Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews, 72794-72801 [2010-29828]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72794-72801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29828]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Preliminary Results of Antidumping Duty New Shipper Reviews

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

DATES: Effective Date: November 26, 2010.
SUMMARY: On March 1, 2010, the Department of Commerce (the 
``Department'') initiated three new shipper reviews of the antidumping 
duty order on wooden bedroom furniture from the People's Republic of 
China (``PRC'') covering sales of subject merchandise made by Dongguan 
Huansheng Furniture Co., Ltd. (``Huansheng''); Hangzhou Cadman Trading 
Co., Ltd. (``Cadman''); and Wanvog Furniture (Kunshan) Co., Ltd. 
(``Wanvog'') (collectively ``respondents'').\1\
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    \1\ See Wooden Bedroom Furniture from the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Reviews, 75 FR 
10214 (March 5, 2010) (``Initiation Notice'').
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    The Department preliminarily determines that Huansheng and Cadman 
have not made sales at less than normal value (``NV''). The Department 
also preliminarily determines that Wanvog made sales in the United 
States at prices below NV. If these preliminary results are adopted in 
our final results of review, the Department will instruct U.S. Customs 
and Border Protection (``CBP'') to assess antidumping duties on entries 
of subject merchandise during the period January 1, 2009 through 
December 31, 2009 (the period of review or ``POR''), for which the 
importer-specific assessment rates are above de minimis.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Rebecca Pandolph, AD/
CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2769 or (202) 482-3627, respectively.

SUPPLEMENTARY INFORMATION: 
    The antidumping duty order on wooden bedroom furniture from the PRC 
was published on January 4, 2005.\2\ On January 21, 2010, the 
Department received a timely request for a new shipper review from 
Huansheng. On January 29, 2010, the Department received timely requests 
for new shipper reviews from Wanvog and Cadman. On March 1, 2010, the 
Department initiated new shipper reviews of Huansheng, Wanvog, and 
Cadman. See Initiation Notice.
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    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture 
From the People's Republic of China, 70 FR 329 (January 4, 2005).
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    On March 2, 2010, the Department issued an antidumping duty 
questionnaire to Huansheng, Wanvog, and Cadman. From March 2010 through 
September 2010, the Department received timely questionnaire and 
supplemental questionnaire responses from Huansheng, Wanvog, and 
Cadman.
    On April 26, 2010, the Office of Policy issued a memorandum 
identifying six countries as being at a level of economic development 
comparable to the PRC for the instant POR. The countries identified in 
that memorandum are India, the Philippines, Indonesia, Thailand, 
Ukraine, and Peru.\3\ On April

[[Page 72795]]

27, 2010, the Department released the Policy Memorandum to interested 
parties and provided parties with an opportunity to submit comments 
regarding the selection of a surrogate country in the instant 
review.\4\ On May 18, 2010, the American Furniture Manufacturers 
Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. 
(collectively, Petitioners) provided comments on surrogate country 
selection.\5\ On June 15, 2010, Petitioners, Wanvog, and Huansheng 
provided publicly-available information to value factors of production 
(``FOP'').\6\ On June 21, 2010, Cadman provided publicly-available data 
to value its FOP.\7\ On July 29, 2010, the Department received entry 
documents from CBP, which supported all three respondents' contentions 
that they had not made a sale of subject merchandise prior to the POR 
for these new shipper reviews. See Memorandum to the File from the Team 
through Howard Smith, Program Manager, Office 4, regarding ``New 
Shipper Reviews of Wooden Bedroom Furniture from the People's Republic 
of China: U.S. Entry Documents,'' dated July 29, 2010.
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    \3\ See Memorandum entitled, ``Request for a List of Surrogate 
Countries for New Shipper Review of the Antidumping Duty Order on 
Wooden Bedroom Furniture (``Furniture'') from the People's Republic 
of China (``PRC''),'' dated April 26, 2010 (``Policy Memorandum'').
    \4\ See Letter from Howard Smith, Program Manager, Office 4, to 
All Interested Parties, requesting comments from interested parties 
regarding the selection of a surrogate country, dated April 27, 
2010.
    \5\ See Letter from Petitioners regarding, ``Wooden Bedroom 
Furniture From the People's Republic of China: Surrogate Country 
Comments,'' dated May 18, 2010 (``Petitioners' Surrogate Country 
Comments'').
    \6\ See Letter from Petitioners regarding, ``Wooden Bedroom 
Furniture From the People's Republic of China: Submission of 
Publicly Available Information to Value the Factors of Production,'' 
dated June 15, 2010 (``Petitioners' Surrogate Value Submission''); 
see Letter from Wanvog regarding, ``Wooden Bedroom Furniture from 
the People's Republic of China: Submission of Publicly Available 
Surrogate Values for the Factors of Production of Wanvog Furniture 
(Kunshan) Co., Ltd.,'' dated June 15, 2010 (``Wanvog's Surrogate 
Value Submission''); see also Letter from Dongguan Huansheng 
regarding, ``Wooden Bedroom Furniture from People's Republic of 
China--Dongguan Huansheng Surrogate Values for Preliminary 
Determination,'' dated June 15, 2010 (``Dongguan Huansheng's 
Surrogate Value Submission'').
    \7\ See Letter from Hangzhou Cadman regarding, ``Wooden Bedroom 
Furniture From the People's Republic of China: Hangzhou Cadman 
Surrogate Value Submission,'' dated June 21, 2010 (``Cadman's 
Surrogate Value Submission'').
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Period of Review

    The POR is January 1, 2009 through December 31, 2009.

Scope of the Order

    The product covered by the order is wooden bedroom furniture 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,\8\ highboys,\9\ lowboys,\10\ chests of drawers,\11\ chests,\12\ 
door chests,\13\ chiffoniers,\14\ hutches,\15\ and armoires; \16\ (6) 
desks, computer stands, filing cabinets, book cases, or writing tables 
that are attached to or incorporated in the subject merchandise; and 
(7) other bedroom furniture consistent with the above list.
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    \8\ A chest-on-chest is typically a tall chest-of-drawers in two 
or more sections (or appearing to be in two or more sections), with 
one or two sections mounted (or appearing to be mounted) on a 
slightly larger chest; also known as a tallboy.
    \9\ A highboy is typically a tall chest of drawers usually 
composed of a base and a top section with drawers, and supported on 
four legs or a small chest (often 15 inches or more in height).
    \10\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \11\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \12\ A chest is typically a case piece taller than it is wide 
featuring a series of drawers and with or without one or more doors 
for storing clothing. The piece can either include drawers or be 
designed as a large box incorporating a lid.
    \13\ A door chest is typically a chest with hinged doors to 
store clothing, whether or not containing drawers. The piece may 
also include shelves for televisions and other entertainment 
electronics.
    \14\ A chiffonier is typically a tall and narrow chest of 
drawers normally used for storing undergarments and lingerie, often 
with mirror(s) attached.
    \15\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \16\ An armoire is typically a tall cabinet or wardrobe 
(typically 50 inches or taller), with doors, and with one or more 
drawers (either exterior below or above the doors or interior behind 
the doors), shelves, and/or garment rods or other apparatus for 
storing clothes. Bedroom armoires may also be used to hold 
television receivers and/or other audio-visual entertainment 
systems.
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    The scope of the order excludes the following items: (1) Seats, 
chairs, benches, couches, sofas, sofa beds, stools, and other seating 
furniture; (2) mattresses, mattress supports (including box springs), 
infant cribs, water beds, and futon frames; (3) office furniture, such 
as desks, stand-up desks, computer cabinets, filing cabinets, 
credenzas, and bookcases; (4) dining room or kitchen furniture such as 
dining tables, chairs, servers, sideboards, buffets, corner cabinets, 
china cabinets, and china hutches; (5) other non-bedroom furniture, 
such as television cabinets, cocktail tables, end tables, occasional 
tables, wall systems, book cases, and entertainment systems; (6) 
bedroom furniture made primarily of wicker, cane, osier, bamboo or 
rattan; (7) side rails for beds made of metal if sold separately from 
the headboard and footboard; (8) bedroom furniture in which bentwood 
parts predominate; \17\ (9) jewelry armoires; \18\ (10) cheval mirrors; 
\19\ (11) certain metal parts; \20\

[[Page 72796]]

(12) mirrors that do not attach to, incorporate in, sit on, or hang 
over a dresser if they are not designed and marketed to be sold in 
conjunction with a dresser as part of a dresser-mirror set; (13) 
upholstered beds \21\ and (14) toy boxes.\22\
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    \17\ As used herein, bentwood means solid wood made pliable. 
Bentwood is wood that is brought to a curved shape by bending it 
while made pliable with moist heat or other agency and then set by 
cooling or drying. See Customs' Headquarters' Ruling Letter 043859, 
dated May 17, 1976.
    \18\ Any armoire, cabinet or other accent item for the purpose 
of storing jewelry, not to exceed 24 in width, 18 in depth, and 49 
in height, including a minimum of 5 lined drawers lined with felt or 
felt-like material, at least one side door (whether or not the door 
is lined with felt or felt-like material), with necklace hangers, 
and a flip-top lid with inset mirror. See Issues and Decision 
Memorandum from Laurel LaCivita to Laurie Parkhill, Office Director, 
Concerning Jewelry Armoires and Cheval Mirrors in the Antidumping 
Duty Investigation of Wooden Bedroom Furniture from the People's 
Republic of China, dated August 31, 2004. See also Wooden Bedroom 
Furniture from the People's Republic of China: Final Changed 
Circumstances Review, and Determination To Revoke Order in Part, 71 
FR 38621 (July 7, 2006).
    \19\ Cheval mirrors are any framed, tiltable mirror with a 
height in excess of 50 that is mounted on a floor-standing, hinged 
base. Additionally, the scope of the order excludes combination 
cheval mirror/jewelry cabinets. The excluded merchandise is an 
integrated piece consisting of a cheval mirror, i.e., a framed 
tiltable mirror with a height in excess of 50 inches, mounted on a 
floor-standing, hinged base, the cheval mirror serving as a door to 
a cabinet back that is integral to the structure of the mirror and 
which constitutes a jewelry cabinet line with fabric, having 
necklace and bracelet hooks, mountings for rings and shelves, with 
or without a working lock and key to secure the contents of the 
jewelry cabinet back to the cheval mirror, and no drawers anywhere 
on the integrated piece. The fully assembled piece must be at least 
50 inches in height, 14.5 inches in width, and 3 inches in depth. 
See Wooden Bedroom Furniture From the People's Republic of China: 
Final Changed Circumstances Review and Determination To Revoke Order 
in Part, 72 FR 948 (January 9, 2007).
    \20\ Metal furniture parts and unfinished furniture parts made 
of wood products (as defined above) that are not otherwise 
specifically named in this scope (i.e., wooden headboards for beds, 
wooden footboards for beds, wooden side rails for beds, and wooden 
canopies for beds) and that do not possess the essential character 
of wooden bedroom furniture in an unassembled, incomplete, or 
unfinished form. Such parts are usually classified under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheading 9403.90.7000.
    \21\ Upholstered beds that are completely upholstered, i.e., 
containing filling material and completely covered in sewn genuine 
leather, synthetic leather, or natural or synthetic decorative 
fabric. To be excluded, the entire bed (headboards, footboards, and 
side rails) must be upholstered except for bed feet, which may be of 
wood, metal, or any other material and which are no more than nine 
inches in height from the floor. See Wooden Bedroom Furniture from 
the People's Republic of China: Final Results of Changed 
Circumstances Review and Determination to Revoke Order in Part, 72 
FR 7013 (February 14, 2007).
    \22\ To be excluded the toy box must: (1) Be wider than it is 
tall; (2) have dimensions within 16 inches to 27 inches in height, 
15 inches to 18 inches in depth, and 21 inches to 30 inches in 
width; (3) have a hinged lid that encompasses the entire top of the 
box; (4) not incorporate any doors or drawers; (5) have slow-closing 
safety hinges; (6) have air vents; (7) have no locking mechanism; 
and (8) comply with American Society for Testing and Materials 
(``ASTM'') standard F963-03. Toy boxes are boxes generally designed 
for the purpose of storing children's items such as toys, books, and 
playthings. See Wooden Bedroom Furniture from the People's Republic 
of China: Final Results of Changed Circumstances Review and 
Determination to Revoke Order in Part, 74 FR 8506 (February 25, 
2009). Further, as determined in the scope ruling memorandum, 
``Wooden Bedroom Furniture from the People's Republic of China: 
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the 
dimensional ranges used to identify the toy boxes that are excluded 
from the wooden bedroom furniture order apply to the box itself 
rather than the lid.
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    Imports of subject merchandise are classified under subheading 
9403.50.9040 of the HTSUS as ``wooden * * * beds'' and under subheading 
9403.50.9080 of the HTSUS as ``other * * * wooden furniture of a kind 
used in the bedroom.'' In addition, wooden headboards for beds, wooden 
footboards for beds, wooden side rails for beds, and wooden canopies 
for beds may also be entered under subheading 9403.50.9040 of the HTSUS 
as ``parts of wood'' and framed glass mirrors may also be entered under 
subheading 7009.92.5000 of the HTSUS as ``glass mirrors * * * framed.'' 
The order covers all wooden bedroom furniture meeting the above 
description, regardless of tariff classification. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this proceeding is dispositive.

Bona Fide Sales Analysis

    Consistent with the Department's practice, the Department 
investigated the bona fide nature of the sales made by Huansheng, 
Wanvog, and Cadman for this review. In evaluating whether or not a 
single sale in a new shipper review is commercially reasonable, and 
therefore bona fide, the Department considers, inter alia, such factors 
as: (1) The timing of the sale; (2) the price and quantity; (3) the 
expenses arising from the transaction; (4) whether the goods were 
resold at a profit; and (5) whether the transaction was made on an 
arm's-length basis. See, e.g., Tianjin Tiancheng Pharmaceutical Co., 
Ltd. v. United States, 366 F. Supp. 2d 1246, 1250 (CIT 2005). 
Accordingly, the Department considers a number of factors in its bona 
fide analysis, ``all of which may speak to the commercial realities 
surrounding an alleged sale of subject merchandise.'' See Hebei New 
Donghua Amino Acid Co., Ltd. v. United States, 374 F. Supp. 2d 1333, 
1342 (CIT 2005) (citing Fresh Garlic From the People's Republic of 
China: Final Results of Antidumping Administrative Review and 
Rescission of New Shipper Review, 67 FR 11283 (March 13, 2002)).
    The Department preliminarily finds that the sales of subject 
merchandise made by Huansheng, Wanvog, and Cadman were made on a bona 
fide basis. Specifically, the Department preliminarily finds that: (1) 
The timing of the sales by themselves do not indicate that the sales 
might not be bona fide; (2) the price and quantity of the sales were 
within the range of the prices and quantities of other entries of 
subject merchandise from the PRC into the United States; (3) Huansheng, 
Wanvog, and Cadman and their customer(s) did not incur any 
extraordinary expenses arising from the transaction; (4) the new 
shipper sales were made between unaffiliated parties at arm's length; 
and (5) the merchandise was resold at a profit.\23\ Therefore, the 
Department has preliminarily found that Huansheng, Wanvog, and Cadmans' 
sales of subject merchandise to the United States were bona fide for 
purposes of these new shipper reviews.
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    \23\ See Memorandum to Abdelali Elouaradia, Director, AD/CVD 
Operations, Office 4, regarding, ``Antidumping Duty New Shipper 
Review of Wooden Bedroom Furniture from the People's Republic of 
China: Bona Fide Sales Analysis for Dongguan Huansheng Furniture 
Co., Ltd.,'' dated concurrently with the preliminary results; 
Memorandum to Abdelali Elouaradia, Director, AD/CVD Operations, 
Office 4, regarding, ``Antidumping Duty New Shipper Review of Wooden 
Bedroom Furniture from the People's Republic of China: Bona Fide 
Sales Analysis for Hangzhou Cadman Trading Co., Ltd.,'' dated 
concurrently with the preliminary results; and Memorandum to 
Abdelali Elouaradia, Director, AD/CVD Operations, Office 4, 
regarding, ``Antidumping Duty New Shipper Review of Wooden Bedroom 
Furniture from the People's Republic of China: Bona Fide Sales 
Analysis for Wanvog Furniture (Kunshan) Co., Ltd.,'' dated 
concurrently with the preliminary results.
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Non-Market Economy Country Status

    In every antidumping case conducted by the Department involving the 
PRC, the PRC has been treated as a non-market economy (``NME'') 
country.\24\ In accordance with section 771(18)(C)(i) of the Tariff Act 
of 1930, as amended (``the Act''), any determination that a foreign 
country is an NME country shall remain in effect until revoked by the 
administering authority. None of the parties to this proceeding has 
contested such treatment. Accordingly, the Department calculated NV in 
accordance with section 773(c) of the Act, which applies to NME 
countries.
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    \24\ See, e.g., Tapered Roller Bearings and Parts Thereof, 
Finished and Unfinished, From the People's Republic of China: 
Preliminary Results of 2001-2002 Administrative Review and Partial 
Rescission of Review, 68 FR 7500 (February 14, 2003) (unchanged in 
the final results, Tapered Rolling Bearings and Parts Thereof, 
Finished and Unfinished, from the People's Republic of China: Final 
Results of 2001-2002 Administrative Review and Partial Rescission of 
Review, 68 FR 70488 (December 18, 2003)).
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Separate Rates

    In proceedings involving NME countries, the Department has a 
rebuttable presumption that all companies within the country are 
subject to government control and thus should be assessed a single 
antidumping duty rate. It is the Department's policy to assign all 
exporters of subject merchandise in an NME country this single rate 
unless an exporter can demonstrate that it is sufficiently independent 
so as to be entitled to a separate rate. Exporters can demonstrate this 
independence through the absence of both de jure and de facto 
government control over export activities. The Department analyzes each 
entity exporting the subject merchandise under a test arising from the 
Final Determination of Sales at Less Than Fair Value: Sparklers From 
the People's Republic of China, 56 FR 20588 (May 6, 1991) (Sparklers), 
as further developed in Notice of Final Determination of Sales at Less 
Than Fair Value: Silicon Carbide From the People's Republic of China, 
59 FR 22585, 22586-7 (May 2, 1994) (Silicon Carbide). However, if the 
Department determines that a company is wholly foreign-owned or located 
in a market economy, then a separate rate analysis is not necessary to 
determine whether it is independent from government control. See Notice 
of Final Determination of Sales at Less Than

[[Page 72797]]

Fair Value: Creatine Monohydrate From the People's Republic of China, 
64 FR 71104, 71104-05 (December 20, 1999) (where the respondent was 
wholly foreign-owned and, thus, qualified for a separate rate).

Separate Rate Recipients

1. Wholly Foreign-Owned

    Wanvog provided evidence that during the POR it was a wholly 
foreign-owned company.\25\ Therefore, consistent with the Department's 
practice, further analysis is not necessary to determine whether 
Wanvog's export activities are independent from government control, and 
we have preliminarily granted a separate rate to Wanvog.

2. Wholly Chinese-Owned Companies
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    \25\ See letter from Wanvog regarding, ``Wooden Bedroom 
Furniture from the People's Republic of China: Section A 
Questionnaire Response of Wanvog Furniture (Kunshan) Co., Ltd.,'' 
dated March 30, 2010 at A-2-A-12 and Exhibits A-3 and A-4.
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    Cadman and Huansheng are wholly Chinese-owned companies and are 
located in the PRC. Therefore, the Department has analyzed whether they 
have demonstrated the absence of both de jure and de facto government 
control over their export activities.
A. Absence of De Jure Control
    The Department considers the following de jure criteria in 
determining whether an individual company may be granted a separate 
rate: (1) An absence of restrictive stipulations associated with an 
individual exporter's business and export licenses; (2) legislative 
enactments decentralizing control of companies; and (3) other formal 
measures by the government decentralizing control of companies. See 
Sparklers, 56 FR at 20589.
    The evidence provided by Cadman and Huansheng supports a 
preliminary finding of de jure absence of government control based on 
the following: (1) An absence of restrictive stipulations associated 
with Cadman's and Huansheng's business and export licenses; \26\ (2) 
applicable legislative enactments decentralizing control over PRC 
companies; \27\ and (3) formal measures by the government 
decentralizing control of PRC companies.\28\
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    \26\ See letter from Cadman regarding, ``Wooden Bedroom 
Furniture from the People's Republic of China; Section A 
Questionnaire Response of Hangzhou Cadman Trading Co., Ltd.,'' dated 
March 31, 2010 (``Cadman's Section A response'') at Exhibit 3; see 
also letter from Dongguan Huansheng regarding, ``Wooden Bedroom 
Furniture from People's Republic of China--Section A Response,'' 
dated March 23, 2010 (``Dongguan Huansheng's Section A response'') 
at Exhibit A-2.
    \27\ See Cadman's Section A response at Exhibit 2; Dongguan 
Huansheng's section A response at Exhibit A-1.
    \28\ See id.
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B. Absence of De Facto Control
    The Department considers four factors in evaluating whether each 
respondent is subject to de facto government control of its export 
functions: (1) Whether the export prices are set by or are subject to 
the approval of a government agency; (2) whether the respondent has 
authority to negotiate and sign contracts and other agreements; (3) 
whether the respondent has autonomy from the government in making 
decisions regarding the selection of management; and (4) whether the 
respondent retains the proceeds of its export sales and makes 
independent decisions regarding disposition of profits or financing of 
losses. See Silicon Carbide, 59 FR at 22586-87; see also Notice of 
Final Determination of Sales at Less Than Fair Value: Furfuryl Alcohol 
From the People's Republic of China, 60 FR 22544, 22545 (May 8, 1995). 
The Department has determined that an analysis of de facto control is 
critical in determining whether respondents are subject to a degree of 
government control which would preclude the Department from assigning 
separate rates.
    The evidence provided by Cadman and Huansheng supports a 
preliminary finding of de facto absence of government control over 
their export activities based on the following: (1) Cadman and 
Huansheng set their own export prices independent of the government and 
without the approval of a government authority; (2) Cadman and 
Huanshengs' general managers have the authority to negotiate and bind 
the company in an agreement; (3) Cadman and Huansheng maintain autonomy 
from the government in making decisions regarding the selection of 
management; and (4) Cadman and Huansheng retain the proceeds of their 
export sales and make independent decisions regarding disposition of 
profits or financing of losses.\29\
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    \29\ See Cadman's Section A response at A3-A17 and exhibits 4 
and 13; see also Dongguan Huansheng's Section A response at A2-A11 
and exhibits A-3, A-4, and A-6.
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    The evidence placed on the record by Cadman and Huansheng 
demonstrates an absence of de jure and de facto government control, in 
accordance with the criteria identified in Sparklers and Silicon 
Carbide. Accordingly, the Department has preliminarily granted separate 
rates to Cadman and Huansheng.

Surrogate Country

    When the Department conducts an antidumping duty new shipper review 
of imports from an NME country, section 773(c)(1) of the Act directs 
the Department to base NV, in most circumstances, on the NME producer's 
FOP valued in a surrogate market-economy country or countries 
considered appropriate by the Department. In accordance with section 
773(c)(4) of the Act, the Department will value FOP using ``to the 
extent possible, the prices or costs of factors of production in one or 
more market economy countries that are--(A) at a level of economic 
development comparable to that of the NME country, and (B) significant 
producers of comparable merchandise.'' Further, pursuant to 19 CFR 
351.408(c)(2), the Department will normally value all FOP in a single 
country, except for labor.
    In the instant review, the Department identified India, the 
Philippines, Indonesia, Thailand, Ukraine, and Peru as being at a level 
of economic development comparable to the PRC.\30\ Petitioners provided 
comments on the selection of a surrogate country by providing a 
submission from the fourth administrative review which contains an 
October 2007 report published by the international research firm CSIL 
Milano that demonstrates the significance of Philippine production of 
wooden furniture.\31\ No other parties commented on the selection of a 
surrogate country. In addition, Petitioners and the three respondents 
submitted publicly-available Philippine data for valuing FOP.\32\
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    \30\ See Policy Memorandum. The Department notes that these six 
countries are part of a non-exhaustive list of countries that are at 
a level of economic development comparable to the PRC.
    \31\ See Petitioners' May 18, 2010 submission at attachment.
    \32\ See Petitioners' June 15, 2010 submission; see Hangzhou 
Cadman's June 21, 2010 submission; see Dongguan Huansheng's June 15, 
2010 submission; see also Wanvog's June 15, 2010 submission.
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    Based on the information on the record, we find that the 
Philippines is a significant producer of comparable merchandise. 
Specifically, The Furniture Industry in the Philippines report 
indicates that in 2006, Philippine manufacturers produced furniture 
valued at $813 million and the Philippines exported furniture valued at 
$279 million.\33\ The State of the Sector Report on Philippine 
Furniture 2006 indicates that wooden furniture has replaced rattan as 
the most commonly

[[Page 72798]]

used material and accounted for 51 percent of all Philippine furniture 
exports.\34\ In addition, both The Furniture Industry in the 
Philippines and State of the Sector Report on Philippine Furniture 2006 
describes the furniture sector as comprised of approximately 15,000 
manufacturers and 800,000 workers.\35\ Thus, record evidence shows that 
the Philippines is a significant producer of merchandise that is 
comparable to the merchandise under review.
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    \33\ See Petitioners' May 18, 2010 submission at attachment 
entitled, ``2009 New Shipper Review of the Antidumping Duty Order on 
Wooden Bedroom Furniture from the People's Republic of China,'' 
dated January 15, 2010.
    \34\ See id.
    \35\ See id.
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    With respect to data considerations in selecting a surrogate 
country, both Petitioners and the three respondents have submitted 
publicly-available Philippine data for valuing FOP. In addition, the 
Department used the Philippines as the primary surrogate country in the 
second, third, and fourth administrative reviews of this 
proceeding.\36\ Therefore, based on its experience, the Department 
finds that the Philippines has, in the past, provided reliable, 
publicly-available data for valuing the FOP. However, for the input 
``natural gas,'' the Department has been unable to locate a suitable 
surrogate value from the Philippines. Therefore, we preliminarily 
determine to use India as a secondary surrogate country because the 
record shows that India is at a level of economic development 
comparable to that of the PRC \37\ and is a significant producer of 
merchandise comparable to subject merchandise.\38\ Moreover, India has 
publicly available, country-wide data that clearly identifies the 
relevant time period and prices for valuing gas.\39\
---------------------------------------------------------------------------

    \36\ See Wooden Bedroom Furniture from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, Preliminary Results of New Shipper Review and Partial 
Rescission of Administrative Review, 73 FR 8273, 8277-78 (February 
13, 2008) (unchanged in Wooden Bedroom Furniture from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review and New Shipper Review, 73 FR 49162 (August 20, 2008)); see 
Wooden Bedroom Furniture from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative and New 
Shipper Reviews and Partial Rescission of Review, 74 FR 6372, 6376 
(February 9, 2009) (unchanged in Wooden Bedroom Furniture from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and New Shipper Reviews, 74 FR 41374 (August 
17, 2009)); see also 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) (unchanged in Wooden Bedroom Furniture from 
the People's Republic of China: Final Results and Final Rescission 
in Part, 75 FR 50992 (August 18, 2010)).
    \37\ See Policy Memorandum.
    \38\ Memorandum to the File entitled, ``2009 New Shipper Reviews 
of Wooden Bedroom Furniture from the People's Republic of China: 
Surrogate Value Memorandum for the Preliminary Results,'' dated 
concurrently with the preliminary results (``Surrogate Value 
Memorandum'').
    \39\ See ``Factor Valuations'' below for further details.
---------------------------------------------------------------------------

    Thus, the Department has preliminarily selected the Philippines as 
the primary surrogate country because the record shows that the 
Philippines is at a level of economic development comparable to that of 
the PRC and is a significant producer of merchandise comparable to 
subject merchandise. Moreover, the record indicates that sufficient, 
contemporaneous, public Philippine data are readily-available.\40\ 
Accordingly, we have selected the Philippines as the surrogate country 
and, accordingly, have calculated NV using Philippine prices to value 
Cadman's, Huansheng's and Wanvog's FOP.\41\ In accordance with 19 CFR 
351.301(c)(3)(ii), interested parties may submit publicly-available 
information to value the FOP until 20 days after the date of 
publication of the preliminary results.\42\
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    \40\ See Petitioners' Surrogate Value Submission, Wanvog's 
Surrogate Value Submission, Dongguan Huansheng's Surrogate Value 
Submission, and Cadman's Surrogate Value Submission.
    \41\ See Surrogate Value Memorandum.
    \42\ In accordance with 19 CFR 351.301(c)(1), for the final 
results of this new shipper review, interested parties may submit 
factual information to rebut, clarify, or correct factual 
information submitted by an interested party less than ten days 
before, on, or after, the applicable deadline for submission of such 
factual information. However, the Department notes that 19 CFR 
351.301(c)(1) permits new information only insofar as it rebuts, 
clarifies, or corrects information placed on the record. The 
Department generally will not accept the submission of additional, 
previously absent-from-the-record alternative surrogate value 
information pursuant to 19 CFR 351.301(c)(1). See Glycine from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Rescission, in Part, 72 FR 58809 
(October 17, 2007) and accompanying Issues and Decision Memorandum 
at Comment 2.
---------------------------------------------------------------------------

Fair Value Comparisons

    In accordance with section 777(A)(d) of the Act, to determine 
whether Cadman, Huansheng and Wanvog sold wooden bedroom furniture to 
the United States at less than NV, the Department compared the export 
price (``EP'') and constructed export price (``CEP'') of U.S. sales to 
NV, as described in the ``U.S. Price'' and ``Normal Value'' sections of 
this notice.

U.S. Price

    In accordance with section 772(a) of the Act, the Department used 
EP as the basis for U.S. price for Huansheng's and Cadman's sales where 
the first sale to unaffiliated purchasers was made prior to importation 
and the use of CEP was not otherwise warranted. In accordance with 
section 772(c) of the Act, the Department calculated EP for Huansheng 
and Cadman by deducting the following expenses, where applicable, from 
the starting price (gross unit price) charged to the first unaffiliated 
customer in the United States: foreign inland freight from the plant to 
the port of exportation, and foreign brokerage and handling. 
Additionally, the Department based movement expenses on surrogate 
values where the service was purchased from a PRC company. For details 
regarding our EP calculations, see the Huansheng analysis memorandum 
entitled, ``Wooden Bedroom Furniture from the People's Republic of 
China: Preliminary Results Analysis Memorandum for Dongguan Huansheng 
Furniture Co., Ltd.,'' (``Huansheng Analysis Memorandum''), dated 
concurrently with the preliminary results, the Cadman analysis 
memorandum entitled, ``Wooden Bedroom Furniture from the People's 
Republic of China: Preliminary Results Analysis Memorandum for Hangzhou 
Cadman Trading Co., Ltd.,'' (``Cadman Analysis Memorandum''), dated 
concurrently with the preliminary results and the Surrogate Value 
Memorandum.
    In accordance with section 772(b) of the Act, the Department used 
CEP as the basis for U.S. price for Wanvog's sales where Wanvog first 
sold subject merchandise to its affiliated company in the United 
States, which in turn sold subject merchandise to unaffiliated U.S. 
customers. In accordance with section 772(b) of the Act, CEP is the 
price at which the merchandise under investigation is first sold (or 
agreed to be sold) in the United States before or after the date of 
importation by or for the account of the producer or exporter of such 
merchandise or by a seller affiliated with the producer or exporter, to 
a purchaser not affiliated with the producer or exporter, as adjusted 
under sections 772(c) and (d) of the Act. The Department calculated CEP 
for Wanvog based on delivered prices to unaffiliated purchasers in the 
United States and made deductions, where applicable, from the U.S. 
sales price for movement expenses in accordance with section 
772(c)(2)(A) of the Act. These movement expenses included foreign 
inland freight from the plant to the port of exportation, brokerage and 
handling, international freight, marine insurance, and U.S. customs 
duty. In accordance with section 772(d)(1) of the Act, the Department 
deducted credit expenses and indirect selling expenses from the U.S. 
price, all of which relate to commercial activity in the United States. 
Finally, the Department

[[Page 72799]]

deducted CEP profit, in accordance with sections 772(d)(3) and 772(f) 
of the Act. For details regarding the CEP calculation, see the Wanvog 
analysis memorandum entitled, ``Wooden Bedroom Furniture from the 
People's Republic of China: Preliminary Results Analysis Memorandum for 
Wanvog Furniture (Kunshan) Co., Ltd.,'' (``Wanvog Analysis 
Memorandum''), dated concurrently with these preliminary results.

Normal Value

    Section 773(c)(1) of the Act provides that the Department shall 
determine the NV using an FOP methodology if: (1) The merchandise is 
exported from an NME country; and (2) the information does not permit 
the calculation of NV using home-market prices, third-country prices, 
or constructed value under section 773(e) of the Act. When determining 
NV in an NME context, the Department will base NV on FOP, because the 
presence of government controls on various aspects of these economies 
renders price comparisons and the calculation of production costs 
invalid under our normal methodologies. Under section 773(c)(3) of the 
Act, FOP include, but are not limited to: (1) Hours of labor required; 
(2) quantities of raw materials employed; (3) amounts of energy and 
other utilities consumed; and (4) representative capital costs. The 
Department based NV on FOP reported by Huansheng, Wanvog, and Cadman 
for materials, energy, labor and packing.
    In accordance with 19 CFR 351.408(c)(1), the Department will 
normally use publicly-available surrogates to value FOP, but when a 
producer sources an input from a market economy and pays for it in 
market economy currency, the Department will normally value the factor 
using the actual price paid for the input. However, when the Department 
has reason to believe or suspect that such prices may be distorted by 
subsidies, the Department will disregard the market economy purchase 
prices and use surrogate values to determine the NV.\43\ Where the 
facts developed in either U.S. or third-country countervailing duty 
findings include the existence of subsidies that appear to be used 
generally (in particular, broadly available, non-industry specific 
export subsidies), the Department will have reason to believe or 
suspect that prices of the inputs from the country granting the 
subsidies may be subsidized.\44\
---------------------------------------------------------------------------

    \43\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Final Results of 
1998-1999 Administrative Review, Partial Rescission of Review, and 
Determination Not To Revoke Order in Part, 66 FR 1953 (January 10, 
2001) (``TRBs 1998-1999''), and accompanying Issues and Decision 
Memorandum at Comment 1.
    \44\ See TRBs 1998-1999 at Comment 1; see also China Nat'l. 
Machinery Imp. & Exp. Corp. v. United States, 293 F. Supp. 2d 1334, 
1338-39 (Ct. Int'l Trade 2003).
---------------------------------------------------------------------------

    In avoiding the use of prices that may be subsidized, the 
Department does not conduct a formal investigation to ensure that such 
prices are not subsidized, but rather relies on information that is 
generally available at the time of its determination.\45\
---------------------------------------------------------------------------

    \45\ See H.R. Rep. 100-576, at 590 (1988), reprinted in 1988 
U.S.C.C.A.N. 1547, 1623-24.
---------------------------------------------------------------------------

Factor Valuations

    In accordance with section 773(c) of the Act, we calculated NV 
based on FOP reported by Huansheng, Wanvog, and Cadman for the POR. To 
calculate NV, the Department multiplied the reported per-unit factor 
quantities by publicly-available Philippine and Indian surrogate 
values. In selecting the surrogate values, the Department considered 
the quality, specificity, and contemporaneity of the data. As 
appropriate, the Department adjusted input prices by including freight 
costs to make them delivered prices. Specifically, the Department added 
to Philippine import surrogate values a surrogate freight cost using 
the shorter of the reported distance from the domestic supplier to the 
respondent's factory or the distance from the nearest seaport to the 
respondent's factory where appropriate (i.e., where the sales terms for 
the market-economy imports were not delivered to the factory). This 
adjustment is in accordance with the decision of the Federal Circuit in 
Sigma Corp. v. United States, 117 F.3d 1401, 1407-08 (Fed. Cir. 1997).
    Where market-economy purchases of inputs were not made in 
significant quantities, we used import values for the POR from the 
Philippines National Statistics Office (``Philippines NSO'') reported 
in U.S. dollars on a cost, insurance, and freight (``CIF'') basis to 
value the following inputs: Woods (e.g., pine, particleboard, etc.), 
adhesives and finishing materials (e.g., glue, paints, sealer, lacquer, 
etc.), hardware (e.g., nails, staples, screws, bolts, knobs, pulls, 
drawer slides, hinges, clasps, etc.), other materials (e.g., mirrors, 
glass, leather, cloth, sponge, etc.), and packing materials (e.g., 
cardboard, cartons, plastic film, labels, tape, etc.). The Philippines 
NSO is the only data source on the record that provides data on a net 
weight basis, which is the same basis as reported by Huansheng, Wanvog, 
and Cadman in reporting FOP. For a detailed description of all 
surrogate values used to value the reported FOP, see Surrogate Value 
Memorandum.
    Where we could not obtain publicly-available information 
contemporaneous with the POR with which to value FOP, we inflated (or 
deflated) the surrogate values using the Philippine Wholesale Price 
Index or the Indian Wholesale Price Index as published in the 
International Financial Statistics of the International Monetary Fund.
    On May 14, 2010, the Court of Appeals for the Federal Circuit 
(``CAFC'') in Dorbest Ltd. v. United States, 604 F.3d 1363, 1372 (CAFC 
2010) (``Dorbest IV''), found that the ``{regression-based{time}  
method for calculating wage rates {as stipulated by 19 CFR 
351.408(c)(3){time}  uses data not permitted by {the statutory 
requirements laid out in section 773 of the Act (i.e., 19 U.S.C. 
1677b(c)){time} .'' The Department is continuing to evaluate options 
for determining labor values in light of the recent CAFC decision.
    For the preliminary results of these new shipper reviews, the 
Department is valuing labor using a simple average industry-specific 
wage rate using earnings or wage data reported under Chapter 5B by the 
International Labor Organization (``ILO''). To achieve an industry-
specific labor value, we relied on industry-specific labor data from 
the countries we determined to be both economically comparable to the 
PRC and significant producers of comparable merchandise. A full 
description of the industry-specific wage rate calculation methodology 
is provided in the Surrogate Value Memorandum. The Department 
calculated a simple average industry-specific wage rate of $1.20 for 
these preliminary results. Specifically, for this review, the 
Department has calculated the wage rate using a simple average of the 
data provided to the ILO under Sub-Classification 36 of the ISIC-
Revision 3 standard by countries determined to be both economically 
comparable to the PRC and significant producers of comparable 
merchandise. The Department finds the two-digit description under 
International Standard Industrial Classification--Revision 3 
(``Manufacture of furniture; manufacturing n.e.c.'') to be the best 
available wage rate surrogate value on the record because it is 
specific and derived from industries that produce merchandise 
comparable to the subject merchandise. Consequently, we averaged the 
ILO industry-specific wage rate data or earnings data available from 
the following countries found to be economically comparable to the PRC 
and significant producers of comparable merchandise: Ecuador, Egypt,

[[Page 72800]]

Indonesia, Jordan, Peru, the Philippines, Thailand, and Ukraine. For 
further information on the calculation of the wage rate, see Surrogate 
Value Memorandum.
    We valued electricity using contemporaneous Philippine data from 
The Cost of Doing Business in Camarines Sur, which is available at the 
Philippine government's Web site for the province: https://www.camarinessur.gov.ph. These data pertain only to industrial 
consumption. See Surrogate Value Memorandum.
    We valued natural gas using April through June 2002 data from the 
Gas Authority of India Ltd. (``GAIL''). To be contemporaneous with the 
POR, the Department inflated this factor value using the POR-average 
wholesale price index for India.
    We calculated the value of domestic brokerage and handling using 
World Bank's Doing Business in the Philippines report.
    We calculated the surrogate value for truck freight using 
Philippine data from The Cost of Doing Business in Camarines Sur, which 
we have printed from the Philippine government's Web site for the 
province https://www.camarinessur.gov.ph) and placed upon the record 
with the Surrogate Value Memorandum.
    We valued factory overhead, selling, general, and administrative 
(``SG&A'') expenses, and profit, using the audited financial statements 
for the fiscal year ending December 31, 2008, from the following 
producers: APY Cane International; Arkane International Corporation; 
Berbenwood Industries Inc.; Clear Export Industries, Inc.; Diretso 
Design Furnitures, Inc.; Heritage Muebles Mirabile Export Inc.; Horizon 
International Manufacturing, Inc.; Insular Rattan and Native Products 
Corp.; Interior Crafts Of The Islands, Inc.; Las Palmas Furniture, 
Inc.; and Wicker & Vine, Inc., which are Philippine producers of 
merchandise identical to subject merchandise that received no 
countervailable subsidies and that earned a before-tax profit in 2008. 
From this information, we were able to determine factory overhead costs 
as a percentage of the total raw materials, labor and energy (``ML&E'') 
costs; SG&A expenses as a percentage of ML&E plus overhead costs (i.e., 
cost of manufacture); and the profit rate as a percentage of the cost 
of manufacture plus SG&A expenses. For further discussion, see 
Surrogate Value Memorandum.

Currency Conversion

    We made currency conversions into U.S. dollars, in accordance with 
section 773A(a) of the Act, based on the exchange rates in effect on 
the dates of the U.S. sales as certified by the Federal Reserve Bank.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period January 1, 2009, 
through December 31, 2009:

------------------------------------------------------------------------
                                                             Weighted-
                  Exporter/manufacturer                   average margin
                                                             (percent)
------------------------------------------------------------------------
Exported and Produced by Dongguan Huansheng Furniture                  0
 Co., Ltd...............................................
Exported and Produced by Wanvog Furniture (Kunshan) Co.,            2.69
 Ltd....................................................
Exported by Hangzhou Cadman Trading Co., Ltd. and                      0
 Produced by Haining Changbei Furniture Co., Ltd........
------------------------------------------------------------------------

Disclosure

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Public Comment

    Interested parties may submit written comments no later than 30 
days after the date of publication of these preliminary results of 
review. See 19 CFR 351.309(c). Rebuttals to written comments must be 
limited to the issues raised in the written comments and may be filed 
no later than five days after the deadline for filing case briefs. See 
19 CFR 351.309(d). Further, parties submitting written comments and 
rebuttal comments are requested to provide the Department with an 
additional copy of those comments on a compact disk. Any interested 
party may request a hearing within 30 days of publication of these 
preliminary results. See 19 CFR 351.310(c). If requested, a hearing 
normally will be held two days after the scheduled date for submission 
of rebuttal comments. See 19 CFR 351.310(d). Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
    The Department will issue the final results of these new shipper 
reviews, which will include the results of its analysis of any issues 
raised in written comments, within 90 days of the date on which these 
preliminary results are issued, in accordance with 19 CFR 
351.214(i)(1), unless the time limit is extended. See 19 CFR 
351.214(i)(2).

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department will determine, and 
CBP shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of these 
reviews. For assessment purposes, the Department will calculate 
importer-specific (or customer) ad valorem duty assessment rates based 
on the ratio of the total amount of the dumping margins calculated for 
the examined sales to the total entered value of those same sales. The 
Department will instruct CBP to assess antidumping duties on all 
appropriate entries covered by these reviews if any importer-specific 
assessment rate calculated in the final results of these reviews is 
above de minimis. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of these reviews.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these new shipper reviews for 
shipments of subject merchandise from Huansheng, Wanvog, and Cadman 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
The cash deposit rate for the exporter/producer combinations listed in 
the table above will be the cash deposit rate established for that 
combination in the final results of these reviews; (2) for subject 
merchandise exported by Huansheng but not produced by Huansheng, 
exported by Wanvog but not produced by Wanvog, and exported by Cadman 
but not produced by Haining Changbei Furniture Co., Ltd. (``Haining 
Changbei''), the cash deposit rate will continue to be the PRC-wide 
rate of 216.01 percent; (3) for subject merchandise produced by 
Huansheng but not exported by Huansheng or produced by Wanvog but not 
exported by Wanvog, the cash deposit rate will be the rate applicable 
to the exporter; and (4) for subject merchandise produced by Haining 
Changbei but not exported by Cadman, the cash deposit rate will be the 
rate applicable to the exporter. If the cash deposit rate calculated in 
the final results of these reviews is zero or de minimis, for one of 
the exporter/producer combinations listed in the table above, no cash 
deposit will be required for entries of subject merchandise from that 
exporter/

[[Page 72801]]

producer combination. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Interested Parties

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing this determination in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 
351.214(h) and 351.221(b)(4).

    Dated: November 16, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29828 Filed 11-24-10; 8:45 am]
BILLING CODE 3510-DS-P