Wooden Bedroom Furniture from the People's Republic of China: Final Results of Antidumping Duty New Shipper Review, 44764-44766 [2010-18681]
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44764
Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Notices
later than 120 days after publication of
the preliminary results notice.
This extension is issued and
published in accordance with sections
751(a)(3)(A) and 777(i) of the Act.
Dated: July 23, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–18688 Filed 7–28–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture from the
People’s Republic of China: Final
Results of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 29, 2010
SUMMARY: On March 3, 2010, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the new shipper
review (‘‘NSR’’) 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’’).1 In accordance
with 19 CFR 351.309(c)(ii), we gave
interested parties an opportunity to
comment on the Preliminary Results.
Based on our analysis of the comments
received, the Department has not made
changes to the Preliminary Results and
continues to determine that Zhejiang
Tianyi has not made sales at less than
normal value (‘‘NV’’).
FOR FURTHER INFORMATION CONTACT:
Rebecca Pandolph or Howard Smith,
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) 482–4474 and (202)
482–5193, respectively.
SUPPLEMENTARY INFORMATION: We
published the Preliminary Results for
this NSR on March 3, 2010. In the
Preliminary Results, the Department
stated that interested parties were to
submit case briefs within 30 days of
publication of the Preliminary Results
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
AGENCY:
1 See Wooden Bedroom Furniture from the
People’s Republic of China: Preliminary Results of
Antidumping Duty New Shipper Review, 75 FR
9581 (March 3, 2010) (‘‘Preliminary Results’’).
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12:45 Jul 28, 2010
Jkt 220001
and rebuttal briefs within five days after
the due date for filing case briefs.2 On
April 2, 2010, the Department received
a case brief from Zhejiang Tianyi. On
April 7, 2010, the Department received
a rebuttal brief from the American
Furniture Manufacturers Committee for
Legal Trade and Vaughan–Bassett
Furniture Company, Inc. (collectively,
‘‘Petitioners’’). On May 18, 2010, the
Department received factual information
submitted by Petitioners, which raised
issues concerning the veracity of the
information on the record submitted by
Zhejiang Tianyi. In May and June 2010,
the Department issued questionnaires to
Zhejiang Tianyi. In May, June, and July
2010, Zhejiang Tianyi submitted its
responses to the Department’s
questionnaires and comments on the
allegation. In June 2010, Petitioners
submitted comments on Zhejiang
Tianyi’s responses. On July 14, 2010,
Zhejiang Tianyi submitted comments on
this issue. For a full discussion of this
issue, see Memorandum to the File,
regarding ‘‘Zhejiang Tianyi’s Eligibility
for a New Shipper Review and the
Validity of its Data,’’ dated July 23, 2010.
On July 6, 2010, the Department
notified interested parties that it would
be reconsidering its valuation of the
labor wage rate in this NSR, as a result
of the recent decision in Dorbest Limited
et. al. v. United States, 2009–1257,
-1266, issued by the United States Court
of Appeals for the Federal Circuit
(‘‘CAFC’’) on May 14, 2010. On July 6,
2010,3 July 12, 2010,4 and July 13,
2010,5 the Department placed export
and wage data, which the Department
was considering in connection with the
valuation of the labor wage rate, on the
record of this NSR and invited
interested parties to comment on the
narrow issue of the labor wage value in
light of the CAFC’s decision. On July 9,
and July 14, 2010, Petitioners submitted
comments on the export and wage data.
Period of Review
The period of review (‘‘POR’’) 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
Preliminary Results, 75 FR at 9586.
Memorandum to The File, through Howard
Smith, Program Manager, AD/CVD Operations,
Office 4, regarding, ‘‘Wage Data,’’ dated July 6, 2010.
4 See Memorandum to The File, through Howard
Smith, Program Manager, AD/CVD Operations,
Office 4, concerning, ‘‘Wage Data,’’ dated July 12,
2010.
5 See Memorandum to The File, through Howard
Smith, Program Manager, AD/CVD Operations,
Office 4, concerning, ‘‘Wage Data,’’ dated July 13,
2010.
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2 See
3 See
Frm 00009
Fmt 4703
Sfmt 4703
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
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,6
highboys,7 lowboys,8 chests of drawers,9
chests,10 door chests,11 chiffoniers,12
hutches,13 and armoires;14 (6) desks,
6 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.
7 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).
8 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
9 A chest of drawers is typically a case containing
drawers for storing clothing.
10 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.
11 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.
12 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
13 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
14 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
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Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Notices
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computer stands, filing cabinets, book
cases, or writing tables that are attached
to or incorporated in the subject
merchandise; and (7) other bedroom
furniture consistent with the above list.
The scope of the order excludes the
following items: (1) seats, chairs,
benches, couches, sofas, sofa beds,
stools, and other seating furniture; (2)
mattresses, mattress supports (including
box springs), infant cribs, water beds,
and futon frames; (3) office furniture,
such as desks, stand–up desks,
computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining
room or kitchen furniture such as dining
tables, chairs, servers, sideboards,
buffets, corner cabinets, china cabinets,
and china hutches; (5) other non–
bedroom furniture, such as television
cabinets, cocktail tables, end tables,
occasional tables, wall systems, book
cases, and entertainment systems; (6)
bedroom furniture made primarily of
wicker, cane, osier, bamboo or rattan; (7)
side rails for beds made of metal if sold
separately from the headboard and
footboard; (8) bedroom furniture in
which bentwood parts predominate;15
(9) jewelry armories;16 (10) cheval
to hold television receivers and/or other audiovisual entertainment systems.
15 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.
16 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).
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12:45 Jul 28, 2010
Jkt 220001
mirrors;17 (11) certain metal parts;18 (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 beds19 and (14) toy
boxes.20
Imports of subject merchandise are
classified under subheading
9403.50.9040 of the HTSUS as ‘‘wooden
17 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).
18 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.
19 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).
20 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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Fmt 4703
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44765
. . . 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.’’ The 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 the order is dispositive.
Analysis of Comments Received
All issues raised in the post–
preliminary comments by parties in this
review are addressed in the
memorandum from Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, ‘‘Issues and Decision
Memorandum for the Final Results of
the January 2009 through June 2009
New Shipper Review of Wooden
Bedroom Furniture from the People’s
Republic of China,’’ dated July 23, 2010
(‘‘Issues and Decision Memorandum’’),
which is hereby adopted by this notice.
A list of the issues that parties raised
and to which the Department responded
in the Issues and Decision
Memorandum is attached to this notice
as an appendix. The Issues and Decision
Memorandum is a public document and
is on file in the Central Records Unit in
room 1117 in the main Commerce
Department building, and is also
accessible on the Web at . The paper copy and
electronic version of the memorandum
are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made the
following change to our Preliminary
Results: Pursuant to a recent decision by
the CAFC, we have calculated a revised
hourly wage rate to use in valuing
Zhejiang Tianyi’s reported labor input
by averaging earnings and/or wages in
countries that are economically
comparable to the PRC and that are
significant producers of comparable
merchandise.21
21 See Issues and Decision Memorandum at
Comment 1.
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Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Notices
New Shipper Status
No party has contested the bona fide
nature of Zhejiang Tianyi’s sale(s)
during the POR. Therefore, for these
final results we find, as in the
Preliminary Results, that the new
shipper sale made by Zhejiang Tianyi
was made on a bona fide basis.
Surrogate Country
Since the Preliminary Results, no
interested party has commented on the
selection of the Philippines as the
surrogate country. Therefore, we
continue to determine that the
Philippines is the appropriate surrogate
country for the final results of this NSR.
Separate Rates
The Department found in the
Preliminary Results that Zhejiang Tianyi
demonstrated a lack of de jure and de
facto government control with respect to
its export activities, and preliminarily
determined that it was eligible for a
separate rate.22 No information has been
placed on the record of this segment of
the proceeding since the Preliminary
Results to contradict our preliminary
separate–rate determination. Therefore,
for the final results, we continue to
determine that Zhejiang Tianyi is
eligible for a separate rate.
Final Results of the New Shipper
Review
The Department has determined that
the following final dumping margin
exists for the period January 1, 2009,
through June 30, 2009:
Weighted–
average
margin
(percent)
Exporter
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. ..
0
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping duties
on all appropriate entries pursuant to 19
CFR 351.212(b). For importers/
customers of the respondent where the
respondent did not report entered
values, we have calculated importer/
customer–specific antidumping duty
assessment amounts based on the ratio
of the total amount of antidumping
duties calculated for the examined sales
of subject merchandise to the total
quantity of subject merchandise sold in
those transactions. For importers/
customers of the respondent where the
respondent reported entered values, we
22 See
Preliminary Results, 75 FR at 9583.
VerDate Mar<15>2010
12:45 Jul 28, 2010
Jkt 220001
have calculated an ad valorem rate for
that importer/customer by dividing the
total amount of antidumping duties
calculated in the examined sales of
subject merchandise by the total entered
value of those transactions. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of NSR. Where an importer specific ad
valorem rate is de minimis, the
Department will order CBP to liquidate
appropriate entries without regard to
antidumping duties.
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing these
final results and notice in accordance
with sections 751(a)(2)(B), 751(a)(2)(C),
and 777(i) of the Act and 19 CFR
351.214(h) and 19 CFR 351.221(b)(5).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of NSR
for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
for by section 751(a)(2)(C) of the Act: 1)
for the exporter/producer listed above,
the cash deposit rate will be the rate
shown for these companies; 2) for
previously investigated or reviewed PRC
and non–PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter–specific rate or combination
rate published for the most recent
period; 3) for all PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
PRC–wide rate of 216.01 percent; and 4)
for all non–PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporters that supplied that non–PRC
exporter. These deposit requirements
shall remain in effect until further
notice.
Dated: July 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Notification of Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
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Appendix I
Comment 1: Zhejiang Tianyi’s Eligibility
for a New Shipper Review and the
Validity of Its Data
Comment 2: Reliance on the
Regression–Based Wage Rate as a
Surrogate Value of Labor
Comment 3: Whether the Department
Should Use the Hourly Wage Rate Only
from the Philippines to Value Wage Rate
Comment 4: Whether the Department
Should Expand the List of Economically
Comparable Countries
Comment 5: The Correction of Errors in
the Wage Rate Data
[FR Doc. 2010–18681 Filed 7–28–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–502]
Certain Welded Carbon Steel Standard
Pipe from Turkey: Final Results of
Countervailing Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 1, 2010, the
Department of Commerce (the
Department) published in the Federal
Register its preliminary results of
administrative review of the
countervailing duty (CVD) order on
certain welded carbon steel standard
pipe from Turkey for the January 1,
2008, through December 31, 2008,
period of review (POR). See Certain
Welded Carbon Steel Standard Pipe
From Turkey: Preliminary Results of
Countervailing Duty Administrative
Review, 75 FR 16439 (April 1, 2010)
(Preliminary Results). The Department
preliminarily found that the following
producers/exporters of subject
merchandise covered by this review had
AGENCY:
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Agencies
[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Notices]
[Pages 44764-44766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18681]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture from the People's Republic of China:
Final Results of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 29, 2010
SUMMARY: On March 3, 2010, the Department of Commerce (``Department'')
published the preliminary results of the new shipper review (``NSR'')
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'').\1\ In accordance with 19 CFR
351.309(c)(ii), we gave interested parties an opportunity to comment on
the Preliminary Results. Based on our analysis of the comments
received, the Department has not made changes to the Preliminary
Results and continues to determine that Zhejiang Tianyi has not made
sales at less than normal value (``NV'').
---------------------------------------------------------------------------
\1\ See Wooden Bedroom Furniture from the People's Republic of
China: Preliminary Results of Antidumping Duty New Shipper Review,
75 FR 9581 (March 3, 2010) (``Preliminary Results'').
FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Howard Smith, 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-
---------------------------------------------------------------------------
4474 and (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION: We published the Preliminary Results for
this NSR on March 3, 2010. In the Preliminary Results, the Department
stated that interested parties were to submit case briefs within 30
days of publication of the Preliminary Results and rebuttal briefs
within five days after the due date for filing case briefs.\2\ On April
2, 2010, the Department received a case brief from Zhejiang Tianyi. On
April 7, 2010, the Department received a rebuttal brief from the
American Furniture Manufacturers Committee for Legal Trade and Vaughan-
Bassett Furniture Company, Inc. (collectively, ``Petitioners''). On May
18, 2010, the Department received factual information submitted by
Petitioners, which raised issues concerning the veracity of the
information on the record submitted by Zhejiang Tianyi. In May and June
2010, the Department issued questionnaires to Zhejiang Tianyi. In May,
June, and July 2010, Zhejiang Tianyi submitted its responses to the
Department's questionnaires and comments on the allegation. In June
2010, Petitioners submitted comments on Zhejiang Tianyi's responses. On
July 14, 2010, Zhejiang Tianyi submitted comments on this issue. For a
full discussion of this issue, see Memorandum to the File, regarding
``Zhejiang Tianyi's Eligibility for a New Shipper Review and the
Validity of its Data,'' dated July 23, 2010.
---------------------------------------------------------------------------
\2\ See Preliminary Results, 75 FR at 9586.
---------------------------------------------------------------------------
On July 6, 2010, the Department notified interested parties that it
would be reconsidering its valuation of the labor wage rate in this
NSR, as a result of the recent decision in Dorbest Limited et. al. v.
United States, 2009-1257, -1266, issued by the United States Court of
Appeals for the Federal Circuit (``CAFC'') on May 14, 2010. On July 6,
2010,\3\ July 12, 2010,\4\ and July 13, 2010,\5\ the Department placed
export and wage data, which the Department was considering in
connection with the valuation of the labor wage rate, on the record of
this NSR and invited interested parties to comment on the narrow issue
of the labor wage value in light of the CAFC's decision. On July 9, and
July 14, 2010, Petitioners submitted comments on the export and wage
data.
---------------------------------------------------------------------------
\3\ See Memorandum to The File, through Howard Smith, Program
Manager, AD/CVD Operations, Office 4, regarding, ``Wage Data,''
dated July 6, 2010.
\4\ See Memorandum to The File, through Howard Smith, Program
Manager, AD/CVD Operations, Office 4, concerning, ``Wage Data,''
dated July 12, 2010.
\5\ See Memorandum to The File, through Howard Smith, Program
Manager, AD/CVD Operations, Office 4, concerning, ``Wage Data,''
dated July 13, 2010.
---------------------------------------------------------------------------
Period of Review
The period of review (``POR'') 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 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,\6\ highboys,\7\ lowboys,\8\ chests of drawers,\9\ chests,\10\
door chests,\11\ chiffoniers,\12\ hutches,\13\ and armoires;\14\ (6)
desks,
[[Page 44765]]
computer stands, filing cabinets, book cases, or writing tables that
are attached to or incorporated in the subject merchandise; and (7)
other bedroom furniture consistent with the above list.
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\6\ 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.
\7\ 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).
\8\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\9\ A chest of drawers is typically a case containing drawers
for storing clothing.
\10\ 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.
\11\ 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.
\12\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\13\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\14\ An armoire is typically a tall cabinet or wardrobe
(typically 50 inches or taller), with doors, and with one or more
drawers (either exterior below or above the doors or interior behind
the doors), shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used to hold
television receivers and/or other audio-visual entertainment
systems.
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The scope of the order excludes the following items: (1) seats,
chairs, benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or
rattan; (7) side rails for beds made of metal if sold separately from
the headboard and footboard; (8) bedroom furniture in which bentwood
parts predominate;\15\ (9) jewelry armories;\16\ (10) cheval
mirrors;\17\ (11) certain metal parts;\18\ (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\19\ and (14) toy
boxes.\20\
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\15\ 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.
\16\ 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).
\17\ 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).
\18\ 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.
\19\ 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).
\20\ 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.''
The 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 the order is dispositive.
Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in
this review are addressed in the memorandum from Edward C. Yang, Acting
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, ``Issues and Decision Memorandum for the Final
Results of the January 2009 through June 2009 New Shipper Review of
Wooden Bedroom Furniture from the People's Republic of China,'' dated
July 23, 2010 (``Issues and Decision Memorandum''), which is hereby
adopted by this notice. A list of the issues that parties raised and to
which the Department responded in the Issues and Decision Memorandum is
attached to this notice as an appendix. The Issues and Decision
Memorandum is a public document and is on file in the Central Records
Unit in room 1117 in the main Commerce Department building, and is also
accessible on the Web at <http://ia.ita.doc.gov/frn>. The paper copy
and electronic version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made the
following change to our Preliminary Results: Pursuant to a recent
decision by the CAFC, we have calculated a revised hourly wage rate to
use in valuing Zhejiang Tianyi's reported labor input by averaging
earnings and/or wages in countries that are economically comparable to
the PRC and that are significant producers of comparable
merchandise.\21\
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\21\ See Issues and Decision Memorandum at Comment 1.
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[[Page 44766]]
New Shipper Status
No party has contested the bona fide nature of Zhejiang Tianyi's
sale(s) during the POR. Therefore, for these final results we find, as
in the Preliminary Results, that the new shipper sale made by Zhejiang
Tianyi was made on a bona fide basis.
Surrogate Country
Since the Preliminary Results, no interested party has commented on
the selection of the Philippines as the surrogate country. Therefore,
we continue to determine that the Philippines is the appropriate
surrogate country for the final results of this NSR.
Separate Rates
The Department found in the Preliminary Results that Zhejiang
Tianyi demonstrated a lack of de jure and de facto government control
with respect to its export activities, and preliminarily determined
that it was eligible for a separate rate.\22\ No information has been
placed on the record of this segment of the proceeding since the
Preliminary Results to contradict our preliminary separate-rate
determination. Therefore, for the final results, we continue to
determine that Zhejiang Tianyi is eligible for a separate rate.
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\22\ See Preliminary Results, 75 FR at 9583.
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Final Results of the New Shipper Review
The Department has determined that the following final 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...................................................
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries pursuant to 19 CFR 351.212(b). For importers/
customers of the respondent where the respondent did not report entered
values, we have calculated importer/customer-specific antidumping duty
assessment amounts based on the ratio of the total amount of
antidumping duties calculated for the examined sales of subject
merchandise to the total quantity of subject merchandise sold in those
transactions. For importers/customers of the respondent where the
respondent reported entered values, we have calculated an ad valorem
rate for that importer/customer by dividing the total amount of
antidumping duties calculated in the examined sales of subject
merchandise by the total entered value of those transactions. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of NSR. Where an
importer specific ad valorem rate is de minimis, the Department will
order CBP to liquidate appropriate entries without regard to
antidumping duties.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of NSR for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: 1) for the exporter/producer listed
above, the cash deposit rate will be the rate shown for these
companies; 2) for previously investigated or reviewed PRC and non-PRC
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the exporter-specific rate or combination rate
published for the most recent period; 3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
216.01 percent; and 4) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the PRC exporters that supplied that non-PRC
exporter. These deposit requirements shall remain in effect until
further notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing these final results and notice in
accordance with sections 751(a)(2)(B), 751(a)(2)(C), and 777(i) of the
Act and 19 CFR 351.214(h) and 19 CFR 351.221(b)(5).
Dated: July 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Comment 1: Zhejiang Tianyi's Eligibility for a New Shipper Review and
the Validity of Its Data
Comment 2: Reliance on the Regression-Based Wage Rate as a Surrogate
Value of Labor
Comment 3: Whether the Department Should Use the Hourly Wage Rate Only
from the Philippines to Value Wage Rate
Comment 4: Whether the Department Should Expand the List of
Economically Comparable Countries
Comment 5: The Correction of Errors in the Wage Rate Data
[FR Doc. 2010-18681 Filed 7-28-10; 8:45 am]
BILLING CODE 3510-DS-S