Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Reviews; 2013, 7576-7578 [2015-02838]
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Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices
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[FR Doc. 2015–02730 Filed 2–10–15; 8:45 am]
BILLING CODE 3510–07–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; 2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting the
ninth 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 28 exporters of subject
merchandise, of which the Department
selected one company 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, 2013, through December 31, 2013.
The Department preliminarily
determines that the mandatory
respondent in the NSR has not made
sales of subject merchandise at less than
normal value. Additionally, the
Department preliminarily determines
that it will treat the mandatory
respondent in the AR as part of the PRCwide entity. Interested parties are
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
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invited to comment on these
preliminary results.
DATES: Effective Date: February 11,
2015.
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor 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,
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) and 751(a)(2)(B) of the
Tariff Act of 1930, as amended (‘‘the
Act’’) and 19 CFR 351.213 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. A list of topics
discussed in the Preliminary Decision
Memorandum is provided as Appendix
I to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture From the
People’s Republic of China, 70 FR 329 (January 4,
2005) (‘‘Order’’).
2 For a complete description of the Scope of the
Order, please see ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative and New Shipper Review: Wooden
Bedroom Furniture from the People’s Republic of
China,’’ from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for
Enforcement and Compliance (‘‘Preliminary
Decision Memorandum’’), dated concurrently with
this notice.
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via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).3 ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Notice of Intent To Rescind AR, in Part
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.’’ 4 The
Department selected Jiedong Lehouse
Furniture Co., Ltd. (‘‘Jiedong Lehouse’’)
as a mandatory respondent.5 The
Department preliminarily determines
that Jiedong Lehouse did not establish
its eligibility for a separate rate for the
reasons explained in the Preliminary
Decision Memorandum. Accordingly,
we are preliminarily treating Jiedong
Lehouse as part of the PRC-wide entity.
In addition, 15 other companies for
which a review was requested failed to
provide separate rate applications or
certifications necessary to establish their
eligibility for a separate rate. The
Department preliminarily determines to
treat these 15 companies as part of the
PRC-wide entity.6 For additional
3 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, at 79 FR 11401,
11402.
5 See Preliminary Decision Memorandum.
6 Those 15 companies not establishing their
eligibility for a separate rate are: (1) Art Heritage
International, Ltd., Super Art Furniture Co., Ltd.,
Artwork Metal & Plastic Co., Ltd., Jibson Industries
Ltd., Always Loyal International; (2) Cheng Meng
Furniture (Pte) Ltd., Cheng Meng Decoration &
Furniture (Suzhou) Co., Ltd.; (3) Coe., Ltd.; (4)
Dalian Huafeng Furniture Co., Ltd.; (5) Dalian
Huafeng Furniture Group Co., Ltd.; (6) Dongguan
Hung Sheng Artware Products Co., Ltd., Coronal
Enterprise Co., Ltd.; (7) Dongguan Yujia Furniture
Co., Ltd./Dongguan Yujia Furniture Co., Ltd.; (8)
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Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices
information regarding this
determination, see the Preliminary
Decision Memorandum. Because no
request for review was made of the PRCwide entity, we intend to rescind the
review with respect to 16 companies
(which includes Jiedong Lehouse and
the other 15 other companies which did
not demonstrate their eligibility for
separate rate status) as part of the PRCwide entity, at the final results.7
Preliminary Determination of NoShipments
Based on an analysis of U.S. Customs
and Border Protection (‘‘CBP’’)
information, and comments provided by
a number of companies, the Department
preliminarily determines that 12 of the
companies for which an administrative
review was requested and that claimed
no shipments during this POR did not
have any reviewable transactions during
the POR.8 For additional information
regarding this determination, see the
Preliminary Decision Memorandum.9
Consistent with an announced
refinement to its assessment practice in
NME cases, the Department is not
rescinding this administrative review, in
part, but intends to complete the review
with respect to the companies for which
it has preliminarily found no shipments
and issue appropriate instructions to
CBP based on the final results of the
review.10
Preliminary Results of NSR
Regarding the NSR, we preliminarily
determine that the following weightedaverage dumping margin exists for the
period January 1, 2013 through
December 31, 2013:
Exporter
Producer
Weighted-average
dumping margin
(percent)
Wuxi Yushea Furniture Co., Ltd ..............................................
Wuxi Yushea Furniture Co., Ltd .............................................
0.00
Disclosure and Public Comment
tkelley on DSK3SPTVN1PROD with NOTICES
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.11
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.12
Any interested party may request a
hearing within 30 days of publication of
this notice.13 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
Liang Huang (Jiaxing) Enterprise Co., Ltd.; (9)
Marvin Furniture (Shanghai) Co. Ltd.; (10) Prime
Best Factory; (11) Prime Best International Co., Ltd.;
(12) Prime Wood International Co., Ltd; (13) Sen
Yeong International Co., Ltd., Sheh Hau
International Trading Ltd.; (14) Strongson Furniture
(Shenzhen) Co., Ltd., Strongson Furniture Co., Ltd.,
Strongson (Hk) Co.; and (15) Zhang Zhou Sanlong
Wood Product Co., Ltd.
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
8 Those 12 companies with no shipments during
the POR are: (1) Baigou Crafts Factory Of Fengkai;
(2) Clearwise Company Limited; (3) Dongguan
Chengcheng Furniture Co., Ltd./Dongguan
Chengcheng Furniture Co., Ltd.; (4) Dongguan
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Assessment Rates
Upon issuing the final results of these
reviews, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by these reviews.15 The Department
intends to issue assessment instructions
to CBP 15 days after the publication
date of the final results of these reviews.
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.
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
Singways Furniture Co., Ltd.; (5) Eurosa (Kunshan)
Co., Ltd., Eurosa Furniture Co., (Pte) Ltd.; (6)
Golden Well International (HK) Ltd./Zhangzhou
XYM Furniture Product Co., Ltd.; (7) Hangzhou
Cadman Trading Co., Ltd./Haining Changbei
Furniture Co., Ltd.; (8) Hualing Furniture (China)
Co., Ltd., Tony House Manufacture (China) Co.,
Ltd., Buysell Investments Ltd., Tony House
Industries Co., Ltd.; (9) Rizhao Sanmu
Woodworking Co., Ltd.; (10) Shenyang Shining
Dongxing Furniture Co., Ltd.; (11) Yeh Brothers
World Trade, Inc.; and (12) Zhejiang Tianyi
Scientific & Educational Equipment Co., Ltd./
Zhejiang Tianyi Scientific & Educational Equipment
Co., Ltd.
9 See also Memorandum from Patrick O’Connor,
International Trade Compliance Analyst, Office IV,
to Abdelali Elouaradia Director, Office IV, AD/CVD
Operations, regarding the ‘‘Antidumping Duty
Administrative Review of Wooden Bedroom
Furniture from the People’s Republic of China:
Analysis of No Exports, Sales, or Entries by Certain
Companies,’’ dated concurrently with this notice.
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
11 See 19 CFR 351.309(c).
12 See 19 CFR 351.309(d).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d).
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).
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.14
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.
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Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices
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
tkelley on DSK3SPTVN1PROD with NOTICES
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,
which is 216.01 percent; 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.
With respect to Wuxi Yushea, 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
Wuxi Yushea, the cash deposit rate will
be the rate established for Wuxi Yushea
in the final results of the NSR; (2) for
subject merchandise exported by Wuxi
Yushea, but not produced by Wuxi
Yushea, the cash deposit rate will be the
rate for the PRC-wide entity; and (3) for
the subject merchandise produced by
Wuxi Yushea, but not exported by Wuxi
Yushea, the cash deposit rate will be the
rate applicable to the exporter.
19 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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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), 751(a)(2)(B), and 777(i)(1) of
the Act and 19 CFR 351.213 and 19 CFR
351.214.
Dated: February 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
(1) Summary
(2) Background
(3) Scope of the Order
(4) Respondent Selection for the AR
(5) Discussion Of The Methodology
a. Preliminary Determination of No
Shipments
b. Bona Fides Analysis
c. Duty Absorption
d. NME Country Status
e. Separate Rates
f. Surrogate Country
g. Economic Comparability
h. Significant Producer of Comparable
Merchandise
i. Data Availability
j. Date of Sale
k. Fair Value Comparisons
l. Differential Pricing Analysis
m. U.S. Price
n. Normal Value
o. Currency Conversion
p.
(6) Conclusion
[FR Doc. 2015–02838 Filed 2–10–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States Travel and Tourism
Advisory Board: Meeting of the United
States Travel and Tourism Advisory
Board
International Trade
Administration, U.S. Department of
Commerce.
AGENCY:
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Fmt 4703
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ACTION:
Notice of an open meeting.
The United States Travel and
Tourism Advisory Board (Board) will
hold the fourth meeting of the current
term on Wednesday, February 24, 2015.
The Board was re-chartered on August
2013, to advise the Secretary of
Commerce on matters relating to the
travel and tourism industry.
During this meeting, the Board will
present recommendations on
infrastructure strategy, cultural and
natural heritage, and possibly other
topics. Board members will also hear an
update on the Presidential
Memorandum to develop a national goal
to improve the entry process and reduce
wait times for international travelers to
the United States, and action plans at
the 15 largest airports for international
arrivals. The Secretary of Commerce
will provide an update on the
recommendations conveyed at the
Board’s meeting in November 2014. The
agenda may change to accommodate
Board business. The final agenda will be
posted on the Department of Commerce
Web site for the Board at https://
trade.gov/ttab, at least one week in
advance of the meeting.
DATES: Wednesday, February 24, 2015,
10:00 a.m.–12:30 p.m. and open for
public comments.
ADDRESSES: U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230. Guests are
requested to register one week in
advance by sending an email to OACIE@
trade.gov.
FOR FURTHER INFORMATION CONTACT:
Niara Phillips, the United States Travel
and Tourism Advisory Board, Room
4043, 1401 Constitution Avenue NW.,
Washington, DC 20230, telephone: 202–
482–4501, email: niara.phillips@
trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Board advises the
Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry.
Public Participation: The meeting will
be open to the public and will be
physically accessible to people with
disabilities. All guests are required to
register in advance. The meeting room
will be provided upon registration.
Seating is limited and will be on a first
come, first served basis. Requests for
sign language interpretation, other
auxiliary aids, or pre-registration,
should be submitted no later than 5 p.m.
EDT on February 16, 2015, to Niara
Phillips, the U.S. Travel and Tourism
Advisory Board, Room 4043, 1401
Constitution Avenue NW., Washington,
DC 20230, telephone 202–482–4501,
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7576-7578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02838]
-----------------------------------------------------------------------
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; 2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the ninth 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
28 exporters of subject merchandise, of which the Department selected
one company 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, 2013, through December 31, 2013. The
Department preliminarily determines that the mandatory respondent in
the NSR has not made sales of subject merchandise at less than normal
value. Additionally, the Department preliminarily determines that it
will treat the mandatory respondent in the AR as part of the PRC-wide
entity. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: February 11, 2015.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor 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, 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) and 751(a)(2)(B) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.213 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. A list of topics discussed in the Preliminary Decision
Memorandum is provided as Appendix I to 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 (``ACCESS'').\3\ ACCESS is
available to registered users at https://access.trade.gov and in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\3\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Notice of Intent To Rescind AR, in Part
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.'' \4\ The Department selected Jiedong Lehouse
Furniture Co., Ltd. (``Jiedong Lehouse'') as a mandatory respondent.\5\
The Department preliminarily determines that Jiedong Lehouse did not
establish its eligibility for a separate rate for the reasons explained
in the Preliminary Decision Memorandum. Accordingly, we are
preliminarily treating Jiedong Lehouse as part of the PRC-wide entity.
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, at 79 FR
11401, 11402.
\5\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
In addition, 15 other companies for which a review was requested
failed to provide separate rate applications or certifications
necessary to establish their eligibility for a separate rate. The
Department preliminarily determines to treat these 15 companies as part
of the PRC-wide entity.\6\ For additional
[[Page 7577]]
information regarding this determination, see the Preliminary Decision
Memorandum. Because no request for review was made of the PRC-wide
entity, we intend to rescind the review with respect to 16 companies
(which includes Jiedong Lehouse and the other 15 other companies which
did not demonstrate their eligibility for separate rate status) as part
of the PRC-wide entity, at the final results.\7\
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\6\ Those 15 companies not establishing their eligibility for a
separate rate are: (1) Art Heritage International, Ltd., Super Art
Furniture Co., Ltd., Artwork Metal & Plastic Co., Ltd., Jibson
Industries Ltd., Always Loyal International; (2) Cheng Meng
Furniture (Pte) Ltd., Cheng Meng Decoration & Furniture (Suzhou)
Co., Ltd.; (3) Coe., Ltd.; (4) Dalian Huafeng Furniture Co., Ltd.;
(5) Dalian Huafeng Furniture Group Co., Ltd.; (6) Dongguan Hung
Sheng Artware Products Co., Ltd., Coronal Enterprise Co., Ltd.; (7)
Dongguan Yujia Furniture Co., Ltd./Dongguan Yujia Furniture Co.,
Ltd.; (8) Liang Huang (Jiaxing) Enterprise Co., Ltd.; (9) Marvin
Furniture (Shanghai) Co. Ltd.; (10) Prime Best Factory; (11) Prime
Best International Co., Ltd.; (12) Prime Wood International Co.,
Ltd; (13) Sen Yeong International Co., Ltd., Sheh Hau International
Trading Ltd.; (14) Strongson Furniture (Shenzhen) Co., Ltd.,
Strongson Furniture Co., Ltd., Strongson (Hk) Co.; and (15) Zhang
Zhou Sanlong Wood Product Co., Ltd.
\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
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Preliminary Determination of No-Shipments
Based on an analysis of U.S. Customs and Border Protection
(``CBP'') information, and comments provided by a number of companies,
the Department preliminarily determines that 12 of the companies for
which an administrative review was requested and that claimed no
shipments during this POR did not have any reviewable transactions
during the POR.\8\ For additional information regarding this
determination, see the Preliminary Decision Memorandum.\9\ Consistent
with an announced refinement to its assessment practice in NME cases,
the Department is not rescinding this administrative review, in part,
but intends to complete the review with respect to the companies for
which it has preliminarily found no shipments and issue appropriate
instructions to CBP based on the final results of the review.\10\
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\8\ Those 12 companies with no shipments during the POR are: (1)
Baigou Crafts Factory Of Fengkai; (2) Clearwise Company Limited; (3)
Dongguan Chengcheng Furniture Co., Ltd./Dongguan Chengcheng
Furniture Co., Ltd.; (4) Dongguan Singways Furniture Co., Ltd.; (5)
Eurosa (Kunshan) Co., Ltd., Eurosa Furniture Co., (Pte) Ltd.; (6)
Golden Well International (HK) Ltd./Zhangzhou XYM Furniture Product
Co., Ltd.; (7) Hangzhou Cadman Trading Co., Ltd./Haining Changbei
Furniture Co., Ltd.; (8) Hualing Furniture (China) Co., Ltd., Tony
House Manufacture (China) Co., Ltd., Buysell Investments Ltd., Tony
House Industries Co., Ltd.; (9) Rizhao Sanmu Woodworking Co., Ltd.;
(10) Shenyang Shining Dongxing Furniture Co., Ltd.; (11) Yeh
Brothers World Trade, Inc.; and (12) Zhejiang Tianyi Scientific &
Educational Equipment Co., Ltd./Zhejiang Tianyi Scientific &
Educational Equipment Co., Ltd.
\9\ See also Memorandum from Patrick O'Connor, International
Trade Compliance Analyst, Office IV, to Abdelali Elouaradia
Director, Office IV, AD/CVD Operations, regarding the ``Antidumping
Duty Administrative Review of Wooden Bedroom Furniture from the
People's Republic of China: Analysis of No Exports, Sales, or
Entries by Certain Companies,'' dated concurrently with this notice.
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
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Preliminary Results of NSR
Regarding the NSR, we preliminarily determine that the following
weighted-average dumping margin exists for the period January 1, 2013
through December 31, 2013:
------------------------------------------------------------------------
Weighted-average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Wuxi Yushea Furniture Co., Ltd.. Wuxi Yushea 0.00
Furniture Co.,
Ltd.
------------------------------------------------------------------------
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.\11\
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.\12\
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\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\13\ 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.\14\
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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The Department will issue the final results of this AR and NSR,
which will include the results of its analysis of issues raised in any
briefs received, within 120 days of publication of these preliminary
results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of these reviews, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by these reviews.\15\ The Department
intends to issue assessment instructions to CBP 15 days after the
publication date of the final results of these reviews.
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\15\ See 19 CFR 351.212(b).
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For each individually examined respondent in these reviews whose
weighted-average dumping margin is above de minimis (i.e., 0.5 percent)
in the final results of these reviews, the Department will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those sales, in accordance with 19 CFR
351.212(b)(1).\16\ Where an importer- (or customer-) specific ad
valorem rate is greater than de minimis, the Department will instruct
CBP to collect the appropriate duties at the time of liquidation.\17\
Where either a respondent's weighted average dumping margin is zero or
de minimis, or an importer- (or customer-) specific ad valorem dumping
margin is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\18\
We intend to instruct CBP to liquidate entries of subject merchandise
exported by the PRC-wide entity at the PRC-wide rate.
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\16\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\17\ See 19 CFR 351.212(b)(1).
\18\ See 19 CFR 351.212(b)(1).
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The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales database
[[Page 7578]]
submitted by companies individually examined during the administrative
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, if the Department determines that an
exporter had no shipments of subject merchandise, any suspended entries
that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the PRC-wide rate.\19\
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\19\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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, which
is 216.01 percent; 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.
With respect to Wuxi Yushea, 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 Wuxi Yushea, the cash deposit rate
will be the rate established for Wuxi Yushea in the final results of
the NSR; (2) for subject merchandise exported by Wuxi Yushea, but not
produced by Wuxi Yushea, the cash deposit rate will be the rate for the
PRC-wide entity; and (3) for the subject merchandise produced by Wuxi
Yushea, but not exported by Wuxi Yushea, 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), 751(a)(2)(B), and 777(i)(1) of the Act and 19 CFR
351.213 and 19 CFR 351.214.
Dated: February 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
(1) Summary
(2) Background
(3) Scope of the Order
(4) Respondent Selection for the AR
(5) Discussion Of The Methodology
a. Preliminary Determination of No Shipments
b. Bona Fides Analysis
c. Duty Absorption
d. NME Country Status
e. Separate Rates
f. Surrogate Country
g. Economic Comparability
h. Significant Producer of Comparable Merchandise
i. Data Availability
j. Date of Sale
k. Fair Value Comparisons
l. Differential Pricing Analysis
m. U.S. Price
n. Normal Value
o. Currency Conversion
p.
(6) Conclusion
[FR Doc. 2015-02838 Filed 2-10-15; 8:45 am]
BILLING CODE 3510-DS-P