Wooden Bedroom Furniture from the People's Republic of China: Final Results of Antidumping Duty New Shipper Review, 44764-44766 [2010-18681]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[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]


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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'').
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    \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-
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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.
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    \2\ See Preliminary Results, 75 FR at 9586.
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    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.
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    \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.
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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...................................................
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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