Wooden Bedroom Furniture From the People's Republic of China: Final Results and Final Rescission in Part, 49729-49735 [2011-20434]
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Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices
preliminary results if it determines it is
not practicable to complete the review
within the foregoing time period.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Extension of Time Limit for Final
Results of Review
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Extension of Time Limit for
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is extending the time
limit for the final results of the
administrative review of certain frozen
warmwater shrimp (‘‘shrimp’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). The review covers the
period February 1, 2009, through
January 31, 2010.
DATES: Effective Date: August 11, 2011.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, Paul Walker, or Jerry
Huang, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–4031,
(202) 482–0413, or (202) 482–4047,
respectively.
AGENCY:
On March 4, 2011, the Department
published the preliminary results of the
review of shrimp from Vietnam. See
Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam:
Preliminary Results, Partial Rescission,
and Request for Revocation, In Part, of
the Fifth Administrative Review, 76 FR
12054 (March 4, 2011). The final results
are currently due no later than August
16, 2011. See Certain Frozen
Warmwater Shrimp from the Socialist
Republic of Vietnam: Extension of Final
Results of Antidumping Duty
Administrative Review, 76 FR 36519
(June 22, 2011).
Statutory Time Limits
srobinson on DSK4SPTVN1PROD with NOTICES
Dated: August 5, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–20435 Filed 8–10–11; 8:45 am]
BILLING CODE 3510–DS–P
Background
In antidumping duty administrative
reviews, section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), requires the Department to make
a final determination in an
administrative review of an
antidumping duty order 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
120-day period to 180 days after the
VerDate Mar<15>2010
We determine that it is not practicable
to complete the final results of this
administrative review within the 120day time limit, as currently extended,
because the Department requires
additional time to analyze issues in case
and rebuttal briefs submitted by parties,
including comments on surrogate
country selection, the wage rate
calculation, and shrimp surrogate value.
Therefore, in accordance with section
751(a)(3)(A) of the Act, the Department
is extending the time period for
completion of the final results of this
review, which is currently due on
August 16, 2011, by 15 days to 180 days
after the date on which the preliminary
results were published. Therefore, the
final results are now due no later than
August 31, 2011.
We are issuing and publishing this
notice in accordance with sections
751(a)(3)(A) and 777(i) of the Act.
15:59 Aug 10, 2011
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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
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 10, 2011, 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,
2009 through December 31, 2009.1 We
gave 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
AGENCY:
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, 76 FR 7534
(February 10, 2011) (Preliminary Results).
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49729
review. The final dumping margins for
this review are listed in the ‘‘Final
Results of the Review’’ section below.
DATES: Effective Date: August 11, 2011.
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 and (202)
482–3627, respectively.
Background
On March 11, 2011, the Department
issued a memorandum finding that
Dalian Huafeng Furniture Group Co.,
Ltd. (Huafeng) is the successor-ininterest to Dalian Huafeng Furniture
Co., Ltd. for purposes of this proceeding
and for the application of the
antidumping law.
Between March 14, 2011, and March
22, 2011, Petitioners,2 Huafeng,
Dongguan Great Reputation Furniture
Co., Ltd., Home Meridian International,
Inc, d/b/a Samuel Lawrence Furniture
Co. and Pulaski Furniture Company
(Home Meridian), Import Services, Inc.,
Hooker Furniture Corporation, Nantong
Yangzi Furniture Co., Ltd. (Nantong
Yangzi), and Dongguan Cambridge
Furniture Co., Ltd. and Glory Oceanic
Co., Ltd. (collectively Cambridge),
Butler Woodcrafters, Inc., Barry Imports
East Corp., and Zhangjiagang Zheng Yan
Decoration Co., Ltd. (ZYD), submitted
case briefs to the Department. On March
24, 2011, the Department rejected a
portion of Huafeng’s case brief due to
the inclusion of untimely new factual
information. On March 25, 2011,
Huafeng resubmitted its case brief with
the new factual information excluded.
On March 28, 2011, Petitioners,
Huafeng, Home Meridian, Import
Services, Inc., Nantong Yangzi, and
Cambridge filed rebuttal briefs with the
Department.
On March 7, 2011, the Department
received surrogate value (SV)
information from interested parties and
placed SV information for truck freight
on the record.3 On March 17, 2011,
Petitioners filed information with the
Department which they claimed
rebutted, clarified, or corrected SV
information placed on the record after
the Preliminary Results of the review
were issued. On March 21, 2011, the
2 Petitioners are the American Furniture
Manufactures Committee for Legal Trade and
Vaughan-Bassett Furniture Company, Inc.
(Petitioners).
3 See Memorandum to the File regarding
‘‘Antidumping Duty Administrative Review of
Wooden Bedroom Furniture from the People’s
Republic of China,’’ dated March 7, 2011.
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Department requested that interested
parties withhold comments regarding
the SV for truck freight from their case
briefs because it was considering
whether to accept Petitioners’ March 17,
2011, rebuttal SV submission. On April
18, 2011, the Department rejected a
portion of Petitioners’ March 17, 2011,
rebuttal SV submission but allowed
Petitioners to refile the submission
without the rejected information.
Petitioners submitted a redacted version
of their March 17, 2011, rebuttal SV
submission on April 19, 2011. On April
18, 2011, the Department extended the
deadline for case and rebuttal briefs
regarding the valuation of truck freight
until April 21, 2011, and April 25, 2011,
respectively. On April 21, 2011, the
Department received a case brief
regarding truck freight from Petitioners.
On April 25, 2011, Huafeng submitted a
rebuttal brief regarding truck freight.
On May 20, 2011, the Department
issued a memorandum further
explaining its decision in the
Preliminary Results not to extend the
time for Petitioners to withdraw their
request for a review of ZYD.4 On May
25, 2011, ZYD commented on this post
preliminary memorandum.
On June 10, 2011, the Department
extended the time period for completing
the final results of the instant
administrative review.5 On July 13,
2011, the Department further extended
the time period for completing the final
results of the instant administrative
review.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this review
are addressed in the Memorandum from
Christian Marsh, 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 July
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4 See
Memorandum from Abdelali Elouaradia,
Director, Office 4 to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations ‘‘Wooden Bedroom
Furniture from the People’s Republic of China:
Untimely Withdrawal of Request for Administrative
Review of Zhangjiagang Zheng Yan Decoration Co.,
Ltd. dated May 20, 2011.
5 See Wooden Bedroom Furniture from the
People’s Republic of China: Extension of the Time
Limit for the Final Results of the Antidumping Duty
Administrative Review, 76 FR 34043 (June 10,
2011).
6 See Wooden Bedroom Furniture from the
People’s Republic of China: Extension of the Time
Limit for the Final Results of the Antidumping Duty
Administrative Review, 76 FR 41215 (July 13, 2011).
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15:59 Aug 10, 2011
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11, 2011, which is hereby adopted by
this notice (Issues and Decision
Memorandum). A list of the issues
which parties raised and to which we
responded in the Issues and Decision
Memorandum is attached to this notice
as an Appendix. The Issues and
Decision Memorandum is a public
document and is on file in the Central
Records Unit, Main Commerce Building,
Room 7046, and is accessible on the
Web at https://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 the
following changes:
Surrogate Values 7
• We valued Huafeng’s plywood
inputs based on Philippine imports of
HTS subheading 4412.13.10. See
Comment 7 of the Issues and Decision
Memorandum.
• We valued Huafeng’s self-adhesive
tape inputs based on Philippine imports
of HTS subheading 3919.10.90. See
Comment 8 of the Issues and Decision
Memorandum.
• We valued Huafeng’s glue
consumed as overhead based on
Philippine imports of HTS subheading
3506.91. See Comment 10 of the Issues
and Decision Memorandum.
• We recalculated the surrogate
financial ratios using additional
financial statements that were provided
after the Preliminary Results were
issued and after changing our treatment
of certain financial statement line items.
See Comment 19 of the Issues and
Decision Memorandum.
Ministerial Errors 8
• We corrected the calculation of
indirect selling expenses deducted from
U.S. price. See Comment 12 of the
Issues and Decision Memorandum.
• We corrected our conversion of
square meters of oak veneer into cubic
decimeters. See Comment 13 of the
Issues and Decision Memorandum.
• We removed the quantity of
electricity consumed by the samples
workshop from the quantity of
electricity consumption allocated to
subject merchandise. See Comment 2 of
the Issues and Decision Memorandum.
7 For all changes to SVs, see the July 11, 2011
Final Results Surrogate Value Memorandum.
8 For all corrections to ministerial errors, see the
July 11, 2011 Final Results Analysis Memorandum.
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Other Changes 9
• We calculated the per-unit
brokerage and handling SV using a
different weight. See Comment 6 of the
Issues and Decision Memorandum.
• We added the quantity of electricity
consumed to the factors of production
used in assembling cardboard cartons.
Period of Review
The period of review (POR) is January
1, 2009, through December 31, 2009.
Scope of the Order
The product covered by the order is
WBF. WBF 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) chestson-chests,10 highboys,11 lowboys,12
chests of drawers,13 chests,14 door
9 See also the Final Results Analysis
Memorandum.
10 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.
11 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).
12 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
13 A chest of drawers is typically a case
containing drawers for storing clothing.
14 A chest is typically a case piece taller than it
is wide featuring a series of drawers and with or
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chests,15 chiffoniers,16 hutches,17 and
armoires;18 (6) desks, computer stands,
filing cabinets, book cases, or writing
tables that are attached to or
incorporated in the subject
merchandise; and (7) other bedroom
furniture consistent with the above list.
The scope of the order excludes the
following items: (1) Seats, chairs,
benches, couches, sofas, sofa beds,
stools, and other seating furniture; (2)
mattresses, mattress supports (including
box springs), infant cribs, water beds,
and futon frames; (3) office furniture,
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; 19
(9) jewelry armories; 20 (10) cheval
without one or more doors for storing clothing. The
piece can either include drawers or be designed as
a large box incorporating a lid.
15 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.
16 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
17 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
18 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.
19 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 CBP’s Headquarters Ruling
Letter 043859, dated May 17, 1976.
20 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).
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15:59 Aug 10, 2011
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mirrors; 21 (11) certain metal parts; 22
(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 23 and (14) toy
boxes.24
Imports of subject merchandise are
classified under subheadings
21 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 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).
22 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 HTSUS subheadings 9403.90.7005,
9403.90.7010, or 9403.90.7080.
23 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).
24 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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49731
9403.50.9042 and 9403.50.9045 25 of the
U.S. Harmonized Tariff Schedule
(‘‘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 9403.50.9042
or 9403.50.9045 of the HTSUS as ‘‘parts
of wood.’’ Subject merchandise may
also be entered under subheadings
9403.50.9041 or 9403.60.8081.26
Further, framed glass mirrors may be
entered under subheading
7009.92.100027 or 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
determined that the following
companies demonstrated their eligibility
for separate-rate status: (1) Huafeng; (2)
Baigou Crafts Factory of Fengkai; (3)
Dongguan Bon Ten Furniture Co., Ltd.;
(4) Dongguan Kin Feng Furniture Co.,
Ltd.; (5) Dongguan Singways Furniture
Co., Ltd.; (6) Dongguan Sunshine
Furniture Co., Ltd.; (7) Hong Kong Da
Zhi Furniture Co., Ltd., Dongguan
Grand Style Furniture Co., Ltd.; (8)
Longkou Huangshan Furniture Factory;
(9) Nanhai Baiyi Woodwork Co. Ltd.;
(10) Nanjing Nanmu Furniture Co., Ltd.;
(11) Season Furniture Manufacturing
Co., Season Industrial Development Co.;
(12) Shenyang Shining Dongxing
Furniture Co., Ltd.; (13) Shenzhen Shen
Long Hang Industry Co., Ltd.; (14)
Wanhengtong Nueevder (Furniture)
Manufacture Co., Ltd., Dongguan
Wanengtong Industry Co., Ltd.; (15)
Xilinmen Furniture Co., Ltd.; (16)
Zhangjiagang Zheng Yan Decoration Co.
Ltd., and (17) Zhangjiang Sunwin Arts
& Crafts Co., Ltd. For these final results,
25 These HTSUS numbers, as well as the numbers
in footnote 20, reflect the HTSUS numbers
currently in effect. These numbers differ from those
used in the last completed antidumping duty
administrative review of WBF from the PRC
because the HTSUS has been revised.
26 These HTSUS numbers were added to the
scope in the 2009 Annual New Shipper Review of
the proceeding. See Wooden Bedroom Furniture
from the People’s Republic of China: Final Results
of Antidumping Duty New Shipper Reviews, 76 FR
9747 (February 22, 2011).
27 Id.
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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 that were not selected for
individual examination in this review
we continue to find they should be
granted a separate rate because they are
wholly owned by individuals or
companies located in a market
economy: (1) Cheng Meng Furniture
(PTE) Ltd., Cheng Meng Decoration &
Furniture (Suzhou) Co., Ltd.; (2) COE,
Ltd; (3) Dongguan Hero Way Woodwork
Co., Ltd., Dongguan Da Zhong
Woodwork Co., Ltd., Hero Way
Enterprises Ltd., Well Earth
International Ltd.; (4) Dongguan
Liaobushangdun Huada Furniture
Factory, Great Rich (HK) Enterprise Co.,
Ltd.; (5) Eurosa (Kunshan) Co., Ltd.,
Eurosa Furniture Co., (PTE) Ltd.; (6)
Garri Furniture (Dong Guan) Co., Ltd.,
Molabile International, Inc. Weei Geo
Enterprise Co., Ltd.; (7) Hualing
Furniture (China) Co., Ltd., Tony House
Manufacture (China) Co., Ltd., Buysell
Investments Ltd., Tony House Industries
Co., Ltd.; (8) Jardine Enterprise, Ltd.; (9)
Winny Overseas, Ltd; (10) Meikangchi
(Nantong) Furniture Company Ltd.; and
(11) Zhong Shan Fullwin Furniture Co.,
Ltd. As wholly foreign-owned
companies, we have no evidence
indicating that these companies are
under the control of the PRC
government. Therefore, a separate-rate
analysis is not necessary to determine
whether these companies are
independent from government
control.28
Since the Preliminary Results, the
only comments received regarding our
separate rate determinations were from
parties noting that the Department failed
to mention Dongguan Cambridge
Furniture Co., Ltd., Glory Oceanic Co.,
Ltd. and Dongguan Great Reputation
Furniture Co., Ltd. in its preliminary
separate rate determination. Parties
claimed that the Department apparently
overlooked the separate rate
submissions by these companies. We
agree that in the Preliminary Results, we
inadvertently omitted Dongguan
28 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 71104–05 (December 20,
1999) (where the Department determined that a
respondent that was wholly foreign-owned
qualified for a separate rate).
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15:59 Aug 10, 2011
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Cambridge Furniture Co., Ltd., Glory
Oceanic Co., Ltd. and Dongguan Great
Reputation Furniture Co., Ltd. from the
list of companies that had demonstrated
their eligibility to receive a separate
rate.29 Therefore, for the final results,
we have granted these companies a
separate rate.
Companies Not Providing Separate Rate
Certifications or Applications
In the Preliminary Results, we stated
that the following nine companies or
company groupings 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:
• Dongguan Creation Furniture Co.,
Ltd., Creation Industries Co., Ltd.
• Foshan Guanqiu Furniture Co., Ltd.
• Jiangsu Weifu Group Fullhouse
Furniture Mfg. Corp.
• Link Silver Ltd. (V.I.B.), Forward Win
Enterprises Company Limited,
Dongguan Haoshun Furniture Ltd.
• Nantong Yushi Furniture Co., Ltd.
• Shanghai Aosen Furniture Co., Ltd.
• Shenzhen Xiande Furniture Factory
• Tarzan Furniture Industries, Ltd.,
Samso Industries Ltd.
• Tianjin Master Home Furniture
In the Preliminary Results, we also
found that (1) Nantong Yangzi, (2)
Zhongshan Gainwell Furniture Co., Ltd.,
and (3) Dongguan Landmark Furniture
Products Ltd. shipped subject
merchandise during the POR, had not
filed separate rate certifications or
applications and thus we treated these
companies as part of the PRC-wide
entity. Since the Preliminary Results,
aside from Nantong Yangzi,30 no
interested parties submitted comments
regarding the companies listed above. In
Comment 14 of the accompanying
Issues and Decision Memorandum, we
addressed Nantong Yangzi’s comments
and determined not to rescind the
review with respect to Nantong Yangzi.
Therefore, for the final results, we
continue to treat these entities as part of
the PRC–Wide entity.
Adverse Facts Available (AFA)
In the Preliminary Results, we
determined that in accordance with
sections 776(a)(2)(A) and (C) and 776(b)
of the Act, the use of AFA is appropriate
for the PRC-wide entity. The
Department assigned a dumping margin
of 216.01 percent, the highest rate on
29 See Issues and Decision Memorandum at
Comment 15.
30 See Issues and Decision Memorandum at
Comment 14.
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Sfmt 4703
the record of any segment of the
proceeding to all companies that are
part of the PRC-wide entity, as AFA.31
No interested party commented on this
determination regarding the PRC-wide
entity and we have made no changes
from our Preliminary Results with
respect to this issue.
Also in the Preliminary Results, we
determined that Huafeng failed to report
certain sales and thus withheld
necessary information within the
meaning of section 776(a)(2)(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. We
therefore applied a dumping margin
based on AFA to Huafeng’s 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 the AFA rate applied to
Huafeng. After considering these
comments, we have continued to apply
to Huafeng’s unreported sales an AFA
margin of 216.01 percent.32
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.33 To corroborate means
that the Department will satisfy itself
that the secondary information to be
used has probative value.34 To
corroborate secondary information, the
Department will, to the extent
practicable, examine the reliability and
relevance of the information to be
used.35 Independent sources used to
31 See
Preliminary Results.
Issues and Decision Memorandum at
Comment 1.
33 See the Statement of Administrative Action
accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103–316 Vol. 1 at 870 (1994) (SAA).
34 See Id.
35 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
32 See
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corroborate such information 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.36
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.37 No additional information
has been presented in the current
review which calls into question the
reliability of this secondary information.
Thus, we have determined that this
secondary 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.38 Similarly, the Department
does not apply a margin that has been
discredited.39 To assess the relevancy of
the rate used, the Department compared
the transaction-specific margins
calculated for Huafeng 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 calculated margins on the
record of the instant administrative
review. Because the dumping margins
used to corroborate the AFA rate are not
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 and were
subject to verification by the
Department.40
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
Huafeng’s transaction-specific margins
in this review, we find the rate relevant
to Huafeng’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. Huafeng has
raised arguments with respect to the
reliability and relevance of this rate,
which are addressed in the
accompanying Issues and Decision
Memorandum at Comment 1.
Final Partial Rescission of
Administrative Review
In the Preliminary Results, the
Department stated its intent to rescind
the administrative review with respect
to the following companies because they
all reported that they made no
shipments during the POR.
• Clearwise Company Limited
• Dongguan Huangsheng Furniture Co.,
Ltd.41
• Dongguan Mu Si Furniture Co. Ltd.
• Fleetwood Fine Furniture LP
• Hainan Jong Bao Lumber Co. Ltd/
Jibbon Enterprise Co., Ltd.
• Shanghai Fangjia Industry Co., Ltd.
• Yeh Brothers World Trade Inc.
• Golden Well International (HK) Ltd.
• Zhejiang Tianyi Scientific and
Educational Equipment Co., Ltd.
(‘‘Zhejiang Tianyi’’) 42
No parties commented on our intent
to rescind. Because there is no
information or argument on the record
of the current review that warrants
reconsidering our intent to rescind, we
are rescinding this administrative
review with respect to the above-listed
companies.
Final Results of the Review
We determine that the following
weighted-average percentage margins
exist for the POR:
Antidumping
Duty Percent
Margin
Exporter
srobinson on DSK4SPTVN1PROD with NOTICES
Dalian Huafeng Furniture Co., Ltd./Dalian Huafeng Furniture Group Co., Ltd ...............................................................................
Baigou Crafts Factory of Fengkai ....................................................................................................................................................
Cambridge Furniture Co., Ltd., Glory Oceanic Co., Ltd ..................................................................................................................
Cheng Meng Furniture (PTE) Ltd., Cheng Meng Decoration & Furniture (Suzhou) Co., Ltd ........................................................
COE, Ltd ..........................................................................................................................................................................................
Dongguan Bon Ten Furniture Co., Ltd ............................................................................................................................................
Dongguan Great Reputation Furniture Co., Ltd ..............................................................................................................................
Dongguan Hero Way Woodwork Co., Ltd., Dongguan Da Zhong Woodwork Co., Ltd., Hero Way Enterprises Ltd., Well Earth
International Ltd ...........................................................................................................................................................................
Dongguan Kin Feng Furniture Co., Ltd ...........................................................................................................................................
Dongguan Liaobushangdun Huada Furniture Factory , Great Rich (HK) Enterprise Co., Ltd .......................................................
Dongguan Singways Furniture Co., Ltd ..........................................................................................................................................
(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)).
36 See the SAA at 870; see also 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)).
37 See Wooden Bedroom Furniture from the
People’s Republic of China: Final Results of the
VerDate Mar<15>2010
15:59 Aug 10, 2011
Jkt 223001
2004–2005 Semi-Annual New Shipper Reviews, 71
FR 70739, 70741 (December 6, 2006) (2004–2005
New Shipper Review).
38 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).
39 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).
40 See the Corroboration Memorandum dated
concurrently with this notice.
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41.75
41.75
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41.75
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41.75
41.75
41.75
41.75
41.75
41 Dongguan Huangsheng Furniture Co., Ltd.’s
only sales made during the POR were covered by
a new shipper review for the period January 1,
2009, through December 31, 2009. The new shipper
review of this company was completed and
therefore, these shipments are not subject to this
administrative review. See Wooden Bedroom
Furniture from the People’s Republic of China:
Final Results of Antidumping Duty New Shipper
Reviews, 76 FR 9747 (February 22, 2011).
42 Zhejiang Tianyi’s only sales made during the
POR were covered by a new shipper review
covering the period January 1, 2009, through June
30, 2009 and thus are not subject to this review. See
Wooden Bedroom Furniture from the People’s
Republic of China: Final Results of Antidumping
Duty New Shipper Review, 75 FR 44764 (July 29,
2010).
E:\FR\FM\11AUN1.SGM
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Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices
Antidumping
Duty Percent
Margin
Exporter
Dongguan Sunshine Furniture Co., Ltd ...........................................................................................................................................
Eurosa (Kunshan) Co., Ltd., Eurosa Furniture Co., (PTE) Ltd (Eurosa) ........................................................................................
Garri Furniture (Dong Guan) Co., Ltd., Molabile International, Inc. Weei Geo Enterprise Co., Ltd ...............................................
Hong Kong Da Zhi Furniture Co., Ltd., Dongguan Grand Style Furniture Co., Ltd .......................................................................
Hualing Furniture (China) Co., Ltd., Tony House Manufacture (China) Co., Ltd., Buysell Investments Ltd., Tony House Industries Co., Ltd .................................................................................................................................................................................
Jardine Enterprise, Ltd ....................................................................................................................................................................
Longkou Huangshan Furniture Factory ...........................................................................................................................................
Meikangchi (Nantong) Furniture Company Ltd ...............................................................................................................................
Nanhai Baiyi Woodwork Co. Ltd .....................................................................................................................................................
Nanjing Nanmu Furniture Co., Ltd ..................................................................................................................................................
Season Furniture Manufacturing Co., Season Industrial Development Co ....................................................................................
Shenyang Shining Dongxing Furniture Co., Ltd ..............................................................................................................................
Shenzhen Shen Long Hang Industry Co., Ltd ................................................................................................................................
Wanhengtong Nueevder (Furniture) Manufacture Co., Ltd., Dongguan Wanengtong Industry Co., Ltd .......................................
Winny Overseas, Ltd .......................................................................................................................................................................
Xilinmen Furniture Co., Ltd ..............................................................................................................................................................
Zhangjiagang Zheng Yan Decoration Co. Ltd .................................................................................................................................
Zhangjiang Sunwin Arts & Crafts Co., Ltd ......................................................................................................................................
Zhong Shan Fullwin Furniture Co., Ltd ...........................................................................................................................................
PRC–Wide Entity .............................................................................................................................................................................
Assessment Rates
srobinson on DSK4SPTVN1PROD 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 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’s (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 determined in these final
results. 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
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
VerDate Mar<15>2010
15:59 Aug 10, 2011
Jkt 223001
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
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41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
41.75
216.01
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 in these final results within
five days of the date of public
announcement of the final results 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 5, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix
Comment 1: Unreported Sales
Comment 2: Electricity
Comment 3: Warranty Expenses
Comment 4: Freight Revenue
Comment 5: The Appropriate Methodology
for Valuing Cardboard Cartons
Comment 6: Brokerage and Handling
Comment 7: The Appropriate SV for Plywood
Comment 8: The Appropriate SV for Tape
Comment 9: The Appropriate SV for Poly
Foam
Comment 10: The Appropriate SV for the
Glue Used in Furniture Production
Comment 11: Error in the Draft Rescission
Instructions
Comment 12: Calculation Error
E:\FR\FM\11AUN1.SGM
11AUN1
Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices
Comment 13: The Appropriate Conversion
Factor for Oak Veneer
Comment 14: Whether the Department
Should Rescind its Administrative Review
of Nantong Yangzi Furniture Co., Ltd.
Comment 15: Whether Great Reputation,
Cambridge and Glory Are Entitled to a
Separate Rate
Comment 16: Combination Rates
Comment 17: Duty Absorption
Comment 18: The Appropriate SV for Labor
Comment 19: Financial Ratios
Comment 20: Whether to use Huafeng’s ME
Purchases to Value Certain Inputs
Comment 21: Truck Freight
Comment 22: Whether the Department
Should Rescind its Administrative Review
of Zhangjiagang Zheng Yan Decoration Co.,
Ltd.
[FR Doc. 2011–20434 Filed 8–10–11; 8:45 am]
BILLING CODE
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–938]
Citric Acid and Certain Citrate Salts
From the People’s Republic of China:
Partial Rescission of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 11, 2011.
FOR FURTHER INFORMATION CONTACT:
Matthew Jordan or Sergio Balbontin at
(202) 482–1540 or (202) 482–6478; AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
AGENCY:
srobinson on DSK4SPTVN1PROD with NOTICES
Background
On May 2, 2011, the Department of
Commerce (‘‘the Department’’)
published a notice announcing the
opportunity to request an administrative
review of the countervailing duty order
on citric acid and certain citrate salts
(‘‘citric acid’’) from the People’s
Republic of China (‘‘PRC’’). See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review, 76 FR 24460
(May 2, 2011). On May 31, 2011,
Huangshi Xinghua Biochemical Co.,
Ltd. (‘‘Xinghua’’), a producer and
exporter of citric acid, timely requested
that the Department conduct an
administrative review of the
countervailing duty order on citric acid,
covering merchandise exported by
Xinghua during the period of January 1,
2010, through December 31, 2010. In
accordance with 19 CFR
VerDate Mar<15>2010
15:59 Aug 10, 2011
Jkt 223001
49735
351.221(c)(1)(i), the Department
published a notice initiating this
administrative review with regard to
Xinghua. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 76 FR 37781 (June 28, 2011).
Dated: August 4, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Rescission of Review
DEPARTMENT OF COMMERCE
Pursuant to 19 CFR 351.213(d)(l), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested a review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. On July 27, 2011,
Xinghua withdrew its request for review
of itself within the 90-day period.
Therefore, in response to Xinghua’s
timely withdrawal request, and as no
other party requested a review of
Xinghua, the Department is rescinding
this administrative review with respect
to Xinghua.
National Oceanic and Atmospheric
Administration
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess countervailing duties on all
appropriate entries. For Xinghua, the
countervailing duties shall be assessed
at rates equal to the cash deposit of
estimated countervailing duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice of
rescission of administrative review with
respect to Xinghua.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 sanctionable violation.
This notice of rescission is issued and
published in accordance with sections
751(a)(l) and 777(i)(l) of the Tariff Act
of 1930, as amended, and 19 CFR
351.213(d)(4).
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[FR Doc. 2011–20427 Filed 8–10–11; 8:45 am]
BILLING CODE 3510–DS–P
RIN 0648–XA631
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability and
request for comment.
AGENCY:
Notice is hereby given that
NMFS has received two Tribal Resource
Management Plans (TRMPs), one from
the Shoshone-Bannock Tribes (SBT) and
one from the Confederated Tribes of the
Umatilla Indian Reservation (CTUIR),
and two Fishery Management and
Evaluation Plans (FMEPs) from the
Oregon Department of Fish and Wildlife
(ODFW), for fishery management in the
Snake River Basin in Northeast Oregon.
The TRMPs are provided pursuant to
the Tribal 4(d) Rule; the ODFW FMEPs
are submitted for approval under Limit
4 of the 4(d) Rule for Pacific salmon and
steelhead. This document serves to
notify the public of the availability for
comment of the proposed evaluation of
the Secretary of Commerce (Secretary)
as to how the TRMPs address the
criteria in the ESA, and the availability
of the state FMEPs for public comment.
NMFS also announces the availability of
a draft Environmental Assessment (EA)
for the pending determinations.
DATES: Comments and other
submissions must be received at the
appropriate address or fax number (see
ADDRESSES) no later than 5 p.m. Pacific
time on September 12, 2011.
ADDRESSES: Written responses to the
application should be sent to Enrique
˜
Patino, National Marine Fisheries
Services, Salmon Management Division,
7600 Sand Point Way, NE., Seattle, WA
98115. Comments may also be
submitted by e-mail to:
NEOregonFisheryPlans.nwr@noaa.gov.
Include in the subject line of the e-mail
comment the following identifier:
Comments on Northeast Oregon Fishery
Plans. Comments may also be sent via
facsimile (fax) to (206) 526–6736.
Requests for copies of the permit
applications should be directed to the
SUMMARY:
E:\FR\FM\11AUN1.SGM
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Agencies
[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Pages 49729-49735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20434]
-----------------------------------------------------------------------
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 10, 2011, 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, 2009 through December 31, 2009.\1\ We gave 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
margins for this review are 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, 76 FR 7534 (February 10, 2011)
(Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Date: August 11, 2011.
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 and (202) 482-3627, respectively.
Background
On March 11, 2011, the Department issued a memorandum finding that
Dalian Huafeng Furniture Group Co., Ltd. (Huafeng) is the successor-in-
interest to Dalian Huafeng Furniture Co., Ltd. for purposes of this
proceeding and for the application of the antidumping law.
Between March 14, 2011, and March 22, 2011, Petitioners,\2\
Huafeng, Dongguan Great Reputation Furniture Co., Ltd., Home Meridian
International, Inc, d/b/a Samuel Lawrence Furniture Co. and Pulaski
Furniture Company (Home Meridian), Import Services, Inc., Hooker
Furniture Corporation, Nantong Yangzi Furniture Co., Ltd. (Nantong
Yangzi), and Dongguan Cambridge Furniture Co., Ltd. and Glory Oceanic
Co., Ltd. (collectively Cambridge), Butler Woodcrafters, Inc., Barry
Imports East Corp., and Zhangjiagang Zheng Yan Decoration Co., Ltd.
(ZYD), submitted case briefs to the Department. On March 24, 2011, the
Department rejected a portion of Huafeng's case brief due to the
inclusion of untimely new factual information. On March 25, 2011,
Huafeng resubmitted its case brief with the new factual information
excluded. On March 28, 2011, Petitioners, Huafeng, Home Meridian,
Import Services, Inc., Nantong Yangzi, and Cambridge filed rebuttal
briefs with the Department.
---------------------------------------------------------------------------
\2\ Petitioners are the American Furniture Manufactures
Committee for Legal Trade and Vaughan-Bassett Furniture Company,
Inc. (Petitioners).
---------------------------------------------------------------------------
On March 7, 2011, the Department received surrogate value (SV)
information from interested parties and placed SV information for truck
freight on the record.\3\ On March 17, 2011, Petitioners filed
information with the Department which they claimed rebutted, clarified,
or corrected SV information placed on the record after the Preliminary
Results of the review were issued. On March 21, 2011, the
[[Page 49730]]
Department requested that interested parties withhold comments
regarding the SV for truck freight from their case briefs because it
was considering whether to accept Petitioners' March 17, 2011, rebuttal
SV submission. On April 18, 2011, the Department rejected a portion of
Petitioners' March 17, 2011, rebuttal SV submission but allowed
Petitioners to refile the submission without the rejected information.
Petitioners submitted a redacted version of their March 17, 2011,
rebuttal SV submission on April 19, 2011. On April 18, 2011, the
Department extended the deadline for case and rebuttal briefs regarding
the valuation of truck freight until April 21, 2011, and April 25,
2011, respectively. On April 21, 2011, the Department received a case
brief regarding truck freight from Petitioners. On April 25, 2011,
Huafeng submitted a rebuttal brief regarding truck freight.
---------------------------------------------------------------------------
\3\ See Memorandum to the File regarding ``Antidumping Duty
Administrative Review of Wooden Bedroom Furniture from the People's
Republic of China,'' dated March 7, 2011.
---------------------------------------------------------------------------
On May 20, 2011, the Department issued a memorandum further
explaining its decision in the Preliminary Results not to extend the
time for Petitioners to withdraw their request for a review of ZYD.\4\
On May 25, 2011, ZYD commented on this post preliminary memorandum.
---------------------------------------------------------------------------
\4\ See Memorandum from Abdelali Elouaradia, Director, Office 4
to Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations ``Wooden Bedroom Furniture from the
People's Republic of China: Untimely Withdrawal of Request for
Administrative Review of Zhangjiagang Zheng Yan Decoration Co., Ltd.
dated May 20, 2011.
---------------------------------------------------------------------------
On June 10, 2011, the Department extended the time period for
completing the final results of the instant administrative review.\5\
On July 13, 2011, the Department further extended the time period for
completing the final results of the instant administrative review.\6\
---------------------------------------------------------------------------
\5\ See Wooden Bedroom Furniture from the People's Republic of
China: Extension of the Time Limit for the Final Results of the
Antidumping Duty Administrative Review, 76 FR 34043 (June 10, 2011).
\6\ See Wooden Bedroom Furniture from the People's Republic of
China: Extension of the Time Limit for the Final Results of the
Antidumping Duty Administrative Review, 76 FR 41215 (July 13, 2011).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Memorandum from Christian Marsh,
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
July 11, 2011, which is hereby adopted by this notice (Issues and
Decision Memorandum). A list of the issues which parties raised and to
which we responded in the Issues and Decision Memorandum is attached to
this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file in the Central Records Unit, Main
Commerce Building, Room 7046, and is accessible on the Web at https://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 the following changes:
Surrogate Values \7\
---------------------------------------------------------------------------
\7\ For all changes to SVs, see the July 11, 2011 Final Results
Surrogate Value Memorandum.
---------------------------------------------------------------------------
We valued Huafeng's plywood inputs based on Philippine
imports of HTS subheading 4412.13.10. See Comment 7 of the Issues and
Decision Memorandum.
We valued Huafeng's self-adhesive tape inputs based on
Philippine imports of HTS subheading 3919.10.90. See Comment 8 of the
Issues and Decision Memorandum.
We valued Huafeng's glue consumed as overhead based on
Philippine imports of HTS subheading 3506.91. See Comment 10 of the
Issues and Decision Memorandum.
We recalculated the surrogate financial ratios using
additional financial statements that were provided after the
Preliminary Results were issued and after changing our treatment of
certain financial statement line items. See Comment 19 of the Issues
and Decision Memorandum.
Ministerial Errors \8\
---------------------------------------------------------------------------
\8\ For all corrections to ministerial errors, see the July 11,
2011 Final Results Analysis Memorandum.
---------------------------------------------------------------------------
We corrected the calculation of indirect selling expenses
deducted from U.S. price. See Comment 12 of the Issues and Decision
Memorandum.
We corrected our conversion of square meters of oak veneer
into cubic decimeters. See Comment 13 of the Issues and Decision
Memorandum.
We removed the quantity of electricity consumed by the
samples workshop from the quantity of electricity consumption allocated
to subject merchandise. See Comment 2 of the Issues and Decision
Memorandum.
Other Changes \9\
---------------------------------------------------------------------------
\9\ See also the Final Results Analysis Memorandum.
---------------------------------------------------------------------------
We calculated the per-unit brokerage and handling SV using
a different weight. See Comment 6 of the Issues and Decision
Memorandum.
We added the quantity of electricity consumed to the
factors of production used in assembling cardboard cartons.
Period of Review
The period of review (POR) is January 1, 2009, through December 31,
2009.
Scope of the Order
The product covered by the order is WBF. WBF 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,\10\ highboys,\11\ lowboys,\12\ chests of drawers,\13\
chests,\14\ door
[[Page 49731]]
chests,\15\ chiffoniers,\16\ hutches,\17\ and armoires;\18\ (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.
---------------------------------------------------------------------------
\10\ 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.
\11\ 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).
\12\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\13\ A chest of drawers is typically a case containing drawers
for storing clothing.
\14\ 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.
\15\ 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.
\16\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\17\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\18\ An armoire is typically a tall cabinet or wardrobe
(typically 50 inches or taller), with doors, and with one or more
drawers (either exterior below or above the doors or interior behind
the doors), shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used to hold
television receivers and/or other audio-visual entertainment
systems.
---------------------------------------------------------------------------
The scope of the order excludes the following items: (1) Seats,
chairs, benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or
rattan; (7) side rails for beds made of metal if sold separately from
the headboard and footboard; (8) bedroom furniture in which bentwood
parts predominate; \19\ (9) jewelry armories; \20\ (10) cheval mirrors;
\21\ (11) certain metal parts; \22\ (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 \23\ and (14) toy boxes.\24\
---------------------------------------------------------------------------
\19\ 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 CBP's Headquarters Ruling Letter 043859,
dated May 17, 1976.
\20\ 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).
\21\ 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 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).
\22\ 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 HTSUS
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
\23\ 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).
\24\ 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 subheadings
9403.50.9042 and 9403.50.9045 \25\ of the U.S. Harmonized Tariff
Schedule (``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 9403.50.9042 or
9403.50.9045 of the HTSUS as ``parts of wood.'' Subject merchandise may
also be entered under subheadings 9403.50.9041 or 9403.60.8081.\26\
Further, framed glass mirrors may be entered under subheading
7009.92.1000\27\ or 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.
---------------------------------------------------------------------------
\25\ These HTSUS numbers, as well as the numbers in footnote 20,
reflect the HTSUS numbers currently in effect. These numbers differ
from those used in the last completed antidumping duty
administrative review of WBF from the PRC because the HTSUS has been
revised.
\26\ These HTSUS numbers were added to the scope in the 2009
Annual New Shipper Review of the proceeding. See Wooden Bedroom
Furniture from the People's Republic of China: Final Results of
Antidumping Duty New Shipper Reviews, 76 FR 9747 (February 22,
2011).
\27\ Id.
---------------------------------------------------------------------------
Separate Rates
Companies Granted Separate Rates in the Preliminary Results
In the Preliminary Results, we determined that the following
companies demonstrated their eligibility for separate-rate status: (1)
Huafeng; (2) Baigou Crafts Factory of Fengkai; (3) Dongguan Bon Ten
Furniture Co., Ltd.; (4) Dongguan Kin Feng Furniture Co., Ltd.; (5)
Dongguan Singways Furniture Co., Ltd.; (6) Dongguan Sunshine Furniture
Co., Ltd.; (7) Hong Kong Da Zhi Furniture Co., Ltd., Dongguan Grand
Style Furniture Co., Ltd.; (8) Longkou Huangshan Furniture Factory; (9)
Nanhai Baiyi Woodwork Co. Ltd.; (10) Nanjing Nanmu Furniture Co., Ltd.;
(11) Season Furniture Manufacturing Co., Season Industrial Development
Co.; (12) Shenyang Shining Dongxing Furniture Co., Ltd.; (13) Shenzhen
Shen Long Hang Industry Co., Ltd.; (14) Wanhengtong Nueevder
(Furniture) Manufacture Co., Ltd., Dongguan Wanengtong Industry Co.,
Ltd.; (15) Xilinmen Furniture Co., Ltd.; (16) Zhangjiagang Zheng Yan
Decoration Co. Ltd., and (17) Zhangjiang Sunwin Arts & Crafts Co., Ltd.
For these final results,
[[Page 49732]]
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 that were not selected for
individual examination in this review we continue to find they should
be granted a separate rate because they are wholly owned by individuals
or companies located in a market economy: (1) Cheng Meng Furniture
(PTE) Ltd., Cheng Meng Decoration & Furniture (Suzhou) Co., Ltd.; (2)
COE, Ltd; (3) Dongguan Hero Way Woodwork Co., Ltd., Dongguan Da Zhong
Woodwork Co., Ltd., Hero Way Enterprises Ltd., Well Earth International
Ltd.; (4) Dongguan Liaobushangdun Huada Furniture Factory, Great Rich
(HK) Enterprise Co., Ltd.; (5) Eurosa (Kunshan) Co., Ltd., Eurosa
Furniture Co., (PTE) Ltd.; (6) Garri Furniture (Dong Guan) Co., Ltd.,
Molabile International, Inc. Weei Geo Enterprise Co., Ltd.; (7) Hualing
Furniture (China) Co., Ltd., Tony House Manufacture (China) Co., Ltd.,
Buysell Investments Ltd., Tony House Industries Co., Ltd.; (8) Jardine
Enterprise, Ltd.; (9) Winny Overseas, Ltd; (10) Meikangchi (Nantong)
Furniture Company Ltd.; and (11) Zhong Shan Fullwin Furniture Co., Ltd.
As wholly foreign-owned companies, we have no evidence indicating that
these companies are under the control of the PRC government. Therefore,
a separate-rate analysis is not necessary to determine whether these
companies are independent from government control.\28\
---------------------------------------------------------------------------
\28\ 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 71104-05 (December 20,
1999) (where the Department determined that a respondent that was
wholly foreign-owned qualified for a separate rate).
---------------------------------------------------------------------------
Since the Preliminary Results, the only comments received regarding
our separate rate determinations were from parties noting that the
Department failed to mention Dongguan Cambridge Furniture Co., Ltd.,
Glory Oceanic Co., Ltd. and Dongguan Great Reputation Furniture Co.,
Ltd. in its preliminary separate rate determination. Parties claimed
that the Department apparently overlooked the separate rate submissions
by these companies. We agree that in the Preliminary Results, we
inadvertently omitted Dongguan Cambridge Furniture Co., Ltd., Glory
Oceanic Co., Ltd. and Dongguan Great Reputation Furniture Co., Ltd.
from the list of companies that had demonstrated their eligibility to
receive a separate rate.\29\ Therefore, for the final results, we have
granted these companies a separate rate.
---------------------------------------------------------------------------
\29\ See Issues and Decision Memorandum at Comment 15.
---------------------------------------------------------------------------
Companies Not Providing Separate Rate Certifications or Applications
In the Preliminary Results, we stated that the following nine
companies or company groupings 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:
Dongguan Creation Furniture Co., Ltd., Creation Industries
Co., Ltd.
Foshan Guanqiu Furniture Co., Ltd.
Jiangsu Weifu Group Fullhouse Furniture Mfg. Corp.
Link Silver Ltd. (V.I.B.), Forward Win Enterprises Company
Limited, Dongguan Haoshun Furniture Ltd.
Nantong Yushi Furniture Co., Ltd.
Shanghai Aosen Furniture Co., Ltd.
Shenzhen Xiande Furniture Factory
Tarzan Furniture Industries, Ltd., Samso Industries Ltd.
Tianjin Master Home Furniture
In the Preliminary Results, we also found that (1) Nantong Yangzi,
(2) Zhongshan Gainwell Furniture Co., Ltd., and (3) Dongguan Landmark
Furniture Products Ltd. shipped subject merchandise during the POR, had
not filed separate rate certifications or applications and thus we
treated these companies as part of the PRC-wide entity. Since the
Preliminary Results, aside from Nantong Yangzi,\30\ no interested
parties submitted comments regarding the companies listed above. In
Comment 14 of the accompanying Issues and Decision Memorandum, we
addressed Nantong Yangzi's comments and determined not to rescind the
review with respect to Nantong Yangzi. Therefore, for the final
results, we continue to treat these entities as part of the PRC-Wide
entity.
---------------------------------------------------------------------------
\30\ See Issues and Decision Memorandum at Comment 14.
---------------------------------------------------------------------------
Adverse Facts Available (AFA)
In the Preliminary Results, we determined that in accordance with
sections 776(a)(2)(A) and (C) and 776(b) of the Act, the use of AFA is
appropriate for the PRC-wide entity. The Department assigned a dumping
margin of 216.01 percent, the highest rate on the record of any segment
of the proceeding to all companies that are part of the PRC-wide
entity, as AFA.\31\ No interested party commented on this determination
regarding the PRC-wide entity and we have made no changes from our
Preliminary Results with respect to this issue.
---------------------------------------------------------------------------
\31\ See Preliminary Results.
---------------------------------------------------------------------------
Also in the Preliminary Results, we determined that Huafeng failed
to report certain sales and thus withheld necessary information within
the meaning of section 776(a)(2)(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. We
therefore applied a dumping margin based on AFA to Huafeng's 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 the
AFA rate applied to Huafeng. After considering these comments, we have
continued to apply to Huafeng's unreported sales an AFA margin of
216.01 percent.\32\
---------------------------------------------------------------------------
\32\ See Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------
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.\33\ To corroborate means that the
Department will satisfy itself that the secondary information to be
used has probative value.\34\ To corroborate secondary information, the
Department will, to the extent practicable, examine the reliability and
relevance of the information to be used.\35\ Independent sources used
to
[[Page 49733]]
corroborate such information 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.\36\
---------------------------------------------------------------------------
\33\ See the Statement of Administrative Action accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316 Vol. 1 at 870 (1994)
(SAA).
\34\ See Id.
\35\ 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)).
\36\ See the SAA at 870; see also 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.\37\ No additional information has been presented in
the current review which calls into question the reliability of this
secondary information. Thus, we have determined that this secondary
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.\38\ Similarly, the Department does not
apply a margin that has been discredited.\39\ To assess the relevancy
of the rate used, the Department compared the transaction-specific
margins calculated for Huafeng 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 calculated margins on the record of the instant administrative
review. Because the dumping margins used to corroborate the AFA rate
are not 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 and were subject to verification by the
Department.\40\
---------------------------------------------------------------------------
\37\ 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).
\38\ 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).
\39\ 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).
\40\ See the Corroboration Memorandum dated concurrently with
this notice.
---------------------------------------------------------------------------
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
Huafeng's transaction-specific margins in this review, we find the rate
relevant to Huafeng'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. Huafeng has raised arguments
with respect to the reliability and relevance of this rate, which are
addressed in the accompanying Issues and Decision Memorandum at Comment
1.
Final Partial Rescission of Administrative Review
In the Preliminary Results, the Department stated its intent to
rescind the administrative review with respect to the following
companies because they all reported that they made no shipments during
the POR.
Clearwise Company Limited
Dongguan Huangsheng Furniture Co., Ltd.\41\
---------------------------------------------------------------------------
\41\ Dongguan Huangsheng Furniture Co., Ltd.'s only sales made
during the POR were covered by a new shipper review for the period
January 1, 2009, through December 31, 2009. The new shipper review
of this company was completed and therefore, these shipments are not
subject to this administrative review. See Wooden Bedroom Furniture
from the People's Republic of China: Final Results of Antidumping
Duty New Shipper Reviews, 76 FR 9747 (February 22, 2011).
---------------------------------------------------------------------------
Dongguan Mu Si Furniture Co. Ltd.
Fleetwood Fine Furniture LP
Hainan Jong Bao Lumber Co. Ltd/Jibbon Enterprise Co., Ltd.
Shanghai Fangjia Industry Co., Ltd.
Yeh Brothers World Trade Inc.
Golden Well International (HK) Ltd.
Zhejiang Tianyi Scientific and Educational Equipment Co., Ltd.
(``Zhejiang Tianyi'') \42\
---------------------------------------------------------------------------
\42\ Zhejiang Tianyi's only sales made during the POR were
covered by a new shipper review covering the period January 1, 2009,
through June 30, 2009 and thus are not subject to this review. See
Wooden Bedroom Furniture from the People's Republic of China: Final
Results of Antidumping Duty New Shipper Review, 75 FR 44764 (July
29, 2010).
---------------------------------------------------------------------------
No parties commented on our intent to rescind. Because there is no
information or argument on the record of the current review that
warrants reconsidering our intent to rescind, we are rescinding this
administrative review with respect to the above-listed companies.
Final Results of the Review
We determine that the following weighted-average percentage margins
exist for the POR:
------------------------------------------------------------------------
Antidumping
Exporter Duty Percent
Margin
------------------------------------------------------------------------
Dalian Huafeng Furniture Co., Ltd./Dalian Huafeng 41.75
Furniture Group Co., Ltd.............................
Baigou Crafts Factory of Fengkai...................... 41.75
Cambridge Furniture Co., Ltd., Glory Oceanic Co., Ltd. 41.75
Cheng Meng Furniture (PTE) Ltd., Cheng Meng Decoration 41.75
& Furniture (Suzhou) Co., Ltd........................
COE, Ltd.............................................. 41.75
Dongguan Bon Ten Furniture Co., Ltd................... 41.75
Dongguan Great Reputation Furniture Co., Ltd.......... 41.75
Dongguan Hero Way Woodwork Co., Ltd., Dongguan Da 41.75
Zhong Woodwork Co., Ltd., Hero Way Enterprises Ltd.,
Well Earth International Ltd.........................
Dongguan Kin Feng Furniture Co., Ltd.................. 41.75
Dongguan Liaobushangdun Huada Furniture Factory , 41.75
Great Rich (HK) Enterprise Co., Ltd..................
Dongguan Singways Furniture Co., Ltd.................. 41.75
[[Page 49734]]
Dongguan Sunshine Furniture Co., Ltd.................. 41.75
Eurosa (Kunshan) Co., Ltd., Eurosa Furniture Co., 41.75
(PTE) Ltd (Eurosa)...................................
Garri Furniture (Dong Guan) Co., Ltd., Molabile 41.75
International, Inc. Weei Geo Enterprise Co., Ltd.....
Hong Kong Da Zhi Furniture Co., Ltd., Dongguan Grand 41.75
Style Furniture Co., Ltd.............................
Hualing Furniture (China) Co., Ltd., Tony House 41.75
Manufacture (China) Co., Ltd., Buysell Investments
Ltd., Tony House Industries Co., Ltd.................
Jardine Enterprise, Ltd............................... 41.75
Longkou Huangshan Furniture Factory................... 41.75
Meikangchi (Nantong) Furniture Company Ltd............ 41.75
Nanhai Baiyi Woodwork Co. Ltd......................... 41.75
Nanjing Nanmu Furniture Co., Ltd...................... 41.75
Season Furniture Manufacturing Co., Season Industrial 41.75
Development Co.......................................
Shenyang Shining Dongxing Furniture Co., Ltd.......... 41.75
Shenzhen Shen Long Hang Industry Co., Ltd............. 41.75
Wanhengtong Nueevder (Furniture) Manufacture Co., 41.75
Ltd., Dongguan Wanengtong Industry Co., Ltd..........
Winny Overseas, Ltd................................... 41.75
Xilinmen Furniture Co., Ltd........................... 41.75
Zhangjiagang Zheng Yan Decoration Co. Ltd............. 41.75
Zhangjiang Sunwin Arts & Crafts Co., Ltd.............. 41.75
Zhong Shan Fullwin Furniture Co., Ltd................. 41.75
PRC-Wide Entity....................................... 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 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's (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
determined in these final results. 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 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 in these final results
within five days of the date of public announcement of the final
results 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 5, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Comment 1: Unreported Sales
Comment 2: Electricity
Comment 3: Warranty Expenses
Comment 4: Freight Revenue
Comment 5: The Appropriate Methodology for Valuing Cardboard Cartons
Comment 6: Brokerage and Handling
Comment 7: The Appropriate SV for Plywood
Comment 8: The Appropriate SV for Tape
Comment 9: The Appropriate SV for Poly Foam
Comment 10: The Appropriate SV for the Glue Used in Furniture
Production
Comment 11: Error in the Draft Rescission Instructions
Comment 12: Calculation Error
[[Page 49735]]
Comment 13: The Appropriate Conversion Factor for Oak Veneer
Comment 14: Whether the Department Should Rescind its Administrative
Review of Nantong Yangzi Furniture Co., Ltd.
Comment 15: Whether Great Reputation, Cambridge and Glory Are
Entitled to a Separate Rate
Comment 16: Combination Rates
Comment 17: Duty Absorption
Comment 18: The Appropriate SV for Labor
Comment 19: Financial Ratios
Comment 20: Whether to use Huafeng's ME Purchases to Value Certain
Inputs
Comment 21: Truck Freight
Comment 22: Whether the Department Should Rescind its Administrative
Review of Zhangjiagang Zheng Yan Decoration Co., Ltd.
[FR Doc. 2011-20434 Filed 8-10-11; 8:45 am]
BILLING CODE