bedroom Furniture
from the People’s Republic of China
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. On January 28, 2009, the
Department published amended final
results in the Federal Register. See
Amended Final Results of Antidumping
Duty Administrative Review: Wooden
Bedroom Furniture From the People’s
Republic of China, 74 FR 4916 (January
28, 2009) (‘‘First Amended Final
Results’’). We are amending our First
Amended Final 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’’). These corrections will also
affect the dumping margins for the other
companies in the review to which a
separate rate applies. Dumping margins
calculated with respect to the new
shipper review concurrent with this
administrative review are unaffected by
these amended final results. See the
‘‘Ministerial Error Memorandum for the
Second Amended Final Results of the
2006 Administrative Review of Wooden
Bedroom Furniture from the People’s
Republic China’’ (‘‘Ministerial Error
Memo’’), dated March 20, 2009.
EFFECTIVE DATE: August 20, 2008.
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AGENCY:
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Background
On February 12, 2009, American
Furniture Manufacturers Committee for
Legal Trade and Vaughan–Bassett
Furniture Company (‘‘Petitioners’’) filed
timely ministerial error allegations with
respect to the Department’s
antidumping duty margin calculation in
the First Amended Final Results.
Teamway filed timely ministerial error
allegations on February 17, 2009. No
other interested party filed comments,
and no interested party submitted
rebuttal comments.
Scope of the Order
The product covered by the order is
wooden bedroom furniture. Wooden
bedroom furniture is generally, but not
exclusively, designed, manufactured,
and offered for sale in coordinated
groups, or bedrooms, in which all of the
individual pieces are of approximately
the same style and approximately the
same material and/or finish. The subject
merchandise is made substantially of
wood products, including both solid
wood and also engineered wood
products made from wood particles,
fibers, or other wooden materials such
as plywood, oriented strand board,
particle board, and fiberboard, with or
without wood veneers, wood overlays,
or laminates, with or without non–wood
components or trim such as metal,
marble, leather, glass, plastic, or other
resins, and whether or not assembled,
completed, or finished.
The subject merchandise includes the
following items: (1) wooden beds such
as loft beds, bunk beds, and other beds;
(2) wooden headboards for beds
(whether stand–alone or attached to side
rails), wooden footboards for beds,
wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night
stands, dressers, commodes, bureaus,
mule chests, gentlemen’s chests,
bachelor’s chests, lingerie chests,
wardrobes, vanities, chessers,
chifforobes, and wardrobe–type
cabinets; (4) dressers with framed glass
mirrors that are attached to,
incorporated in, sit on, or hang over the
dresser; (5) chests–on-chests,1
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.
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13417
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
(9) jewelry armoires;11 (10) cheval
2 A highboy is typically a tall chest of drawers
usually composed of a base and a top section with
drawers, and supported on four legs or a small chest
(often 15 inches or more in height).
3 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
4 A chest of drawers is typically a case containing
drawers for storing clothing.
5 A chest is typically a case piece taller than it
is wide featuring a series of drawers and with or
without one or more doors for storing clothing. The
piece can either include drawers or be designed as
a large box incorporating a lid.
6 A door chest is typically a chest with hinged
doors to store clothing, whether or not containing
drawers. The piece may also include shelves for
televisions and other entertainment electronics.
7 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
8 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
9 An armoire is typically a tall cabinet or
wardrobe (typically 50 inches or taller), with doors,
and with one or more drawers (either exterior below
or above the doors or interior behind the doors),
shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used
to hold television receivers and/or other audiovisual entertainment systems.
10 As used herein, bentwood means solid wood
made pliable. Bentwood is wood that is brought to
a curved shape by bending it while made pliable
with moist heat or other agency and then set by
cooling or drying. See Customs’ Headquarters’
Ruling Letter 043859, dated May 17, 1976.
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
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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices
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.
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 the Dare Group and
Teamway in the First Amended Final
Results. Correction of these errors
results in a change to the Dare Group’s
and Teamway’s final antidumping duty
margins. Additionally, the rate change
for the 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
Ministerial Error Memo. The Ministerial
Error Memo is on file in the Central
Records Unit, room 1117 in the main
Department building.
Therefore, in accordance with section
751(h) of the Act and 19 CFR 351.224(e),
we are amending the First Amended
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 Second Amended
Final Results for the Dare Group,’’ dated
March 20, 2009, and ‘‘Antidumping
Duty Administrative Review: Wooden
Bedroom Furniture from the People’s
Republic of China: Analysis of the
Second Amended Final Results Margin
Calculation for Teamway Furniture
(Dong Guan) Ltd. and Brittomart
Incorporated,’’ dated March 20, 2009.
Listed below are the revised weighted–
average dumping margins resulting from
these amended final results:
WOODEN BEDROOM FURNITURE FROM THE PRC
Weighted–Average Margin
(Percent)
Exporter
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Fujian Lianfu Forestry Co., Ltd., aka Fujian Wonder Pacific Inc. (Dare Group) .......................................................
Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group) .................................................................................................
Jiangsu Dare Furniture Co., Ltd. (Dare Group) ........................................................................................................
Teamway Furniture (Dong Guan) Co. Ltd., Brittomart Inc. .......................................................................................
BNBM Co., Ltd. (aka Beijing New Material Co., Ltd.) ...............................................................................................
Classic Furniture Global Co., Ltd. ..........................................................................................................................
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. ...............
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
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17:13 Mar 26, 2009
Jkt 217001
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
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Sfmt 4703
39.46
39.46
39.46
22.29
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
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 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. See Wooden Bedroom
Furniture from the People’s Republic of China:
Final Results of Changed Circumstances Review
and Determination to Revoke Order in Part, 74 FR
8506 (February 25, 2009).
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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices
13419
WOODEN BEDROOM FURNITURE FROM THE PRC—Continued
Weighted–Average Margin
(Percent)
Exporter
Guangming Group Wumahe Furniture Co., Ltd. .......................................................................................................
Inni Furniture ..............................................................................................................................................................
Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd.16 ..............................................................................................
Meikangchi (Nantong) Furniture Company Ltd. ........................................................................................................
Nanjing Nanmu Furniture Co., Ltd. ...........................................................................................................................
Po Ying Industrial Co. ................................................................................................................................................
Qingdao Beiyuan–Shengli Furniture Co., Ltd., Qingdao Beiyuan Industry Trading Co. Ltd. ...................................
Shenzhen Tiancheng Furniture Co., Ltd., Winbuild Industrial Ltd., Red Apple Furniture Co., Ltd. and Red Apple
Trading Co., Ltd. ....................................................................................................................................................
Shenyang Kunyu Wood Industry Co., Ltd. ................................................................................................................
Shenzhen Xingli Furniture Co., Ltd. ..........................................................................................................................
Tianjin First Wood Co., Ltd. .......................................................................................................................................
Union Friend International Trade Co., Ltd. ................................................................................................................
Winmost Enterprises Limited .....................................................................................................................................
Winny Overseas, Ltd. ................................................................................................................................................
Yangchen Hengli Co., Ltd. ........................................................................................................................................
Yichun Guangming Furniture Co., Ltd. ......................................................................................................................
Zhong Cheng Furniture Co., Ltd. ..............................................................................................................................
PRC–Wide Rate17 .....................................................................................................................................................
32.23
32.23
216.01
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
32.23
216.01
16 Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. is subject to the new shipper review, not the administrative review. Therefore, its dumping margin is unaffected by these second amended final results of the administrative review.
17 The PRC-Wide Rate is unaffected by these second amended final results of the administrative review.
mstockstill on PROD1PC66 with NOTICES
Notification of Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Disclosure
We will disclose the calculations
performed 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
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17:13 Mar 26, 2009
Jkt 217001
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries based
on the second amended final results.
For details on the assessment of
antidumping duties on all appropriate
entries, see Final Results.
Cash Deposit Requirements
The following cash deposit
requirements, pursuant to 751(a)(2)(C)
of the Act, will be effective retroactively
on any entries made on or after August
20, 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: (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.
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Fmt 4703
Sfmt 4703
These amended final results are
published in accordance with sections
751(h) and 777(i)(1) of the Act.
Dated: March 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–6902 Filed 3–26–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Manufacturing Extension Partnership
Advisory Board
AGENCY: National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of public meeting.
SUMMARY: Pursuant to the Federal
Advisory Committee Act, 5 U.S.C. app.,
notice is hereby given that the
Manufacturing Extension Partnership
(MEP) Advisory Board, National
Institute of Standards and Technology
(NIST), will meet Sunday, April 19,
2009, from 8:30 a.m. to 4 p.m. This
meeting is being held in conjunction
with MEP’s National Conference in
Orlando, Florida. The MEP Advisory
Board is composed of ten members
appointed by the Director of NIST who
were selected for their expertise in the
area of industrial extension and their
work on behalf of smaller
manufacturers. The Board was
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Agencies
[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Notices]
[Pages 13417-13419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6902]
[[Page 13417]]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-890
Second 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.
On January 28, 2009, the Department published amended final results in
the Federal Register. See Amended Final Results of Antidumping Duty
Administrative Review: Wooden Bedroom Furniture From the People's
Republic of China, 74 FR 4916 (January 28, 2009) (``First Amended Final
Results''). We are amending our First Amended Final 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''). These
corrections will also affect the dumping margins for the other
companies in the review to which a separate rate applies. Dumping
margins calculated with respect to the new shipper review concurrent
with this administrative review are unaffected by these amended final
results. See the ``Ministerial Error Memorandum for the Second Amended
Final Results of the 2006 Administrative Review of Wooden Bedroom
Furniture from the People's Republic China'' (``Ministerial Error
Memo''), dated March 20, 2009.
EFFECTIVE DATE: August 20, 2008.
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 February 12, 2009, American Furniture Manufacturers Committee
for Legal Trade and Vaughan-Bassett Furniture Company (``Petitioners'')
filed timely ministerial error allegations with respect to the
Department's antidumping duty margin calculation in the First Amended
Final Results. Teamway filed timely ministerial error allegations on
February 17, 2009. No other interested party filed comments, and no
interested party submitted rebuttal comments.
Scope of the Order
The product covered by the order is wooden bedroom furniture.
Wooden bedroom furniture is generally, but not exclusively, designed,
manufactured, and offered for sale in coordinated groups, or bedrooms,
in which all of the individual pieces are of approximately the same
style and approximately the same material and/or finish. The subject
merchandise is made substantially of wood products, including both
solid wood and also engineered wood products made from wood particles,
fibers, or other wooden materials such as plywood, oriented strand
board, particle board, and fiberboard, with or without wood veneers,
wood overlays, or laminates, with or without non-wood components or
trim such as metal, marble, leather, glass, plastic, or other resins,
and whether or not assembled, completed, or finished.
The subject merchandise includes the following items: (1) wooden
beds such as loft beds, bunk beds, and other beds; (2) wooden
headboards for beds (whether stand-alone or attached to side rails),
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night stands, dressers, commodes,
bureaus, mule chests, gentlemen's chests, bachelor's chests, lingerie
chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type
cabinets; (4) dressers with framed glass mirrors that are attached to,
incorporated in, sit on, or hang over the dresser; (5) chests-on-
chests,\1\ highboys,\2\ lowboys,\3\ chests of drawers,\4\ chests,\5\
door chests,\6\ chiffoniers,\7\ hutches,\8\ and armoires;\9\ (6) desks,
computer stands, filing cabinets, book cases, or writing tables that
are attached to or incorporated in the subject merchandise; and (7)
other bedroom furniture consistent with the above list.
---------------------------------------------------------------------------
\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
[[Page 13418]]
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.''
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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. See Wooden Bedroom
Furniture from the People's Republic of China: Final Results of
Changed Circumstances Review and Determination to Revoke Order in
Part, 74 FR 8506 (February 25, 2009).
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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 the Dare Group and Teamway
in the First Amended Final Results. Correction of these errors results
in a change to the Dare Group's and Teamway's final antidumping duty
margins. Additionally, the rate change for the 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
Ministerial Error Memo. The Ministerial Error Memo is on file in the
Central Records Unit, room 1117 in the main Department building.
Therefore, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), we are amending the First Amended 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 Second
Amended Final Results for the Dare Group,'' dated March 20, 2009, and
``Antidumping Duty Administrative Review: Wooden Bedroom Furniture from
the People's Republic of China: Analysis of the Second Amended Final
Results Margin Calculation for Teamway Furniture (Dong Guan) Ltd. and
Brittomart Incorporated,'' dated March 20, 2009. Listed below are the
revised weighted-average dumping margins resulting from these amended
final results:
Wooden Bedroom Furniture from the PRC
------------------------------------------------------------------------
Weighted-Average Margin
Exporter (Percent)
------------------------------------------------------------------------
Fujian Lianfu Forestry Co., Ltd., aka 39.46
Fujian Wonder Pacific Inc. (Dare Group)..
Fuzhou Huan Mei Furniture Co., Ltd. (Dare 39.46
Group)...................................
Jiangsu Dare Furniture Co., Ltd. (Dare 39.46
Group)...................................
Teamway Furniture (Dong Guan) Co. Ltd., 22.29
Brittomart Inc...........................
BNBM Co., Ltd. (aka Beijing New Material 32.23
Co., Ltd.)...............................
Classic Furniture Global Co., Ltd....... 32.23
Dalian Guangming Furniture Co., Ltd....... 32.23
Decca Furniture Ltd., aka Decca........... 32.23
Dong Guan Golden Fortune Houseware Co., 32.23
Ltd......................................
Dongguan Mingsheng Furniture Co., Ltd..... 32.23
Dongguan Yihaiwei Furniture Limited....... 32.23
Fortune Furniture Ltd. and its affiliate, 32.23
Dongguan Fortune Furniture Ltd...........
Gaomi Yatai Wooden Ware Co., Ltd., Team 32.23
Prospect International Ltd., Money Gain
International Co.........................
[[Page 13419]]
Guangming Group Wumahe Furniture Co., Ltd. 32.23
Inni Furniture............................ 32.23
Mei Jia Ju Furniture Industrial (Shenzhen) 216.01
Co. Ltd.\16\.............................
Meikangchi (Nantong) Furniture Company 32.23
Ltd......................................
Nanjing Nanmu Furniture Co., Ltd.......... 32.23
Po Ying Industrial Co..................... 32.23
Qingdao Beiyuan-Shengli Furniture Co., 32.23
Ltd., Qingdao Beiyuan Industry Trading
Co. Ltd..................................
Shenzhen Tiancheng Furniture Co., Ltd., 32.23
Winbuild Industrial Ltd., Red Apple
Furniture Co., Ltd. and Red Apple Trading
Co., Ltd.................................
Shenyang Kunyu Wood Industry Co., Ltd..... 32.23
Shenzhen Xingli Furniture Co., Ltd........ 32.23
Tianjin First Wood Co., Ltd............... 32.23
Union Friend International Trade Co., Ltd. 32.23
Winmost Enterprises Limited............... 32.23
Winny Overseas, Ltd....................... 32.23
Yangchen Hengli Co., Ltd.................. 32.23
Yichun Guangming Furniture Co., Ltd....... 32.23
Zhong Cheng Furniture Co., Ltd............ 32.23
PRC-Wide Rate\17\......................... 216.01
------------------------------------------------------------------------
\16\ Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. is subject to
the new shipper review, not the administrative review. Therefore, its
dumping margin is unaffected by these second amended final results of
the administrative review.
\17\ The PRC-Wide Rate is unaffected by these second 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 of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Disclosure
We will disclose the calculations performed 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 second amended final results. For
details on the assessment of antidumping duties on all appropriate
entries, see Final Results.
Cash Deposit Requirements
The following cash deposit requirements, pursuant to 751(a)(2)(C)
of the Act, will be effective retroactively on any entries made on or
after August 20, 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: (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: March 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-6902 Filed 3-26-09; 8:45 am]
BILLING CODE 3510-DS-S