Wooden Bedroom Furniture From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 13322-13323 [2013-04575]
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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices
subheadings are provided for
convenience and for customs purposes,
the written description of the
merchandise is dispositive.
Preliminary Determination of No
Shipments
As noted in the ‘‘Background’’ section
above, Shanghai Jinneng has submitted
a timely-filed certification indicating
that it had no shipments of subject
merchandise to the United States during
the POR. In addition, in response to our
no-shipments inquiry, CBP did not
provide any evidence contradicting
Shanghai Jinneng’s claim of no
shipments. Further, on November 9,
2012, the Department released to
interested parties the results of the CBP
query that it used for corroboration of
Shanghai Jinneng’s no-shipments
claim.9 The Department received no
comments from any interested parties
concerning the results of the CBP query.
Based on the certification of Shanghai
Jinneng and our analysis of CBP
information, we preliminarily determine
that Shanghai Jinneng did not have any
reviewable transactions during the POR.
In addition, consistent with the
Department’s recently announced
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases,
the Department finds that it is
appropriate not to rescind the review in
these circumstances but rather, to
complete the review with respect to
Shanghai Jinneng and issue appropriate
instructions to CBP based on the final
results of the review.10
erowe on DSK2VPTVN1PROD with NOTICES
Comments
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments within 30 days of the date of
publication of this notice, pursuant to
19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case
briefs, will be due five days after the
due date for case briefs, pursuant to 19
CFR 351.309(d). Written argument
should be filed electronically using
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’).11 Parties who submit case or
rebuttal briefs in this proceeding are
requested to submit with each argument
a statement of the issue, a summary of
the argument not to exceed five pages,
and a table of statutes, regulations, and
9 See
CBP Query.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (Oct. 24, 2011) and the ‘‘Assessment
Rates’’ section, below.
11 See, generally, 19 CFR 351.303.
10 See
VerDate Mar<15>2010
15:18 Feb 26, 2013
Jkt 229001
cases cited, in accordance with 19 CFR
351.309(c)(2).
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce. The request must be filed
electronically using IA ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.12 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs.
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP within
15 days after the publication date of the
final results of this review. Pursuant to
the recently announced refinement to its
assessment practice in NME cases, if the
Department continues to determine that
an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the PRC-wide rate. For a full
discussion of this practice, see NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011).
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 Shanghai
Jinneng, which claimed no shipments,
12 See
PO 00000
19 CFR 351.310(c).
Frm 00023
Fmt 4703
Sfmt 4703
the cash deposit rate will remain
unchanged from the rate assigned to the
company in the most recently
completed review of the company; (2)
for previously investigated or reviewed
PRC and non-PRC exporters who are not
under review in this segment of the
proceeding but who 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 that
have not been found to be entitled to a
separate rate the cash deposit rate will
be the PRC-wide rate of 139.49
percent; 13 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 exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary 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
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: February 20, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–04512 Filed 2–26–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China: Initiation
of Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
13 For an explanation of the calculation of the
PRC-wide rate, see Final Determination of Sales at
Less Than Fair Value: Silicon Metal from the
People’s Republic of China, 56 FR 18570, 18571–
2 (April 23, 1991).
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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices
DATES:
Effective Date: February 27,
2013.
erowe on DSK2VPTVN1PROD with NOTICES
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that a
request for a new shipper review of the
antidumping duty order on wooden
bedroom furniture from the People’s
Republic of China (‘‘PRC’’) meets the
statutory and regulatory requirements
for initiation. The period of review
(‘‘POR’’) for the new shipper review is
January 1, 2012 through December 31,
2012.
FOR FURTHER INFORMATION CONTACT: Lori
Apodaca, 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) 482–4551.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on
wooden bedroom furniture from the
PRC was published on January 4, 2005.
See Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture
From the People’s Republic of China, 70
FR 329 (January 4, 2005). On January 23,
2013, pursuant to section 751(a)(2)(B)(i)
of the Tariff Act of 1930, as amended
(the ‘‘Act’’), and 19 CFR 351.214(c), the
Department received a timely request
for a new shipper review from
Dongguan Chengcheng Furniture Co.,
Ltd. (‘‘Dongguan Chengcheng’’). On
February 6, 2013, the Department
placed entry data received from U.S.
Customs and Border Protection (‘‘CBP’’)
on the record of this proceeding and
provided interested parties with an
opportunity to comment on the data. No
parties, other than Dongguan
Chengcheng, commented on the CBP
data. On February 6, 2013, the
Department issued a supplemental
questionnaire to Dongguan Chengcheng.
On February 12, 2013, Dongguan
Chengcheng submitted its supplemental
questionnaire response. In its
supplemental questionnaire response,
Dongguan Chengcheng provided
comments regarding the entry data
received from CBP. We have also
requested entry documents from CBP in
order to confirm certain information
reported by Dongguan Chengcheng. The
continuation of the new shipper review
will be contingent upon confirmation of
this information. See, Memorandum to
the File through Abdelali Elouaradia,
Director, AD/CVD Operations, Office 4:
Initiation of Antidumping New Shipper
Review of Wooden Bedroom Furniture
from the People’s Republic of China:
VerDate Mar<15>2010
15:18 Feb 26, 2013
Jkt 229001
Dongguan Chengcheng Furniture Co.
Ltd.: (‘‘Initiation Checklist’’), dated
concurrently with this notice at item 18.
Dongguan Chengcheng stated that it is
both the exporter and producer of the
subject merchandise upon which its
request for a new shipper review is
based. Pursuant to section
751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Dongguan Chengcheng
certified that it did not export wooden
bedroom furniture to the United States
during the period of investigation
(‘‘POI’’). In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Dongguan
Chengcheng certified that, since the
initiation of the investigation, it has
never been affiliated with any PRC
exporter or producer who exported
wooden bedroom furniture to the
United States during the POI, including
those not individually examined during
the investigation. As required by 19 CFR
351.214(b)(2)(iii)(B), Dongguan
Chengcheng also certified that its export
activities were not controlled by the
central government of the PRC. See
generally, Initiation Checklist.
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Dongguan Chengcheng
submitted documentation establishing
the following: (1) the date on which it
first shipped wooden bedroom furniture
for export to the United States and the
date on which the wooden bedroom
furniture was first entered, or
withdrawn from warehouse, for
consumption; (2) the volume of its first
shipment; and (3) the date of its first
sale to an unaffiliated customer in the
United States. See generally, Initiation
Checklist.
The Department conducted a CBP
database query and confirmed by
examining the results of the CBP data
query that Dongguan Chengcheng’s
subject merchandise entered the United
States during the POR specified by the
Department’s regulations. See 19 CFR
351.214(g)(1)(i)(A). Pursuant to 19 CFR
351.221(c)(1)(i), the Department will
publish the notice of initiation of a new
shipper review no later than the last day
of the month following the anniversary
or semiannual anniversary month of the
order.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act, 19 CFR 351.214(b), and based on
the information on the record, the
Department finds that Dongguan
Chengcheng meets the threshold
requirements for initiation of a new
shipper review of its shipment(s) of
wooden bedroom furniture from the
PRC. See generally, Initiation Checklist.
PO 00000
Frm 00024
Fmt 4703
Sfmt 9990
13323
The POR for the new shipper review of
Dongguan Chengcheng is January 1,
2012, through December 31, 2012. See
19 CFR 351.214(g)(1)(i)(A). The
Department intends to issue the
preliminary results of this review no
later than 180 days from the date of
initiation, and the final results of this
review no later than 270 days from the
date of initiation. See section
751(a)(2)(B)(iv) of the Act.
It is the Department’s usual practice,
in cases involving non-market
economies, to require that a company
seeking to establish eligibility for an
antidumping duty rate separate from the
country-wide rate provide evidence of
de jure and de facto absence of
government control over the company’s
export activities. Accordingly, we will
issue a questionnaire to Dongguan
Chengcheng which will include a
separate rate section. The review of the
exporter will proceed if the response
provides sufficient indication that the
exporter is not subject to either de jure
or de facto government control with
respect to its exports of wooden
bedroom furniture.
We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
certain entries of the subject
merchandise from Dongguan
Chengcheng in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e). Because Dongguan
Chengcheng stated that it both produces
and exports the subject merchandise,
the sales of which form the basis for its
new shipper review request, we will
instruct CBP to permit the use of a bond
only for entries of subject merchandise
which the respondent both produced
and exported.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: February 21, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–04575 Filed 2–26–13; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\27FEN1.SGM
27FEN1
Agencies
[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13322-13323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04575]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 13323]]
DATES: Effective Date: February 27, 2013.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on wooden bedroom furniture from the People's Republic of China
(``PRC'') meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for the new shipper review
is January 1, 2012 through December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Lori Apodaca, 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) 482-4551.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on wooden bedroom furniture from the PRC
was published on January 4, 2005. See Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture From the People's Republic of China, 70
FR 329 (January 4, 2005). On January 23, 2013, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the ``Act''),
and 19 CFR 351.214(c), the Department received a timely request for a
new shipper review from Dongguan Chengcheng Furniture Co., Ltd.
(``Dongguan Chengcheng''). On February 6, 2013, the Department placed
entry data received from U.S. Customs and Border Protection (``CBP'')
on the record of this proceeding and provided interested parties with
an opportunity to comment on the data. No parties, other than Dongguan
Chengcheng, commented on the CBP data. On February 6, 2013, the
Department issued a supplemental questionnaire to Dongguan Chengcheng.
On February 12, 2013, Dongguan Chengcheng submitted its supplemental
questionnaire response. In its supplemental questionnaire response,
Dongguan Chengcheng provided comments regarding the entry data received
from CBP. We have also requested entry documents from CBP in order to
confirm certain information reported by Dongguan Chengcheng. The
continuation of the new shipper review will be contingent upon
confirmation of this information. See, Memorandum to the File through
Abdelali Elouaradia, Director, AD/CVD Operations, Office 4: Initiation
of Antidumping New Shipper Review of Wooden Bedroom Furniture from the
People's Republic of China: Dongguan Chengcheng Furniture Co. Ltd.:
(``Initiation Checklist''), dated concurrently with this notice at item
18.
Dongguan Chengcheng stated that it is both the exporter and
producer of the subject merchandise upon which its request for a new
shipper review is based. Pursuant to section 751(a)(2)(B)(i)(I) of the
Act and 19 CFR 351.214(b)(2)(i), Dongguan Chengcheng certified that it
did not export wooden bedroom furniture to the United States during the
period of investigation (``POI''). In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A),
Dongguan Chengcheng certified that, since the initiation of the
investigation, it has never been affiliated with any PRC exporter or
producer who exported wooden bedroom furniture to the United States
during the POI, including those not individually examined during the
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Dongguan
Chengcheng also certified that its export activities were not
controlled by the central government of the PRC. See generally,
Initiation Checklist.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Dongguan Chengcheng submitted documentation
establishing the following: (1) the date on which it first shipped
wooden bedroom furniture for export to the United States and the date
on which the wooden bedroom furniture was first entered, or withdrawn
from warehouse, for consumption; (2) the volume of its first shipment;
and (3) the date of its first sale to an unaffiliated customer in the
United States. See generally, Initiation Checklist.
The Department conducted a CBP database query and confirmed by
examining the results of the CBP data query that Dongguan Chengcheng's
subject merchandise entered the United States during the POR specified
by the Department's regulations. See 19 CFR 351.214(g)(1)(i)(A).
Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish the
notice of initiation of a new shipper review no later than the last day
of the month following the anniversary or semiannual anniversary month
of the order.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and
based on the information on the record, the Department finds that
Dongguan Chengcheng meets the threshold requirements for initiation of
a new shipper review of its shipment(s) of wooden bedroom furniture
from the PRC. See generally, Initiation Checklist. The POR for the new
shipper review of Dongguan Chengcheng is January 1, 2012, through
December 31, 2012. See 19 CFR 351.214(g)(1)(i)(A). The Department
intends to issue the preliminary results of this review no later than
180 days from the date of initiation, and the final results of this
review no later than 270 days from the date of initiation. See section
751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide evidence of de jure and de facto absence of government
control over the company's export activities. Accordingly, we will
issue a questionnaire to Dongguan Chengcheng which will include a
separate rate section. The review of the exporter will proceed if the
response provides sufficient indication that the exporter is not
subject to either de jure or de facto government control with respect
to its exports of wooden bedroom furniture.
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for certain entries of the subject merchandise
from Dongguan Chengcheng in accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e). Because Dongguan Chengcheng stated
that it both produces and exports the subject merchandise, the sales of
which form the basis for its new shipper review request, we will
instruct CBP to permit the use of a bond only for entries of subject
merchandise which the respondent both produced and exported.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: February 21, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-04575 Filed 2-26-13; 8:45 am]
BILLING CODE 3510-DS-P