Wooden Bedroom Furniture from the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review, 9581-9586 [2010-4422]
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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices
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BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
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Wooden Bedroom Furniture from the
People’s Republic of China:
Preliminary Results of Antidumping
Duty New Shipper Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 3, 2010.
SUMMARY: On August 20, 2009, the
Department of Commerce
(‘‘Department’’) initiated a new shipper
review of the antidumping duty order
on wooden bedroom furniture from the
People’s Republic of China (‘‘PRC’’)
covering sales of subject merchandise
made by Zhejiang Tianyi Scientific &
Educational Equipment Co., Ltd.
(‘‘Zhejiang Tianyi’’) and Rise Furniture
Co., Ltd. (‘‘Rise Furniture’’).1 On
December 29, 2009, the Department
rescinded the new shipper review with
respect to Rise Furniture.2
1 See Wooden Bedroom Furniture from the
People’s Republic of China: Initiation of
Antidumping New Shipper Reviews, 74 FR 43096
(August 26, 2009) (‘‘Initiation Notice’’).
2 See Wooden Bedroom Furniture from the
People’s Republic of China: Rescission of
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The Department preliminary
determines that Zhejiang Tianyi has not
made sales at less than normal value
(‘‘NV’’). If these preliminary results are
adopted in our final results of review,
the Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on entries
of subject merchandise during the
period January 1, 2009 through June 30,
2009 (the period of review or POR), for
which the importer–specific assessment
rates are above de minimis.
FOR FURTHER INFORMATION CONTACT:
Howard Smith or Rebecca Pandolph,
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–
3627, respectively.
SUPPLEMENTARY INFORMATION: The notice
announcing the antidumping duty order
on wooden bedroom furniture from the
PRC was published on January 4, 2005.3
On July 31, 2009, the Department
received timely requests for new
shipper reviews from Rise Furniture and
Zhejiang Tianyi. On August 20, 2009,
the Department initiated new shipper
reviews of Rise Furniture and Zhejiang
Tianyi. See Initiation Notice.
On August 24, 2009, the Department
issued an antidumping duty
questionnaire to Rise Furniture and
Zhejiang Tianyi. On November 10, 2009,
Rise Furniture withdrew its request for
a new shipper review and, accordingly,
the Department rescinded the new
shipper review with respect to Rise
Furniture. From September 2009
through January 2010, the Department
received timely questionnaire and
supplemental questionnaire responses
from Zhejiang Tianyi.
On October 28, 2009, the Office of
Policy issued a memorandum
identifying six countries as being at a
level of economic development
comparable to the PRC for the instant
POR. The countries identified in that
memorandum are India, Indonesia, the
Philippines, Colombia, Thailand, and
Peru.4 On November 2, 2009, the
Department released the Policy
Memorandum to interested parties and
Antidumping Duty New Shipper Review, 75 FR 339
(January 5, 2010).
3 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).
4 See Memorandum entitled, ‘‘Request for a List
of Surrogate Countries for a New Shipper Review
of the Antidumping Duty Order on Wooden
Bedroom Furniture (‘‘WBF’’) from the People’s
Republic of China (‘‘PRC’’),’’ dated October 28, 2009
(‘‘Policy Memorandum’’).
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provided parties with an opportunity to
submit comments regarding the
selection of a surrogate country in the
instant review.5 On November 16, 2009,
the American Furniture Manufacturers
Committee for Legal Trade and
Vaughan–Bassett Furniture Company,
Inc. (collectively, ‘‘Petitioners’’)
provided publicly–available information
to value factors of production (‘‘FOP’’).6
On December 29, 2009, Zhejiang Tianyi
provided publicly–available data to
value its FOP.7
As explained in the memorandum
from the Deputy Assistant Secretary for
Import Administration, the Department
has exercised its discretion to toll
deadlines for the duration of the closure
of the Federal Government from
February 5, through February 12, 2010.
Thus, all deadlines in this segment of
the proceeding have been extended by
seven days. The revised deadline for the
preliminary results of this review is now
February 23, 2010. See Memorandum to
the Record from Ronald Lorentzen, DAS
for Import Administration, regarding
‘‘Tolling of Administrative Deadlines As
a Result of the Government Closure
During the Recent Snowstorm,’’ dated
February 12, 2010.
Period of Review
The POR for Zhejiang Tianyi is
January 1, 2009 through June 30, 2009.
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, strand board, particle
board, and fiberboard, with or without
wood veneers, wood overlays, or
laminates, with or without non–wood
5 See Letter from Howard Smith, Program
Manager, Office 4, to All Interested Parties, ‘‘2009
New Shipper Reviews of Wooden Bedroom
Furniture from the People’s Republic of China
(PRC),’’ dated November 2, 2009.
6 See Letter from Petitioners regarding, ‘‘Wooden
Bedroom Furniture From the People’s Republic of
China: Submission of Publicly Available
Information to Value the Factors of Production,’’
dated November 16, 2009 (‘‘Petitioners’ Surrogate
Value Submission’’).
7 See Letter from Zhejiang Tianyi regarding,
‘‘Wooden Bedroom Furniture From the People’s
Republic of China: Surrogate Value Data ,’’ dated
December 29, 2009 (‘‘Zhejiang Tianyi’s Surrogate
Value Submission’’).
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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,8
highboys,9 lowboys,10 chests of
drawers,11 chests,12 door chests,13
chiffoniers,14 hutches,15 and armoires;16
(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,
8 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.
9 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).
10 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
11 A chest of drawers is typically a case
containing drawers for storing clothing.
12 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.
13 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.
14 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
15 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
16 An armoire is typically a tall cabinet or
wardrobe (typically 50 inches or taller), with doors,
and with one or more drawers (either exterior below
or above the doors or interior behind the doors),
shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used
to hold television receivers and/or other audiovisual entertainment systems.
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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;17
(9) jewelry armories;18 (10) cheval
mirrors;19 (11) certain metal parts;20 (12)
mirrors that do not attach to,
incorporate in, sit on, or hang over a
dresser if they are not designed and
17 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.
18 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 feltlike 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: Final Changed Circumstances Review, and
Determination to Revoke Order in Part,71 FR 38621
(July 7, 2006).
19 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 line
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 Changed Circumstances
Review and Determination To Revoke Order in Part,
72 FR 948 (January 9, 2007).
20 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.
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marketed to be sold in conjunction with
a dresser as part of a dresser–mirror set;
(13) upholstered beds21 and (14) toy
boxes.22
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 WBF
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.
Bona Fide Sales Analysis
Consistent with the Department’s
practice, the Department investigated
the bona fide nature of the sales made
by Zhejiang Tianyi for this review. In
evaluating whether or not a single sale
in a new shipper review is
commercially reasonable, and therefore
bona fide, the Department considers,
inter alia, such factors as: (1) the timing
of the sale; (2) the price and quantity; (3)
21 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).
22 To be excluded the toy box must: (1) Be wider
than it is tall; (2) have dimensions within 16 inches
to 27 inches in height, 15 inches to 18 inches in
depth, and 21 inches to 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). Further, as determined in the scope ruling
memorandum ‘‘Wooden Bedroom Furniture from
the People’s Republic of China: Scope Ruling on a
White Toy Box,’’ dated July 6, 2009, the
dimensional ranges used to identify the toy boxes
that are excluded from the wooden bedroom
furniture order apply to the box itself rather than
the lid.
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the expenses arising from the
transaction; (4) whether the goods were
resold at a profit; and (5) whether the
transaction was made on an arm’s–
length basis. See, e.g., Tianjin
Tiancheng Pharmaceutical Co., Ltd. v.
United States, 366 F. Supp. 2d 1246,
1250 (CIT 2005). Accordingly, the
Department considers a number of
factors in its bona fide analysis, ‘‘all of
which may speak to the commercial
realities surrounding an alleged sale of
subject merchandise.’’ See Hebei New
Donghua Amino Acid Co., Ltd. v. United
States, 374 F. Supp. 2d 1333, 1342 (CIT
2005) (citing Fresh Garlic From the
People’s Republic of China: Final
Results of Antidumping Administrative
Review and Rescission of New Shipper
Review, 67 FR 11283 (March 13, 2002)).
The Department preliminarily finds
that the sale of subject merchandise
made by Zhejiang Tianyi was made on
a bona fide basis. Specifically, the
Department preliminarily finds that: (1)
the timing of the sale by itself does not
indicate that the sale might not be bona
fide; (2) the price and quantity of the
sale was within the range of the prices
and quantities of other entries of subject
merchandise from the PRC into the
United States; (3) Zhejiang Tianyi and
its customer(s) did not incur any
extraordinary expenses arising from the
transaction; (4) the new shipper sale
was made between unaffiliated parties
at arm’s length; and (5) the merchandise
was resold at a profit.23 Therefore, the
Department has preliminarily found that
Zhejiang Tianyi’s sale of subject
merchandise to the United States was
bona fide for purposes of this new
shipper review.
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Non–Market Economy Country Status
In every antidumping case conducted
by the Department involving the PRC,
the PRC has been treated as a non–
market economy (‘‘NME’’) country.24 In
accordance with section 771(18)(C)(i) of
the Tariff Act of 1930, as amended (the
‘‘Act’’), any determination that a foreign
country is an NME country shall remain
in effect until revoked by the
administering authority. None of the
parties to this proceeding has contested
such treatment. Accordingly, the
23 See Memorandum to Abdelali Elouaradia,
Director, AD/CVD Operations, Office 4, regarding,
‘‘Antidumping Duty New Shipper Review of
Wooden Bedroom Furniture from the People’s
Republic of China: Bona fide Sales Analysis for
Zhejiang Tianyi Scientific & Educational Equipment
Co., Ltd.,’’ dated February 23, 2010.
24 See, e.g., Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From the
People’s Republic of China: Preliminary Results of
2001-2002 Administrative Review and Partial
Rescission of Review, 68 FR 7500(February 14,
2003) (unchanged in the final results).
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Department calculated NV in
accordance with section 773(c) of the
Act, which applies to NME countries.
Separate Rates
In proceedings involving NME
countries, the Department has a
rebuttable presumption that all
companies within the country are
subject to government control and thus
should be assessed a single antidumping
duty rate. It is the Department’s policy
to assign all exporters of subject
merchandise in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate. Exporters can demonstrate
this independence through the absence
of both de jure and de facto government
control over export activities. The
Department analyzes each entity
exporting the subject merchandise
under a test arising from the Final
Determination of Sales at Less Than
Fair Value: Sparklers From the People’s
Republic of China, 56 FR 20588 (May 6,
1991) (‘‘Sparklers’’), as further developed
in Notice of Final Determination of
Sales at Less Than Fair Value: Silicon
Carbide From the People’s Republic of
China, 59 FR 22585, 22586–7 (May 2,
1994) (‘‘Silicon Carbide’’). However, if
the Department determines that a
company is wholly foreign–owned or
located in a market economy, then a
separate rate analysis is not necessary to
determine whether it is independent
from government control. See Notice of
Final Determination of Sales at Less
Than Fair Value: Creatine Monohydrate
From the People’s Republic of China, 64
FR 71104, 71104–05 (December 20,
1999) (where the respondent was
wholly foreign–owned and, thus,
qualified for a separate rate).
Zhejiang Tianyi is a wholly Chinese–
owned company and is located in the
PRC. Therefore, the Department has
analyzed whether it has demonstrated
the absence of both de jure and de facto
government control over its export
activities.
A. Absence of De Jure Control
The Department considers the
following de jure criteria in determining
whether an individual company may be
granted a separate rate: (1) an absence of
restrictive stipulations associated with
an individual exporter’s business and
export licenses; (2) legislative
enactments decentralizing control of
companies; and (3) other formal
measures by the government
decentralizing control of companies. See
Sparklers, 56 FR at 20589.
The evidence provided by Zhejiang
Tianyi supports a preliminary finding of
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de jure absence of government control
based on the following: (1) an absence
of restrictive stipulations associated
with Zhejiang Tianyi’s business and
export licenses; (2) applicable legislative
enactments decentralizing control over
PRC companies; and (3) formal
measures by the government
decentralizing control of PRC
companies.
B. Absence of De Facto Control
The Department considers four factors
in evaluating whether each respondent
is subject to de facto government control
of its export functions: (1) whether the
export prices are set by or are subject to
the approval of a government agency; (2)
whether the respondent has authority to
negotiate and sign contracts and other
agreements; (3) whether the respondent
has autonomy from the government in
making decisions regarding the
selection of management; and (4)
whether the respondent retains the
proceeds of its export sales and makes
independent decisions regarding
disposition of profits or financing of
losses. See Silicon Carbide, 59 FR at
22586–7; see also Notice of Final
Determination of Sales at Less Than
Fair Value: Furfuryl Alcohol From the
People’s Republic of China, 60 FR
22544, 22545 (May 8, 1995). The
Department has determined that an
analysis of de facto control is critical in
determining whether respondents are
subject to a degree of government
control which would preclude the
Department from assigning separate
rates.
The evidence provided by Zhejiang
Tianyi supports a preliminary finding of
de facto absence of government control
over its export activities based on the
following: (1) Zhejiang Tianyi sets its
own export prices independent of the
government and without the approval of
a government authority; (2) Zhejiang
Tianyi’s general manager has the
authority to negotiate and bind the
company in an agreement; (3) Zhejiang
Tianyi maintains autonomy from the
government in making decisions
regarding the selection of management;
and (4) Zhejiang Tianyi retains the
proceeds of its export sales and makes
independent decisions regarding
disposition of profits or financing of
losses.25
The evidence placed on the record by
Zhejiang Tianyi demonstrates an
absence of de jure and de facto
government control, in accordance with
the criteria identified in Sparklers and
Silicon Carbide. Accordingly, the
25 See
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Department has preliminarily granted a
separate rate to Zhejiang Tianyi.
Surrogate Country
When the Department conducts an
antidumping duty new shipper review
of imports from an NME country,
section 773(c)(1) of the Act directs the
Department to base NV, in most
circumstances, on the NME producer’s
FOP valued in a surrogate market–
economy country or countries
considered appropriate by the
Department. In accordance with section
773(c)(4) of the Act, the Department will
value FOP using ‘‘to the extent possible,
the prices or costs of factors of
production in one or more market
economy countries that are – (A) at a
level of economic development
comparable to that of the NME country,
and (B) significant producers of
comparable merchandise.’’ Further,
pursuant to 19 CFR 351.408(c)(2), the
Department will normally value all FOP
in a single country, except for labor.
In the instant review, the Department
identified India, Indonesia, the
Philippines, Colombia, Thailand, and
Peru as being at a level of economic
development comparable to the PRC.26
Neither Petitioners nor Zhejiang Tianyi
provided comments on the selection of
a surrogate country. However, both
parties submitted publicly–available
Philippine data for valuing Zhejiang
Tianyi’s FOP.27 On January 15, 2010,
the Department placed information
regarding the selection of a surrogate
country on the record.28
Based on the information on the
record, we find that the Philippines is
a significant producer of comparable
merchandise. Specifically, The
Furniture Industry in the Philippines
report indicates that in 2006, Philippine
manufacturers produced furniture
valued at $813 million and the
Philippines exported furniture valued at
$279 million.29 The State of the Sector
Report on Philippine Furniture 2006
indicates that wooden furniture has
replaced rattan as the most commonly
used material and accounted for 51% of
all Philippine furniture exports.30 In
addition, both The Furniture Industry in
the Philippines and State of the Sector
26 See
Policy Memorandum.
Petitioners’ Surrogate Value Submission
and Zhejiang Tianyi’s Surrogate Value Submission.
28 See Memorandum entitled, ‘‘2009 New Shipper
Review of the Antidumping Duty Order on Wooden
Bedroom Furniture from the People’s Republic of
China,’’ dated January 15, 2010.
29 See attachment to the memorandum entitled,
‘‘2009 New Shipper Review of the Antidumping
Duty Order on Wooden Bedroom Furniture from the
People’s Republic of China,’’ dated January 15,
2010.
30 See id.
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27 See
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Report on Philippine Furniture 2006
describes the furniture sector as
comprised of approximately 15,000
manufacturers and 800,000 workers.31
Thus, record evidence shows that the
Philippines is a significant producer of
merchandise that is comparable to the
merchandise under review.
With respect to data considerations in
selecting a surrogate country, both
Petitioners and Zhejiang Tianyi have
submitted publicly–available Philippine
data for valuing Zhejiang Tianyi’s FOP.
In addition, the Department used the
Philippines as the primary surrogate
country in the second and third
administrative reviews of this
proceeding.32 Therefore, based on its
experience, the Department finds that
the Philippines has, in the past,
provided reliable, publicly–available
data for valuing the FOP.
Thus, the Department has
preliminarily selected the Philippines as
the surrogate country because the record
shows that the Philippines is at a level
of economic development comparable to
that of the PRC and is a significant
producer of merchandise comparable to
subject merchandise. Moreover, the
record indicates that sufficient,
contemporaneous, public Philippine
data are readily–available.33
Accordingly, we have selected the
Philippines as the surrogate country
and, accordingly, have calculated NV
using Philippine prices to value
Zhejiang Tianyi’s FOP.34 In accordance
with 19 CFR 351.301(c)(3)(ii), interested
parties may submit publicly–available
information to value the FOP until 20
days after the date of publication of the
preliminary results.35
31 See
id.
Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
Preliminary Results of New Shipper Review and
Partial Rescission of Administrative Review, 73 FR
8273, 8277-78 (February 13, 2008) (unchanged in
the final results) and Wooden Bedroom Furniture
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative and
New Shipper Reviews and Partial Rescission of
Review, 74 FR 6372, 6376 (February 9, 2009)
(unchanged in the final results).
33 See Policy Bulletin at 4.
34 See Memorandum entitled, ‘‘2009 New Shipper
Review of Wooden Bedroom Furniture from the
People’s Republic of China: Surrogate Value
Memorandum for the Preliminary Results,’’ dated
February 23, 2010 (‘‘Factor Valuation
Memorandum’’)
35 In accordance with 19 CFR 351.301(c)(1), for
the final results of this new shipper review,
interested parties may submit factual information to
rebut, clarify, or correct factual information
submitted by an interested party less than ten days
before, on, or after, the applicable deadline for
submission of such factual information. However,
the Department notes that 19 CFR 351.301(c)(1)
permits new information only insofar as it rebuts,
clarifies, or corrects information placed on the
32 See
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Fair Value Comparisons
In accordance with section 777(A)(d)
of the Act, to determine whether
Zhejiang Tianyi sold wooden bedroom
furniture to the United States at less
than NV, the Department compared
Zhejiang Tianyi’s export price (‘‘EP’’) of
wooden bedroom furniture to the NV of
wooden bedroom furniture, as described
in the ‘‘Export Price,’’ and ‘‘Normal
Value’’ sections of this notice.
Export Price
In accordance with section 772(a) of
the Act, the Department considered the
U.S. prices of sales to the United States
made by Zhejiang Tianyi to be EPs
because the first sale to an unaffiliated
party was made before the date of
importation and the use of constructed
export price was not otherwise
warranted.
The Department calculated EP based
on the price to unaffiliated purchaser(s)
in the United States. The Department
deducted movement expenses from the
gross unit U.S. sales price in accordance
with section 772(c) of the Act. These
movement expenses include foreign
inland freight from the plant/warehouse
to the port of exit, and foreign brokerage
and handling. For a detailed description
of these adjustments, see the Zhejiang
Tianyi analysis memorandum entitled,
‘‘Wooden Bedroom Furniture from the
People’s Republic of China: Preliminary
Results Analysis Memorandum for
Zhejiang Tianyi Scientific & Educational
Equipment Co., Ltd.,’’ (‘‘Zhejiang Tianyi
Analysis Memorandum’’), dated
February 23, 2010.
Normal Value
Section 773(c)(1) of the Act provides
that the Department shall determine the
NV using an FOP methodology if: (1) the
merchandise is exported from an NME
country; and (2) the information does
not permit the calculation of NV using
home–market prices, third–country
prices, or constructed value under
section 773(e) of the Act. When
determining NV in an NME context, the
Department will base NV on FOP,
because the presence of government
controls on various aspects of these
economies renders price comparisons
and the calculation of production costs
invalid under our normal
methodologies. Under section 773(c)(3)
record. The Department generally will not accept
the submission of additional, previously absentfrom-the-record alternative surrogate value
information pursuant to 19 CFR 351.301(c)(1). See
Glycine from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review and Final Rescission, in Part, 72 FR 58809
(October 17, 2007) and accompanying Issues and
Decision Memorandum at Comment 2.
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices
of the Act, FOP include, but are not
limited to: (1) hours of labor required;
(2) quantities of raw materials
employed; (3) amounts of energy and
other utilities consumed; and (4)
representative capital costs. The
Department based NV on FOP reported
by Zhejiang Tianyi for materials, energy,
labor and packing.
In accordance with 19 CFR
351.408(c)(1), the Department will
normally use publicly–available
surrogates to value FOP, but when a
producer sources an input from a
market economy and pays for it in
market economy currency, the
Department will normally value the
factor using the actual price paid for the
input. However, when the Department
has reason to believe or suspect that
such prices may be distorted by
subsidies, the Department will disregard
the market economy purchase prices
and use surrogate values to determine
the NV.36 Where the facts developed in
either U.S. or third–country
countervailing duty findings include the
existence of subsidies that appear to be
used generally (in particular, broadly
available, non–industry specific export
subsidies), the Department will have
reason to believe or suspect that prices
of the inputs from the country granting
the subsidies may be subsidized.37
In avoiding the use of prices that may
be subsidized, the Department does not
conduct a formal investigation to ensure
that such prices are not subsidized, but
rather relies on information that is
generally available at the time of its
determination.38
Factor Valuations
In accordance with section 773(c) of
the Act, we calculated NV based on FOP
reported by Zhejiang Tianyi for the
POR. To calculate NV, the Department
multiplied the reported per–unit factor
quantities by publicly–available
Philippine surrogate values (except as
noted below). In selecting the surrogate
values, the Department considered the
quality, specificity, and
contemporaneity of the data. As
appropriate, the Department adjusted
input prices by including freight costs to
mstockstill on DSKH9S0YB1PROD with NOTICES
36 See
Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China; Final Results of 1998-1999
Administrative Review, Partial Rescission of
Review, and Determination Not To Revoke Order in
Part, 66 FR 1953 (January 10, 2001) (‘‘TRBs 19981999’’), and accompanying Issues and Decision
Memorandum at Comment 1.
37 See TRBs 1998-1999 at Comment 1; see also
China Nat’l. Machinery Imp. & Exp. Corp. v. United
States, 293 F. Supp. 2d 1334, 1338-39 (Ct. Int’l
Trade 2003).
38 See H.R. Rep. 100-576, at 590 (1988), reprinted
in 1988 U.S.C.C.A.N. 1547, 1623-24.
VerDate Nov<24>2008
16:08 Mar 02, 2010
Jkt 220001
make them delivered prices.
Specifically, the Department added to
Philippine import surrogate values a
surrogate freight cost using the shorter
of the reported distance from the
domestic supplier to the respondent’s
factory or the distance from the nearest
seaport to the respondent’s factory
where appropriate (i.e., where the sales
terms for the market–economy inputs
were not delivered to the factory). This
adjustment is in accordance with the
decision of the Federal Circuit in Sigma
Corp. v. United States, 117 F.3d 1401,
1407–08 (Fed. Cir. 1997).
We used import values for the POR
from the Philippines National Statistics
Office (‘‘Philippines NSO’’) reported in
U.S. dollars on a cost, insurance, and
freight basis to value the following
inputs: abrasive cloth, bolt, drawer
guide, glue, leg pad with nail, leveling
adjuster, nuts, paints, pine wood,
plywood, pull knob for drawer,
sandpaper, screw, staple, stopper,
washer, wooden pin, non–adjustable
wrench, and packing materials (i.e.,
corrugated paper, polyfoam, EPE sheet,
and adhesive tape). The Philippines
NSO is the only data source on the
record that provides data on a net
weight basis, which is the same basis as
reported by Zhejiang Tianyi in reporting
its FOP. For a detailed description of all
surrogate values used to value the
reported FOP, see Factor Valuation
Memorandum.
Where we could not obtain publicly–
available information contemporaneous
with the POR with which to value FOP,
we inflated (or deflated) the surrogate
values using the Philippine Wholesale
Price Index as published in the
International Financial Statistics of the
International Monetary Fund.
Consistent with 19 CFR 351.408(c)(3),
we valued labor using the PRC
regression–based wage rate as reported
on Import Administration’s home page,
Import Library, Expected Wages of
Selected NME Countries, revised in
December 2009, available at https://
ia.ita.doc.gov/wages/.
Because this regression–based wage rate
does not separate the labor rates into
different skill levels or types of labor,
we have applied the same wage rate to
all skill levels and types of labor
reported by the respondent. If the NME
wage rates are updated by the
Department prior to issuance of the final
results, we will use the updated wage
rate in the final results. See Factor
Valuation Memorandum.
We valued electricity using
contemporaneous Philippine data from
The Cost of Doing Business in
Camarines Sur, which is available at the
Philippine government’s website for the
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
9585
province: https://
www.camarinessur.gov.ph. This data
pertained only to industrial
consumption. See Factor Valuation
Memorandum.
We calculated the value of domestic
brokerage and handling using brokerage
fees on the website of the Republic of
the Philippines Tariff Commission,
https://www.tariffcommission.gov.ph/
cao01–2001.html.
We calculated the surrogate value for
truck freight using Philippine data from
two sources: 1) The Cost of Doing
Business in Camarines Sur, available at
the Philippine government’s website for
the province: https://
www.camarinessur.gov.ph; and 2) a
news article from the Manila Times
entitled ‘‘Government Mulls Cut in
Export Target.’’
We valued factory overhead, selling,
general, and administrative expenses
(‘‘SG&A’’), and profit, using the audited
financial statements for the fiscal year
ending December 31, 2008, from the
following producers: Tequesta
International Inc.; Insular Rattan and
Native Products Corp.; Horizon
International Manufacturing, Inc.;
Arkane International Corporation; and
Casa Cebuana Incorada, which are
Philippine producers of merchandise
identical to subject merchandise that
received no countervailable subsidies
and that earned a before–tax profit in
2008. From this information, we were
able to determine factory overhead as a
percentage of the total raw materials,
labor and energy (‘‘ML&E’’) costs; SG&A
as a percentage of ML&E plus overhead
(i.e., cost of manufacture); and the profit
rate as a percentage of the cost of
manufacture plus SG&A. For further
discussion, see Factor Valuation
Memorandum.
Currency Conversion
We made currency conversions into
U.S. dollars, in accordance with section
773A(a) of the Act, based on the
exchange rates in effect on the dates of
the U.S. sales as certified by the Federal
Reserve Bank.
Preliminary Results of Review
The Department preliminarily
determines that the following weighted–
average dumping margin exists for the
period January 1, 2009, through June 30,
2009:
Exporter
Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. ..
E:\FR\FM\03MRN1.SGM
03MRN1
Weighted–
average
margin
(percent)
0
9586
Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices
Disclosure
Cash Deposit Requirements
DEPARTMENT OF COMMERCE
The Department will disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b).
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for shipments of
subject merchandise from Zhejiang
Tianyi entered, or withdrawn from
warehouse, for consumption on or after
the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For
subject merchandise produced and
exported by Zhejiang Tianyi, the cash
deposit rate will be that established in
the final results of this review; (2) for
subject merchandise exported by
Zhejiang Tianyi but not produced by
Zhejiang Tianyi, the cash deposit rate
will continue to be the PRC–wide rate
of 216.01 percent; (3) for subject
merchandise produced by Zhejiang
Tianyi, and exported by any party but
itself, the cash deposit rate will be the
rate applicable to the exporter. If the
cash deposit rate calculated in the final
results is zero or de minimis, no cash
deposit will be required for those entries
of subject merchandise both produced
and exported by Zhejiang Tianyi. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
National Institute of Standards and
Technology
Public Comment
Interested parties may submit written
comments no later than 30 days after the
date of publication of these preliminary
results of review. See 19 CFR
351.309(c). Rebuttals to written
comments must be limited to the issues
raised in the written comments and may
be filed no later than five days after the
deadline for filing case briefs. See 19
CFR 351.309(d). Further, parties
submitting written comments and
rebuttal comments are requested to
provide the Department with an
additional copy of those comments on
diskette. Any interested party may
request a hearing within 30 days of
publication of these preliminary results.
See 19 CFR 351.310(c). If requested, a
hearing normally will be held two days
after the scheduled date for submission
of rebuttal comments. See 19 CFR
351.310(d). Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
The Department will issue the final
results of this new shipper review,
which will include the results of its
analysis of any issues raised in written
comments, within 90 days of the date on
which these preliminary results are
issued, in accordance with 19 CFR
351.214(i)(1), unless the time limit is
extended. See 19 CFR 351.214(i)(2).
mstockstill on DSKH9S0YB1PROD with NOTICES
Assessment Rates
Pursuant to 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. For
assessment purposes, the Department
will calculate importer–specific (or
customer) ad valorem duty assessment
rates based on the ratio of the total
amount of the dumping margins
calculated for the examined sales to the
total entered value of those same sales.
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review if any importer–specific
assessment rate calculated in the final
results of this review is above de
minimis. The Department intends to
issue assessment instructions to CBP 15
days after the date of publication of the
final results of review.
VerDate Nov<24>2008
16:08 Mar 02, 2010
Jkt 220001
Notification to Interested Parties
This notice serves as a 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 POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
The Department is issuing and
publishing this determination in
accordance with sections 751(a)(2)(B)
and 777(i) of the Act, and 19 CFR
351.214(h) and 351.221(b)(4).
Dated: February 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–4422 Filed 3–2–10; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
[Docket Number: 100217092–0110–01]
Solicitation of Participation In and
Public Meeting to Discuss Public
Safety 700 MHz Broadband
Demonstration Network
AGENCY: National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of solicitation of
participation.
SUMMARY: The National Institute of
Standards and Technology (NIST)
announces the building of a 700 MHz
Public Safety Broadband Demonstration
Network (Demonstration Network),
which will provide manufacturers and
first responders a location for early
deployment of their systems in a multivendor, neutral host environment.1
Emergency responders will see how
these broadband systems will function
and determine through hands-on
experience how these systems meet
their unique needs. This Notice of
Solicitation of Participation both seeks
Expressions of Interest from parties that
may be interested in participating in the
Demonstration Network and also
announces a project kick-off meeting for
all interested stakeholders.
DATES: Expressions of Interest in
participating in the program are due on
or before 5:00 pm Mountain Time, April
30, 2010. A kick-off informational
meeting will be held March 15, 2010,
via webinar over the Internet. The
registration deadline for participation in
the meeting is due by 5 p.m. Mountain
Time, March 12, 2010. Please see
registration instructions in the
SUPPLEMENTARY INFORMATION section of
this notice.
ADDRESSES: Expressions of Interest in
participating in the Demonstration
Network and registrations for the kickoff meeting should be sent to
700MHz@its.bldrdoc.gov. The webinar
details, meeting time and teleconference
bridge information will be e-mailed to
registrants prior to the event.
FOR FURTHER INFORMATION CONTACT: Emil
Olbrich, (303) 497–4950, e-mail:
700MHz@its.bldrdoc.gov. The mailing
address is 325 Broadway, Mail Stop
ITS.P, Boulder, CO, 80305.
SUPPLEMENTARY INFORMATION: Public
safety agencies have long struggled with
1 NIST Tech Beat (2009), Demonstration Network
Planned for Public Safety 700 MHz Broadband.
https://www.nist.gov/public_affairs/techbeat/
tb2009_1215.htm.
Frm 00015
Fmt 4703
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E:\FR\FM\03MRN1.SGM
03MRN1
]]>Agencies
[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Notices]
[Pages 9581-9586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4422]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture from the People's Republic of China:
Preliminary Results of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 3, 2010.
SUMMARY: On August 20, 2009, the Department of Commerce
(``Department'') initiated a new shipper review of the antidumping duty
order on wooden bedroom furniture from the People's Republic of China
(``PRC'') covering sales of subject merchandise made by Zhejiang Tianyi
Scientific & Educational Equipment Co., Ltd. (``Zhejiang Tianyi'') and
Rise Furniture Co., Ltd. (``Rise Furniture'').\1\ On December 29, 2009,
the Department rescinded the new shipper review with respect to Rise
Furniture.\2\
---------------------------------------------------------------------------
\1\ See Wooden Bedroom Furniture from the People's Republic of
China: Initiation of Antidumping New Shipper Reviews, 74 FR 43096
(August 26, 2009) (``Initiation Notice'').
\2\ See Wooden Bedroom Furniture from the People's Republic of
China: Rescission of Antidumping Duty New Shipper Review, 75 FR 339
(January 5, 2010).
---------------------------------------------------------------------------
The Department preliminary determines that Zhejiang Tianyi has not
made sales at less than normal value (``NV''). If these preliminary
results are adopted in our final results of review, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to assess
antidumping duties on entries of subject merchandise during the period
January 1, 2009 through June 30, 2009 (the period of review or POR),
for which the importer-specific assessment rates are above de minimis.
FOR FURTHER INFORMATION CONTACT: Howard Smith or Rebecca Pandolph, 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) 482-3627, respectively.
SUPPLEMENTARY INFORMATION: The notice announcing the antidumping duty
order on wooden bedroom furniture from the PRC was published on January
4, 2005.\3\ On July 31, 2009, the Department received timely requests
for new shipper reviews from Rise Furniture and Zhejiang Tianyi. On
August 20, 2009, the Department initiated new shipper reviews of Rise
Furniture and Zhejiang Tianyi. See Initiation Notice.
---------------------------------------------------------------------------
\3\ 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 August 24, 2009, the Department issued an antidumping duty
questionnaire to Rise Furniture and Zhejiang Tianyi. On November 10,
2009, Rise Furniture withdrew its request for a new shipper review and,
accordingly, the Department rescinded the new shipper review with
respect to Rise Furniture. From September 2009 through January 2010,
the Department received timely questionnaire and supplemental
questionnaire responses from Zhejiang Tianyi.
On October 28, 2009, the Office of Policy issued a memorandum
identifying six countries as being at a level of economic development
comparable to the PRC for the instant POR. The countries identified in
that memorandum are India, Indonesia, the Philippines, Colombia,
Thailand, and Peru.\4\ On November 2, 2009, the Department released the
Policy Memorandum to interested parties and provided parties with an
opportunity to submit comments regarding the selection of a surrogate
country in the instant review.\5\ On November 16, 2009, the American
Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett
Furniture Company, Inc. (collectively, ``Petitioners'') provided
publicly-available information to value factors of production
(``FOP'').\6\ On December 29, 2009, Zhejiang Tianyi provided publicly-
available data to value its FOP.\7\
---------------------------------------------------------------------------
\4\ See Memorandum entitled, ``Request for a List of Surrogate
Countries for a New Shipper Review of the Antidumping Duty Order on
Wooden Bedroom Furniture (``WBF'') from the People's Republic of
China (``PRC''),'' dated October 28, 2009 (``Policy Memorandum'').
\5\ See Letter from Howard Smith, Program Manager, Office 4, to
All Interested Parties, ``2009 New Shipper Reviews of Wooden Bedroom
Furniture from the People's Republic of China (PRC),'' dated
November 2, 2009.
\6\ See Letter from Petitioners regarding, ``Wooden Bedroom
Furniture From the People's Republic of China: Submission of
Publicly Available Information to Value the Factors of Production,''
dated November 16, 2009 (``Petitioners' Surrogate Value
Submission'').
\7\ See Letter from Zhejiang Tianyi regarding, ``Wooden Bedroom
Furniture From the People's Republic of China: Surrogate Value Data
,'' dated December 29, 2009 (``Zhejiang Tianyi's Surrogate Value
Submission'').
---------------------------------------------------------------------------
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding have been extended by seven
days. The revised deadline for the preliminary results of this review
is now February 23, 2010. See Memorandum to the Record from Ronald
Lorentzen, DAS for Import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure During
the Recent Snowstorm,'' dated February 12, 2010.
Period of Review
The POR for Zhejiang Tianyi is January 1, 2009 through June 30,
2009.
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, strand board,
particle board, and fiberboard, with or without wood veneers, wood
overlays, or laminates, with or without non-wood
[[Page 9582]]
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,\8\ highboys,\9\ lowboys,\10\ chests of drawers,\11\ chests,\12\
door chests,\13\ chiffoniers,\14\ hutches,\15\ and armoires;\16\ (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.
---------------------------------------------------------------------------
\8\ 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.
\9\ 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).
\10\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\11\ A chest of drawers is typically a case containing drawers
for storing clothing.
\12\ 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.
\13\ 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.
\14\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\15\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\16\ An armoire is typically a tall cabinet or wardrobe
(typically 50 inches or taller), with doors, and with one or more
drawers (either exterior below or above the doors or interior behind
the doors), shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used to hold
television receivers and/or other audio-visual entertainment
systems.
---------------------------------------------------------------------------
The scope of the order excludes the following items: (1) seats,
chairs, benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or
rattan; (7) side rails for beds made of metal if sold separately from
the headboard and footboard; (8) bedroom furniture in which bentwood
parts predominate;\17\ (9) jewelry armories;\18\ (10) cheval
mirrors;\19\ (11) certain metal parts;\20\ (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\21\ and (14) toy
boxes.\22\
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\17\ 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.
\18\ 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: Final Changed
Circumstances Review, and Determination to Revoke Order in Part,71
FR 38621 (July 7, 2006).
\19\ 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 line 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 Changed Circumstances Review and Determination To Revoke Order
in Part, 72 FR 948 (January 9, 2007).
\20\ 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.
\21\ 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).
\22\ To be excluded the toy box must: (1) Be wider than it is
tall; (2) have dimensions within 16 inches to 27 inches in height,
15 inches to 18 inches in depth, and 21 inches to 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). Further, as determined in the scope ruling memorandum
``Wooden Bedroom Furniture from the People's Republic of China:
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the
dimensional ranges used to identify the toy boxes that are excluded
from the wooden bedroom furniture order apply to the box itself
rather than the lid.
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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 WBF 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.
Bona Fide Sales Analysis
Consistent with the Department's practice, the Department
investigated the bona fide nature of the sales made by Zhejiang Tianyi
for this review. In evaluating whether or not a single sale in a new
shipper review is commercially reasonable, and therefore bona fide, the
Department considers, inter alia, such factors as: (1) the timing of
the sale; (2) the price and quantity; (3)
[[Page 9583]]
the expenses arising from the transaction; (4) whether the goods were
resold at a profit; and (5) whether the transaction was made on an
arm's-length basis. See, e.g., Tianjin Tiancheng Pharmaceutical Co.,
Ltd. v. United States, 366 F. Supp. 2d 1246, 1250 (CIT 2005).
Accordingly, the Department considers a number of factors in its bona
fide analysis, ``all of which may speak to the commercial realities
surrounding an alleged sale of subject merchandise.'' See Hebei New
Donghua Amino Acid Co., Ltd. v. United States, 374 F. Supp. 2d 1333,
1342 (CIT 2005) (citing Fresh Garlic From the People's Republic of
China: Final Results of Antidumping Administrative Review and
Rescission of New Shipper Review, 67 FR 11283 (March 13, 2002)).
The Department preliminarily finds that the sale of subject
merchandise made by Zhejiang Tianyi was made on a bona fide basis.
Specifically, the Department preliminarily finds that: (1) the timing
of the sale by itself does not indicate that the sale might not be bona
fide; (2) the price and quantity of the sale was within the range of
the prices and quantities of other entries of subject merchandise from
the PRC into the United States; (3) Zhejiang Tianyi and its customer(s)
did not incur any extraordinary expenses arising from the transaction;
(4) the new shipper sale was made between unaffiliated parties at arm's
length; and (5) the merchandise was resold at a profit.\23\ Therefore,
the Department has preliminarily found that Zhejiang Tianyi's sale of
subject merchandise to the United States was bona fide for purposes of
this new shipper review.
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\23\ See Memorandum to Abdelali Elouaradia, Director, AD/CVD
Operations, Office 4, regarding, ``Antidumping Duty New Shipper
Review of Wooden Bedroom Furniture from the People's Republic of
China: Bona fide Sales Analysis for Zhejiang Tianyi Scientific &
Educational Equipment Co., Ltd.,'' dated February 23, 2010.
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Non-Market Economy Country Status
In every antidumping case conducted by the Department involving the
PRC, the PRC has been treated as a non-market economy (``NME'')
country.\24\ In accordance with section 771(18)(C)(i) of the Tariff Act
of 1930, as amended (the ``Act''), any determination that a foreign
country is an NME country shall remain in effect until revoked by the
administering authority. None of the parties to this proceeding has
contested such treatment. Accordingly, the Department calculated NV in
accordance with section 773(c) of the Act, which applies to NME
countries.
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\24\ See, e.g., Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People's Republic of China:
Preliminary Results of 2001-2002 Administrative Review and Partial
Rescission of Review, 68 FR 7500(February 14, 2003) (unchanged in
the final results).
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Separate Rates
In proceedings involving NME countries, the Department has a
rebuttable presumption that all companies within the country are
subject to government control and thus should be assessed a single
antidumping duty rate. It is the Department's policy to assign all
exporters of subject merchandise in an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate. Exporters can demonstrate this
independence through the absence of both de jure and de facto
government control over export activities. The Department analyzes each
entity exporting the subject merchandise under a test arising from the
Final Determination of Sales at Less Than Fair Value: Sparklers From
the People's Republic of China, 56 FR 20588 (May 6, 1991)
(``Sparklers''), as further developed in Notice of Final Determination
of Sales at Less Than Fair Value: Silicon Carbide From the People's
Republic of China, 59 FR 22585, 22586-7 (May 2, 1994) (``Silicon
Carbide''). However, if the Department determines that a company is
wholly foreign-owned or located in a market economy, then a separate
rate analysis is not necessary to determine whether it is independent
from government control. See Notice of Final Determination of Sales at
Less Than Fair Value: Creatine Monohydrate From the People's Republic
of China, 64 FR 71104, 71104-05 (December 20, 1999) (where the
respondent was wholly foreign-owned and, thus, qualified for a separate
rate).
Zhejiang Tianyi is a wholly Chinese-owned company and is located in
the PRC. Therefore, the Department has analyzed whether it has
demonstrated the absence of both de jure and de facto government
control over its export activities.
A. Absence of De Jure Control
The Department considers the following de jure criteria in
determining whether an individual company may be granted a separate
rate: (1) an absence of restrictive stipulations associated with an
individual exporter's business and export licenses; (2) legislative
enactments decentralizing control of companies; and (3) other formal
measures by the government decentralizing control of companies. See
Sparklers, 56 FR at 20589.
The evidence provided by Zhejiang Tianyi supports a preliminary
finding of de jure absence of government control based on the
following: (1) an absence of restrictive stipulations associated with
Zhejiang Tianyi's business and export licenses; (2) applicable
legislative enactments decentralizing control over PRC companies; and
(3) formal measures by the government decentralizing control of PRC
companies.
B. Absence of De Facto Control
The Department considers four factors in evaluating whether each
respondent is subject to de facto government control of its export
functions: (1) whether the export prices are set by or are subject to
the approval of a government agency; (2) whether the respondent has
authority to negotiate and sign contracts and other agreements; (3)
whether the respondent has autonomy from the government in making
decisions regarding the selection of management; and (4) whether the
respondent retains the proceeds of its export sales and makes
independent decisions regarding disposition of profits or financing of
losses. See Silicon Carbide, 59 FR at 22586-7; see also Notice of Final
Determination of Sales at Less Than Fair Value: Furfuryl Alcohol From
the People's Republic of China, 60 FR 22544, 22545 (May 8, 1995). The
Department has determined that an analysis of de facto control is
critical in determining whether respondents are subject to a degree of
government control which would preclude the Department from assigning
separate rates.
The evidence provided by Zhejiang Tianyi supports a preliminary
finding of de facto absence of government control over its export
activities based on the following: (1) Zhejiang Tianyi sets its own
export prices independent of the government and without the approval of
a government authority; (2) Zhejiang Tianyi's general manager has the
authority to negotiate and bind the company in an agreement; (3)
Zhejiang Tianyi maintains autonomy from the government in making
decisions regarding the selection of management; and (4) Zhejiang
Tianyi retains the proceeds of its export sales and makes independent
decisions regarding disposition of profits or financing of losses.\25\
---------------------------------------------------------------------------
\25\ See Section A response at 11-16.
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The evidence placed on the record by Zhejiang Tianyi demonstrates
an absence of de jure and de facto government control, in accordance
with the criteria identified in Sparklers and Silicon Carbide.
Accordingly, the
[[Page 9584]]
Department has preliminarily granted a separate rate to Zhejiang
Tianyi.
Surrogate Country
When the Department conducts an antidumping duty new shipper review
of imports from an NME country, section 773(c)(1) of the Act directs
the Department to base NV, in most circumstances, on the NME producer's
FOP valued in a surrogate market-economy country or countries
considered appropriate by the Department. In accordance with section
773(c)(4) of the Act, the Department will value FOP using ``to the
extent possible, the prices or costs of factors of production in one or
more market economy countries that are - (A) at a level of economic
development comparable to that of the NME country, and (B) significant
producers of comparable merchandise.'' Further, pursuant to 19 CFR
351.408(c)(2), the Department will normally value all FOP in a single
country, except for labor.
In the instant review, the Department identified India, Indonesia,
the Philippines, Colombia, Thailand, and Peru as being at a level of
economic development comparable to the PRC.\26\ Neither Petitioners nor
Zhejiang Tianyi provided comments on the selection of a surrogate
country. However, both parties submitted publicly-available Philippine
data for valuing Zhejiang Tianyi's FOP.\27\ On January 15, 2010, the
Department placed information regarding the selection of a surrogate
country on the record.\28\
---------------------------------------------------------------------------
\26\ See Policy Memorandum.
\27\ See Petitioners' Surrogate Value Submission and Zhejiang
Tianyi's Surrogate Value Submission.
\28\ See Memorandum entitled, ``2009 New Shipper Review of the
Antidumping Duty Order on Wooden Bedroom Furniture from the People's
Republic of China,'' dated January 15, 2010.
---------------------------------------------------------------------------
Based on the information on the record, we find that the
Philippines is a significant producer of comparable merchandise.
Specifically, The Furniture Industry in the Philippines report
indicates that in 2006, Philippine manufacturers produced furniture
valued at $813 million and the Philippines exported furniture valued at
$279 million.\29\ The State of the Sector Report on Philippine
Furniture 2006 indicates that wooden furniture has replaced rattan as
the most commonly used material and accounted for 51[percnt] of all
Philippine furniture exports.\30\ In addition, both The Furniture
Industry in the Philippines and State of the Sector Report on
Philippine Furniture 2006 describes the furniture sector as comprised
of approximately 15,000 manufacturers and 800,000 workers.\31\ Thus,
record evidence shows that the Philippines is a significant producer of
merchandise that is comparable to the merchandise under review.
---------------------------------------------------------------------------
\29\ See attachment to the memorandum entitled, ``2009 New
Shipper Review of the Antidumping Duty Order on Wooden Bedroom
Furniture from the People's Republic of China,'' dated January 15,
2010.
\30\ See id.
\31\ See id.
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With respect to data considerations in selecting a surrogate
country, both Petitioners and Zhejiang Tianyi have submitted publicly-
available Philippine data for valuing Zhejiang Tianyi's FOP. In
addition, the Department used the Philippines as the primary surrogate
country in the second and third administrative reviews of this
proceeding.\32\ Therefore, based on its experience, the Department
finds that the Philippines has, in the past, provided reliable,
publicly-available data for valuing the FOP.
---------------------------------------------------------------------------
\32\ See Wooden Bedroom Furniture From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, Preliminary Results of New Shipper Review and Partial
Rescission of Administrative Review, 73 FR 8273, 8277-78 (February
13, 2008) (unchanged in the final results) and Wooden Bedroom
Furniture From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative and New Shipper Reviews and
Partial Rescission of Review, 74 FR 6372, 6376 (February 9, 2009)
(unchanged in the final results).
---------------------------------------------------------------------------
Thus, the Department has preliminarily selected the Philippines as
the surrogate country because the record shows that the Philippines is
at a level of economic development comparable to that of the PRC and is
a significant producer of merchandise comparable to subject
merchandise. Moreover, the record indicates that sufficient,
contemporaneous, public Philippine data are readily-available.\33\
Accordingly, we have selected the Philippines as the surrogate country
and, accordingly, have calculated NV using Philippine prices to value
Zhejiang Tianyi's FOP.\34\ In accordance with 19 CFR 351.301(c)(3)(ii),
interested parties may submit publicly-available information to value
the FOP until 20 days after the date of publication of the preliminary
results.\35\
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\33\ See Policy Bulletin at 4.
\34\ See Memorandum entitled, ``2009 New Shipper Review of
Wooden Bedroom Furniture from the People's Republic of China:
Surrogate Value Memorandum for the Preliminary Results,'' dated
February 23, 2010 (``Factor Valuation Memorandum'')
\35\ In accordance with 19 CFR 351.301(c)(1), for the final
results of this new shipper review, interested parties may submit
factual information to rebut, clarify, or correct factual
information submitted by an interested party less than ten days
before, on, or after, the applicable deadline for submission of such
factual information. However, the Department notes that 19 CFR
351.301(c)(1) permits new information only insofar as it rebuts,
clarifies, or corrects information placed on the record. The
Department generally will not accept the submission of additional,
previously absent-from-the-record alternative surrogate value
information pursuant to 19 CFR 351.301(c)(1). See Glycine from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in Part, 72 FR 58809
(October 17, 2007) and accompanying Issues and Decision Memorandum
at Comment 2.
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Fair Value Comparisons
In accordance with section 777(A)(d) of the Act, to determine
whether Zhejiang Tianyi sold wooden bedroom furniture to the United
States at less than NV, the Department compared Zhejiang Tianyi's
export price (``EP'') of wooden bedroom furniture to the NV of wooden
bedroom furniture, as described in the ``Export Price,'' and ``Normal
Value'' sections of this notice.
Export Price
In accordance with section 772(a) of the Act, the Department
considered the U.S. prices of sales to the United States made by
Zhejiang Tianyi to be EPs because the first sale to an unaffiliated
party was made before the date of importation and the use of
constructed export price was not otherwise warranted.
The Department calculated EP based on the price to unaffiliated
purchaser(s) in the United States. The Department deducted movement
expenses from the gross unit U.S. sales price in accordance with
section 772(c) of the Act. These movement expenses include foreign
inland freight from the plant/warehouse to the port of exit, and
foreign brokerage and handling. For a detailed description of these
adjustments, see the Zhejiang Tianyi analysis memorandum entitled,
``Wooden Bedroom Furniture from the People's Republic of China:
Preliminary Results Analysis Memorandum for Zhejiang Tianyi Scientific
& Educational Equipment Co., Ltd.,'' (``Zhejiang Tianyi Analysis
Memorandum''), dated February 23, 2010.
Normal Value
Section 773(c)(1) of the Act provides that the Department shall
determine the NV using an FOP methodology if: (1) the merchandise is
exported from an NME country; and (2) the information does not permit
the calculation of NV using home-market prices, third-country prices,
or constructed value under section 773(e) of the Act. When determining
NV in an NME context, the Department will base NV on FOP, because the
presence of government controls on various aspects of these economies
renders price comparisons and the calculation of production costs
invalid under our normal methodologies. Under section 773(c)(3)
[[Page 9585]]
of the Act, FOP include, but are not limited to: (1) hours of labor
required; (2) quantities of raw materials employed; (3) amounts of
energy and other utilities consumed; and (4) representative capital
costs. The Department based NV on FOP reported by Zhejiang Tianyi for
materials, energy, labor and packing.
In accordance with 19 CFR 351.408(c)(1), the Department will
normally use publicly-available surrogates to value FOP, but when a
producer sources an input from a market economy and pays for it in
market economy currency, the Department will normally value the factor
using the actual price paid for the input. However, when the Department
has reason to believe or suspect that such prices may be distorted by
subsidies, the Department will disregard the market economy purchase
prices and use surrogate values to determine the NV.\36\ Where the
facts developed in either U.S. or third-country countervailing duty
findings include the existence of subsidies that appear to be used
generally (in particular, broadly available, non-industry specific
export subsidies), the Department will have reason to believe or
suspect that prices of the inputs from the country granting the
subsidies may be subsidized.\37\
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\36\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China; Final Results of
1998-1999 Administrative Review, Partial Rescission of Review, and
Determination Not To Revoke Order in Part, 66 FR 1953 (January 10,
2001) (``TRBs 1998-1999''), and accompanying Issues and Decision
Memorandum at Comment 1.
\37\ See TRBs 1998-1999 at Comment 1; see also China Nat'l.
Machinery Imp. & Exp. Corp. v. United States, 293 F. Supp. 2d 1334,
1338-39 (Ct. Int'l Trade 2003).
---------------------------------------------------------------------------
In avoiding the use of prices that may be subsidized, the
Department does not conduct a formal investigation to ensure that such
prices are not subsidized, but rather relies on information that is
generally available at the time of its determination.\38\
---------------------------------------------------------------------------
\38\ See H.R. Rep. 100-576, at 590 (1988), reprinted in 1988
U.S.C.C.A.N. 1547, 1623-24.
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Factor Valuations
In accordance with section 773(c) of the Act, we calculated NV
based on FOP reported by Zhejiang Tianyi for the POR. To calculate NV,
the Department multiplied the reported per-unit factor quantities by
publicly-available Philippine surrogate values (except as noted below).
In selecting the surrogate values, the Department considered the
quality, specificity, and contemporaneity of the data. As appropriate,
the Department adjusted input prices by including freight costs to make
them delivered prices. Specifically, the Department added to Philippine
import surrogate values a surrogate freight cost using the shorter of
the reported distance from the domestic supplier to the respondent's
factory or the distance from the nearest seaport to the respondent's
factory where appropriate (i.e., where the sales terms for the market-
economy inputs were not delivered to the factory). This adjustment is
in accordance with the decision of the Federal Circuit in Sigma Corp.
v. United States, 117 F.3d 1401, 1407-08 (Fed. Cir. 1997).
We used import values for the POR from the Philippines National
Statistics Office (``Philippines NSO'') reported in U.S. dollars on a
cost, insurance, and freight basis to value the following inputs:
abrasive cloth, bolt, drawer guide, glue, leg pad with nail, leveling
adjuster, nuts, paints, pine wood, plywood, pull knob for drawer,
sandpaper, screw, staple, stopper, washer, wooden pin, non-adjustable
wrench, and packing materials (i.e., corrugated paper, polyfoam, EPE
sheet, and adhesive tape). The Philippines NSO is the only data source
on the record that provides data on a net weight basis, which is the
same basis as reported by Zhejiang Tianyi in reporting its FOP. For a
detailed description of all surrogate values used to value the reported
FOP, see Factor Valuation Memorandum.
Where we could not obtain publicly-available information
contemporaneous with the POR with which to value FOP, we inflated (or
deflated) the surrogate values using the Philippine Wholesale Price
Index as published in the International Financial Statistics of the
International Monetary Fund.
Consistent with 19 CFR 351.408(c)(3), we valued labor using the PRC
regression-based wage rate as reported on Import Administration's home
page, Import Library, Expected Wages of Selected NME Countries, revised
in December 2009, available at https://ia.ita.doc.gov/wages/.
Because this regression-based wage rate does not separate the labor
rates into different skill levels or types of labor, we have applied
the same wage rate to all skill levels and types of labor reported by
the respondent. If the NME wage rates are updated by the Department
prior to issuance of the final results, we will use the updated wage
rate in the final results. See Factor Valuation Memorandum.
We valued electricity using contemporaneous Philippine data from
The Cost of Doing Business in Camarines Sur, which is available at the
Philippine government's website for the province: https://www.camarinessur.gov.ph. This data pertained only to industrial
consumption. See Factor Valuation Memorandum.
We calculated the value of domestic brokerage and handling using
brokerage fees on the website of the Republic of the Philippines Tariff
Commission, https://www.tariffcommission.gov.ph/cao01-2001.html.
We calculated the surrogate value for truck freight using
Philippine data from two sources: 1) The Cost of Doing Business in
Camarines Sur, available at the Philippine government's website for the
province: https://www.camarinessur.gov.ph; and 2) a news article from
the Manila Times entitled ``Government Mulls Cut in Export Target.''
We valued factory overhead, selling, general, and administrative
expenses (``SG&A''), and profit, using the audited financial statements
for the fiscal year ending December 31, 2008, from the following
producers: Tequesta International Inc.; Insular Rattan and Native
Products Corp.; Horizon International Manufacturing, Inc.; Arkane
International Corporation; and Casa Cebuana Incorada, which are
Philippine producers of merchandise identical to subject merchandise
that received no countervailable subsidies and that earned a before-tax
profit in 2008. From this information, we were able to determine
factory overhead as a percentage of the total raw materials, labor and
energy (``ML&E'') costs; SG&A as a percentage of ML&E plus overhead
(i.e., cost of manufacture); and the profit rate as a percentage of the
cost of manufacture plus SG&A. For further discussion, see Factor
Valuation Memorandum.
Currency Conversion
We made currency conversions into U.S. dollars, in accordance with
section 773A(a) of the Act, based on the exchange rates in effect on
the dates of the U.S. sales as certified by the Federal Reserve Bank.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists for the period January 1, 2009,
through June 30, 2009:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
Zhejiang Tianyi Scientific & Educational Equipment Co., 0
Ltd...................................................
------------------------------------------------------------------------
[[Page 9586]]
Disclosure
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Public Comment
Interested parties may submit written comments no later than 30
days after the date of publication of these preliminary results of
review. See 19 CFR 351.309(c). Rebuttals to written comments must be
limited to the issues raised in the written comments and may be filed
no later than five days after the deadline for filing case briefs. See
19 CFR 351.309(d). Further, parties submitting written comments and
rebuttal comments are requested to provide the Department with an
additional copy of those comments on diskette. Any interested party may
request a hearing within 30 days of publication of these preliminary
results. See 19 CFR 351.310(c). If requested, a hearing normally will
be held two days after the scheduled date for submission of rebuttal
comments. See 19 CFR 351.310(d). Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
The Department will issue the final results of this new shipper
review, which will include the results of its analysis of any issues
raised in written comments, within 90 days of the date on which these
preliminary results are issued, in accordance with 19 CFR
351.214(i)(1), unless the time limit is extended. See 19 CFR
351.214(i)(2).
Assessment Rates
Pursuant to 19 CFR 351.212(b), the Department will determine, and
CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review. For assessment purposes, the Department will calculate
importer-specific (or customer) ad valorem duty assessment rates based
on the ratio of the total amount of the dumping margins calculated for
the examined sales to the total entered value of those same sales. The
Department will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis. The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for
shipments of subject merchandise from Zhejiang Tianyi entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided by section 751(a)(2)(C) of the Act: (1) For subject
merchandise produced and exported by Zhejiang Tianyi, the cash deposit
rate will be that established in the final results of this review; (2)
for subject merchandise exported by Zhejiang Tianyi but not produced by
Zhejiang Tianyi, the cash deposit rate will continue to be the PRC-wide
rate of 216.01 percent; (3) for subject merchandise produced by
Zhejiang Tianyi, and exported by any party but itself, the cash deposit
rate will be the rate applicable to the exporter. If the cash deposit
rate calculated in the final results is zero or de minimis, no cash
deposit will be required for those entries of subject merchandise both
produced and exported by Zhejiang Tianyi. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Interested Parties
This notice serves as a 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 POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
The Department is issuing and publishing this determination in
accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR
351.214(h) and 351.221(b)(4).
Dated: February 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-4422 Filed 3-2-10; 8:45 am]
BILLING CODE 3510-DS-S
