Wooden Bedroom Furniture from the People's Republic of China: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation of the Antidumping Duty Order in Part, 41260-41262 [2014-16585]
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Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Notices
On July 1, 2014, the petitioner, ASPA,
and individual Thai shrimp companies
withdrew all requests for an
administrative review.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. All
parties requesting 2013–2014
administrative reviews of the
antidumping duty order of shrimp from
Thailand timely withdrew their requests
for review by the 90-day deadline.
Therefore, we are rescinding the
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from
Thailand covering the period February
1, 2013, through January 31, 2014.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. Antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
Notification to Importers
This notice serves as the only
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 may result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
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Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
Antidumping Duty Administrative Reviews, 79 FR
18510 (Apr. 2, 2014) .
4 See the July 1, 2014, letters withdrawing
requests for administrative reviews from the
petitioners, ASPA, Trade Pacific LLC (for several
Thai shrimp companies), Good Luck Product Co.
Ltd., Good Fortune Cold Storage Co., Ltd., XianNing Seafood Co., Ltd., Charoen Pokphand Foods
Public Company Limited, Gallant Ocean (Thailand)
Co., Ltd., and Southport Seafood Co., Ltd.
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17:46 Jul 14, 2014
Jkt 232001
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
part, of the AD order pursuant to
sections 751(b)(1) of the Tariff Act of
1930, as amended (‘‘the Act’’) and
section 351.216(b) of the Department’s
regulations, with respect to certain shoe
cabinets. On June 3, 2014, American
Furniture Manufacturers Committee for
Legal Trade and Vaughan-Bassett
Furniture Company, Inc. (collectively
‘‘Petitioners’’) stated that they agree
with the scope exclusion language
proposed by Elements.
Dated: July 9, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
The product covered by the order is
wooden bedroom furniture. Wooden
bedroom furniture is generally, but not
exclusively, designed, manufactured,
and offered for sale in coordinated
groups, or bedrooms, in which all of the
individual pieces are of approximately
the same style and approximately the
same material and/or finish. The subject
merchandise is made substantially of
wood products, including both solid
wood and also engineered wood
products made from wood particles,
fibers, or other wooden materials such
as plywood, strand board, particle
board, and fiberboard, with or without
wood veneers, wood overlays, or
laminates, with or without non-wood
components or trim such as metal,
marble, leather, glass, plastic, or other
resins, and whether or not assembled,
completed, or finished.
The subject merchandise includes the
following items: (1) Wooden beds such
as loft beds, bunk beds, and other beds;
(2) wooden headboards for beds
(whether stand-alone or attached to side
rails), wooden footboards for beds,
wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night
stands, dressers, commodes, bureaus,
mule chests, gentlemen’s chests,
bachelor’s chests, lingerie chests,
wardrobes, vanities, chessers,
chifforobes, and wardrobe-type cabinets;
(4) dressers with framed glass mirrors
that are attached to, incorporated in, sit
on, or hang over the dresser; (5) chestson-chests,1 highboys,2 lowboys,3 chests
[FR Doc. 2014–16591 Filed 7–14–14; 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: Notice of
Initiation of Changed Circumstances
Review, and Consideration of
Revocation of the Antidumping Duty
Order in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Elements International, Inc.
(‘‘Elements’’), the Department of
Commerce (the ‘‘Department’’) is
initiating a changed circumstances
review to consider the possible
revocation, in part, of the antidumping
duty (‘‘AD’’) order on wooden bedroom
furniture from the People’s Republic of
China (‘‘PRC’’) with respect to certain
shoe cabinets.
DATES: Efffective Date: July 15, 2014.
FOR FURTHER INFORMATION CONTACT:
Howard Smith or Jonathan Hill, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5193 or (202) 482–
3518, respectively.
AGENCY:
Background
On January 4, 2005, the Department
published the Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture
From the People’s Republic of China, 70
FR 329 (January 4, 2005). On June 2,
2014, Elements requested revocation, in
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Scope of the Order
1 A chest-on-chest is typically a tall chest-ofdrawers in two or more sections (or appearing to be
in two or more sections), with one or two sections
mounted (or appearing to be mounted) on a slightly
larger chest; also known as a tallboy.
2 A highboy is typically a tall chest of drawers
usually composed of a base and a top section with
drawers, and supported on four legs or a small chest
(often 15 inches or more in height).
3 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
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Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Notices
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of drawers,4 chests,5 door chests,6
chiffoniers,7 hutches,8 and armoires;9
(6) desks, computer stands, filing
cabinets, book cases, or writing tables
that are attached to or incorporated in
the subject merchandise; and (7) other
bedroom furniture consistent with the
above list.
The scope of the order excludes the
following items: (1) Seats, chairs,
benches, couches, sofas, sofa beds,
stools, and other seating furniture; (2)
mattresses, mattress supports (including
box springs), infant cribs, water beds,
and futon frames; (3) office furniture,
such as desks, stand-up desks, computer
cabinets, filing cabinets, credenzas, and
bookcases; (4) dining room or kitchen
furniture such as dining tables, chairs,
servers, sideboards, buffets, corner
cabinets, china cabinets, and china
hutches; (5) other non-bedroom
furniture, such as television cabinets,
cocktail tables, end tables, occasional
tables, wall systems, book cases, and
entertainment systems; (6) bedroom
furniture made primarily of wicker,
cane, osier, bamboo or rattan; (7) side
rails for beds made of metal if sold
separately from the headboard and
footboard; (8) bedroom furniture in
which bentwood parts predominate; 10
(9) jewelry armories; 11 (10) cheval
4 A chest of drawers is typically a case containing
drawers for storing clothing.
5 A chest is typically a case piece taller than it
is wide featuring a series of drawers and with or
without one or more doors for storing clothing. The
piece can either include drawers or be designed as
a large box incorporating a lid.
6 A door chest is typically a chest with hinged
doors to store clothing, whether or not containing
drawers. The piece may also include shelves for
televisions and other entertainment electronics.
7 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
8 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
9 An armoire is typically a tall cabinet or
wardrobe (typically 50 inches or taller), with doors,
and with one or more drawers (either exterior below
or above the doors or interior behind the doors),
shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used
to hold television receivers and/or other audiovisual entertainment systems.
10 As used herein, bentwood means solid wood
made pliable. Bentwood is wood that is brought to
a curved shape by bending it while made pliable
with moist heat or other agency and then set by
cooling or drying. See CBP’s Headquarters Ruling
Letter 043859, dated May 17, 1976.
11 Any armoire, cabinet or other accent item for
the purpose of storing jewelry, not to exceed 24
inches in width, 18 inches in depth, and 49 inches
in height, including a minimum of 5 lined drawers
lined with felt or felt-like material, at least one side
door (whether or not the door is lined with felt or
felt-like material), with necklace hangers, and a fliptop lid with inset mirror. See Issues and Decision
Memorandum from Laurel LaCivita to Laurie
Parkhill, Office Director, concerning ‘‘Jewelry
Armoires and Cheval Mirrors in the Antidumping
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mirrors; 12 (11) certain metal parts; 13
(12) mirrors that do not attach to,
incorporate in, sit on, or hang over a
dresser if they are not designed and
marketed to be sold in conjunction with
a dresser as part of a dresser-mirror set;
(13) upholstered beds 14 ; and (14) toy
boxes.15
Duty Investigation of Wooden Bedroom Furniture
from the People’s Republic of China,’’ dated August
31, 2004. See also Wooden Bedroom Furniture From
the People’s Republic of China: Final Changed
Circumstances Review, and Determination To
Revoke Order in Part, 71 FR 38621 (July 7, 2006).
12 Cheval mirrors are any framed, tiltable mirror
with a height in excess of 50 inches that is mounted
on a floor-standing, hinged base. Additionally, the
scope of the order excludes combination cheval
mirror/jewelry cabinets. The excluded merchandise
is an integrated piece consisting of a cheval mirror,
i.e., a framed tiltable mirror with a height in excess
of 50 inches, mounted on a floor-standing, hinged
base, the cheval mirror serving as a door to a
cabinet back that is integral to the structure of the
mirror and which constitutes a jewelry cabinet line
with fabric, having necklace and bracelet hooks,
mountings for rings and shelves, with or without a
working lock and key to secure the contents of the
jewelry cabinet back to the cheval mirror, and no
drawers anywhere on the integrated piece. The fully
assembled piece must be at least 50 inches in
height, 14.5 inches in width, and 3 inches in depth.
See Wooden Bedroom Furniture From the People’s
Republic of China: Final Changed Circumstances
Review and Determination To Revoke Order in Part,
72 FR 948 (January 9, 2007).
13 Metal furniture parts and unfinished furniture
parts made of wood products (as defined above)
that are not otherwise specifically named in this
scope (i.e., wooden headboards for beds, wooden
footboards for beds, wooden side rails for beds, and
wooden canopies for beds) and that do not possess
the essential character of wooden bedroom
furniture in an unassembled, incomplete, or
unfinished form. Such parts are usually classified
under HTSUS subheadings 9403.90.7005,
9403.90.7010, or 9403.90.7080.
14 Upholstered beds that are completely
upholstered, i.e., containing filling material and
completely covered in sewn genuine leather,
synthetic leather, or natural or synthetic decorative
fabric. To be excluded, the entire bed (headboards,
footboards, and side rails) must be upholstered
except for bed feet, which may be of wood, metal,
or any other material and which are no more than
nine inches in height from the floor. See Wooden
Bedroom Furniture from the People’s Republic of
China: Final Results of Changed Circumstances
Review and Determination to Revoke Order in Part,
72 FR 7013 (February 14, 2007).
15 To be excluded the toy box must: (1) Be wider
than it is tall; (2) have dimensions within 16 inches
to 27 inches in height, 15 inches to 18 inches in
depth, and 21 inches to 30 inches in width; (3) have
a hinged lid that encompasses the entire top of the
box; (4) not incorporate any doors or drawers; (5)
have slow-closing safety hinges; (6) have air vents;
(7) have no locking mechanism; and (8) comply
with American Society for Testing and Materials
(‘‘ASTM’’) standard F963–03. Toy boxes are boxes
generally designed for the purpose of storing
children’s items such as toys, books, and
playthings. See Wooden Bedroom Furniture from
the People’s Republic of China: Final Results of
Changed Circumstances Review and Determination
to Revoke Order in Part, 74 FR 8506 (February 25,
2009). Further, as determined in the scope ruling
memorandum ‘‘Wooden Bedroom Furniture from
the People’s Republic of China: Scope Ruling on a
White Toy Box,’’ dated July 6, 2009, the
dimensional ranges used to identify the toy boxes
that are excluded from the wooden bedroom
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41261
Imports of subject merchandise are
classified under subheadings
9403.50.9042 and 9403.50.9045 of the
HTSUS as ‘‘wooden . . . beds’’ and
under subheading 9403.50.9080 of the
HTSUS as ‘‘other . . . wooden furniture
of a kind used in the bedroom.’’ In
addition, wooden headboards for beds,
wooden footboards for beds, wooden
side rails for beds, and wooden canopies
for beds may also be entered under
subheading 9403.50.9042 or
9403.50.9045 of the HTSUS as ‘‘parts of
wood.’’ Subject merchandise may also
be entered under subheadings
9403.50.9041, 9403.60.8081, or
9403.20.0018. Further, framed glass
mirrors may be entered under
subheading 7009.92.1000 or
7009.92.5000 of the HTSUS as ‘‘glass
mirrors . . . framed.’’ The order covers
all wooden bedroom furniture meeting
the above description, regardless of
tariff classification. Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
proceeding is dispositive.
Initiation of Changed Circumstances
Review, and Consideration of
Revocation of the Order in Part
Pursuant to section 751(b) of the Act,
the Department will conduct a changed
circumstances review upon receipt of a
request from an interested party16 which
shows changed circumstances sufficient
to warrant a review of an order.17 Based
on the information provided by
Elements and the Petitioners’ statement
that they agree with Elements’ exclusion
language for certain shoe cabinets, the
Department has determined that there
exist changed circumstances sufficient
to warrant a changed circumstances
review of the AD order on wooden
bedroom furniture from the PRC.18
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that the
Department may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
interest in the order, in whole or in part.
In addition, in the event the Department
determines that expedited action is
warranted, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the
furniture order apply to the box itself rather than
the lid.
16 Elements stated in its April 23 2014 scope
ruling request that it is an importer of the certain
shoe cabinets, which are currently subject to this
order, and as such is an interested party pursuant
to 19 CFR 351.102(a)(29)(ii).
17 See 19 CFR 351.216.
18 See section 751(b) of the Act and 19 CFR
351.216(d).
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Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Notices
notices of initiation and preliminary
results. In its administrative practice,
the Department has interpreted
‘‘substantially all’’ to mean producers
accounting for at least 85 percent of the
total U.S. production of the domestic
like product covered by the order.19
Because Petitioners did not indicate
whether they account for substantially
all of the domestic production of
wooden bedroom furniture, we are
providing interested parties with the
opportunity to address the issue of
domestic industry support with respect
to this proposed partial revocation of
the order and we are not combining this
notice of initiation with a preliminary
determination pursuant to 19 CFR
351.221(c)(3)(ii). As explained below,
this notice of initiation will afford all
interested parties an opportunity to
address the proposed partial revocation.
mstockstill on DSK4VPTVN1PROD with NOTICES
Public Comment
Interested parties are invited to
provide comments and/or factual
information regarding this changed
circumstances review, including
comments concerning industry support.
Comments and factual information may
be submitted to the Department no later
than 14 days after the date of
publication of this notice. Rebuttal
comments and rebuttal factual
information may be filed with the
Department no later than 10 days after
the comments and/or factual
information are filed with the
Department.20 All submissions must be
filed electronically using Enforcement
and Compliance’s AD and CVD
Centralized Electronic Service System
(IA ACCESS).21 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. Eastern Time on the due dates
set forth in this notice.
The Department will issue the
preliminary results of this changed
circumstances review, in accordance
with 19 CFR 351.221(c)(3), which will
set forth the factual and legal
conclusions upon which the
preliminary results are based, and a
description of any action proposed
because of those results. Pursuant to 19
CFR 351.221(b)(4)(ii), interested parties
19 See, e.g., Certain Cased Pencils From the
Peoples’ Republic of China: Initiation and
Preliminary Results of Antidumping duty Changed
Circumstances Review, and Intent To Revoke Order
in Part, 77 FR 42276 (July 18, 2012) (Pencils),
unchanged in Certain Cased Pencils From the
People’s Republic of China: Final Results of
Antidumping Duty Changed Circumstances Review,
and Determination To Revoke Order, in Part, 77 FR
53176 (August 31, 2012).
20 See 19 CFR 351.301(b)(2).
21 See, generally, 19 CFR 351.303.
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17:46 Jul 14, 2014
Jkt 232001
will have an opportunity to comment on
the preliminary results of the review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of its AD changed circumstance review
within 270 days after the date on which
the review is initiated.
This initiation is published in
accordance with sections 751(b)(1) of
the Act and 19 CFR 351.216(b) and
351.221(b)(1).
Dated: July 8, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–16585 Filed 7–14–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket Number: 140708559–4559–01]
RIN 0660–XC011
FEDERAL COMMUNICATIONS
COMMISSION
[Docket Number: ET Docket No. 14–99]
Model City for Demonstrating and
Evaluating Advanced Spectrum
Sharing Technologies
National Telecommunications
and Information Administration, U.S.
Department of Commerce, and the
Office of Engineering and Technology,
Federal Communications Commission.
ACTION: Notice; request for comments.
AGENCY:
The National
Telecommunications and Information
Administration (NTIA) and the Federal
Communications Commission’s (FCC)
Office of Engineering and Technology
(OET) issue this Joint Public Notice to
seek public comment on the President’s
Council of Advisors on Science and
Technology (PCAST) recommendation
that the Secretary of Commerce
establish a public-private partnership to
facilitate the creation of an urban test
city that would support rapid
experimentation and development of
policies, underlying technologies, and
system capabilities for advanced,
dynamic spectrum sharing. The test
services (referenced herein as a ‘‘Model
City’’) for demonstrating and evaluating
advanced spectrum sharing technologies
could include large-scale sustainable
facilities for systems-level testing in
real-world environments across
multiple frequency bands, including
public safety and selected federal bands.
Through this Joint Public Notice, NTIA
and OET seek to promote the Model
SUMMARY:
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Fmt 4703
Sfmt 4703
City concept in conjunction with: (1)
The new Center for Advanced
Communications established by NTIA
and the National Institute of Standards
and Technology (NIST) and (2) the
FCC’s existing experimental licensing
program.
Comments are due on or before
August 29, 2014.
ADDRESSES: Parties must file one copy of
their written comments with the FCC,
using one of the following addresses:
• U.S. Postal Service first-class,
Express, and Priority mail must be sent
to: Office of the Secretary, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554. ET
Docket No. 14–99.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to: 9300
East Hampton Drive, Capitol Heights,
MD 20743.
Parties must also file one copy with
the FCC’s copy contractor, Best Copy
and Printing, Inc. (BCPI), Portals II, 445
12th Street SW., Room CY–B402,
Washington, DC 20554, (202) 488–5300,
or via email to fcc@bcpiweb.com.
Comments may also be submitted
electronically by email to modelcity@
ntia.doc.gov or by mail to: National
Telecommunications and Information
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Room 4096, Washington, DC
20230, Attn: Rangam Subramanian,
Office of Spectrum Management.
Written comments should be in
standard Word or Adobe PDF format if
submitted electronically.
FOR FURTHER INFORMATION CONTACT:
Rangam Subramanian, NTIA, at (202)
482–4399 or rangam@ntia.doc.gov, or
Matthew Hussey, OET, at (202) 418–
3619 or mhussey@fcc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
In July 2012, the President’s Council
of Advisors on Science and Technology
(PCAST) released a set of
recommendations to the President on
how to realize the full potential of
government-held spectrum to spur
economic growth by facilitating
spectrum sharing as a mainline
approach to spectrum management.1
This report (herein PCAST Report)
concluded that clearing and reallocation
of federal spectrum is no longer a
sustainable basis for spectrum policy
due to the high cost, lengthy time to
1 See Report to the President: Realizing the Full
Potential of Government-Held Spectrum to Spur
Economic Growth, at 49–50 (July 2012), available at
https://go.usa.gov/k27R (PCAST Report).
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]]>Agencies
[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41260-41262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16585]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture from the People's Republic of China:
Notice of Initiation of Changed Circumstances Review, and Consideration
of Revocation of the Antidumping Duty Order in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Elements International, Inc.
(``Elements''), the Department of Commerce (the ``Department'') is
initiating a changed circumstances review to consider the possible
revocation, in part, of the antidumping duty (``AD'') order on wooden
bedroom furniture from the People's Republic of China (``PRC'') with
respect to certain shoe cabinets.
DATES: Efffective Date: July 15, 2014.
FOR FURTHER INFORMATION CONTACT: Howard Smith or Jonathan Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5193 or (202) 482-3518, respectively.
Background
On January 4, 2005, the Department published the Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture From the People's Republic of
China, 70 FR 329 (January 4, 2005). On June 2, 2014, Elements requested
revocation, in part, of the AD order pursuant to sections 751(b)(1) of
the Tariff Act of 1930, as amended (``the Act'') and section 351.216(b)
of the Department's regulations, with respect to certain shoe cabinets.
On June 3, 2014, American Furniture Manufacturers Committee for Legal
Trade and Vaughan-Bassett Furniture Company, Inc. (collectively
``Petitioners'') stated that they agree with the scope exclusion
language proposed by Elements.
Scope of the Order
The product covered by the order is wooden bedroom furniture.
Wooden bedroom furniture is generally, but not exclusively, designed,
manufactured, and offered for sale in coordinated groups, or bedrooms,
in which all of the individual pieces are of approximately the same
style and approximately the same material and/or finish. The subject
merchandise is made substantially of wood products, including both
solid wood and also engineered wood products made from wood particles,
fibers, or other wooden materials such as plywood, strand board,
particle board, and fiberboard, with or without wood veneers, wood
overlays, or laminates, with or without non-wood components or trim
such as metal, marble, leather, glass, plastic, or other resins, and
whether or not assembled, completed, or finished.
The subject merchandise includes the following items: (1) Wooden
beds such as loft beds, bunk beds, and other beds; (2) wooden
headboards for beds (whether stand-alone or attached to side rails),
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night stands, dressers, commodes,
bureaus, mule chests, gentlemen's chests, bachelor's chests, lingerie
chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type
cabinets; (4) dressers with framed glass mirrors that are attached to,
incorporated in, sit on, or hang over the dresser; (5) chests-on-
chests,\1\ highboys,\2\ lowboys,\3\ chests
[[Page 41261]]
of drawers,\4\ chests,\5\ door chests,\6\ chiffoniers,\7\ hutches,\8\
and armoires;\9\ (6) desks, computer stands, filing cabinets, book
cases, or writing tables that are attached to or incorporated in the
subject merchandise; and (7) other bedroom furniture consistent with
the above list.
---------------------------------------------------------------------------
\1\ A chest-on-chest is typically a tall chest-of-drawers in two
or more sections (or appearing to be in two or more sections), with
one or two sections mounted (or appearing to be mounted) on a
slightly larger chest; also known as a tallboy.
\2\ A highboy is typically a tall chest of drawers usually
composed of a base and a top section with drawers, and supported on
four legs or a small chest (often 15 inches or more in height).
\3\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\4\ A chest of drawers is typically a case containing drawers
for storing clothing.
\5\ A chest is typically a case piece taller than it is wide
featuring a series of drawers and with or without one or more doors
for storing clothing. The piece can either include drawers or be
designed as a large box incorporating a lid.
\6\ A door chest is typically a chest with hinged doors to store
clothing, whether or not containing drawers. The piece may also
include shelves for televisions and other entertainment electronics.
\7\ A chiffonier is typically a tall and narrow chest of drawers
normally used for storing undergarments and lingerie, often with
mirror(s) attached.
\8\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\9\ An armoire is typically a tall cabinet or wardrobe
(typically 50 inches or taller), with doors, and with one or more
drawers (either exterior below or above the doors or interior behind
the doors), shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used to hold
television receivers and/or other audio-visual entertainment
systems.
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The scope of the order excludes the following items: (1) Seats,
chairs, benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or
rattan; (7) side rails for beds made of metal if sold separately from
the headboard and footboard; (8) bedroom furniture in which bentwood
parts predominate; \10\ (9) jewelry armories; \11\ (10) cheval mirrors;
\12\ (11) certain metal parts; \13\ (12) mirrors that do not attach to,
incorporate in, sit on, or hang over a dresser if they are not designed
and marketed to be sold in conjunction with a dresser as part of a
dresser-mirror set; (13) upholstered beds \14\ ; and (14) toy
boxes.\15\
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\10\ As used herein, bentwood means solid wood made pliable.
Bentwood is wood that is brought to a curved shape by bending it
while made pliable with moist heat or other agency and then set by
cooling or drying. See CBP's Headquarters Ruling Letter 043859,
dated May 17, 1976.
\11\ Any armoire, cabinet or other accent item for the purpose
of storing jewelry, not to exceed 24 inches in width, 18 inches in
depth, and 49 inches in height, including a minimum of 5 lined
drawers lined with felt or felt-like material, at least one side
door (whether or not the door is lined with felt or felt-like
material), with necklace hangers, and a flip-top lid with inset
mirror. See Issues and Decision Memorandum from Laurel LaCivita to
Laurie Parkhill, Office Director, concerning ``Jewelry Armoires and
Cheval Mirrors in the Antidumping Duty Investigation of Wooden
Bedroom Furniture from the People's Republic of China,'' dated
August 31, 2004. See also Wooden Bedroom Furniture From the People's
Republic of China: Final Changed Circumstances Review, and
Determination To Revoke Order in Part, 71 FR 38621 (July 7, 2006).
\12\ Cheval mirrors are any framed, tiltable mirror with a
height in excess of 50 inches that is mounted on a floor-standing,
hinged base. Additionally, the scope of the order excludes
combination cheval mirror/jewelry cabinets. The excluded merchandise
is an integrated piece consisting of a cheval mirror, i.e., a framed
tiltable mirror with a height in excess of 50 inches, mounted on a
floor-standing, hinged base, the cheval mirror serving as a door to
a cabinet back that is integral to the structure of the mirror and
which constitutes a jewelry cabinet line with fabric, having
necklace and bracelet hooks, mountings for rings and shelves, with
or without a working lock and key to secure the contents of the
jewelry cabinet back to the cheval mirror, and no drawers anywhere
on the integrated piece. The fully assembled piece must be at least
50 inches in height, 14.5 inches in width, and 3 inches in depth.
See Wooden Bedroom Furniture From the People's Republic of China:
Final Changed Circumstances Review and Determination To Revoke Order
in Part, 72 FR 948 (January 9, 2007).
\13\ Metal furniture parts and unfinished furniture parts made
of wood products (as defined above) that are not otherwise
specifically named in this scope (i.e., wooden headboards for beds,
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds) and that do not possess the essential character
of wooden bedroom furniture in an unassembled, incomplete, or
unfinished form. Such parts are usually classified under HTSUS
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
\14\ Upholstered beds that are completely upholstered, i.e.,
containing filling material and completely covered in sewn genuine
leather, synthetic leather, or natural or synthetic decorative
fabric. To be excluded, the entire bed (headboards, footboards, and
side rails) must be upholstered except for bed feet, which may be of
wood, metal, or any other material and which are no more than nine
inches in height from the floor. See Wooden Bedroom Furniture from
the People's Republic of China: Final Results of Changed
Circumstances Review and Determination to Revoke Order in Part, 72
FR 7013 (February 14, 2007).
\15\ To be excluded the toy box must: (1) Be wider than it is
tall; (2) have dimensions within 16 inches to 27 inches in height,
15 inches to 18 inches in depth, and 21 inches to 30 inches in
width; (3) have a hinged lid that encompasses the entire top of the
box; (4) not incorporate any doors or drawers; (5) have slow-closing
safety hinges; (6) have air vents; (7) have no locking mechanism;
and (8) comply with American Society for Testing and Materials
(``ASTM'') standard F963-03. Toy boxes are boxes generally designed
for the purpose of storing children's items such as toys, books, and
playthings. See Wooden Bedroom Furniture from the People's Republic
of China: Final Results of Changed Circumstances Review and
Determination to Revoke Order in Part, 74 FR 8506 (February 25,
2009). Further, as determined in the scope ruling memorandum
``Wooden Bedroom Furniture from the People's Republic of China:
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the
dimensional ranges used to identify the toy boxes that are excluded
from the wooden bedroom furniture order apply to the box itself
rather than the lid.
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Imports of subject merchandise are classified under subheadings
9403.50.9042 and 9403.50.9045 of the HTSUS as ``wooden . . . beds'' and
under subheading 9403.50.9080 of the HTSUS as ``other . . . wooden
furniture of a kind used in the bedroom.'' In addition, wooden
headboards for beds, wooden footboards for beds, wooden side rails for
beds, and wooden canopies for beds may also be entered under subheading
9403.50.9042 or 9403.50.9045 of the HTSUS as ``parts of wood.'' Subject
merchandise may also be entered under subheadings 9403.50.9041,
9403.60.8081, or 9403.20.0018. Further, framed glass mirrors may be
entered under subheading 7009.92.1000 or 7009.92.5000 of the HTSUS as
``glass mirrors . . . framed.'' The order covers all wooden bedroom
furniture meeting the above description, regardless of tariff
classification. Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
of this proceeding is dispositive.
Initiation of Changed Circumstances Review, and Consideration of
Revocation of the Order in Part
Pursuant to section 751(b) of the Act, the Department will conduct
a changed circumstances review upon receipt of a request from an
interested party\16\ which shows changed circumstances sufficient to
warrant a review of an order.\17\ Based on the information provided by
Elements and the Petitioners' statement that they agree with Elements'
exclusion language for certain shoe cabinets, the Department has
determined that there exist changed circumstances sufficient to warrant
a changed circumstances review of the AD order on wooden bedroom
furniture from the PRC.\18\
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\16\ Elements stated in its April 23 2014 scope ruling request
that it is an importer of the certain shoe cabinets, which are
currently subject to this order, and as such is an interested party
pursuant to 19 CFR 351.102(a)(29)(ii).
\17\ See 19 CFR 351.216.
\18\ See section 751(b) of the Act and 19 CFR 351.216(d).
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that the Department may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In addition, in the event
the Department determines that expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits the Department to combine the
[[Page 41262]]
notices of initiation and preliminary results. In its administrative
practice, the Department has interpreted ``substantially all'' to mean
producers accounting for at least 85 percent of the total U.S.
production of the domestic like product covered by the order.\19\
Because Petitioners did not indicate whether they account for
substantially all of the domestic production of wooden bedroom
furniture, we are providing interested parties with the opportunity to
address the issue of domestic industry support with respect to this
proposed partial revocation of the order and we are not combining this
notice of initiation with a preliminary determination pursuant to 19
CFR 351.221(c)(3)(ii). As explained below, this notice of initiation
will afford all interested parties an opportunity to address the
proposed partial revocation.
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\19\ See, e.g., Certain Cased Pencils From the Peoples' Republic
of China: Initiation and Preliminary Results of Antidumping duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012) (Pencils), unchanged in Certain Cased
Pencils From the People's Republic of China: Final Results of
Antidumping Duty Changed Circumstances Review, and Determination To
Revoke Order, in Part, 77 FR 53176 (August 31, 2012).
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Public Comment
Interested parties are invited to provide comments and/or factual
information regarding this changed circumstances review, including
comments concerning industry support. Comments and factual information
may be submitted to the Department no later than 14 days after the date
of publication of this notice. Rebuttal comments and rebuttal factual
information may be filed with the Department no later than 10 days
after the comments and/or factual information are filed with the
Department.\20\ All submissions must be filed electronically using
Enforcement and Compliance's AD and CVD Centralized Electronic Service
System (IA ACCESS).\21\ An electronically filed document must be
received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Time on the due dates set
forth in this notice.
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\20\ See 19 CFR 351.301(b)(2).
\21\ See, generally, 19 CFR 351.303.
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The Department will issue the preliminary results of this changed
circumstances review, in accordance with 19 CFR 351.221(c)(3), which
will set forth the factual and legal conclusions upon which the
preliminary results are based, and a description of any action proposed
because of those results. Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an opportunity to comment on the
preliminary results of the review. In accordance with 19 CFR
351.216(e), the Department will issue the final results of its AD
changed circumstance review within 270 days after the date on which the
review is initiated.
This initiation is published in accordance with sections 751(b)(1)
of the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: July 8, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-16585 Filed 7-14-14; 8:45 am]
BILLING CODE 3510-DS-P
