Wooden Bedroom Furniture From the People's Republic of China: Final Results of the 2010 Antidumping Duty New Shipper Review, 68138-68140 [2011-28560]
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68138
Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices
Cash-Deposit Requirements
The following deposit requirements
will be effective upon publication of
these amended final results of
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication consistent with section
751(a)(1) of the Tariff Act of 1930, as
amended (Act): (1) The cash-deposit
rates for the companies subject to the
review will be the rates shown above;
(2) for previously investigated or
reviewed companies not listed above,
the cash-deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this or
a previous review or the original lessthan-fair-value (LTFV) investigation but
the manufacturer is, the cash-deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; (4) the cash-deposit
rate for all other manufacturers or
exporters will be 4.69 percent, the allothers rate from the amended final
determination of the LTFV investigation
revised as a result of the Section 129
determination published on August 12,
2010. See Notice of Implementation of
Determination Under Section 129 of the
Uruguay Round Agreements Act and
Partial Revocation of the Antidumping
Duty Order on Polyethylene Retail
Carrier Bags From Thailand, 75 FR
48940 (August 12, 2010).
These deposit requirements, when
imposed, shall remain in effect until
further notice.
srobinson on DSK4SPTVN1PROD with NOTICES
Notification Requirements
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f) 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice also serves as a 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
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
VerDate Mar<15>2010
16:50 Nov 02, 2011
Jkt 226001
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: October 26, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2011–28428 Filed 11–2–11; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China: Final
Results of the 2010 Antidumping Duty
New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 10, 2011, the
Department of Commerce
(‘‘Department’’) published its
Preliminary Results for the January 1,
2010, through December 31, 2010, new
shipper review of wooden bedroom
furniture (‘‘WBF’’) from the People’s
Republic of China (‘‘PRC’’).1 Although
invited to do so, interested parties did
not comment on our Preliminary
Results. Therefore, the Preliminary
Results are hereby adopted as the final
results.
DATES: Effective Date: November 3,
2011.
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor or Jeffrey Pedersen,
AD/CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–0989 and (202)
482–2769, respectively.
AGENCY:
Background
On August 10, 2011, the Department
published its Preliminary Results of the
review of the antidumping order on
WBF from the PRC for Dongguan Yujia
Furniture Co., Ltd. (‘‘Yujia’’) covering
the period January 1, 2010, through
December 31, 2010. No parties
commented on the Preliminary Results.
Scope of the Order
The product covered by the order is
WBF. WBF is generally, but not
exclusively, designed, manufactured,
1 See Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Antidumping Duty New Shipper Review, 76 FR
49443 (August 10, 2011) (‘‘Preliminary Results’’).
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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,2 highboys,3 lowboys,4 chests
of drawers,5 chests,6 door chests,7
chiffoniers,8 hutches,9 and armoires; 10
2 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.
3 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).
4 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
5 A chest of drawers is typically a case containing
drawers for storing clothing.
6 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.
7 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.
8 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
9 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
10 An armoire is typically a tall cabinet or
wardrobe (typically 50 inches or taller), with doors,
and with one or more drawers (either exterior below
or above the doors or interior behind the doors),
shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used
to hold television receivers and/or other audiovisual entertainment systems.
E:\FR\FM\03NON1.SGM
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Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices
(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; 11
(9) jewelry armories; 12 (10) cheval
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.
12 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).
srobinson on DSK4SPTVN1PROD with NOTICES
11 As
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16:50 Nov 02, 2011
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mirrors; 13 (11) certain metal parts; 14
(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 15 and (14) toy
boxes.16
13 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).
14 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.
15 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).
16 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,
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Imports of subject merchandise are
classified under subheadings
9403.50.9042 and 9403.50.9045 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, 9403.60.8081, or
9403.20.0018. Further, framed glass
mirrors may be entered under
subheading 7009.92.1000 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.
Analysis of Comments Received
Because no parties commented on the
Preliminary Results, we have adopted
the Preliminary Results as the final
results, including the margin
determined therein.17
Final Results of Review
We find that the following weightedaverage dumping margin exists for Yujia
for the period January 1, 2010, through
December 31, 2010:
Exporter-Producer
Dongguan Yujia Furniture Co.,
Ltd., Exporter/Producer ...........
Weightedaverage
margin
(percent)
0.00
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.
17 See 76 FR 49443.
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Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices
Assessment Rates
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. In accordance
with 19 CFR 351.212(b)(1), we are
calculating importer- (or customer-)
specific assessment rates for the
merchandise subject to this review. We
calculated importer- (or customer-)
specific ad valorem rates for Yujia by
aggregating the dumping margins
calculated for all U.S. sales to each
importer (or customer) and dividing this
amount by the total entered value of the
sales to each importer (or customer).
Where an importer- (or customer-)
specific ad valorem rate is greater than
de minimis, we will apply the
assessment rate to the entered value of
the importers’/customers’ entries during
the period of review, pursuant to 19
CFR 351.212(b)(1).
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for shipments of
subject merchandise from Yujia entered,
or withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) The cash deposit rate for
subject merchandise exported and
produced by Yujia is zero; therefore no
cash deposit will be required for entries
of subject merchandise exported and
produced by Yujia ; (2) for subject
merchandise exported by Yujia but not
produced by Yujia the cash deposit rate
will continue to be the PRC-wide rate of
216.01 percent; (3) for subject
merchandise produced by Yujia but not
exported by Yujia the cash deposit rate
will be the rate applicable to the
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
srobinson on DSK4SPTVN1PROD with NOTICES
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
16:50 Nov 02, 2011
Dated: October 27, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2011–28560 Filed 11–2–11; 8:45 am]
Cash Deposit Requirements
VerDate Mar<15>2010
assessment of double antidumping
duties. This notice also serves as a
reminder to parties subject to
administrative protective orders
(‘‘APOs’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305, 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 that is subject to
sanction.
This notice of the final results of this
new shipper review is issued and
published in accordance with sections
751(a)(2)(B), 751(a)(2)(C), and 777(i) of
the Act and 19 CFR 351.214(h) and 19
CFR 351.221(b)(5).
Jkt 226001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip From the People’s
Republic of China: Preliminary Results
of the 2009–2010 Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘the Department’’) is
conducting an administrative review of
the antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (‘‘PET film’’) from the People’s
Republic of China (‘‘PRC’’). The period
of review (‘‘POR’’) is November 1, 2009,
through October 31, 2010.
We have preliminarily determined
that sales have been made below normal
value (‘‘NV’’) by certain companies
subject to this review. If these
preliminary results are adopted in our
final results of this review, we will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to assess
antidumping duties on entries of subject
merchandise during the POR for which
the importer-specific assessment rates
are above de minimis.
AGENCY:
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We invite interested parties to
comment on these preliminary results.
Parties who submit comments are
requested to submit with each argument
a summary of the argument. We intend
to issue the final results no later than
120 days from the date of publication of
this notice, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’).
DATES: Effective Date: November 3,
2011.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Jonathan Hill, 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) 482–3936 and (202)
482–3518 respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 10, 2008, the
Department published in the Federal
Register an antidumping duty order on
PET film from the PRC.1 On November
1, 2010, the Department published in
the Federal Register a notice of
opportunity to request an administrative
review of the antidumping duty order
on PET film from the PRC for the period
November 1, 2009, through October 31,
2010.2 On November 29, 2010, the
Department received timely requests in
accordance with 19 CFR 351.213(b)(2)
for an administrative review from Fuwei
Films (Shandong) Co., Ltd. (‘‘Fuwei
Films’’), Shaoxing Xiangyu Green
Packing Co., Ltd. (‘‘Green Packing’’),
and Tianjin Wanhua Co., Ltd.
(‘‘Wanhua’’). On November 30, 2010,
the Department also received a timely
request from DuPont Teijin Films,
Mitsubishi Polyester Film, Inc., SKC,
Inc., and Toray Plastics (America), Inc.
(collectively, ‘‘Petitioners’’), in
accordance with 19 CFR 351.213(b)(1),
for an administrative review of the
antidumping duty order on PET film
from the PRC for six companies: Fuwei
Films, Green Packing, Wanhua, Sichuan
Dongfang Insulating Material Co., Ltd.
(‘‘Dongfang’’), Shanghai Xishu Electric
Material Co., Ltd. (‘‘Xishu’’), and
Shanghai Uchem Co., Ltd. (‘‘Uchem’’).
On December 28, 2010, the Department
1 See Notice of Antidumping Duty Orders:
Polyethylene Terephthalate Film, Sheet, and Strip
From Brazil, the People’s Republic of China and the
United Arab Emirates: Antidumping Duty Orders
and Amended Final Determination of Sales at Less
Than Fair Value for the United Arab Emirates, 73
FR 66595 (November 10, 2008) (‘‘Orders’’).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 75 FR 67079
(November 1, 2010).
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]]>Agencies
[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68138-68140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28560]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Final Results of the 2010 Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 10, 2011, the Department of Commerce
(``Department'') published its Preliminary Results for the January 1,
2010, through December 31, 2010, new shipper review of wooden bedroom
furniture (``WBF'') from the People's Republic of China (``PRC'').\1\
Although invited to do so, interested parties did not comment on our
Preliminary Results. Therefore, the Preliminary Results are hereby
adopted as the final results.
---------------------------------------------------------------------------
\1\ See Wooden Bedroom Furniture From the People's Republic of
China: Preliminary Results of Antidumping Duty New Shipper Review,
76 FR 49443 (August 10, 2011) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: November 3, 2011.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Jeffrey Pedersen,
AD/CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0989
and (202) 482-2769, respectively.
Background
On August 10, 2011, the Department published its Preliminary
Results of the review of the antidumping order on WBF from the PRC for
Dongguan Yujia Furniture Co., Ltd. (``Yujia'') covering the period
January 1, 2010, through December 31, 2010. No parties commented on the
Preliminary Results.
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,\2\ highboys,\3\ lowboys,\4\ chests of drawers,\5\ chests,\6\
door chests,\7\ chiffoniers,\8\ hutches,\9\ and armoires; \10\
[[Page 68139]]
(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.
---------------------------------------------------------------------------
\2\ 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.
\3\ 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).
\4\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\5\ A chest of drawers is typically a case containing drawers
for storing clothing.
\6\ 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.
\7\ 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.
\8\ A chiffonier is typically a tall and narrow chest of drawers
normally used for storing undergarments and lingerie, often with
mirror(s) attached.
\9\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\10\ An armoire is typically a tall cabinet or wardrobe
(typically 50 inches or taller), with doors, and with one or more
drawers (either exterior below or above the doors or interior behind
the doors), shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used to hold
television receivers and/or other audio-visual entertainment
systems.
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The scope of the order excludes the following items: (1) Seats,
chairs, benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or
rattan; (7) side rails for beds made of metal if sold separately from
the headboard and footboard; (8) bedroom furniture in which bentwood
parts predominate; \11\ (9) jewelry armories; \12\ (10) cheval mirrors;
\13\ (11) certain metal parts; \14\ (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 \15\ and (14) toy boxes.\16\
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\11\ 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.
\12\ 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).
\13\ 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).
\14\ 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.
\15\ 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).
\16\ To be excluded the toy box must: (1) Be wider than it is
tall; (2) have dimensions within 16 inches to 27 inches in height,
15 inches to 18 inches in depth, and 21 inches to 30 inches in
width; (3) have a hinged lid that encompasses the entire top of the
box; (4) not incorporate any doors or drawers; (5) have slow-closing
safety hinges; (6) have air vents; (7) have no locking mechanism;
and (8) comply with American Society for Testing and Materials
(``ASTM'') standard F963-03. Toy boxes are boxes generally designed
for the purpose of storing children's items such as toys, books, and
playthings. See Wooden Bedroom Furniture from the People's Republic
of China: Final Results of Changed Circumstances Review and
Determination to Revoke Order in Part, 74 FR 8506 (February 25,
2009). Further, as determined in the scope ruling memorandum
``Wooden Bedroom Furniture from the People's Republic of China:
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the
dimensional ranges used to identify the toy boxes that are excluded
from the wooden bedroom furniture order apply to the box itself
rather than the lid.
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Imports of subject merchandise are classified under subheadings
9403.50.9042 and 9403.50.9045 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, 9403.60.8081, or 9403.20.0018. Further,
framed glass mirrors may be entered under subheading 7009.92.1000 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.
Analysis of Comments Received
Because no parties commented on the Preliminary Results, we have
adopted the Preliminary Results as the final results, including the
margin determined therein.\17\
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\17\ See 76 FR 49443.
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Final Results of Review
We find that the following weighted-average dumping margin exists
for Yujia for the period January 1, 2010, through December 31, 2010:
------------------------------------------------------------------------
Weighted-
average
Exporter-Producer margin
(percent)
------------------------------------------------------------------------
Dongguan Yujia Furniture Co., Ltd., Exporter/Producer....... 0.00
------------------------------------------------------------------------
[[Page 68140]]
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this review.
The Department intends to issue assessment instructions to CBP 15 days
after the publication date of the final results of this review. In
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or
customer-) specific assessment rates for the merchandise subject to
this review. We calculated importer- (or customer-) specific ad valorem
rates for Yujia by aggregating the dumping margins calculated for all
U.S. sales to each importer (or customer) and dividing this amount by
the total entered value of the sales to each importer (or customer).
Where an importer- (or customer-) specific ad valorem rate is greater
than de minimis, we will apply the assessment rate to the entered value
of the importers'/customers' entries during the period of review,
pursuant to 19 CFR 351.212(b)(1).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for
shipments of subject merchandise from Yujia entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for subject merchandise exported and produced by Yujia is zero;
therefore no cash deposit will be required for entries of subject
merchandise exported and produced by Yujia ; (2) for subject
merchandise exported by Yujia but not produced by Yujia the cash
deposit rate will continue to be the PRC-wide rate of 216.01 percent;
(3) for subject merchandise produced by Yujia but not exported by Yujia
the cash deposit rate will be the rate applicable to the exporter.
These cash deposit requirements, when imposed, 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 orders
(``APOs'') of their responsibility concerning the return or destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305, 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 that is subject to
sanction.
This notice of the final results of this new shipper review is
issued and published in accordance with sections 751(a)(2)(B),
751(a)(2)(C), and 777(i) of the Act and 19 CFR 351.214(h) and 19 CFR
351.221(b)(5).
Dated: October 27, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-28560 Filed 11-2-11; 8:45 am]
BILLING CODE 3510-DS-P
