Wooden Bedroom Furniture from the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 43096-43097 [E9-20625]

Download as PDF 43096 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a meeting of the South Carolina Advisory Committee (Committee) to the Commission will convene on Wednesday, September 2, 2009, at 9:30 a.m. and adjourn at 11 a.m. at the University of South Carolina School of Law, 701 Main Street, Columbia, South Carolina 29208. The purpose of the meeting is for the Committee to approve its report on equal education opportunity and plan activities for fiscal year 2010. Members of the public are entitled to submit written comments. The comments must be received in the regional office by September 30, 2009. The address is U.S. Commission on Civil Rights, 61 Forsyth St., SW., Suite 18T40, Atlanta, GA 30303. Persons wishing to e-mail their comments, or to present their comments verbally at the meeting, or who desire additional information should contact Peter Minarik, Regional Director, Southern Regional Office, at (404) 562–7000 or 800–877–8339 for individuals who are deaf, hearing impaired, and/or have speech disabilities or by e-mail to pminarik@usccr.gov. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting. Records generated from this meeting may be inspected and reproduced at the Southern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, http://www.usccr.gov, or to contact the Southern Regional Office at the above e-mail or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. jlentini on DSKJ8SOYB1PROD with NOTICES Dated in Washington, DC, August 12, 2009. Peter Minarik, Acting Chief, Regional Programs Coordination Unit. [FR Doc. E9–20516 Filed 8–25–09; 8:45 am] BILLING CODE 6335–01–P VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 DEPARTMENT OF COMMERCE International Trade Administration A–570–890 Wooden Bedroom Furniture from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 26, 2009. SUMMARY: The Department of Commerce (Department) has determined that two timely requests for new shipper reviews of the antidumping duty order on wooden bedroom furniture from the People’s Republic of China (PRC) meet the statutory and regulatory requirements for initiation. For one of the two new shipper reviews that the Department is initiating, the period of review (POR) is January 1, 2009, through June 30, 2009. For the other new shipper review where the shipment entered after the period January 1, 2009, through June 30, 2009, the Department is initiating and extending the POR by thirty days, pursuant to 19 CFR 351.214(f)(2)(ii). The POR for this new shipper review is January 1, 2009, through July 30, 2009. FOR FURTHER INFORMATION CONTACT: Howard Smith or Drew Jackson, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–5193 or (202) 482– 4406, respectively. SUPPLEMENTARY INFORMATION: Background The notice announcing the antidumping duty order on wooden bedroom furniture from the PRC was published on January 4, 2005. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture from the People’s Republic of China, 70 FR 329 (January 4, 2005). On July 31, 2009, 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 timely requests for new shipper reviews from Rise Furniture Co., Ltd. (Rise Furniture), and Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. (Zhejiang Tianyi). Rise Furniture and Zhejiang Tianyi certified that they are each the producer and exporter of the subject merchandise PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 upon which their respective request for a new shipper review was based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Rise Furniture and Zhejiang Tianyi certified that they did not export wooden bedroom furniture to the United States during the period of investigation (POI). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Rise Furniture and Zhejiang Tianyi certified that, since the initiation of the investigation, they have never been affiliated with any PRC exporter or producer who exported wooden bedroom furniture to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Rise Furniture and Zhejiang Tianyi, also certified that their export activities were not controlled by the central government of the PRC. In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Rise Furniture and Zhejiang Tianyi submitted documentation establishing the following: (1) the date on which Rise Furniture and Zhejiang Tianyi first shipped wooden bedroom furniture for export to the United States and the date on which the wooden bedroom furniture was first entered, or withdrawn from warehouse, for consumption;1 (2) the volume of their first shipment;2 and (3) the date of their first sale to an unaffiliated customer in the United States. The Department conducted U.S. Customs and Border Protection (CBP) database queries and confirmed that Rise Furniture’s and Zhejiang Tianyi’s shipments of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also confirmed by examining the CBP data that Zhejiang Tianyi’s entry was made during the POR specified by the Department’s regulations. When the sale of the subject merchandise occurs within the POR specified by the Department’s regulations but the entry occurs after the 1 Rise Furniture reported that its shipment of subject merchandise entered during the POR for this new shipper review (i.e., prior to July 1, 2009); however, the results of the Department’s query of CBP data indicate that the shipment entered shortly after the end of the POR. See Memorandum to the File through Abdelali Elouaradia, Director, AD/CVD Operations, Office 4: New Shipper Review of Wooden Bedroom Furniture, Placing CBP data on the record, dated concurrently with this notice. 2 Rise Furniture and Zhejiang Tianyi made no subsequent shipments to the United States. E:\FR\FM\26AUN1.SGM 26AUN1 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES POR, the specified POR may be extended unless it would be likely to prevent the completion of the review within the time limits set by the Department’s regulations. See 19 CFR 351.214(f)(2)(ii). Additionally, the preamble to the Department’s regulations states that both the entry and the sale should occur during the POR, and that under ‘‘appropriate’’ circumstances the Department has the flexibility to extend the POR. See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27319– 27320 (May 19, 1997). In this instance, Rise Furniture’s sale of subject merchandise was made during the POR specified by the Department’s regulations but the shipment entered within thirty days after the end of that POR. The Department finds that extending the POR to capture this entry would not prevent the completion of the review within the time limits set by the Department’s regulations. Therefore, the Department has extended the POR for the new shipper review of Rise Furniture by thirty days. See Memorandum to the File through Abdelali Elouaradia, Director, AD/CVD Operations, Office 4: New Shipper Review of Wooden Bedroom Furniture, Placing CBP data on the record, dated concurrently with this notice. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds that Rise Furniture and Zhejiang Tianyi meet the threshold requirements for initiation of new shipper reviews of their shipments of wooden bedroom furniture from the PRC. See Memorandum to the File through Abdelali Elouaradia, Director, AD/CVD Operations, Office 4: Initiation of AD New Shipper Review: Wooden Bedroom from the People’s Republic of China, and the attached New Shipper Initiation Checklists, dated concurrently with this notice. The POR for the new shipper review of Zhejiang Tianyi is January 1, 2009, through June 30, 2009. See 19 CFR 351.214(g)(1)(i)(B). As discussed above, the POR for the new shipper review of Rise Furniture is January 1, 2009, through July 30, 2009. The Department intends to issue the preliminary results of these reviews no later than 180 days from the date of initiation, and the final results of these reviews no later than 270 days from the date of initiation. See section 751(a)(2)(B)(iv) of the Act. It is the Department’s usual practice, in cases involving non–market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 country–wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Rise Furniture and Zhejiang Tianyi, which will include a separate rate section. The review of each exporter will proceed if the response provides sufficient indication that the exporter is not subject to either de jure or de facto government control with respect to its export of wooden bedroom furniture. We will instruct the CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Rise Furniture and Zhejiang Tianyi in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Rise Furniture and Zhejiang Tianyi certified that they both produce and export the subject merchandise, the sale of which is the basis for these new shipper review requests, we will apply the bonding privilege to each respondent only for subject merchandise which the respondent both produced and exported. Interested parties requiring access to proprietary information in these new shipper reviews should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: August 20, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–20625 Filed 8–25–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Institute of Standards and Technology Judges Panel of the Malcolm Baldrige National Quality Award AGENCY: National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of closed meeting. September 10, 2009. The Judges Panel is composed of twelve members prominent in the fields of quality, innovation, and performance excellence and appointed by the Secretary of Commerce. The purpose of this meeting is to review applicant consensus scores and select applicants for site visit review. The applications under review by Judges contain trade secrets and proprietary commercial information submitted to the Government in confidence. DATES: The meeting will convene September 10, 2009 at 8:15 a.m. and adjourn at 5 p.m. on September 10, 2009. The entire meeting will be closed. ADDRESSES: The meeting will be held at the National Institute of Standards and Technology, Administration Building, Lecture Room B, Gaithersburg, Maryland 20899. FOR FURTHER INFORMATION CONTACT: Dr. Harry Hertz, Director, Baldrige National Quality Program, National Institute of Standards and Technology, Gaithersburg, Maryland 20899, telephone number (301) 975–2361. The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on January 08, 2009, that the meeting of the Judges Panel will be closed pursuant to Section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. app. 2, as amended by Section 5(c) of the Government in the Sunshine Act, Public Law 94–409. The meeting, which involves examination of Award applicant data from U.S. companies and other organizations and a discussion of this data as compared to the Award criteria in order to recommend Award recipients, may be closed to the public in accordance with Section 552b(c)(4) of Title 5, United States Code, because the meetings are likely to disclose trade secrets and commercial or financial information obtained from a person which is privileged or confidential. SUPPLEMENTARY INFORMATION: Dated: August 19, 2009. Katharine Gebbie, Director, Physics Laboratory. [FR Doc. E9–20523 Filed 8–25–09; 8:45 am] BILLING CODE 3510–13–P SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Judges Panel of the Malcolm Baldrige National Quality Award will meet Thursday, PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 43097 E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43096-43097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20625]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-890


Wooden Bedroom Furniture from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Reviews

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

EFFECTIVE DATE: August 26, 2009.

SUMMARY: The Department of Commerce (Department) has determined that 
two timely requests for new shipper reviews of the antidumping duty 
order on wooden bedroom furniture from the People's Republic of China 
(PRC) meet the statutory and regulatory requirements for initiation. 
For one of the two new shipper reviews that the Department is 
initiating, the period of review (POR) is January 1, 2009, through June 
30, 2009. For the other new shipper review where the shipment entered 
after the period January 1, 2009, through June 30, 2009, the Department 
is initiating and extending the POR by thirty days, pursuant to 19 CFR 
351.214(f)(2)(ii). The POR for this new shipper review is January 1, 
2009, through July 30, 2009.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Drew Jackson, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5193 or (202) 482-4406, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on wooden bedroom 
furniture from the PRC was published on January 4, 2005. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Wooden Bedroom Furniture from the People's 
Republic of China, 70 FR 329 (January 4, 2005). On July 31, 2009, 
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 
timely requests for new shipper reviews from Rise Furniture Co., Ltd. 
(Rise Furniture), and Zhejiang Tianyi Scientific & Educational 
Equipment Co., Ltd. (Zhejiang Tianyi). Rise Furniture and Zhejiang 
Tianyi certified that they are each the producer and exporter of the 
subject merchandise upon which their respective request for a new 
shipper review was based.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Rise Furniture and Zhejiang Tianyi certified that 
they did not export wooden bedroom furniture to the United States 
during the period of investigation (POI). In addition, pursuant to 
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Rise Furniture and Zhejiang Tianyi certified 
that, since the initiation of the investigation, they have never been 
affiliated with any PRC exporter or producer who exported wooden 
bedroom furniture to the United States during the POI, including those 
not individually examined during the investigation. As required by 19 
CFR 351.214(b)(2)(iii)(B), Rise Furniture and Zhejiang Tianyi, also 
certified that their export activities were not controlled by the 
central government of the PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Rise Furniture and Zhejiang Tianyi submitted 
documentation establishing the following: (1) the date on which Rise 
Furniture and Zhejiang Tianyi first shipped wooden bedroom furniture 
for export to the United States and the date on which the wooden 
bedroom furniture was first entered, or withdrawn from warehouse, for 
consumption;\1\ (2) the volume of their first shipment;\2\ and (3) the 
date of their first sale to an unaffiliated customer in the United 
States.
---------------------------------------------------------------------------

    \1\ Rise Furniture reported that its shipment of subject 
merchandise entered during the POR for this new shipper review 
(i.e., prior to July 1, 2009); however, the results of the 
Department's query of CBP data indicate that the shipment entered 
shortly after the end of the POR. See Memorandum to the File through 
Abdelali Elouaradia, Director, AD/CVD Operations, Office 4: New 
Shipper Review of Wooden Bedroom Furniture, Placing CBP data on the 
record, dated concurrently with this notice.
    \2\ Rise Furniture and Zhejiang Tianyi made no subsequent 
shipments to the United States.
---------------------------------------------------------------------------

    The Department conducted U.S. Customs and Border Protection (CBP) 
database queries and confirmed that Rise Furniture's and Zhejiang 
Tianyi's shipments of subject merchandise had entered the United States 
for consumption and that liquidation of such entries had been properly 
suspended for antidumping duties. The Department also confirmed by 
examining the CBP data that Zhejiang Tianyi's entry was made during the 
POR specified by the Department's regulations.
    When the sale of the subject merchandise occurs within the POR 
specified by the Department's regulations but the entry occurs after 
the

[[Page 43097]]

POR, the specified POR may be extended unless it would be likely to 
prevent the completion of the review within the time limits set by the 
Department's regulations. See 19 CFR 351.214(f)(2)(ii). Additionally, 
the preamble to the Department's regulations states that both the entry 
and the sale should occur during the POR, and that under 
``appropriate'' circumstances the Department has the flexibility to 
extend the POR. See Antidumping Duties; Countervailing Duties; Final 
Rule, 62 FR 27296, 27319-27320 (May 19, 1997). In this instance, Rise 
Furniture's sale of subject merchandise was made during the POR 
specified by the Department's regulations but the shipment entered 
within thirty days after the end of that POR. The Department finds that 
extending the POR to capture this entry would not prevent the 
completion of the review within the time limits set by the Department's 
regulations. Therefore, the Department has extended the POR for the new 
shipper review of Rise Furniture by thirty days. See Memorandum to the 
File through Abdelali Elouaradia, Director, AD/CVD Operations, Office 
4: New Shipper Review of Wooden Bedroom Furniture, Placing CBP data on 
the record, dated concurrently with this notice.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that Rise Furniture and Zhejiang 
Tianyi meet the threshold requirements for initiation of new shipper 
reviews of their shipments of wooden bedroom furniture from the PRC. 
See Memorandum to the File through Abdelali Elouaradia, Director, AD/
CVD Operations, Office 4: Initiation of AD New Shipper Review: Wooden 
Bedroom from the People's Republic of China, and the attached New 
Shipper Initiation Checklists, dated concurrently with this notice.
    The POR for the new shipper review of Zhejiang Tianyi is January 1, 
2009, through June 30, 2009. See 19 CFR 351.214(g)(1)(i)(B). As 
discussed above, the POR for the new shipper review of Rise Furniture 
is January 1, 2009, through July 30, 2009. The Department intends to 
issue the preliminary results of these reviews no later than 180 days 
from the date of initiation, and the final results of these reviews no 
later than 270 days from the date of initiation. See section 
751(a)(2)(B)(iv) of the Act.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to Rise Furniture and Zhejiang Tianyi, which will 
include a separate rate section. The review of each exporter will 
proceed if the response provides sufficient indication that the 
exporter is not subject to either de jure or de facto government 
control with respect to its export of wooden bedroom furniture.
    We will instruct the CBP to allow, at the option of the importer, 
the posting, until the completion of the review, of a bond or security 
in lieu of a cash deposit for each entry of the subject merchandise 
from Rise Furniture and Zhejiang Tianyi in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Rise 
Furniture and Zhejiang Tianyi certified that they both produce and 
export the subject merchandise, the sale of which is the basis for 
these new shipper review requests, we will apply the bonding privilege 
to each respondent only for subject merchandise which the respondent 
both produced and exported.
    Interested parties requiring access to proprietary information in 
these new shipper reviews should submit applications for disclosure 
under administrative protective order in accordance with 19 CFR 351.305 
and 351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: August 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-20625 Filed 8-25-09; 8:45 am]
BILLING CODE 3510-DS-S