Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Reviews; 2012, 10768-10771 [2014-04226]
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10768
Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices
digital micrometers; micrometer sets;
tape measures; grind gauges; valve
checker tools; standard rulers; digital
check gauges; metric scales; feeler
gauges; handle line up gauges; oxygen
masks; water temperature gauges;
manifold temperature sensors; digital
pyrometer kits; cable sensor kits; fire
protection kits; thermal spot detectors;
thermal spot sensors; electrical thermohygrometers; wireless weather stations;
motor bearing detectors; barometers;
PCB sensors; HWB thermometers;
thermal scanner assemblies; HWD
pyroelectric detectors; scanner covers;
thermowell fittings; aluminum brackets;
tube alignment fixtures; HWB cabinets;
sensor brackets; aluminum panels;
battery trays; coolant level sensor kits;
fuel tank monitors; fuel level electrical
sensors; fuel gauges; fuel tank control
units; melt level indicators; electric fuel
monitoring panels; water-fuel sensors;
optical level sensors; dip sticks;
pressure sensors; pressure indicators; air
pressure gauges; air pressure
transducers; MR1 sensors; engine fuel
transducers; lube oil pressure sensors;
NoX sensors; pneumatic air brake
modules; transducer assemblies; flow
meters; metal debris sensors; gas flow
meters; digital manometers; pressure
line adaptors; fuel condition sensor
mounts; fuel gauge covers; fuel sensor
pipe assemblies; NH3 gas analyzers;
oxygen level gas analyzers; digital gas
analyzers; spot sensors; carbide dioxide
analyzers; soot sensors; leak detectors;
battery spectrometers; spectrum
monitors; balometer kits; dissolved
solids meters; data viewer sensor kits;
stations; manifolds; digital hybrid
interfaces; heated sample lines; power
flow meters; load electrical meters; RPM
gauges; fitbits; SWC RCI wheel sensors;
high speed counters; train odometers;
hub odometers; RPM sensors; wheel
counter kits; digital odometers;
speedometers; speed sensors; speed
indicators; engine speed sensors; wheel
sensors; tachometer sensors; diesel
sensors; locomotive converter speed
indicator boards; handheld tachometers;
amplifier isolation panels; speed signal
amplifiers; clamping rings; speedometer
modules; odometer plates; multimeters;
digital, handheld and fluke multimeters;
dart digital display units; fluke digital
multimeters; locomotive ammeters;
analog meters; relay-reset limitors; load
meters; power brake ammeters; feedback
modules; current module event
recorders; current monitors; brake
current ammeters; digital ammeters;
voltmeters; floe meter monitors; test
boxes; locotrol test fixtures; current
transducers; amp loadmeters; strain
gauges; circuit monitoring modules; AC
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current probes; copper shunts;
locomotive ground detection panels;
flash-over protection panels; data
acquisition units; electrical impulse
panels; digital ohmmeters; transductors;
AC data loggers; high voltage testers;
megohm testers; lon circuit boards;
electronic system periodic testers;
spectrum analyzers; hipot test stations;
electromagnetic test kits; arbitrary
waveform generators; voltage measuring
boards; distance sensors; laser motion
sensors; electronic levels; torque wrench
testers; valve seat seal tests; event
recorder modules; function modules;
cards; serial cards; ring taper gauges;
HAS detector probes; modules; tester
interface boards; dial indicator contact
points; aluminum enclosures; system
temperature sensors; testing panels;
thermostat remotes; heater thermostats;
voltage regulator 240V scoop; AC
control boards; mini-regulators;
thermostat seals; hour meters; PCB timer
train separation displays; vital timers;
time delay modules; timers; hour meter
brackets; seat swivels; locomotive seats;
swivel seats; seat cushion assemblies;
air adjust seats; folding seats; tool stools;
back seat protectors; arm rests; pedestal
seats; storage racks; computer steel
shelves; steel shelves; aluminum cases;
mounting arms; steel shelf brackets;
pillows and cushions; cab lights; wall
lighting fixtures; lamp fixtures;
locomotive switch kits; headlight
enclosures; ditch light assemblies;
warning lights; lamp glass globes; lexan
lenses; LED light assembly gaskets;
diffusers; light fixture lenses; support
steel; ditch light housings; lens door
assemblies; headlight shell; lamp
shades; dome light panels; doors;
aluminum houses; instrument houses;
steel wayside houses; pipe wire brushes;
wire brushes; paint pens; and, electric
ignition units (duty rate ranges from
duty-free to 20%). The request indicates
that inputs classified under HTSUS
Chapter 32 and HTSUS Subheadings
4202.12, 5207.10, 5602.90, 5603.94,
5607.50, 5608.19, 5609.00, 5806.31,
5909.00, 5910.00, 6303.92, 6305.20,
6307.90, 7019.19, 7019.51, and 9404.90
will be admitted to the zone in
privileged foreign status (19 CFR
146.41), thereby precluding inverted
tariff benefits on such items.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
7, 2014.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
PO 00000
Frm 00006
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1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Dated: February 20, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–04224 Filed 2–25–14; 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:
Preliminary Results of Antidumping
Duty Administrative Review and New
Shipper Reviews; 2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting the
eighth administrative review (‘‘AR’’)
and a new shipper review (‘‘NSR’’) of
the antidumping duty order on wooden
bedroom furniture (‘‘WBF’’) from the
People’s Republic of China (‘‘PRC’’).
The AR covers 60 exporters of subject
merchandise, of which the Department
selected three companies for individual
examination. The NSR covers one
exporter and producer of subject
merchandise. The period of review
(‘‘POR’’) for the AR and NSR is January
1, 2012, through December 31, 2012.
The Department preliminarily
determines that one of the mandatory
respondents in the AR and the
respondent in the NSR have made sales
of subject merchandise at less than
normal value. Additionally, the
Department preliminarily determines
that it will treat the other two
mandatory respondents in the AR as
part of the PRC-wide entity. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: February 26,
2014.
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor, Lori Apodaca, or
Jeffrey Pedersen, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0989,
AGENCY:
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(202) 482–4551, and (202) 482–2769,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the order is
wooden bedroom furniture, subject to
certain exceptions.1 Imports of subject
merchandise are classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
9403.50.9042, 9403.50.9045,
9403.50.9080, 9403.50.9042,
9403.50.9045, 9403.60.8081,
7009.92.1000 or 7009.92.5000. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written product description in the
Order remains dispositive.2
Methodology
The Department is conducting these
reviews in accordance with sections
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’) and 19 CFR
351.214. The Department calculated
export prices in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy (‘‘NME’’) within
the meaning of section 771(18) of the
Act, the Department calculated normal
value in accordance with section 773(c)
of the Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted with this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
PRC-Wide Entity
In the Initiation Notice for the AR, we
stated that ‘‘for exporters and producers
who submit a separate rate application
or separate rate certification and
subsequently are selected as mandatory
respondents, these exporters and
producers will no longer be eligible for
separate-rate status unless they respond
to all parts of the questionnaire as
mandatory respondents.’’ 3 The
Department selected Marvin Furniture
(Shanghai) Co., Ltd. (‘‘Marvin
Furniture’’), Foliot/Meubles Furniture
Inc., Foliot Pacific, and Foliot
Corporation (collectively, ‘‘the Foliot
Group’’), and Hualing Furniture (China)
Co., Ltd., Tony House Manufacture
(China) Co., Ltd., Buysell Investments
Ltd., and Tony House Industries Co.,
Ltd. (collectively, ‘‘Tony House Group’’)
as mandatory respondents.4 Marvin
Furniture failed to answer all sections of
the Department’s antidumping
questionnaire, failed to respond to a
supplemental Section A questionnaire,
and subsequently withdrew from
participating in the AR.5 The Foliot
Group failed to answer two
supplemental questionnaires pertaining
to its Sections A, C, D, and E responses
and also subsequently withdrew from
participating in the AR.6 As such, for
the reasons explained in the Preliminary
Decision Memorandum, neither Marvin
nor the Foliot Group established its
eligibility for a separate rate, and, thus,
we are treating both companies as part
of the PRC-wide entity. The PRC-wide
entity rate is 216.01 percent.
In addition, 44 companies that remain
under review failed to provide separate
rate applications or certifications
necessary to establish their eligibility for
a separate rate. For a complete list of
these companies, see the Preliminary
Decision Memorandum. The
Department preliminarily determined to
treat these 44 companies as part of the
PRC-wide entity.
Preliminary Results of Review
Regarding the AR, we preliminarily
determine that the following weightedaverage dumping margins exist for the
period January 1, 2012, through
December 31, 2012.
Exporter
Hualing Furniture (China)
Co., Ltd., Tony House
Manufacture (China) Co.,
Ltd., Buysell Investments
Ltd., Tony House Industries Co., Ltd .....................
PRC-wide entity ....................
Weightedaverage
dumping
margin
(percent)
3.81
7 216.01
Regarding the NSR, we preliminarily
determine that the following weightedaverage dumping margin exists for the
period January 1, 2012 through
December 31, 2012:
Producer
Dongguan Chengcheng Group Co., Ltd ....................................
tkelley on DSK3SPTVN1PROD with NOTICES
Exporter
Weightedaverage
dumping
margin
(percent)
Dongguan Chengcheng Group Co., Ltd ....................................
10.71
1 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) (‘‘Order’’).
2 For a complete description of the Scope of the
Order, please see ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative and New Shipper Review: Wooden
Bedroom Furniture from the People’s Republic of
China,’’ from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for
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Enforcement and Compliance (‘‘Preliminary
Decision Memorandum’’), dated concurrently with
this notice.
3 See Initiation Notice at 78 FR 13626, 13628.
4 See Preliminary Decision Memorandum.
5 See Letter from Marvin Furniture to Penny
Pritzker, Secretary of Commerce, Re: ‘‘Withdrawal
as Mandatory Respondent from the Eighth
Administrative Review of Wooden Bedroom
Furniture from the People’s Republic of China,’’
dated July 18, 2013.
6 See Letter from the Foliot Group to Penny
Pritzker, Secretary of Commerce, regarding
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‘‘Withdrawal as a Mandatory Respondent—Foliot
Furniture Inc. Wooden Bedroom Furniture from
China,’’ dated September 12, 2013.
7 The PRC-Wide Entity includes Marvin Furniture
(Shanghai) Co., Ltd., Foliot Furniture Pacific Inc.,
Foliot Furniture Corporation, and Foliot Furniture
Inc./Meubles Foliot Inc.; and the 44 entities for
which the Department initiated a review but which
did not establish their separate rate eligibility. See
the Preliminary Decision Memorandum for the
names of the 44 companies.
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Disclosure and Public Comment
The Department will disclose
calculations performed for these
preliminary results to parties within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.8 Rebuttals
to case briefs may be filed no later than
five days after the written comments are
filed and all rebuttal comments must be
limited to comments raised in the case
briefs.9
Any interested party may request a
hearing within 30 days of publication of
this notice.10 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.11
The Department will issue the final
results of this AR and NSR, which will
include the results of its analysis of
issues raised in any briefs received,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value factors of
production under 19 CFR 351.408(c) is
20 days after the date of publication of
these preliminary results.12 In
accordance with 19 CFR 351.301(c)(1)
(2012), if an interested party submits
factual information less than ten days
before or on the applicable deadline for
submission of such factual information,
19 CFR 351.309(c).
19 CFR 351.309(d).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310(d).
12 The Department recently announced a change
in the deadline to submit publicly available
information to value factors of production under 19
CFR 351.301(c)(3)(ii). To all segments initiated on
or after May 10, 2013, the deadline to submit
publicly available information to value factors of
production in an administrative review is 30 days
prior to the scheduled preliminary results of
review. This change will not apply to the eighth
administrative review of wooden bedroom furniture
from the PRC due to the effective date. See
Definition of Factual Information and Time Limits
for Submission of Factual Information, 78 FR 21246
(April 10, 2013).
an interested party may submit factual
information to rebut, clarify, or correct
the factual information no later than ten
days after such factual information is
served on the interested party. However,
the Department generally will not
accept in the rebuttal submission
additional or alternative surrogate value
information not previously on the
record, if the deadline for submission of
surrogate value information has
passed.13 Furthermore, the Department
generally will not accept business
proprietary information in either the
surrogate value submissions or the
rebuttals thereto, as the regulation
regarding the submission of surrogate
values allows only for the submission of
publicly available information.14
Assessment Rates
Upon issuing the final results of these
reviews, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by these reviews.15 The Department
intends to issue assessment instructions
to CBP 15 days after the publication
date of the final results of these reviews.
For each individually examined
respondent in these reviews whose
weighted-average dumping margin is
above de minimis (i.e., 0.5 percent) in
the final results of these reviews, the
Department will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
sales, in accordance with 19 CFR
351.212(b)(1).16 Where an importer- (or
customer-) specific ad valorem rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.17 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem dumping margin is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.18
We intend to instruct CBP to liquidate
8 See
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9 See
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13 See, e.g., Glycine From the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
14 See 19 CFR 351.301(c)(3).
15 See 19 CFR 351.212(b).
16 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
17 See 19 CFR 351.212(b)(1).
18 See 19 CFR 351.212(b)(1).
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entries of subject merchandise exported
by the PRC-wide entity at the PRC-wide
rate.
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales database
submitted by companies individually
examined during the administrative
review, the Department will instruct
CBP to liquidate such entries at the
PRC-wide rate. Additionally, if the
Department determines that an exporter
had no shipments of 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.19
Furthermore, Petitioners requested
that we issue specific liquidation
instructions related to certain entries of
Marvin Furniture’s and the Foliot
Group’s subject merchandise. Due to the
proprietary nature of these comments,
we addressed these comments in a
separate memorandum.20
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of these
reviews for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of these reviews (except, if the
rate is zero or de minimis, then a zero
cash deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (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 rate for the PRC-wide entity;
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 that supplied that nonPRC exporter.
19 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
20 See Memorandum from Patrick O’Connor to
Abdelali Elouaradia, Re: ‘‘2012 Administrative
Review of Wooden Bedroom Furniture From the
People’s Republic of China: Entries Made by Marvin
Furniture and the Foliot Group,’’ dated
concurrently with this notice.
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With respect to Dongguan
Chengcheng, the new shipper
respondent, the Department established
a combination cash deposit rate for this
company, consistent with its practice, as
follows: (1) For subject merchandise
produced and exported by Dongguan
Chengcheng, the cash deposit rate will
be the rate established for Dongguan
Chengcheng in the final results of the
NSR; (2) for subject merchandise
exported by Dongguan Chengcheng, but
not produced by Dongguan Chengcheng,
the cash deposit rate will be the rate for
the PRC-wide entity; and (3) for the
subject merchandise produced by
Dongguan Chengcheng, but not exported
by Dongguan Chengcheng, the cash
deposit rate will be the rate applicable
to the 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
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 double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
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Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
[FR Doc. 2014–04226 Filed 2–25–14; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
[C–489–819]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Preliminary
Negative Countervailing Duty
Determination, Preliminary Negative
Critical Circumstances Determination,
and Alignment of Final Determination
With Final Antidumping Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are not being provided to
producers and exporters of steel
concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey). The period
of investigation is January 1, 2012,
through December 31, 2012. Interested
parties are invited to comment on this
preliminary determination.
DATES: Effective Date: February 26,
2014.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Robert Copyak,
Office III, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4793 and (202) 482–2209,
respectively.
AGENCY:
the Act and 19 CFR 351.210(b)(4), we
are aligning the final CVD determination
with the final AD determination.
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than July
2, 2014, unless postponed.
Scope of the Investigation
The merchandise subject to this
investigation is steel concrete
reinforcing bar imported in either
straight length or coil form (rebar)
regardless of metallurgy, length,
diameter, or grade. The subject
merchandise is classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) primarily under
item numbers 7213.10.0000,
7214.20.0000, and 7228.30.8010. The
subject merchandise may also enter
under other HTSUS numbers including
7215.90.1000, 7215.90.5000,
7221.00.0015, 7221.00.0030,
7221.00.0045, 7222.11.0001,
7222.11.0057, 7222.11.0059,
7222.30.0001, 7227.20.0080,
7227.90.6085, 7228.20.1000, and
7228.60.6000. Specifically excluded are
plain rounds (i.e., non-deformed or
smooth rebar). HTSUS numbers are
provided for convenience and customs
purposes; however, the written
description of the scope remains
dispositive.
Alignment of Final Countervailing Duty
(CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day that the Department
initiated this countervailing duty (CVD)
investigation, the Department also
initiated antidumping duty (AD)
investigations of rebar from Mexico and
Turkey.1 The CVD investigation and the
AD investigations cover the same
merchandise. On February 14, 2014, in
accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (Act),
alignment of the final CVD
determination with the final AD
determination of rebar from Turkey was
requested by the petitioner.2 Therefore,
in accordance with section 705(a)(1) of
Methodology
The Department is conducting this
CVD investigation in accordance with
section 701 of the Act. For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.3 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
1 See Steel Concrete Reinforcing Bar From Turkey:
Initiation of Countervailing Duty Investigations, 78
FR 60831 (October 2, 2013) and Steel Concrete
Reinforcing Bar From Mexico and Turkey: Initiation
of Antidumping Duty Investigations, 78 FR 60827
(October 2, 2013).
2 See Letter from Petitioner regarding ‘‘Request to
Align the Countervailing Duty Final Determination
With the Antidumping Duty Final Determination’’
(February 14, 2014).
Dated: February 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
1. Scope of the Order
2. No Shipments
3. Bona Fide Sale Analysis
4. Non-Market Economy Country Status
5. Separate Rates
6. Surrogate Country
7. Economic Comparability
8. Significant Producer of Comparable
Merchandise
9. Data Availability
10. Date of Sale
11. Normal Value Comparisons
12. Determination of Comparison Method
13. U.S. Price
14. Normal Value
15. Factor Valuations
16. Currency Conversion
DEPARTMENT OF COMMERCE
10771
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance regarding ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Steel Concrete
Reinforcing Bar From the Republic of Turkey,’’
dated concurrently with this notice (Preliminary
Decision Memorandum).
PO 00000
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]]>Agencies
[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10768-10771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04226]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and New
Shipper Reviews; 2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the eighth administrative review (``AR'') and a new shipper review
(``NSR'') of the antidumping duty order on wooden bedroom furniture
(``WBF'') from the People's Republic of China (``PRC''). The AR covers
60 exporters of subject merchandise, of which the Department selected
three companies for individual examination. The NSR covers one exporter
and producer of subject merchandise. The period of review (``POR'') for
the AR and NSR is January 1, 2012, through December 31, 2012. The
Department preliminarily determines that one of the mandatory
respondents in the AR and the respondent in the NSR have made sales of
subject merchandise at less than normal value. Additionally, the
Department preliminarily determines that it will treat the other two
mandatory respondents in the AR as part of the PRC-wide entity.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: February 26, 2014.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, Lori Apodaca, or
Jeffrey Pedersen, AD/CVD Operations, Office IV, Enforcement and
Compliance, International Trade Administration, Department of Commerce,
1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202)
482-0989,
[[Page 10769]]
(202) 482-4551, and (202) 482-2769, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the order is wooden bedroom furniture,
subject to certain exceptions.\1\ Imports of subject merchandise are
classified under the Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings: 9403.50.9042, 9403.50.9045, 9403.50.9080,
9403.50.9042, 9403.50.9045, 9403.60.8081, 7009.92.1000 or 7009.92.5000.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written product description in the Order remains
dispositive.\2\
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\1\ 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)
(``Order'').
\2\ For a complete description of the Scope of the Order, please
see ``Decision Memorandum for Preliminary Results of Antidumping
Duty Administrative and New Shipper Review: Wooden Bedroom Furniture
from the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance (``Preliminary Decision Memorandum''), dated concurrently
with this notice.
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Methodology
The Department is conducting these reviews in accordance with
sections 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the
Act'') and 19 CFR 351.214. The Department calculated export prices in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy (``NME'') within the meaning of section 771(18) of the Act, the
Department calculated normal value in accordance with section 773(c) of
the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted with this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``IA ACCESS''). IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in the Central Records Unit,
room 7046 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
PRC-Wide Entity
In the Initiation Notice for the AR, we stated that ``for exporters
and producers who submit a separate rate application or separate rate
certification and subsequently are selected as mandatory respondents,
these exporters and producers will no longer be eligible for separate-
rate status unless they respond to all parts of the questionnaire as
mandatory respondents.'' \3\ The Department selected Marvin Furniture
(Shanghai) Co., Ltd. (``Marvin Furniture''), Foliot/Meubles Furniture
Inc., Foliot Pacific, and Foliot Corporation (collectively, ``the
Foliot Group''), and Hualing Furniture (China) Co., Ltd., Tony House
Manufacture (China) Co., Ltd., Buysell Investments Ltd., and Tony House
Industries Co., Ltd. (collectively, ``Tony House Group'') as mandatory
respondents.\4\ Marvin Furniture failed to answer all sections of the
Department's antidumping questionnaire, failed to respond to a
supplemental Section A questionnaire, and subsequently withdrew from
participating in the AR.\5\ The Foliot Group failed to answer two
supplemental questionnaires pertaining to its Sections A, C, D, and E
responses and also subsequently withdrew from participating in the
AR.\6\ As such, for the reasons explained in the Preliminary Decision
Memorandum, neither Marvin nor the Foliot Group established its
eligibility for a separate rate, and, thus, we are treating both
companies as part of the PRC-wide entity. The PRC-wide entity rate is
216.01 percent.
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\3\ See Initiation Notice at 78 FR 13626, 13628.
\4\ See Preliminary Decision Memorandum.
\5\ See Letter from Marvin Furniture to Penny Pritzker,
Secretary of Commerce, Re: ``Withdrawal as Mandatory Respondent from
the Eighth Administrative Review of Wooden Bedroom Furniture from
the People's Republic of China,'' dated July 18, 2013.
\6\ See Letter from the Foliot Group to Penny Pritzker,
Secretary of Commerce, regarding ``Withdrawal as a Mandatory
Respondent--Foliot Furniture Inc. Wooden Bedroom Furniture from
China,'' dated September 12, 2013.
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In addition, 44 companies that remain under review failed to
provide separate rate applications or certifications necessary to
establish their eligibility for a separate rate. For a complete list of
these companies, see the Preliminary Decision Memorandum. The
Department preliminarily determined to treat these 44 companies as part
of the PRC-wide entity.
Preliminary Results of Review
Regarding the AR, we preliminarily determine that the following
weighted-average dumping margins exist for the period January 1, 2012,
through December 31, 2012.
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Hualing Furniture (China) Co., Ltd., Tony House 3.81
Manufacture (China) Co., Ltd., Buysell Investments
Ltd., Tony House Industries Co., Ltd...................
PRC-wide entity......................................... \7\ 216.01
------------------------------------------------------------------------
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\7\ The PRC-Wide Entity includes Marvin Furniture (Shanghai)
Co., Ltd., Foliot Furniture Pacific Inc., Foliot Furniture
Corporation, and Foliot Furniture Inc./Meubles Foliot Inc.; and the
44 entities for which the Department initiated a review but which
did not establish their separate rate eligibility. See the
Preliminary Decision Memorandum for the names of the 44 companies.
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Regarding the NSR, we preliminarily determine that the following
weighted-average dumping margin exists for the period January 1, 2012
through December 31, 2012:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter Producer margin
(percent)
------------------------------------------------------------------------
Dongguan Chengcheng Group Co., Dongguan Chengcheng 10.71
Ltd. Group Co., Ltd.
------------------------------------------------------------------------
[[Page 10770]]
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\8\
Rebuttals to case briefs may be filed no later than five days after the
written comments are filed and all rebuttal comments must be limited to
comments raised in the case briefs.\9\
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\10\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\11\
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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The Department will issue the final results of this AR and NSR,
which will include the results of its analysis of issues raised in any
briefs received, within 120 days of publication of these preliminary
results, pursuant to section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of these preliminary results.\12\ In accordance with 19 CFR
351.301(c)(1) (2012), if an interested party submits factual
information less than ten days before or on the applicable deadline for
submission of such factual information, an interested party may submit
factual information to rebut, clarify, or correct the factual
information no later than ten days after such factual information is
served on the interested party. However, the Department generally will
not accept in the rebuttal submission additional or alternative
surrogate value information not previously on the record, if the
deadline for submission of surrogate value information has passed.\13\
Furthermore, the Department generally will not accept business
proprietary information in either the surrogate value submissions or
the rebuttals thereto, as the regulation regarding the submission of
surrogate values allows only for the submission of publicly available
information.\14\
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\12\ The Department recently announced a change in the deadline
to submit publicly available information to value factors of
production under 19 CFR 351.301(c)(3)(ii). To all segments initiated
on or after May 10, 2013, the deadline to submit publicly available
information to value factors of production in an administrative
review is 30 days prior to the scheduled preliminary results of
review. This change will not apply to the eighth administrative
review of wooden bedroom furniture from the PRC due to the effective
date. See Definition of Factual Information and Time Limits for
Submission of Factual Information, 78 FR 21246 (April 10, 2013).
\13\ See, e.g., Glycine From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\14\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuing the final results of these reviews, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by these reviews.\15\ The Department
intends to issue assessment instructions to CBP 15 days after the
publication date of the final results of these reviews.
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\15\ See 19 CFR 351.212(b).
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For each individually examined respondent in these reviews whose
weighted-average dumping margin is above de minimis (i.e., 0.5 percent)
in the final results of these reviews, the Department will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those sales, in accordance with 19 CFR
351.212(b)(1).\16\ Where an importer- (or customer-) specific ad
valorem rate is greater than de minimis, the Department will instruct
CBP to collect the appropriate duties at the time of liquidation.\17\
Where either a respondent's weighted average dumping margin is zero or
de minimis, or an importer- (or customer-) specific ad valorem dumping
margin is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\18\
We intend to instruct CBP to liquidate entries of subject merchandise
exported by the PRC-wide entity at the PRC-wide rate.
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\16\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\17\ See 19 CFR 351.212(b)(1).
\18\ See 19 CFR 351.212(b)(1).
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The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales database submitted by companies
individually examined during the administrative review, the Department
will instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of 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.\19\
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\19\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Furthermore, Petitioners requested that we issue specific
liquidation instructions related to certain entries of Marvin
Furniture's and the Foliot Group's subject merchandise. Due to the
proprietary nature of these comments, we addressed these comments in a
separate memorandum.\20\
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\20\ See Memorandum from Patrick O'Connor to Abdelali
Elouaradia, Re: ``2012 Administrative Review of Wooden Bedroom
Furniture From the People's Republic of China: Entries Made by
Marvin Furniture and the Foliot Group,'' dated concurrently with
this notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that rate
established in the final results of these reviews (except, if the rate
is zero or de minimis, then a zero cash deposit will be required); (2)
for previously investigated or reviewed PRC and non-PRC exporters
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (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 rate for the PRC-wide entity; 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 that supplied that non-PRC exporter.
[[Page 10771]]
With respect to Dongguan Chengcheng, the new shipper respondent,
the Department established a combination cash deposit rate for this
company, consistent with its practice, as follows: (1) For subject
merchandise produced and exported by Dongguan Chengcheng, the cash
deposit rate will be the rate established for Dongguan Chengcheng in
the final results of the NSR; (2) for subject merchandise exported by
Dongguan Chengcheng, but not produced by Dongguan Chengcheng, the cash
deposit rate will be the rate for the PRC-wide entity; and (3) for the
subject merchandise produced by Dongguan Chengcheng, but not exported
by Dongguan Chengcheng, the cash deposit rate will be the rate
applicable to the 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 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 double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: February 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Scope of the Order
2. No Shipments
3. Bona Fide Sale Analysis
4. Non-Market Economy Country Status
5. Separate Rates
6. Surrogate Country
7. Economic Comparability
8. Significant Producer of Comparable Merchandise
9. Data Availability
10. Date of Sale
11. Normal Value Comparisons
12. Determination of Comparison Method
13. U.S. Price
14. Normal Value
15. Factor Valuations
16. Currency Conversion
[FR Doc. 2014-04226 Filed 2-25-14; 8:45 am]
BILLING CODE 3510-DS-P
