Wooden Bedroom Furniture From the People's Republic of China: Final Results and Final Rescission in Part, 50992-50999 [2010-20499]

Download as PDF 50992 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices normal value of the merchandise exceeds the constructed export price of the merchandise for all relevant entries of woven electric blankets from the PRC. Except for the entries noted above,1 these antidumping duties will be assessed on all unliquidated entries of woven electric blankets from the PRC entered, or withdrawn from the warehouse, for consumption on or after February 3, 2010, the date on which the Department published its Preliminary Determination. See Preliminary Determination at 5567. Effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins listed below. See section 735(c)(3) of the Act. The ‘‘PRC-wide’’ rate applies to all exporters of subject merchandise not specifically listed. The weighted-average dumping margins are as follows: Weighted-average margin (percent) Exporter and producer Hung Kuo Electronics (Shenzhen) Company Limited ............................................................................................................... Produced by: Hung Kuo Electronics (Shenzhen) Company Limited Ningbo V.K. Industry & Trading Co., Ltd. .................................................................................................................................. Produced by: Ningbo V.K. Industry & Trading Co., Ltd. Ningbo Jifa Electrical Appliances Co., Ltd. or ........................................................................................................................... Ningbo Jinchun Electric Appliances Co., Ltd. Produced by: Ningbo Jifa Electrical Appliances Co., Ltd. or Ningbo Jinchun Electric Appliances Co., Ltd. PRC–Wide Rate ........................................................................................................................................................................ This notice constitutes the antidumping duty order with respect to woven electric blankets from the PRC pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 1117 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: August 11, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal from the People’s Republic of China: Extension of Time for the Final Results of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 18, 2010. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, sroberts on DSKD5P82C1PROD with NOTICES AGENCY: 1 Namely, entries of woven electric blankets from the PRC entered, or withdrawn from warehouse, for consumption after August 2, 2010, and before the VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 93.09 93.09 174.85 Background On April 21, 2010, the Department of Commerce (‘‘the Department’’) published the preliminary results of this administrative review for the period April 1, 2008, to March 31, 2009. See Magnesium Metal from the People’s Republic of China: Preliminary Results of the 2008–2009 Antidumping Duty Administrative Review, 75 FR 20817 (April 21, 2010). The final results of review are currently due on August 19, 2010. the final results of the administrative review to 180 days, until October 18, 2010, in accordance with section 751(a)(3)(A) of the Act. We are publishing this notice pursuant to sections 751(a) and 777(i) of the Act. Dated: August 10, 2010. Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Washington, DC 20230; telephone: (202) 482–4243. Extension of Time Limits for the Final Results of Review [FR Doc. 2010–20496 Filed 8–17–10; 8:45 am] 93.09 Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time period to a maximum of 180 days. Completion of the final results of the administrative review within the 120–day period is not practicable because the Department requires additional time to analyze information obtained at verification; analyze extensive surrogate value information, case and rebuttal briefs; and to hold a public hearing. Because it is not practicable to complete this review within the time specified under the Act, we are extending the time period for issuing date of publication of the ITC’s final injury determination in the Federal Register. 1 See Wooden Bedroom Furniture From the People’s Republic of China: Preliminary Results of PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 [FR Doc. 2010–20514 Filed 8–17–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–890] Wooden Bedroom Furniture From the People’s Republic of China: Final Results and Final Rescission in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 5, 2010, the Department of Commerce (Department) published in the Federal Register its preliminary results of the administrative review of the antidumping duty order on wooden bedroom furniture (WBF) from the People’s Republic of China (PRC), covering the period January 1, 2008 through December 31, 2008.1 Further, on April 28, 2010, the Department issued a memorandum addressing Nanjing Nanmu Furniture Co., Ltd.’s (Nanjing Nanmu) claim of no AGENCY: Antidumping Duty Administrative Review and Intent To Rescind Review in Part, 75 FR 5952 (February 5, 2010) (Preliminary Results). E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices shipments.2 Finally, on July 14, 2010, the Department issued a memorandum informing parties that the Department was reconsidering the valuation of wage rates.3 We gave the interested parties an opportunity to comment on the Preliminary Results. After reviewing the interested parties’ comments, we made changes to our calculations for these final results of the review. The final dumping margin for this review is listed in the ‘‘Final Results of the Review’’ section below. DATES: Effective Date: August 18, 2010. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482–2769. sroberts on DSKD5P82C1PROD with NOTICES Background Following publication of the Preliminary Results, on March 23, 2010, Great Rich (HK) Enterprises Co., Limited, Coronal Enterprises Co., Ltd., Dongguan Wanhengtong Industry Co., Ltd., Season Furniture Manufacturing Co., Ltd., and Season Industrial Development Co., Ltd. submitted comments in lieu of a formal case brief. Other interested parties, including Petitioners 4 and Fairmont,5 submitted case and rebuttal briefs on April 9, 2010, and April 20, 2010, respectively. In addition, the Coalition 6 submitted a case brief on April 9, 2010. On April 28, 2010, we rejected a portion of Fairmont’s rebuttal brief due to the inclusion of untimely new information. On April 30, 2010, Fairmont resubmitted its rebuttal brief with the new information excluded. On April 28, 2010, the Department issued the Nanmu No Shipments Memo addressing Nanjing Nanmu’s claim of no shipments.7 On May 5, 2010, Petitioners submitted their case brief concerning 2 See the April 28, 2010, Memorandum for Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations Regarding Claim of No Shipments (Nanmu No Shipments Memo). 3 See the July 14, 2010, memorandum to the file entitled ‘‘Labor Wage Rate’’ (Wage Rate Notification). 4 Petitioners include American Furniture Manufactures Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. (Petitioners). 5 Comprised collectively of Dongguan Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co., Ltd. (TCSR), Taicang Fairmount Designs Furniture Co., Ltd.; and, Meizhou Sunrise Furniture Co., Ltd. (Fairmont). 6 Comprised of Coaster Company of America, Emerald Home Furnishings, LLC, Trade Masters of Texas, Inc. and Star International Furniture, Inc. (Coalition). 7 See Nanmu No Shipments Memo. VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 Nanjing Nanmu. On May 10, 2010, Nannjing Nanmu submitted a rebuttal brief. On May 25, 2010, the Department extended the deadline for the final results of the instant administrative review to August 11, 2010.8 On June 9, 2010, the Department received a letter from the PRC government commenting on the Preliminary Results. The Department responded to this letter on June 17, 2010.9 On July 14, 2010, the Department issued the Wage Rate Notification. Interested parties submitted case and rebuttal briefs on July 19, 2010, and July 22, 2010, respectively. On July 29, 2010, pursuant to requests by Fairmont and Petitioners, the Department held a hearing.10 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these reviews 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 Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People’s Republic of China,’’ dated August 11, 2010, which is hereby adopted by this notice (Issues and Decision Memorandum). A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit, Main Commerce Building, Room 1117, and is 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 an analysis of the comments received, the Department has made certain changes in the margin calculations. For the final results, the Department has made the following changes: 8 See Wooden Bedroom Furniture from the People’s Republic of China: Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review, 75 FR 29313 (May 25, 2010). 9 See the June 30, 2010 memorandum to the file entitled ‘‘Correspondence between the Bureau of Fair Trade for Imports & Exports and Import Administration.’’ 10 See August 5, 2010 Transcript of the July 29, 2010 hearing. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 50993 Surrogate Values 11 • We have valued TCSR’s miscellaneous veneer using an average of Philippine imports of Harmonized Tariff Schedule (HTS) subheadings 4408.39.90 and 4408.31. See Comment 3 of the Issues and Decision Memorandum. • We have valued Fairmont’s plywood inputs based on Philippine imports of HTS subheading 4412.14. Because these imports are from 2007, we have inflated them. See Comment 4 of the Issues and Decision Memorandum. • We have valued Fairmont’s curve panel inputs based on Philippine imports of HTS subheading 9403.90. See Comment 5 of the Issues and Decision Memorandum. • We have valued Fairmont’s expanded polyethylene sheet inputs based on Philippine imports of HTS subheading 3921.19.19. See Comment 6 of the Issues and Decision Memorandum. • We have valued Fairmont’s purchased bon feet using Philippine imports under HTS subheading 4421.90.99. See Comment 7 of the Issues and Decision Memorandum. • We have valued Fairmont’s particle board inputs based on India’s imports of HTS subheading 4410.11.10 and 4410.31. See Comment 21 of the Issues and Decision Memorandum. • We have based the surrogate value of Fairmont’s brokerage and handling charges on the World Bank’s Doing Business in the Philippines Report. See Comment 22 of the Issues and Decision Memorandum. • We have valued Fairmont’s glass inputs based on Philippine imports of HTS subheading 7005.10.90, excluding the imports from Japan. See Comment 25 of the Issues and Decision Memorandum. • We have valued Fairmont’s waterbased polymer isocyanate adhesive based on Philippine imports of HTS subheading 3506.91. See Comment 11 of the Issues and Decision Memorandum. • We have valued Fairmont’s inland freight expenses using Indian Infobanc data. See Comment 12 of the Issues and Decision Memorandum. • We have revised the surrogate wage rate. See Comment 34 of the Issues and Decision Memorandum. • We have recalculated surrogate financial ratios based on the record financial statements providing the best available information. See Comment 30 11 For all changes to surrogate values, see the August 11, 2009 Final Results Surrogate Value Memorandum. E:\FR\FM\18AUN1.SGM 18AUN1 50994 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices of the Issues and Decision Memorandum. sroberts on DSKD5P82C1PROD with NOTICES Ministerial Errors 12 • We have corrected coding errors in our calculation of the Preliminary Results and thereby incorporated all changes in the database submitted by Fairmont regarding its minor corrections to products for which it had previously weight-averaged certain fields based on the incorrect physical characteristic codes and control numbers. See Comment 10 of the Issues and Decision Memorandum. • When converting Fairmont’s consumption of poly vinyl chloride (PVC) veneer from square meters to kilograms, we have relied on a weighted-average measurement from all of Fairmont’s period of review (POR) purchases of PVC veneer in its October 14, 2009 submission at Exhibit FD–SE– 3D–49. See Comment 8 of the Issues and Decision Memorandum. • We have applied the minor corrections reported by Fairmont at verification that were incorrectly applied to international freight and applied them to other transportation costs. See Comment 10 of the Issues and Decision Memorandum. • We have valued marine insurance purchased from market economy suppliers in market economy prices for market economy purchases where Fairmont, not the seller, incurred this charge based on the amounts reported by Fairmont. See Comment 13 of the Issues and Decision Memorandum. • For all CEP sales, we have included interest expenses in the indirect selling ratio only in the amount that it exceeded inventory carrying costs and credit expenses. See Comment 32 of the Issues and Decision Memorandum. • We have included freight costs in the denominator of Fairmont’s indirect selling ratio. See Comment 27 of the Issues and Decision Memorandum. • We have removed the imports of HTS subheading 4421.90.99 with a unit of measure other than kilograms from the surrogate value calculation for pull knob wood, wood plugs, and bun feet. See Comment 28 of the Issues and Decision Memorandum. Other Changes 13 • For all CEP sales, we have calculated inventory carrying costs based only on the time period between entry date and the reported date of shipment to the customer. See Comment 12 For all corrections to ministerial errors, see the August 11, 2009 Final Results Analysis Memorandum (Final Results Analysis Memo). 13 For all other changes, see the Final Results Analysis Memo. VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 29 of the Issues and Decision Memorandum. • For those sales for which Fairmont did not know the actual entered value, we have estimated entered value based on Fairmont’s submitted sales information. See Comment 17 of the Issues and Decision Memorandum. • Because we have determined that they are not subject merchandise, we have removed all side tables from the calculation of the value of unreported sales. See Comment 31 of the Issues and Decision Memorandum. • The Department has rescinded the review with respect to Shanghai Sunrise Furniture Co., Ltd. (Shanghai Sunrise) and Fairmont Designs and removed these companies’ names from the companies listed under Fairmont’s rate in the U.S. Customs and Border Protection (CBP) module. Reviews for these companies were initiated together with Dongguan Sunrise Furniture Co. and Taicang Sunrise Wood Industry Co., Ltd. However, the Department later determined that Shanghai Sunrise 14 no longer existed and Fairmont Designs was not located in the PRC.15 • We have determined that Nanjing Nanmu made unreported sales of subject merchandise during the POR, and as a result there is no basis to rescind the review with respect to Nanjing Nanmu. In addition, we have determined that Nanjing Nanmu did not demonstrate its eligibility for a separate rate. Thus, we are treating Nanjing Nanmu as part of the PRC-wide Entity and because of the failure of the PRCwide Entity to cooperate to the best of its ability in reporting sales of subject merchandise we have applied adverse facts available (AFA) to this entity, which includes Nanjing Nanmu.16 Period of Review The POR is January 1, 2008, through December 31, 2008. Scope of the Order The product covered by the order is WBF which 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 14 See the October 8, 2009 memorandum to John Andersen entitled ‘‘Affiliation and Single Entity Status of Dongguan Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co., Ltd., Taicang Fairmount Designs Furniture Co., Ltd., and Meizhou Sunrise Furniture Co., Ltd.’’ 15 See the February 1, 2010, memoranda entitled Verification at Cambium Business Group, Inc. (d.b.a. Fairmont) in the 4th Antidumping Duty Administrative Review of Wooden Bedroom Furniture from the People’s Republic of China’’. 16 See Issues and Decision Memorandum at Comment 33. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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) chestson-chests,17 highboys,18 lowboys,19 chests of drawers,20 chests,21 door chests,22 chiffoniers,23 hutches,24 and armoires;25 (6) desks, computer stands, filing cabinets, bookcases, or writing tables that are attached to or 17 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. 18 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). 19 A lowboy is typically a short chest of drawers, not more than four feet high, normally set on short legs. 20 A chest of drawers is typically a case containing drawers for storing clothing. 21 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. 22 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. 23 A chiffonier is typically a tall and narrow chest of drawers normally used for storing undergarments and lingerie, often with mirror(s) attached. 24 A hutch is typically an open case of furniture with shelves that typically sits on another piece of furniture and provides storage for clothes. 25 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. E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices sroberts on DSKD5P82C1PROD with NOTICES 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, bookcases, 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;26 (9) jewelry armoires;27 (10) cheval mirrors;28 (11) certain metal parts;29 (12) 26 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. 27 Any armoire, cabinet or other accent item for the purpose of storing jewelry, not to exceed 24 inches in width, 18 inches in depth, and 49 inches 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 fliptop 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). 28 Cheval mirrors are any framed, tiltable mirror with a height in excess of 50 inches that is mounted on a floor-standing, hinged base. Additionally, the scope of the order excludes combination cheval mirror/jewelry cabinets. The excluded merchandise is an integrated piece consisting of a cheval mirror, i.e., a framed tiltable mirror with a height in excess of 50 inches, mounted on a floor-standing, hinged base, the cheval mirror serving as a door to a cabinet back that is integral to the structure of the mirror and which constitutes a jewelry cabinet lined with fabric, having necklace and bracelet hooks, mountings for rings and shelves, with or without a working lock and key to secure the contents of the jewelry cabinet back to the cheval mirror, and no drawers anywhere on the integrated piece. The fully assembled piece must be at least 50 inches in height, 14.5 inches in width, and 3 inches in depth. See Wooden Bedroom Furniture From the People’s Republic of China: Final Changed Circumstances Review and Determination To Revoke Order in Part, 72 FR 948 (January 9, 2007). 29 Metal furniture parts and unfinished furniture parts made of wood products (as defined above) VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 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 30 and (14) toy boxes.31 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 this proceeding is dispositive. 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. 30 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). 31 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 50995 Separate Rates Companies Granted Separate Rates in the Preliminary Results In the Preliminary Results, we stated that the following companies demonstrated their eligibility for separate-rate status: (1) Fairmont; (2) Longrange Furniture Co. Ltd.; (3) Langfang Tiancheng Furniture Co., Ltd.; (4) Tianjin Fortune Furniture Co., Ltd.; (5) Baigou Crafts Factory of Fengkai; (6) Zhongshan Gainwell Furniture Co. Ltd. For these final results, we continue to find that evidence placed on the record of this review demonstrates that these companies provided information that shows both a de jure and de facto absence of government control with respect to their respective exports of the merchandise under review and, thus, these companies are eligible for separate-rate status. With respect to the following companies not selected for individual examination in this review: (1) Shun Feng Furniture Co., Ltd.; (2) COE Ltd.; (3) Transworld (Zhangzhou) Furniture Co. Ltd.; (4) Decca Furniture Ltd., aka Decca; (5) Dongguan Landmark Furniture Products Ltd.; (6) Winny Overseas, Ltd.; (7) Dongguan Yihaiwei Furniture Limited, we continue to grant a separate rate to these companies because these companies are wholly owned by individuals or companies located in a market economy. As wholly foreign-owned companies, we have no evidence indicating that these companies are under the control of the PRC. Therefore, a separate-rate analysis is not necessary to determine whether these companies are independent from government control.32 Since the Preliminary Results, no interested parties submitted comments regarding these findings. Therefore, for the final results, we have granted these companies a separate rate. Companies Not Providing Separate Rate Certifications or Applications The following 34 companies for which the Department initiated the instant review did not provide a separate rate certification or application and therefore have not demonstrated their eligibility for separate rate status in this administrative review: • Best King International Ltd. • Brother Furniture Manufacture Co., Ltd. 32 See Preliminary Results; see also 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 Department determined that a respondent that was wholly foreign-owned qualified for a separate rate). E:\FR\FM\18AUN1.SGM 18AUN1 sroberts on DSKD5P82C1PROD with NOTICES 50996 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices • BNBM Co., Ltd. (aka Beijing New Materials Co., Ltd.) • Classic Furniture Global Co., Ltd. • Der Cheng Wooden Works of Factory • Dong Guan Golden Fortune Houseware Co., Ltd. • Dongguan Chunsan Wood Products Co., Ltd., Trendex Industries Ltd. • Dongguan Hua Ban Furniture Co., Ltd. • Dongguan New Technology Import & Export Co., Ltd. • Dongguan Sunpower Enterprise Co., Ltd. • Ever Spring Furniture Co. Ltd., S.Y.C Family Enterprise Co., Ltd. • Furnmart Ltd. • Green River Wood (Dongguan) Ltd. • Guangming Group Wumahe Furniture Co., Ltd. • Hamilton & Spill Ltd. • Hung Fai Wood Products Factory, Ltd. • Hwang Ho International Holdings Limited • Kalanter (Hong Kong) Furniture Company Limited • King Kei Furniture Factory, King Kei Trading Co., Ltd., Jiu Ching Trading Co., Ltd. • King Wood Furniture Co., Ltd. • King’s Way Furniture Industries Co., Ltd., Kingsyear Ltd. • Profit Force Ltd. • Shenyang Kunyu Wood Industry Co., Ltd. • Shenzhen Dafuhao Industrial Development Co., Ltd. • Sino Concord International Corporation • Starwood Furniture Manufacturing Co. Ltd. • Top Goal Development Co. • Union Friend International Trade Co., Ltd. • Wan Bao Chen Group Hong Kong Co. Ltd. • Xingli Arts & Crafts Factory of Yangchun • Yangchen Hengli Co., Ltd. • Yichun Guangming Furniture Co., Ltd. • Yongxin Industrial (Holdings) Limited • Zhong Cheng Furniture Co., Ltd. In the Preliminary Results, we also found that Inni Furniture and Shanghai Aosen Furniture Co., Ltd., a mandatory respondent, are part of the PRC–Wide entity. Since the Preliminary Results, no interested parties submitted comments regarding our findings regarding all 36 companies listed above. Therefore, for the final results, we continue to treat these entities as part of the PRC–Wide entity. Since the Preliminary Results, we have determined that Nanjing Nanmu VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 made unreported sales of subject merchandise.33 Thus, we no longer find a basis to rescind the review with respect to Nanjing Nanmu. Further, Nanmu Nanjing did not provide a separate rate certification or application. Accordingly, we have determined that it is not eligible for a separate rate and we are treating Nanjing Nanmu as part of the PRC-wide entity.34 Adverse Facts Available (AFA) In the Preliminary Results, we noted that in accordance with sections 776(a)(2)(B) and 782(c)(1) of the Act, the use of facts available is appropriate for the PRC-wide entity. The Department assigned the rate of 216.01 percent, the highest rate on the record of any segment of the proceeding to all companies classified under the PRCwide entity, as AFA.35 As no interested party commented on this determination regarding the PRC-wide entity, we have made no changes from our Preliminary Results with respect to this issue. In addition, the Department has determined that Nanjing Nanmu’s actions, as part of the PRC-wide entity, provide an additional basis to apply AFA to the PRC-wide entity.36 In failing to report these sales to the Department, the PRC-wide Entity, which includes Nanjing Nanmu, withheld necessary information within the meaning of section 776(a) of the Act and failed to cooperate to the best of its ability within the meaning of section 776(b) of the Act.37 Also in the Preliminary Results, we determined that Fairmont failed to report certain sales and thus withheld necessary information within the meaning of section 776(a) of the Act and failed to act to the best of its ability to comply with the Department’s requests for information within the meaning of section 776(b) of the Act regarding certain sales and factors of production information for subject merchandise. We therefore applied AFA to its unreported sales, pursuant to section 776(b) of the Act. As partial AFA, we applied to the unreported sales a margin of 216.01 percent. Parties commented both on our decision to apply AFA and on our choice of which AFA rate to apply to Fairmont. After considering these comments, we have continued to 33 See Issues and Decision Memorandum at Comment 33. 34 See Issues and Decision Memorandum at Comment 33. 35 See Preliminary Results. 36 See Issues and Decision Memorandum at Comment 33. 37 See generally, Issues and Decision Memorandum at Comment 33. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 apply as AFA to Fairmont’s unreported sales a margin of 216.01 percent.38 Corroboration of Secondary Information Section 776(c) of the Act provides that, when the Department relies on secondary information rather than on information obtained in the course of an investigation or review, it shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. Secondary information is defined as information derived from the petition that gave rise to the investigation or review, the final determination concerning the subject merchandise, or any previous review under section 751 of the Act concerning the subject merchandise.39 Corroborate means that the Department will satisfy itself that the secondary information to be used has probative value.40 To corroborate secondary information, the Department will, to the extent practicable, examine the reliability and relevance of the information to be used.41 Independent sources used to corroborate such evidence may include, for example, published price lists, official import statistics and customs data, and information obtained from interested parties during the particular investigation or review.42 The 216.01 AFA rate that the Department is using in this review is a company-specific rate calculated in the 2004–2005 New Shipper Review of the WBF order.43 No additional information has been presented in the current review which calls into question the 38 See Issues and Decision Memorandum at Comment 33. 39 See SAA at 870. 40 See id. 41 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, From Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996) (unchanged in Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, From Japan; Final Results of Antidumping Duty Administrative Reviews and Termination in Part, 62 FR 11825 (March 13, 1997)). 42 See the SAA at 870; Notice of Preliminary Determination of Sales at Less Than Fair Value: High and Ultra-High Voltage Ceramic Station Post Insulators from Japan, 68 FR 35627, 35629 (June 16, 2003) (unchanged in Notice of Final Determination of Sales at Less Than Fair Value: High and UltraHigh Voltage Ceramic Station Post Insulators from Japan, 68 FR 62560 (November 5, 2003)). 43 See Wooden Bedroom Furniture from the People’s Republic of China: Final Results of the 2004–2005 Semi-Annual New Shipper Reviews, 71 FR 70739, 70741 (December 6, 2006)(2004–2005 New Shipper Review). E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices reliability of the information. Thus, we have determined this information continues to be reliable. With respect to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal to determine whether a margin continues to have relevance. Where circumstances indicate that the selected margin is not appropriate as AFA, the Department will disregard the margin and determine an appropriate margin.44 Similarly, the Department does not apply a margin that has been discredited.45 To assess the relevancy of the rate used, the Department compared the transactionspecific margins calculated for Fairmont in the instant administrative review with the 216.01 percent rate calculated in the 2004–2005 New Shipper Review and found that the 216.01 percent margin was within the range of the margins calculated on the record of the instant administrative review. Because the dumping margins used to corroborate the AFA rate do not reflect unusually high dumping margins relative to the calculated rates determined for the cooperating respondent, the Department is satisfied that the dumping margins used for corroborative purposes reflect commercial reality because they are based upon real transactions that occurred during the POR, were subject to verification by the Department, and were sufficient in number both in terms of the number of sales and as a percentage of total sales quantity.46 Since the 216.01 percent margin is within the range of transaction-specific margins on the record of this administrative review, the Department has determined that the 216.01 percent margin continues to be relevant for use as an AFA rate for the PRC-wide entity in this administrative review. Also, because this rate is within the range of • Guangzhou Lucky Furniture Co. Ltd. • Jiangsu Dare Furniture Co., Ltd. (Dare Group) • Macau Youcheng Trading Co., Zhongshan Youcheng Wooden Arts & Crafts Co., Ltd. • Nantong Yangzi Furniture Co., Ltd. • Po Ying Industrial Co. • Qingdao Beiyuan-Shengli Furniture Co., Ltd., Qingdao Beiyuan Industry Trading Co. Ltd. • Qingdao Shengchang Wooden Co., Ltd. • Shanghai Fangjia Industry Co., Ltd.47 • Shenzhen Shen Long Hang Industry Co., Ltd. Final Partial Rescission of • Tianjin First Wood Co., Ltd. Administrative Review • Winmost Enterprises Limited. In the Preliminary Results, the • Yeh Brothers World Trade, Inc.48 Department announced its intent to • Zhangzhou XYM Furniture Product rescind the administrative review with Co., Ltd. respect to the following companies We confirmed these companies’ because they all reported that they had claims by issuing a no-shipment inquiry made no shipments during the POR. to CBP and examining electronic CBP • Dalian Pretty Home Furniture. data. Our examination of shipment data • Dongguan Dihao Furniture Co., Ltd. from CBP for the above companies • Dongguan Mingsheng Furniture Co., provided no indication that there were Ltd. no entries of subject merchandise • Dongguan Mu Si Furniture Co., Ltd. during the POR exported by these • Dongguan Sunshine Furniture Co., companies. We received no response Ltd. from CBP regarding our no-shipment • Fortune Furniture Ltd., Dongguan inquiry, which supports the companies’ Fortune Furniture Ltd. no-shipment certification. No other • Foshan Guanqiu Furniture Co., Ltd. parties commented on our preliminary • Fujian Lianfu Forestry Co., Ltd., intent to rescind. Thus, there is no a.k.a. Fujian Wonder Pacific Inc. (Dare information or argument on the record Group) of the current review that warrants • Fuzhou Huan Mei Furniture Co., reconsidering our preliminary decision Ltd. (Dare Group) to rescind. Therefore, we are rescinding • Gaomi Yatai Wooden Ware Co., this administrative review with respect Ltd., Team Prospect International Ltd., to above-listed companies. Money Gain International Co. Final Results of the Review • Golden Well International (HK), Ltd. We determine that the following • Guangdong New Four Seas weighted-average percentage margins Furniture Manufacturing Ltd. exist for the POR: Fairmont’s transaction-specific margins in this review, we find the rate relevant as applied to Fairmont’s unreported sales. As the adverse margin is both reliable and relevant, the Department has determined that it has probative value. Accordingly, the Department has determined that this rate meets the corroboration criterion established in section 776(c) of the Act. Fairmont has raised arguments with respect to the reliability and relevance of this rate as applied to Fairmont, which are addressed in the accompanying Issues and Decision Memorandum at Comment 31. Antidumping duty percent margin Exporter sroberts on DSKD5P82C1PROD with NOTICES Dongguan Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co., Ltd., Taicang Fairmount Designs Furniture Co., Ltd., and Meizhou Sunrise Furniture Co., Ltd ................................................................................................................ Longrange Furniture Co., Ltd .................................................................................................................................................... Langfang Tiancheng Furniture Co., Ltd .................................................................................................................................... Shun Feng Furniture Co., Ltd .................................................................................................................................................... COE Ltd ..................................................................................................................................................................................... Tianjin Fortune Furniture Co., Ltd ............................................................................................................................................. 44 See Fresh Cut Flowers From Mexico; Final Results of Antidumping Duty Administrative Review, 61 FR 6812, 6814 (February 22, 1996) (where the Department disregarded the highest margin in that case as adverse best information available (the predecessor to facts available) because the margin was based on another company’s uncharacteristic business expense resulting in an unusually high margin). 45 See D&L Supply Co. v. United States, 113 F.3d 1220, 1221 (Fed. Cir. 1997) (ruling that the VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 50997 Department will not use a margin that has been judicially invalidated). 46 See the August 11, 2009 Corroboration Memorandum. 47 Shanghai Fangjia’s only sales made during the POR were covered by a new shipper review covering the period January 1, 2008, through June 30, 2008 and thus are not subject to this review. See Wooden Bedroom Furniture From the People’s Republic of China: Final Results of New Shipper Review, 74 FR 48905 (September 25, 2009). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 43.23 43.23 43.23 43.23 43.23 43.23 48 See the memorandum to Abdelali Elouaradia Director, Office 4 regarding the ‘‘2008 Antidumping Duty Administrative Review of Wooden Bedroom Furniture from the People’s Republic of China (PRC): Whether to Rescind the Review with Respect to Yeh Brothers World Trade, Inc.’’ dated November 13, 2009 (in which the Department indicated that it intended to rescind the instant review with respect to Yeh Brothers). E:\FR\FM\18AUN1.SGM 18AUN1 50998 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices Antidumping duty percent margin Exporter Transworld (Zhangzhou) Furniture Co. Ltd ............................................................................................................................... Decca Furniture Ltd., aka Decca ............................................................................................................................................... Dongguan Landmark Furniture Products Ltd ............................................................................................................................ Winny Overseas, Ltd ................................................................................................................................................................. Dongguan Yihaiwei Furniture Limited ....................................................................................................................................... Baigou Crafts Factory of Fengkai .............................................................................................................................................. Zhongshan Gainwell Furniture Co. Ltd ..................................................................................................................................... PRC–Wide Entity 49 ................................................................................................................................................................... Assessment Rates sroberts on DSKD5P82C1PROD with NOTICES 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, we calculated exporter/importer- (or customer) -specific assessment rates for merchandise subject to this review. Where appropriate, we calculated an ad valorem rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total entered values associated with those transactions. For dutyassessment rates calculated on this basis, we will direct CBP to assess the resulting ad valorem rate against the entered customs values for the subject merchandise. Where appropriate, we calculated a per-unit rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total sales quantity associated with those transactions. For duty-assessment rates calculated on this basis, we will direct CBP to assess the resulting per-unit rate against the entered quantity of the subject merchandise. Where an importer- (or customer) -specific assessment rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to assess that importer (or customer’s) entries of subject merchandise without regard to antidumping duties. We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate we determine in the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this review. Cash-Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this 49 As noted above, Shanghai Aosen Furniture Co., Ltd., a mandatory respondent, Inni Furniture, and Nanjing Nanmu are part of the PRC-wide entity. VerDate Mar<15>2010 18:43 Aug 17, 2010 Jkt 220001 administrative review 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 exporters listed above, the cash deposit rate will be the rates shown for those companies; (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRCwide 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. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 43.23 43.23 43.23 43.23 43.23 43.23 43.23 216.01 Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). We are issuing and publishing these final results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 11, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix Comment 1: Electricity Comment 2: Water Comment 3: Miscellaneous Veneer Comment 4: Plywood Comment 5: Curve Panel Comment 6: Expanded Polyethylene Sheet Comment 7: Bon Feet Comment 8: Poly Vinyl Chloride Veneer Comment 9: Name Corrections Comment 10: Ministerial Errors Comment 11: Water-Based Polymer Isocyanate Comment 12: Inland Freight Comment 13: Marine Insurance Comment 14: Indirect Selling Expenses Comment 15: Gross vs. Net Weight Comment 16: Shipment Basis for Valuing Inputs Comment 17: Assessment Rates Comment 18: Identification in the Customs Module Comment 19: Combination Rates Comment 20: Duty Absorption with Regard to the Separate Rate Respondents Comment 21: Particle Board Comment 22: Brokerage and Handling Comment 23: Veneered Boards Comment 24: Treatment of Negative Margins Comment 25: Glass Comment 26: Freight Revenue Comment 27: Calculation of the Indirect Selling Ratio Comment 28: Unit of Measure for HTS Subheading 4421.90.99 E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices Comment 29: Inventory Carrying Costs for Direct Shipments Comment 30: Financial Ratios Comment 31: Unreported Sales Comment 32: Credit Expenses and Inventory Carrying Costs Comment 33: Nanjing Nanmu Comment 34: Labor [FR Doc. 2010–20499 Filed 8–17–10; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–351–840] Certain Orange Juice From Brazil: Final Results of Antidumping Duty Administrative Review and Notice of Intent Not To Revoke Antidumping Duty Order in Part Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 18, 2010. SUMMARY: On April 13, 2010, the Department of Commerce published its preliminary results of the administrative review of the antidumping duty order on certain orange juice from Brazil. This review covers two producers/exporters of the subject merchandise to the United States. The period of review (POR) is March 1, 2008, through February 28, 2009. After analyzing the comments received, we have made certain changes in the margin calculations. Therefore, these final results differ from the preliminary results. The final weightedaverage dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ Finally, we have determined not to revoke the antidumping duty order with respect to certain orange juice from Brazil produced and exported by Sucocitrico Cutrale, S.A. (Cutrale). FOR FURTHER INFORMATION CONTACT: Hector Rodriguez or Blaine Wiltse, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0629 or (202) 482– 6345, respectively. SUPPLEMENTARY INFORMATION: sroberts on DSKD5P82C1PROD with NOTICES AGENCY: Background On April 13, 2010, the Department published in the Federal Register the preliminary results of administrative review of the 2008–2009 antidumping duty order on certain orange juice from VerDate Mar<15>2010 18:40 Aug 17, 2010 Jkt 220001 Brazil. See Certain Orange Juice from Brazil: Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent Not to Revoke Antidumping Duty Order in Part, 75 FR 18794 (Apr. 13, 2010) (Preliminary Results). We invited parties to comment on our preliminary results of review. In May 2010, we received case and rebuttal briefs from the petitioners (i.e., Florida Citrus Mutual, A. Duda & Sons, Citrus World Inc., and Southern Gardens Citrus Processing Corporation). We also received case briefs from both respondents (i.e., Fischer S.A. Comercio, Industria, and Agricultura (Fischer) and Cutrale). The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The scope of this order includes certain orange juice for transport and/or further manufacturing, produced in two different forms: (1) Frozen orange juice in a highly concentrated form, sometimes referred to as frozen concentrated orange juice for manufacture (FCOJM); and (2) pasteurized single-strength orange juice which has not been concentrated, referred to as not-from-concentrate (NFC). At the time of the filing of the petition, there was an existing antidumping duty order on frozen concentrated orange juice (FCOJ) from Brazil. See Antidumping Duty Order; Frozen Concentrated Orange Juice from Brazil, 52 FR 16426 (May 5, 1987). Therefore, the scope of this order with regard to FCOJM covers only FCOJM produced and/or exported by those companies which were excluded or revoked from the pre-existing antidumping order on FCOJ from Brazil as of December 27, 2004. Those companies are Cargill Citrus Limitada, Coinbra-Frutesp (SA), Cutrale, Fischer, and Montecitrus Trading S.A. Excluded from the scope of the order are reconstituted orange juice and frozen concentrated orange juice for retail (FCOJR). Reconstituted orange juice is produced through further manufacture of FCOJM, by adding water, oils and essences to the orange juice concentrate. FCOJR is concentrated orange juice, typically at 42 Brix, in a frozen state, packed in retail-sized containers ready for sale to consumers. FCOJR, a finished consumer product, is produced through further manufacture of FCOJM, a bulk manufacturer’s product. The subject merchandise is currently classifiable under subheadings PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 50999 2009.11.00, 2009.12.25, 2009.12.45, and 2009.19.00 of the Harmonized Tariff Schedule of the United States (HTSUS). These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive. Rather, the written description of the scope of the order is dispositive. Period of Review The POR is March 1, 2008, through February 28, 2009. Determination Not To Revoke Order, In Part The Department may revoke, in whole or in part, an antidumping duty order upon completion of a review under section 751 of the Act. While Congress has not specified the procedures that the Department must follow in revoking an order, the Department has developed a procedure for revocation that is described in 19 CFR 351.222. This regulation requires, inter alia, that a company requesting revocation must submit the following: (1) A certification that the company has sold the subject merchandise at not less than normal value (NV) in the current review period and that the company will not sell subject merchandise at less than NV in the future; (2) a certification that the company sold commercial quantities of the subject merchandise to the United States in each of the three years forming the basis of the request; and (3) an agreement to immediate reinstatement of the order if the Department concludes that the company, subsequent to the revocation, sold subject merchandise at less than NV. See 19 CFR 351.222(e)(1). Upon receipt of such a request, the Department will consider: (1) Whether the company in question has sold subject merchandise at not less than NV for a period of at least three consecutive years; (2) whether the company has agreed in writing to its immediate reinstatement in the order, as long as any exporter or producer is subject to the order, if the Department concludes that the company, subsequent to the revocation, sold the subject merchandise at less than NV; and (3) whether the continued application of the antidumping duty order is otherwise necessary to offset dumping. See 19 CFR 351.222(b)(2)(i). As we noted in the Preliminary Results, on March 31, 2009, Cutrale requested revocation of the antidumping duty order with respect to its sales of subject merchandise, pursuant to 19 CFR 351.222(b). This request was accompanied by certification that: (1) Cutrale sold the subject merchandise at not less than NV during the current POR and will not sell the merchandise at less E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 50992-50999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20499]


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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 and Final Rescission in Part

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

SUMMARY: On February 5, 2010, the Department of Commerce (Department) 
published in the Federal Register its preliminary results of the 
administrative review of the antidumping duty order on wooden bedroom 
furniture (WBF) from the People's Republic of China (PRC), covering the 
period January 1, 2008 through December 31, 2008.\1\ Further, on April 
28, 2010, the Department issued a memorandum addressing Nanjing Nanmu 
Furniture Co., Ltd.'s (Nanjing Nanmu) claim of no

[[Page 50993]]

shipments.\2\ Finally, on July 14, 2010, the Department issued a 
memorandum informing parties that the Department was reconsidering the 
valuation of wage rates.\3\ We gave the interested parties an 
opportunity to comment on the Preliminary Results. After reviewing the 
interested parties' comments, we made changes to our calculations for 
these final results of the review. The final dumping margin for this 
review is listed in the ``Final Results of the Review'' section below.
---------------------------------------------------------------------------

    \1\ See Wooden Bedroom Furniture From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Intent To Rescind Review in Part, 75 FR 5952 (February 5, 2010) 
(Preliminary Results).
    \2\ See the April 28, 2010, Memorandum for Edward C. Yang, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations Regarding Claim of No Shipments (Nanmu No Shipments 
Memo).
    \3\ See the July 14, 2010, memorandum to the file entitled 
``Labor Wage Rate'' (Wage Rate Notification).

---------------------------------------------------------------------------
DATES: Effective Date: August 18, 2010.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482-2769.

Background

    Following publication of the Preliminary Results, on March 23, 
2010, Great Rich (HK) Enterprises Co., Limited, Coronal Enterprises 
Co., Ltd., Dongguan Wanhengtong Industry Co., Ltd., Season Furniture 
Manufacturing Co., Ltd., and Season Industrial Development Co., Ltd. 
submitted comments in lieu of a formal case brief. Other interested 
parties, including Petitioners \4\ and Fairmont,\5\ submitted case and 
rebuttal briefs on April 9, 2010, and April 20, 2010, respectively. In 
addition, the Coalition \6\ submitted a case brief on April 9, 2010. On 
April 28, 2010, we rejected a portion of Fairmont's rebuttal brief due 
to the inclusion of untimely new information. On April 30, 2010, 
Fairmont resubmitted its rebuttal brief with the new information 
excluded.
---------------------------------------------------------------------------

    \4\ Petitioners include American Furniture Manufactures 
Committee for Legal Trade and Vaughan-Bassett Furniture Company, 
Inc. (Petitioners).
    \5\ Comprised collectively of Dongguan Sunrise Furniture Co., 
Ltd., Taicang Sunrise Wood Industry Co., Ltd. (TCSR), Taicang 
Fairmount Designs Furniture Co., Ltd.; and, Meizhou Sunrise 
Furniture Co., Ltd. (Fairmont).
    \6\ Comprised of Coaster Company of America, Emerald Home 
Furnishings, LLC, Trade Masters of Texas, Inc. and Star 
International Furniture, Inc. (Coalition).
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    On April 28, 2010, the Department issued the Nanmu No Shipments 
Memo addressing Nanjing Nanmu's claim of no shipments.\7\ On May 5, 
2010, Petitioners submitted their case brief concerning Nanjing Nanmu. 
On May 10, 2010, Nannjing Nanmu submitted a rebuttal brief. On May 25, 
2010, the Department extended the deadline for the final results of the 
instant administrative review to August 11, 2010.\8\ On June 9, 2010, 
the Department received a letter from the PRC government commenting on 
the Preliminary Results. The Department responded to this letter on 
June 17, 2010.\9\ On July 14, 2010, the Department issued the Wage Rate 
Notification. Interested parties submitted case and rebuttal briefs on 
July 19, 2010, and July 22, 2010, respectively. On July 29, 2010, 
pursuant to requests by Fairmont and Petitioners, the Department held a 
hearing.\10\
---------------------------------------------------------------------------

    \7\ See Nanmu No Shipments Memo.
    \8\ See Wooden Bedroom Furniture from the People's Republic of 
China: Extension of Time Limit for the Final Results of the 
Antidumping Duty Administrative Review, 75 FR 29313 (May 25, 2010).
    \9\ See the June 30, 2010 memorandum to the file entitled 
``Correspondence between the Bureau of Fair Trade for Imports & 
Exports and Import Administration.''
    \10\ See August 5, 2010 Transcript of the July 29, 2010 hearing.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these reviews 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 Administrative Review of the Antidumping Duty Order on 
Wooden Bedroom Furniture from the People's Republic of China,'' dated 
August 11, 2010, which is hereby adopted by this notice (Issues and 
Decision Memorandum). A list of the issues which parties raised and to 
which we respond in the Issues and Decision Memorandum is attached to 
this notice as Appendix I. The Issues and Decision Memorandum is a 
public document and is on file in the Central Records Unit, Main 
Commerce Building, Room 1117, and is 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 an analysis of the comments received, the Department has 
made certain changes in the margin calculations. For the final results, 
the Department has made the following changes:

Surrogate Values \11\
---------------------------------------------------------------------------

    \11\ For all changes to surrogate values, see the August 11, 
2009 Final Results Surrogate Value Memorandum.
---------------------------------------------------------------------------

     We have valued TCSR's miscellaneous veneer using an 
average of Philippine imports of Harmonized Tariff Schedule (HTS) 
subheadings 4408.39.90 and 4408.31. See Comment 3 of the Issues and 
Decision Memorandum.
     We have valued Fairmont's plywood inputs based on 
Philippine imports of HTS subheading 4412.14. Because these imports are 
from 2007, we have inflated them. See Comment 4 of the Issues and 
Decision Memorandum.
     We have valued Fairmont's curve panel inputs based on 
Philippine imports of HTS subheading 9403.90. See Comment 5 of the 
Issues and Decision Memorandum.
     We have valued Fairmont's expanded polyethylene sheet 
inputs based on Philippine imports of HTS subheading 3921.19.19. See 
Comment 6 of the Issues and Decision Memorandum.
     We have valued Fairmont's purchased bon feet using 
Philippine imports under HTS subheading 4421.90.99. See Comment 7 of 
the Issues and Decision Memorandum.
     We have valued Fairmont's particle board inputs based on 
India's imports of HTS subheading 4410.11.10 and 4410.31. See Comment 
21 of the Issues and Decision Memorandum.
     We have based the surrogate value of Fairmont's brokerage 
and handling charges on the World Bank's Doing Business in the 
Philippines Report. See Comment 22 of the Issues and Decision 
Memorandum.
     We have valued Fairmont's glass inputs based on Philippine 
imports of HTS subheading 7005.10.90, excluding the imports from Japan. 
See Comment 25 of the Issues and Decision Memorandum.
     We have valued Fairmont's water-based polymer isocyanate 
adhesive based on Philippine imports of HTS subheading 3506.91. See 
Comment 11 of the Issues and Decision Memorandum.
     We have valued Fairmont's inland freight expenses using 
Indian Infobanc data. See Comment 12 of the Issues and Decision 
Memorandum.
     We have revised the surrogate wage rate. See Comment 34 of 
the Issues and Decision Memorandum.
     We have recalculated surrogate financial ratios based on 
the record financial statements providing the best available 
information. See Comment 30

[[Page 50994]]

of the Issues and Decision Memorandum.

Ministerial Errors \12\
---------------------------------------------------------------------------

    \12\ For all corrections to ministerial errors, see the August 
11, 2009 Final Results Analysis Memorandum (Final Results Analysis 
Memo).
---------------------------------------------------------------------------

     We have corrected coding errors in our calculation of the 
Preliminary Results and thereby incorporated all changes in the 
database submitted by Fairmont regarding its minor corrections to 
products for which it had previously weight-averaged certain fields 
based on the incorrect physical characteristic codes and control 
numbers. See Comment 10 of the Issues and Decision Memorandum.
     When converting Fairmont's consumption of poly vinyl 
chloride (PVC) veneer from square meters to kilograms, we have relied 
on a weighted-average measurement from all of Fairmont's period of 
review (POR) purchases of PVC veneer in its October 14, 2009 submission 
at Exhibit FD-SE-3D-49. See Comment 8 of the Issues and Decision 
Memorandum.
     We have applied the minor corrections reported by Fairmont 
at verification that were incorrectly applied to international freight 
and applied them to other transportation costs. See Comment 10 of the 
Issues and Decision Memorandum.
     We have valued marine insurance purchased from market 
economy suppliers in market economy prices for market economy purchases 
where Fairmont, not the seller, incurred this charge based on the 
amounts reported by Fairmont. See Comment 13 of the Issues and Decision 
Memorandum.
     For all CEP sales, we have included interest expenses in 
the indirect selling ratio only in the amount that it exceeded 
inventory carrying costs and credit expenses. See Comment 32 of the 
Issues and Decision Memorandum.
     We have included freight costs in the denominator of 
Fairmont's indirect selling ratio. See Comment 27 of the Issues and 
Decision Memorandum.
     We have removed the imports of HTS subheading 4421.90.99 
with a unit of measure other than kilograms from the surrogate value 
calculation for pull knob wood, wood plugs, and bun feet. See Comment 
28 of the Issues and Decision Memorandum.

Other Changes \13\
---------------------------------------------------------------------------

    \13\ For all other changes, see the Final Results Analysis Memo.
---------------------------------------------------------------------------

     For all CEP sales, we have calculated inventory carrying 
costs based only on the time period between entry date and the reported 
date of shipment to the customer. See Comment 29 of the Issues and 
Decision Memorandum.
     For those sales for which Fairmont did not know the actual 
entered value, we have estimated entered value based on Fairmont's 
submitted sales information. See Comment 17 of the Issues and Decision 
Memorandum.
     Because we have determined that they are not subject 
merchandise, we have removed all side tables from the calculation of 
the value of unreported sales. See Comment 31 of the Issues and 
Decision Memorandum.
     The Department has rescinded the review with respect to 
Shanghai Sunrise Furniture Co., Ltd. (Shanghai Sunrise) and Fairmont 
Designs and removed these companies' names from the companies listed 
under Fairmont's rate in the U.S. Customs and Border Protection (CBP) 
module. Reviews for these companies were initiated together with 
Dongguan Sunrise Furniture Co. and Taicang Sunrise Wood Industry Co., 
Ltd. However, the Department later determined that Shanghai Sunrise 
\14\ no longer existed and Fairmont Designs was not located in the 
PRC.\15\
---------------------------------------------------------------------------

    \14\ See the October 8, 2009 memorandum to John Andersen 
entitled ``Affiliation and Single Entity Status of Dongguan Sunrise 
Furniture Co., Ltd., Taicang Sunrise Wood Industry Co., Ltd., 
Taicang Fairmount Designs Furniture Co., Ltd., and Meizhou Sunrise 
Furniture Co., Ltd.''
    \15\ See the February 1, 2010, memoranda entitled Verification 
at Cambium Business Group, Inc. (d.b.a. Fairmont) in the 4th 
Antidumping Duty Administrative Review of Wooden Bedroom Furniture 
from the People's Republic of China''.
---------------------------------------------------------------------------

     We have determined that Nanjing Nanmu made unreported 
sales of subject merchandise during the POR, and as a result there is 
no basis to rescind the review with respect to Nanjing Nanmu. In 
addition, we have determined that Nanjing Nanmu did not demonstrate its 
eligibility for a separate rate. Thus, we are treating Nanjing Nanmu as 
part of the PRC-wide Entity and because of the failure of the PRC-wide 
Entity to cooperate to the best of its ability in reporting sales of 
subject merchandise we have applied adverse facts available (AFA) to 
this entity, which includes Nanjing Nanmu.\16\
---------------------------------------------------------------------------

    \16\ See Issues and Decision Memorandum at Comment 33.
---------------------------------------------------------------------------

Period of Review

    The POR is January 1, 2008, through December 31, 2008.

Scope of the Order

    The product covered by the order is WBF which 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,\17\ highboys,\18\ lowboys,\19\ chests of drawers,\20\ 
chests,\21\ door chests,\22\ chiffoniers,\23\ hutches,\24\ and 
armoires;\25\ (6) desks, computer stands, filing cabinets, bookcases, 
or writing tables that are attached to or

[[Page 50995]]

incorporated in the subject merchandise; and (7) other bedroom 
furniture consistent with the above list.
---------------------------------------------------------------------------

    \17\ 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.
    \18\ 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).
    \19\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \20\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \21\ 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.
    \22\ 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.
    \23\ A chiffonier is typically a tall and narrow chest of 
drawers normally used for storing undergarments and lingerie, often 
with mirror(s) attached.
    \24\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \25\ 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, bookcases, 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;\26\ (9) jewelry armoires;\27\ (10) cheval mirrors;\28\ 
(11) certain metal parts;\29\ (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 \30\ and (14) toy boxes.\31\
---------------------------------------------------------------------------

    \26\ 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.
    \27\ Any armoire, cabinet or other accent item for the purpose 
of storing jewelry, not to exceed 24 inches in width, 18 inches in 
depth, and 49 inches 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).
    \28\ Cheval mirrors are any framed, tiltable mirror with a 
height in excess of 50 inches that is mounted on a floor-standing, 
hinged base. Additionally, the scope of the order excludes 
combination cheval mirror/jewelry cabinets. The excluded merchandise 
is an integrated piece consisting of a cheval mirror, i.e., a framed 
tiltable mirror with a height in excess of 50 inches, mounted on a 
floor-standing, hinged base, the cheval mirror serving as a door to 
a cabinet back that is integral to the structure of the mirror and 
which constitutes a jewelry cabinet lined with fabric, having 
necklace and bracelet hooks, mountings for rings and shelves, with 
or without a working lock and key to secure the contents of the 
jewelry cabinet back to the cheval mirror, and no drawers anywhere 
on the integrated piece. The fully assembled piece must be at least 
50 inches in height, 14.5 inches in width, and 3 inches in depth. 
See Wooden Bedroom Furniture From the People's Republic of China: 
Final Changed Circumstances Review and Determination To Revoke Order 
in Part, 72 FR 948 (January 9, 2007).
    \29\ 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.
    \30\ 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).
    \31\ 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.
---------------------------------------------------------------------------

    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 this proceeding is dispositive.

Separate Rates

Companies Granted Separate Rates in the Preliminary Results

    In the Preliminary Results, we stated that the following companies 
demonstrated their eligibility for separate-rate status: (1) Fairmont; 
(2) Longrange Furniture Co. Ltd.; (3) Langfang Tiancheng Furniture Co., 
Ltd.; (4) Tianjin Fortune Furniture Co., Ltd.; (5) Baigou Crafts 
Factory of Fengkai; (6) Zhongshan Gainwell Furniture Co. Ltd. For these 
final results, we continue to find that evidence placed on the record 
of this review demonstrates that these companies provided information 
that shows both a de jure and de facto absence of government control 
with respect to their respective exports of the merchandise under 
review and, thus, these companies are eligible for separate-rate 
status.
    With respect to the following companies not selected for individual 
examination in this review: (1) Shun Feng Furniture Co., Ltd.; (2) COE 
Ltd.; (3) Transworld (Zhangzhou) Furniture Co. Ltd.; (4) Decca 
Furniture Ltd., aka Decca; (5) Dongguan Landmark Furniture Products 
Ltd.; (6) Winny Overseas, Ltd.; (7) Dongguan Yihaiwei Furniture 
Limited, we continue to grant a separate rate to these companies 
because these companies are wholly owned by individuals or companies 
located in a market economy. As wholly foreign-owned companies, we have 
no evidence indicating that these companies are under the control of 
the PRC. Therefore, a separate-rate analysis is not necessary to 
determine whether these companies are independent from government 
control.\32\
---------------------------------------------------------------------------

    \32\ See Preliminary Results; see also 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 Department determined that a respondent that 
was wholly foreign-owned qualified for a separate rate).
---------------------------------------------------------------------------

    Since the Preliminary Results, no interested parties submitted 
comments regarding these findings. Therefore, for the final results, we 
have granted these companies a separate rate.

Companies Not Providing Separate Rate Certifications or Applications

    The following 34 companies for which the Department initiated the 
instant review did not provide a separate rate certification or 
application and therefore have not demonstrated their eligibility for 
separate rate status in this administrative review:
     Best King International Ltd.
     Brother Furniture Manufacture Co., Ltd.

[[Page 50996]]

     BNBM Co., Ltd. (aka Beijing New Materials Co., Ltd.)
     Classic Furniture Global Co., Ltd.
     Der Cheng Wooden Works of Factory
     Dong Guan Golden Fortune Houseware Co., Ltd.
     Dongguan Chunsan Wood Products Co., Ltd., Trendex 
Industries Ltd.
     Dongguan Hua Ban Furniture Co., Ltd.
     Dongguan New Technology Import & Export Co., Ltd.
     Dongguan Sunpower Enterprise Co., Ltd.
     Ever Spring Furniture Co. Ltd., S.Y.C Family Enterprise 
Co., Ltd.
     Furnmart Ltd.
     Green River Wood (Dongguan) Ltd.
     Guangming Group Wumahe Furniture Co., Ltd.
     Hamilton & Spill Ltd.
     Hung Fai Wood Products Factory, Ltd.
     Hwang Ho International Holdings Limited
     Kalanter (Hong Kong) Furniture Company Limited
     King Kei Furniture Factory, King Kei Trading Co., Ltd., 
Jiu Ching Trading Co., Ltd.
     King Wood Furniture Co., Ltd.
     King's Way Furniture Industries Co., Ltd., Kingsyear Ltd.
     Profit Force Ltd.
     Shenyang Kunyu Wood Industry Co., Ltd.
     Shenzhen Dafuhao Industrial Development Co., Ltd.
     Sino Concord International Corporation
     Starwood Furniture Manufacturing Co. Ltd.
     Top Goal Development Co.
     Union Friend International Trade Co., Ltd.
     Wan Bao Chen Group Hong Kong Co. Ltd.
     Xingli Arts & Crafts Factory of Yangchun
     Yangchen Hengli Co., Ltd.
     Yichun Guangming Furniture Co., Ltd.
     Yongxin Industrial (Holdings) Limited
     Zhong Cheng Furniture Co., Ltd.
    In the Preliminary Results, we also found that Inni Furniture and 
Shanghai Aosen Furniture Co., Ltd., a mandatory respondent, are part of 
the PRC-Wide entity. Since the Preliminary Results, no interested 
parties submitted comments regarding our findings regarding all 36 
companies listed above. Therefore, for the final results, we continue 
to treat these entities as part of the PRC-Wide entity.
    Since the Preliminary Results, we have determined that Nanjing 
Nanmu made unreported sales of subject merchandise.\33\ Thus, we no 
longer find a basis to rescind the review with respect to Nanjing 
Nanmu. Further, Nanmu Nanjing did not provide a separate rate 
certification or application. Accordingly, we have determined that it 
is not eligible for a separate rate and we are treating Nanjing Nanmu 
as part of the PRC-wide entity.\34\
---------------------------------------------------------------------------

    \33\ See Issues and Decision Memorandum at Comment 33.
    \34\ See Issues and Decision Memorandum at Comment 33.
---------------------------------------------------------------------------

Adverse Facts Available (AFA)

    In the Preliminary Results, we noted that in accordance with 
sections 776(a)(2)(B) and 782(c)(1) of the Act, the use of facts 
available is appropriate for the PRC-wide entity. The Department 
assigned the rate of 216.01 percent, the highest rate on the record of 
any segment of the proceeding to all companies classified under the 
PRC-wide entity, as AFA.\35\ As no interested party commented on this 
determination regarding the PRC-wide entity, we have made no changes 
from our Preliminary Results with respect to this issue. In addition, 
the Department has determined that Nanjing Nanmu's actions, as part of 
the PRC-wide entity, provide an additional basis to apply AFA to the 
PRC-wide entity.\36\ In failing to report these sales to the 
Department, the PRC-wide Entity, which includes Nanjing Nanmu, withheld 
necessary information within the meaning of section 776(a) of the Act 
and failed to cooperate to the best of its ability within the meaning 
of section 776(b) of the Act.\37\
---------------------------------------------------------------------------

    \35\ See Preliminary Results.
    \36\ See Issues and Decision Memorandum at Comment 33.
    \37\ See generally, Issues and Decision Memorandum at Comment 
33.
---------------------------------------------------------------------------

    Also in the Preliminary Results, we determined that Fairmont failed 
to report certain sales and thus withheld necessary information within 
the meaning of section 776(a) of the Act and failed to act to the best 
of its ability to comply with the Department's requests for information 
within the meaning of section 776(b) of the Act regarding certain sales 
and factors of production information for subject merchandise. We 
therefore applied AFA to its unreported sales, pursuant to section 
776(b) of the Act. As partial AFA, we applied to the unreported sales a 
margin of 216.01 percent. Parties commented both on our decision to 
apply AFA and on our choice of which AFA rate to apply to Fairmont. 
After considering these comments, we have continued to apply as AFA to 
Fairmont's unreported sales a margin of 216.01 percent.\38\
---------------------------------------------------------------------------

    \38\ See Issues and Decision Memorandum at Comment 33.
---------------------------------------------------------------------------

Corroboration of Secondary Information

    Section 776(c) of the Act provides that, when the Department relies 
on secondary information rather than on information obtained in the 
course of an investigation or review, it shall, to the extent 
practicable, corroborate that information from independent sources that 
are reasonably at its disposal. Secondary information is defined as 
information derived from the petition that gave rise to the 
investigation or review, the final determination concerning the subject 
merchandise, or any previous review under section 751 of the Act 
concerning the subject merchandise.\39\ Corroborate means that the 
Department will satisfy itself that the secondary information to be 
used has probative value.\40\ To corroborate secondary information, the 
Department will, to the extent practicable, examine the reliability and 
relevance of the information to be used.\41\ Independent sources used 
to corroborate such evidence may include, for example, published price 
lists, official import statistics and customs data, and information 
obtained from interested parties during the particular investigation or 
review.\42\
---------------------------------------------------------------------------

    \39\ See SAA at 870.
    \40\ See id.
    \41\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished From Japan, and Tapered Roller Bearings, Four Inches or 
Less in Outside Diameter, and Components Thereof, From Japan; 
Preliminary Results of Antidumping Duty Administrative Reviews and 
Partial Termination of Administrative Reviews, 61 FR 57391, 57392 
(November 6, 1996) (unchanged in Tapered Roller Bearings and Parts 
Thereof, Finished and Unfinished, From Japan, and Tapered Roller 
Bearings, Four Inches or Less in Outside Diameter, and Components 
Thereof, From Japan; Final Results of Antidumping Duty 
Administrative Reviews and Termination in Part, 62 FR 11825 (March 
13, 1997)).
    \42\ See the SAA at 870; Notice of Preliminary Determination of 
Sales at Less Than Fair Value: High and Ultra-High Voltage Ceramic 
Station Post Insulators from Japan, 68 FR 35627, 35629 (June 16, 
2003) (unchanged in Notice of Final Determination of Sales at Less 
Than Fair Value: High and Ultra-High Voltage Ceramic Station Post 
Insulators from Japan, 68 FR 62560 (November 5, 2003)).
---------------------------------------------------------------------------

    The 216.01 AFA rate that the Department is using in this review is 
a company-specific rate calculated in the 2004-2005 New Shipper Review 
of the WBF order.\43\ No additional information has been presented in 
the current review which calls into question the

[[Page 50997]]

reliability of the information. Thus, we have determined this 
information continues to be reliable. With respect to the relevance 
aspect of corroboration, the Department will consider information 
reasonably at its disposal to determine whether a margin continues to 
have relevance. Where circumstances indicate that the selected margin 
is not appropriate as AFA, the Department will disregard the margin and 
determine an appropriate margin.\44\ Similarly, the Department does not 
apply a margin that has been discredited.\45\ To assess the relevancy 
of the rate used, the Department compared the transaction-specific 
margins calculated for Fairmont in the instant administrative review 
with the 216.01 percent rate calculated in the 2004-2005 New Shipper 
Review and found that the 216.01 percent margin was within the range of 
the margins calculated on the record of the instant administrative 
review. Because the dumping margins used to corroborate the AFA rate do 
not reflect unusually high dumping margins relative to the calculated 
rates determined for the cooperating respondent, the Department is 
satisfied that the dumping margins used for corroborative purposes 
reflect commercial reality because they are based upon real 
transactions that occurred during the POR, were subject to verification 
by the Department, and were sufficient in number both in terms of the 
number of sales and as a percentage of total sales quantity.\46\
---------------------------------------------------------------------------

    \43\ See Wooden Bedroom Furniture from the People's Republic of 
China: Final Results of the 2004-2005 Semi-Annual New Shipper 
Reviews, 71 FR 70739, 70741 (December 6, 2006)(2004-2005 New Shipper 
Review).
    \44\ See Fresh Cut Flowers From Mexico; Final Results of 
Antidumping Duty Administrative Review, 61 FR 6812, 6814 (February 
22, 1996) (where the Department disregarded the highest margin in 
that case as adverse best information available (the predecessor to 
facts available) because the margin was based on another company's 
uncharacteristic business expense resulting in an unusually high 
margin).
    \45\ See D&L Supply Co. v. United States, 113 F.3d 1220, 1221 
(Fed. Cir. 1997) (ruling that the Department will not use a margin 
that has been judicially invalidated).
    \46\ See the August 11, 2009 Corroboration Memorandum.
---------------------------------------------------------------------------

    Since the 216.01 percent margin is within the range of transaction-
specific margins on the record of this administrative review, the 
Department has determined that the 216.01 percent margin continues to 
be relevant for use as an AFA rate for the PRC-wide entity in this 
administrative review. Also, because this rate is within the range of 
Fairmont's transaction-specific margins in this review, we find the 
rate relevant as applied to Fairmont's unreported sales.
    As the adverse margin is both reliable and relevant, the Department 
has determined that it has probative value. Accordingly, the Department 
has determined that this rate meets the corroboration criterion 
established in section 776(c) of the Act. Fairmont has raised arguments 
with respect to the reliability and relevance of this rate as applied 
to Fairmont, which are addressed in the accompanying Issues and 
Decision Memorandum at Comment 31.

Final Partial Rescission of Administrative Review

    In the Preliminary Results, the Department announced its intent to 
rescind the administrative review with respect to the following 
companies because they all reported that they had made no shipments 
during the POR.
     Dalian Pretty Home Furniture.
     Dongguan Dihao Furniture Co., Ltd.
     Dongguan Mingsheng Furniture Co., Ltd.
     Dongguan Mu Si Furniture Co., Ltd.
     Dongguan Sunshine Furniture Co., Ltd.
     Fortune Furniture Ltd., Dongguan Fortune Furniture Ltd.
     Foshan Guanqiu Furniture Co., Ltd.
     Fujian Lianfu Forestry Co., Ltd., a.k.a. Fujian Wonder 
Pacific Inc. (Dare Group)
     Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group)
     Gaomi Yatai Wooden Ware Co., Ltd., Team Prospect 
International Ltd., Money Gain International Co.
     Golden Well International (HK), Ltd.
     Guangdong New Four Seas Furniture Manufacturing Ltd.
     Guangzhou Lucky Furniture Co. Ltd.
     Jiangsu Dare Furniture Co., Ltd. (Dare Group)
     Macau Youcheng Trading Co., Zhongshan Youcheng Wooden Arts 
& Crafts Co., Ltd.
     Nantong Yangzi Furniture Co., Ltd.
     Po Ying Industrial Co.
     Qingdao Beiyuan-Shengli Furniture Co., Ltd., Qingdao 
Beiyuan Industry Trading Co. Ltd.
     Qingdao Shengchang Wooden Co., Ltd.
     Shanghai Fangjia Industry Co., Ltd.\47\
---------------------------------------------------------------------------

    \47\ Shanghai Fangjia's only sales made during the POR were 
covered by a new shipper review covering the period January 1, 2008, 
through June 30, 2008 and thus are not subject to this review. See 
Wooden Bedroom Furniture From the People's Republic of China: Final 
Results of New Shipper Review, 74 FR 48905 (September 25, 2009).
---------------------------------------------------------------------------

     Shenzhen Shen Long Hang Industry Co., Ltd.
     Tianjin First Wood Co., Ltd.
     Winmost Enterprises Limited.
     Yeh Brothers World Trade, Inc.\48\
---------------------------------------------------------------------------

    \48\ See the memorandum to Abdelali Elouaradia Director, Office 
4 regarding the ``2008 Antidumping Duty Administrative Review of 
Wooden Bedroom Furniture from the People's Republic of China (PRC): 
Whether to Rescind the Review with Respect to Yeh Brothers World 
Trade, Inc.'' dated November 13, 2009 (in which the Department 
indicated that it intended to rescind the instant review with 
respect to Yeh Brothers).
---------------------------------------------------------------------------

     Zhangzhou XYM Furniture Product Co., Ltd.
    We confirmed these companies' claims by issuing a no-shipment 
inquiry to CBP and examining electronic CBP data. Our examination of 
shipment data from CBP for the above companies provided no indication 
that there were no entries of subject merchandise during the POR 
exported by these companies. We received no response from CBP regarding 
our no-shipment inquiry, which supports the companies' no-shipment 
certification. No other parties commented on our preliminary intent to 
rescind. Thus, there is no information or argument on the record of the 
current review that warrants reconsidering our preliminary decision to 
rescind. Therefore, we are rescinding this administrative review with 
respect to above-listed companies.

Final Results of the Review

    We determine that the following weighted-average percentage margins 
exist for the POR:

------------------------------------------------------------------------
                                                       Antidumping duty
                      Exporter                          percent margin
------------------------------------------------------------------------
Dongguan Sunrise Furniture Co., Ltd., Taicang                      43.23
 Sunrise Wood Industry Co., Ltd., Taicang Fairmount
 Designs Furniture Co., Ltd., and Meizhou Sunrise
 Furniture Co., Ltd................................
Longrange Furniture Co., Ltd.......................                43.23
Langfang Tiancheng Furniture Co., Ltd..............                43.23
Shun Feng Furniture Co., Ltd.......................                43.23
COE Ltd............................................                43.23
Tianjin Fortune Furniture Co., Ltd.................                43.23

[[Page 50998]]

 
Transworld (Zhangzhou) Furniture Co. Ltd...........                43.23
Decca Furniture Ltd., aka Decca....................                43.23
Dongguan Landmark Furniture Products Ltd...........                43.23
Winny Overseas, Ltd................................                43.23
Dongguan Yihaiwei Furniture Limited................                43.23
Baigou Crafts Factory of Fengkai...................                43.23
Zhongshan Gainwell Furniture Co. Ltd...............                43.23
PRC-Wide Entity \49\...............................               216.01
------------------------------------------------------------------------

Assessment Rates

    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, we 
calculated exporter/importer- (or customer) -specific assessment rates 
for merchandise subject to this review. Where appropriate, we 
calculated an ad valorem rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total entered values associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting ad valorem rate against the entered customs values for 
the subject merchandise. Where appropriate, we calculated a per-unit 
rate for each importer (or customer) by dividing the total dumping 
margins for reviewed sales to that party by the total sales quantity 
associated with those transactions. For duty-assessment rates 
calculated on this basis, we will direct CBP to assess the resulting 
per-unit rate against the entered quantity of the subject merchandise. 
Where an importer- (or customer) -specific assessment rate is de 
minimis (i.e., less than 0.50 percent), the Department will instruct 
CBP to assess that importer (or customer's) entries of subject 
merchandise without regard to antidumping duties. We intend to instruct 
CBP to liquidate entries containing subject merchandise exported by the 
PRC-wide entity at the PRC-wide rate we determine in the final results 
of this review. The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after publication of the final 
results of this review.
---------------------------------------------------------------------------

    \49\ As noted above, Shanghai Aosen Furniture Co., Ltd., a 
mandatory respondent, Inni Furniture, and Nanjing Nanmu are part of 
the PRC-wide entity.
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Cash-Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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 exporters 
listed above, the cash deposit rate will be the rates shown for those 
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 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.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).
    We are issuing and publishing these final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 11, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

Comment 1: Electricity
Comment 2: Water
Comment 3: Miscellaneous Veneer
Comment 4: Plywood
Comment 5: Curve Panel
Comment 6: Expanded Polyethylene Sheet
Comment 7: Bon Feet
Comment 8: Poly Vinyl Chloride Veneer
Comment 9: Name Corrections
Comment 10: Ministerial Errors
Comment 11: Water-Based Polymer Isocyanate
Comment 12: Inland Freight
Comment 13: Marine Insurance
Comment 14: Indirect Selling Expenses
Comment 15: Gross vs. Net Weight
Comment 16: Shipment Basis for Valuing Inputs
Comment 17: Assessment Rates
Comment 18: Identification in the Customs Module
Comment 19: Combination Rates
Comment 20: Duty Absorption with Regard to the Separate Rate 
Respondents
Comment 21: Particle Board
Comment 22: Brokerage and Handling
Comment 23: Veneered Boards
Comment 24: Treatment of Negative Margins
Comment 25: Glass
Comment 26: Freight Revenue
Comment 27: Calculation of the Indirect Selling Ratio
Comment 28: Unit of Measure for HTS Subheading 4421.90.99

[[Page 50999]]

Comment 29: Inventory Carrying Costs for Direct Shipments
Comment 30: Financial Ratios
Comment 31: Unreported Sales
Comment 32: Credit Expenses and Inventory Carrying Costs
Comment 33: Nanjing Nanmu
Comment 34: Labor

[FR Doc. 2010-20499 Filed 8-17-10; 8:45 am]
BILLING CODE P