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]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:24 Feb 25, 2014 Jkt 232001 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 Fmt 4703 Sfmt 4703 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: E:\FR\FM\26FEN1.SGM 26FEN1 10769 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices (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 http:// 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 http:// 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 VerDate Mar<15>2010 17:24 Feb 25, 2014 Jkt 232001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 ‘‘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. E:\FR\FM\26FEN1.SGM 26FEN1 10770 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices 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 tkelley on DSK3SPTVN1PROD with NOTICES 9 See VerDate Mar<15>2010 17:24 Feb 25, 2014 Jkt 232001 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). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices 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. tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:24 Feb 25, 2014 Jkt 232001 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 http:// 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 http://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 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\26FEN1.SGM 26FEN1

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 http://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 http://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.
---------------------------------------------------------------------------

    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
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \19\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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