Wooden Bedroom Furniture From the People's Republic of China: Final Results of Changed Circumstances Review, and Revocation of Antidumping Duty Order, in Part, 64569-64571 [2014-25858]
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Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
Final Rule.7 The Department intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
revised certification requirements.
Revised Extension of Time Limits
Regulation
On September 20, 2013, the
Department modified its regulation
concerning the extension of time limits
for submissions in antidumping and
countervailing duty proceedings: Final
Rule, 78 FR 57790 (September 20, 2013).
The modification clarifies that parties
may request an extension of time limits
before a time limit established under
Part 351 expires, or as otherwise
specified by the Secretary. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
7 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also the frequently
asked questions regarding the Final Rule, available
at https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 USC 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: October 23, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–25865 Filed 10–29–14; 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: Final
Results of Changed Circumstances
Review, and Revocation of
Antidumping Duty Order, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 18, 2014, the
Department of Commerce (the
‘‘Department’’) published its
Preliminary Results of a changed
circumstances review and intent to
revoke, in part, the antidumping duty
(‘‘AD’’) order on wooden bedroom
furniture from the People’s Republic of
China (‘‘PRC’’) 1 with respect to certain
wall bed units.2 The Department
preliminarily determined that the
producers accounting for substantially
all of the production of the domestic
like product to which the Order pertains
lack interest in the relief provided by
the Order with respect to certain wall
bed units. We invited interested parties
to comment on the Preliminary Results.
As no parties submitted comments, the
Department is making no changes to the
Preliminary Results.
DATES: Effective Date: October 30, 2014.
FOR FURTHER INFORMATION CONTACT: Erin
Kearney or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
AGENCY:
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 See Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Changed Circumstances Review, and Intent To
Revoke Antidumping Duty Order in Part, 79 FR
48727 (August 18, 2014) (‘‘Preliminary Results’’).
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64569
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0167 or (202) 482–
5193, respectively.
Background
On January 4, 2005, the Department
published the Order in the Federal
Register. On March 12, 2014, the
Department received a request on behalf
of Techcraft Manufacturing, Inc.
(‘‘Techcraft’’) for a changed
circumstances review to revoke, in part,
the Order with respect to certain wall
bed units.3 On May 2, 2014, the
Department published the Initiation
Notice for this changed circumstances
review in the Federal Register.4 On
August 18, 2014, the Department made
a preliminary determination that
producers accounting for substantially
all of the production of the domestic
like product lack interest in the relief
afforded by the Order with respect to
the certain wall bed units described in
Techcraft’s Request.5 We invited
interested parties to submit comments
in accordance with 19 CFR
351.309(c)(1)(ii). We received no
comments.
Final Results of Changed
Circumstances Review, and Revocation
of the Order, in Part
Because no party submitted
comments opposing the Department’s
Preliminary Results, and the record
contains no other information or
evidence that calls into question the
Preliminary Results, the Department
determines that there are changed
circumstances that warrant revocation
of the Order, in part. Specifically,
because the producers accounting for
substantially all of the production of the
domestic like product to which the
Order pertains lack interest in the relief
provided by the Order with respect to
certain wall bed units, we are revoking
the Order, in part, with respect to
certain wall bed units by including the
following language in the scope of the
Order:
Also excluded from the scope are certain
enclosable wall bed units, also referred to as
murphy beds, which are composed of the
following three major sections: (1) A metal
wall frame, which attaches to the wall and
uses coils or pistons to support the metal
mattress frame; (2) a metal frame, which has
3 See Submission from Techcraft, ‘‘Techcraft
Manufacturing Inc. Request for a Changed
Circumstance Review,’’ dated March 12, 2014
(‘‘Techcraft’s Request’’).
4 See 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, 79 FR 25110 (May 2, 2014) (‘‘Initiation
Notice’’).
5 See Preliminary Results.
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Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Notices
euro slats for supporting a mattress and two
legs that pivot; and (3) wood panels, which
attach to the metal wall frame and/or the
metal mattress frame to form a cabinet to
enclose the wall bed when not in use.
Excluded enclosable wall bed units are
imported in ready-to-assemble format with
all parts necessary for assembly. Enclosable
wall bed units do not include a mattress.
Wood panels of enclosable wall bed units,
when imported separately, remain subject to
the order.
The scope description below includes
this exclusion language.
Scope of the Order
tkelley on DSK3SPTVN1PROD with NOTICES
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,6 highboys,7 lowboys,8 chests
6 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.
7 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).
8 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
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of drawers,9 chests,10 door chests,11
chiffoniers,12 hutches,13 and
armoires; 14 (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; 15
(9) jewelry armories; 16 (10) cheval
9 A chest of drawers is typically a case containing
drawers for storing clothing.
10 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.
11 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.
12 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
13 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
14 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.
15 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.
16 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; 17 (11) certain metal parts; 18
(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; 19 and (14) toy
boxes.20 Also excluded from the scope
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).
17 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).
18 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.
19 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).
20 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
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Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Notices
are certain enclosable wall bed units,
also referred to as murphy beds, which
are composed of the following three
major sections: (1) A metal wall frame,
which attaches to the wall and uses
coils or pistons to support the metal
mattress frame; (2) a metal frame, which
has euro slats for supporting a mattress
and two legs that pivot; and (3) wood
panels, which attach to the metal wall
frame and/or the metal mattress frame to
form a cabinet to enclose the wall bed
when not in use. Excluded enclosable
wall bed units are imported in ready-toassemble format with all parts necessary
for assembly. Enclosable wall bed units
do not include a mattress. Wood panels
of enclosable wall bed units, when
imported separately, remain subject to
the order.
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.
tkelley on DSK3SPTVN1PROD with NOTICES
Instructions to U.S. Customs and
Border Protection
Because we determine that there are
changed circumstances that warrant the
revocation of the Order, in part, we will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to liquidate without
regard to antidumping duties, and to
refund any estimated antidumping
duties on, all unliquidated entries of the
merchandise covered by the revocation
that are not covered by the final results
of an administrative review or automatic
liquidation.
that are excluded from the wooden bedroom
furniture order apply to the box itself rather than
the lid.
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Jkt 235001
Notification
This notice serves as a reminder to
parties subject to an administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We are issuing and publishing these
final results and revocation, in part, and
notice in accordance with sections
751(b) and 777(i) of the Tariff Act of
1930, as amended, and 19 CFR 351.216,
19 CFR 351.221(c)(3), and 19 CFR
351.222.
Dated: October 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–25858 Filed 10–29–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD527
Marine Mammals; File Nos. 18638,
17305 and 18727
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of applications.
AGENCY:
Notice is hereby given that
the following entities have applied in
due form for permits to collect, import
and export specimens of marine
mammals for scientific research:
File No. 18638: National Marine
Mammal Laboratory (NMML, Dr. John
Bengtson, Responsible Party), 7600
Sand Point Way NE., Seattle, WA 98115;
File No. 17305: Alliance of Marine
Mammal Parks and Aquariums, 218 N.
Lee Street, Suite 200, Alexandria,
Virginia 22314 (Kathleen Dezio,
Responsible Party); and
File No. 18727: University of Alaska
Museum of the North, 907 Yukon Drive,
Fairbanks, AK 99775–6960 (Aren
Gunderson, Responsible Party).
DATES: Written, telefaxed, or email
comments must be received on or before
December 1, 2014.
ADDRESSES: The applications and
related documents are available for
review by selecting ‘‘Records Open for
SUMMARY:
PO 00000
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64571
Public Comment’’ from the Features box
on the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting the appropriate File No. 18638,
17305 or 18727 from the list of available
applications.
These documents are also available
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
Written comments on these
applications should be submitted to the
Chief, Permits and Conservation
Division, at the address listed above.
Comments may also be submitted by
facsimile to (301) 713–0376, or by email
to NMFS.Pr1Comments@noaa.gov.
Please include the appropriate File
No(s). 18638, 17305 and/or 18727 in the
subject line of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on any of these
applications would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Jennifer Skidmore, Amy Sloan, or
Brendan Hurley, (301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permits are requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226), and the Fur Seal
Act of 1966, as amended (16 U.S.C. 1151
et seq.).
File No. 18638: NMML conducts
research on marine mammals important
to the mission of the National Marine
Fisheries Service (NMFS) and the
National Oceanic & Atmospheric
Administration (NOAA). NMML is
requesting a renewal of Permit No.
13583 which authorizes collection of
cetacean and pinniped (except for
walrus) specimens from dead animals,
and for import, export, and possession
of specimens taken legally worldwide.
Samples (up to 100,000 individuals
from each taxa group) may be archived,
transported, shared, and analyzed by
researchers in order to optimize the
amount of biological information gained
from each animal. No takes of live
animals would be authorized under this
E:\FR\FM\30OCN1.SGM
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Agencies
[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64569-64571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25858]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Final Results of Changed Circumstances Review, and Revocation of
Antidumping Duty Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 18, 2014, the Department of Commerce (the
``Department'') published its Preliminary Results of a changed
circumstances review and intent to revoke, in part, the antidumping
duty (``AD'') order on wooden bedroom furniture from the People's
Republic of China (``PRC'') \1\ with respect to certain wall bed
units.\2\ The Department preliminarily determined that the producers
accounting for substantially all of the production of the domestic like
product to which the Order pertains lack interest in the relief
provided by the Order with respect to certain wall bed units. We
invited interested parties to comment on the Preliminary Results. As no
parties submitted comments, the Department is making no changes to the
Preliminary Results.
---------------------------------------------------------------------------
\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\ See Wooden Bedroom Furniture From the People's Republic of
China: Preliminary Results of Changed Circumstances Review, and
Intent To Revoke Antidumping Duty Order in Part, 79 FR 48727 (August
18, 2014) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: October 30, 2014.
FOR FURTHER INFORMATION CONTACT: Erin Kearney or Howard Smith, 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-
0167 or (202) 482-5193, respectively.
Background
On January 4, 2005, the Department published the Order in the
Federal Register. On March 12, 2014, the Department received a request
on behalf of Techcraft Manufacturing, Inc. (``Techcraft'') for a
changed circumstances review to revoke, in part, the Order with respect
to certain wall bed units.\3\ On May 2, 2014, the Department published
the Initiation Notice for this changed circumstances review in the
Federal Register.\4\ On August 18, 2014, the Department made a
preliminary determination that producers accounting for substantially
all of the production of the domestic like product lack interest in the
relief afforded by the Order with respect to the certain wall bed units
described in Techcraft's Request.\5\ We invited interested parties to
submit comments in accordance with 19 CFR 351.309(c)(1)(ii). We
received no comments.
---------------------------------------------------------------------------
\3\ See Submission from Techcraft, ``Techcraft Manufacturing
Inc. Request for a Changed Circumstance Review,'' dated March 12,
2014 (``Techcraft's Request'').
\4\ See 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,
79 FR 25110 (May 2, 2014) (``Initiation Notice'').
\5\ See Preliminary Results.
---------------------------------------------------------------------------
Final Results of Changed Circumstances Review, and Revocation of the
Order, in Part
Because no party submitted comments opposing the Department's
Preliminary Results, and the record contains no other information or
evidence that calls into question the Preliminary Results, the
Department determines that there are changed circumstances that warrant
revocation of the Order, in part. Specifically, because the producers
accounting for substantially all of the production of the domestic like
product to which the Order pertains lack interest in the relief
provided by the Order with respect to certain wall bed units, we are
revoking the Order, in part, with respect to certain wall bed units by
including the following language in the scope of the Order:
Also excluded from the scope are certain enclosable wall bed
units, also referred to as murphy beds, which are composed of the
following three major sections: (1) A metal wall frame, which
attaches to the wall and uses coils or pistons to support the metal
mattress frame; (2) a metal frame, which has
[[Page 64570]]
euro slats for supporting a mattress and two legs that pivot; and
(3) wood panels, which attach to the metal wall frame and/or the
metal mattress frame to form a cabinet to enclose the wall bed when
not in use. Excluded enclosable wall bed units are imported in
ready-to-assemble format with all parts necessary for assembly.
Enclosable wall bed units do not include a mattress. Wood panels of
enclosable wall bed units, when imported separately, remain subject
to the order.
The scope description below includes this exclusion language.
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,\6\ highboys,\7\ lowboys,\8\ chests of drawers,\9\ chests,\10\
door chests,\11\ chiffoniers,\12\ hutches,\13\ and armoires; \14\ (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.
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\6\ 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.
\7\ 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).
\8\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\9\ A chest of drawers is typically a case containing drawers
for storing clothing.
\10\ 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.
\11\ 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.
\12\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\13\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\14\ 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; \15\ (9) jewelry armories; \16\ (10) cheval mirrors;
\17\ (11) certain metal parts; \18\ (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; \19\ and (14) toy boxes.\20\
Also excluded from the scope
[[Page 64571]]
are certain enclosable wall bed units, also referred to as murphy beds,
which are composed of the following three major sections: (1) A metal
wall frame, which attaches to the wall and uses coils or pistons to
support the metal mattress frame; (2) a metal frame, which has euro
slats for supporting a mattress and two legs that pivot; and (3) wood
panels, which attach to the metal wall frame and/or the metal mattress
frame to form a cabinet to enclose the wall bed when not in use.
Excluded enclosable wall bed units are imported in ready-to-assemble
format with all parts necessary for assembly. Enclosable wall bed units
do not include a mattress. Wood panels of enclosable wall bed units,
when imported separately, remain subject to the order.
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\15\ 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.
\16\ 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).
\17\ 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).
\18\ 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.
\19\ 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).
\20\ 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.
Instructions to U.S. Customs and Border Protection
Because we determine that there are changed circumstances that
warrant the revocation of the Order, in part, we will instruct U.S.
Customs and Border Protection (``CBP'') to liquidate without regard to
antidumping duties, and to refund any estimated antidumping duties on,
all unliquidated entries of the merchandise covered by the revocation
that are not covered by the final results of an administrative review
or automatic liquidation.
Notification
This notice serves as a reminder to parties subject to an
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these final results and revocation,
in part, and notice in accordance with sections 751(b) and 777(i) of
the Tariff Act of 1930, as amended, and 19 CFR 351.216, 19 CFR
351.221(c)(3), and 19 CFR 351.222.
Dated: October 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-25858 Filed 10-29-14; 8:45 am]
BILLING CODE 3510-DS-P