Wooden Bedroom Furniture From the People's Republic of China: Final Results of Changed Circumstances Review, and Revocation of Antidumping Duty Order, in Part, 18383-18385 [2015-07831]
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Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices
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 February 6, 2015, 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
shoe cabinets.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 shoe
cabinets. 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: April 6, 2015.
FOR FUTHER INFORMATION CONTACT:
Thomas Martin 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) 482–3936 or (202) 482–
5193, respectively.
AGENCY:
Background
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On January 4, 2005, the Department
published the Order in the Federal
Register. On June 2, 2014, the
Department received a request on behalf
of Elements International Group LLC
(‘‘Elements’’) for a changed
circumstances review to revoke, in part,
the Order with respect to certain shoe
cabinets.3 On July 15, 2014, we
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, 80 FR
6690 (February 6, 2015) (‘‘Preliminary Results’’).
3 See Submission from Elements, ‘‘Wooden
Bedroom Furniture from the People’s Republic of
China: Request for a Changed Circumstance Review
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18:14 Apr 03, 2015
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published the Initiation Notice in the
Federal Register.4 On February 6, 2015,
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 shoe
cabinets described in Elements’
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 6 lack interest in the
relief provided by the Order with
respect to certain shoe cabinets, we are
revoking the Order, in part, with respect
to certain shoe cabinets by including the
following language in the scope of the
Order:
Also excluded from the scope are certain
shoe cabinets 31.5–33.5 inches wide by 15.5–
17.5 inches deep by 34.5–36.5 inches high.
They are designed strictly to store shoes,
which are intended to be aligned in rows
perpendicular to the wall along which the
cabinet is positioned. Shoe cabinets do not
have drawers, rods, or other indicia for the
storage of clothing other than shoes. The
cabinets are not designed, manufactured, or
offered for sale in coordinated groups or sets
and are made substantially of wood, have
two to four shelves inside them, and are
Regarding Shoe Cabinets,’’ dated June 2, 2014
(‘‘Elements’ 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 41260 (July 15, 2014) (‘‘Initiation
Notice’’)
5 See Preliminary Results.
6 On June 3, 2014, the American Furniture
Manufacturers Committee for Legal Trade and
Vaughan-Bassett Furniture Company, Inc.
(‘‘Petitioners’’) submitted a letter to the Department
stating that it agreed with the proposed scope
exclusion language. See Submission from
Petitioners, ‘‘Wooden Bedroom Furniture From The
People’s Republic of China/Petitioners’ Response to
Elements’ Letter of June 2, 2014,’’ dated June 3,
2014. The American Furniture Manufacturers
Committee for Legal Trade filed the original
petition in this proceeding. See Initiation of
Antidumping Duty Investigation: Wooden Bedroom
Furniture from the People’s Republic of China, 68
FR 70228 (December 17, 2003).
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18383
covered by doors. The doors often have
blinds that are designed to allow air
circulation and release of bad odors. The
doors themselves may be made of wood or
glass. The depth of the shelves does not
exceed 14 inches. Each shoe cabinet has
doors, adjustable shelving, and ventilation
holes.
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) chestson-chests,7 highboys,8 lowboys,9 chests
7 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.
8 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).
9 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
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18384
Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices
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of drawers,10 chests,11 door chests,12
chiffoniers,13 hutches,14 and
armoires; 15 (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; 16
(9) jewelry armories; 17 (10) cheval
10 A chest of drawers is typically a case
containing drawers for storing clothing.
11 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.
12 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.
13 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
14 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
15 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.
16 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.
17 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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18:14 Apr 03, 2015
Jkt 235001
mirrors; 18 (11) certain metal parts; 19
(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 20 ; and (14) toy
boxes.21 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).
18 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).
19 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.
20 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).
21 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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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.
Also excluded from the scope are
certain shoe cabinets 31.5–33.5 inches
wide by 15.5–17.5 inches deep by 34.5–
36.5 inches high. They are designed
strictly to store shoes, which are
intended to be aligned in rows
perpendicular to the wall along which
the cabinet is positioned. Shoe cabinets
do not have drawers, rods, or other
indicia for the storage of clothing other
than shoes. The cabinets are not
designed, manufactured, or offered for
sale in coordinated groups or sets and
are made substantially of wood, have
two to four shelves inside them, and are
covered by doors. The doors often have
blinds that are designed to allow air
circulation and release of bad odors.
The doors themselves may be made of
wood or glass. The depth of the shelves
does not exceed 14 inches. Each shoe
cabinet has doors, adjustable shelving,
and ventilation holes.
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,
9403.20.0018, or 9403.90.8041. 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
furniture order apply to the box itself rather than
the lid.
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Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices
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: March 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–07831 Filed 4–3–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Department of the Navy
tkelley on DSK4VPTVN1PROD with NOTICES
Notice of Availability and Notice of
Public Meetings for the Draft
Environmental Impact Statement/
Overseas Environmental Impact
Statement for Commonwealth of the
Northern Mariana Islands Joint Military
Training
Department of the Navy,
Department of Defense.
ACTION: Notice.
AGENCY:
Pursuant to section 102(2)(c)
of the National Environmental Policy
Act of 1969, and regulations
SUMMARY:
VerDate Sep<11>2014
18:14 Apr 03, 2015
Jkt 235001
implemented by the Council on
Environmental Quality (40 Code of
Federal Regulations parts 1500–1508),
Presidential E. O. 12114, Department of
the Navy Procedures for Implementing
NEPA (32 CFR part 775), and United
States (U.S.) Marine Corps NEPA
implementing regulations (Marine Corps
Order P5090.2A), the U.S. Marine Corps
Forces, Pacific (MARFORPAC) has
prepared and filed with the U.S.
Environmental Protection Agency a
Draft Environmental Impact Statement/
Overseas Environmental Impact
Statement (EIS/OEIS). The Draft EIS/
OEIS evaluates the potential
environmental impacts associated with
the establishment of a series of live-fire
ranges, training courses and maneuver
areas in the Commonwealth of the
Northern Mariana Islands (CNMI) to
reduce existing joint service training
deficiencies and meet U.S. Pacific
Command (PACOM) Service
Components’ unfilled unit and
combined level training requirements in
the Western Pacific. The Federal
Aviation Administration (FAA);
International Broadcasting Bureau (IBB);
U.S. Army Corps of Engineers (USACE);
National Marine Fisheries Service; U.S.
Air Force; and U.S. Department of
Interior, Office of Insular Affairs are
cooperating agencies for this Draft EIS/
OEIS. MARFORPAC has also developed
a Memorandum of Understanding with
the PACOM Service Components
regarding their support and engagement
in the development of the EIS/OEIS.
With the filing of the Draft EIS/OEIS,
the Department of Defense (DoD) is
initiating a 60-day public comment
period and has scheduled three public
comment meetings to receive oral and
written comments on the Draft EIS/
OEIS. Federal, state and local agencies
and interested parties are encouraged to
provide comments in person at any of
the public comment meetings, or in
writing anytime during the public
comment period. This Notice announces
the dates and locations of the public
meetings and provides supplementary
information about the environmental
planning effort.
Three public meetings will be
held, each including an informational
open house followed by a public
hearing. Each meeting will begin with a
two-hour open house session where the
public can learn more about the
proposed action and potential
environmental impacts from project
team members and subject matter
experts. A public hearing will follow the
open house. The public is encouraged to
attend the meetings, which will be held
DATES:
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18385
on the following dates, times, and
locations:
• Wednesday, April 29, 2015,
5:00p.m.–8:00p.m., Saipan Southern
High School, Saipan
• Thursday, April 30, 2015, 5:00p.m.–
8:00p.m., Tinian Junior Senior High
School, Tinian
• Friday, May 1, 2015, 5:00p.m.–
8:00p.m., Garapan Elementary School,
Saipan
Informational posters will be
displayed and project team members
and subject matter experts will be
available during the open house portion
of the meetings to discuss the proposed
action, answer questions, and to accept
written comments from the public. A
Chamorro and Carolinian interpreter
will be available. Oral comments will be
recorded by a court reporter during the
public hearing portion of the meetings.
In the interest of available time,
speakers at the public hearing will be
limited to three (3) minutes to ensure all
who wish to speak have an opportunity
to do so. If a long statement is to be
presented, it should be summarized at
the public hearing and the full text
submitted in writing. Full and equal
consideration will be given to oral and
written statements. Concurrent with the
NEPA process, the DoD is conducting
National Historic Preservation Act
(NHPA) section 106 consultation
regarding potential effects of the
proposed action on historic properties.
During each of the above meetings, the
DoD will hold NHPA section 106
information sessions in a separate area
where subject matter experts will
explain the NHPA section 106 process
and solicit public input on the effects of
the proposed action on historic
properties.
Comments: Comments on the Draft
EIS/OEIS may be submitted during the
60-day public comment period starting
on April 3, 2015 Hawaii Standard Time
(HST) (April 4, 2015 Chamorro Standard
Time [ChST]). Comments should be
postmarked or received by June 2, 2015
HST (June 3, 2015 ChST). There are
three ways to submit written comments:
(1) providing comments at one of the
public meetings; (2) submitting
comments through the project Web site:
www.CNMIJointMilitaryTraining
EIS.com; and (3) mailing comments to
the following addresses: Naval Facilities
Engineering Command, Pacific, Attn:
09PA, Public Affairs Office, 258
Makalapa Drive, Suite 100, JBPHH, HI
96860–3134.
The Draft EIS/OEIS was distributed to
federal and local agencies, elected
officials, and other interested
individuals and organizations. The Draft
EIS/OEIS is available for public review
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Agencies
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Pages 18383-18385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07831]
[[Page 18383]]
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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 February 6, 2015, 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 shoe
cabinets.\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 shoe cabinets. 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, 80 FR 6690
(February 6, 2015) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: April 6, 2015.
FOR FUTHER INFORMATION CONTACT: Thomas Martin 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-
3936 or (202) 482-5193, respectively.
Background
On January 4, 2005, the Department published the Order in the
Federal Register. On June 2, 2014, the Department received a request on
behalf of Elements International Group LLC (``Elements'') for a changed
circumstances review to revoke, in part, the Order with respect to
certain shoe cabinets.\3\ On July 15, 2014, we published the Initiation
Notice in the Federal Register.\4\ On February 6, 2015, 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 shoe cabinets described in Elements' 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 Elements, ``Wooden Bedroom Furniture
from the People's Republic of China: Request for a Changed
Circumstance Review Regarding Shoe Cabinets,'' dated June 2, 2014
(``Elements' 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 41260 (July 15, 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 \6\ lack interest in the relief
provided by the Order with respect to certain shoe cabinets, we are
revoking the Order, in part, with respect to certain shoe cabinets by
including the following language in the scope of the Order:
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\6\ On June 3, 2014, the American Furniture Manufacturers
Committee for Legal Trade and Vaughan-Bassett Furniture Company,
Inc. (``Petitioners'') submitted a letter to the Department stating
that it agreed with the proposed scope exclusion language. See
Submission from Petitioners, ``Wooden Bedroom Furniture From The
People's Republic of China/Petitioners' Response to Elements' Letter
of June 2, 2014,'' dated June 3, 2014. The American Furniture
Manufacturers Committee for Legal Trade filed the original petition
in this proceeding. See Initiation of Antidumping Duty
Investigation: Wooden Bedroom Furniture from the People's Republic
of China, 68 FR 70228 (December 17, 2003).
Also excluded from the scope are certain shoe cabinets 31.5-33.5
inches wide by 15.5-17.5 inches deep by 34.5-36.5 inches high. They
are designed strictly to store shoes, which are intended to be
aligned in rows perpendicular to the wall along which the cabinet is
positioned. Shoe cabinets do not have drawers, rods, or other
indicia for the storage of clothing other than shoes. The cabinets
are not designed, manufactured, or offered for sale in coordinated
groups or sets and are made substantially of wood, have two to four
shelves inside them, and are covered by doors. The doors often have
blinds that are designed to allow air circulation and release of bad
odors. The doors themselves may be made of wood or glass. The depth
of the shelves does not exceed 14 inches. Each shoe cabinet has
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doors, adjustable shelving, and ventilation holes.
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,\7\ highboys,\8\ lowboys,\9\ chests
[[Page 18384]]
of drawers,\10\ chests,\11\ door chests,\12\ chiffoniers,\13\
hutches,\14\ and armoires; \15\ (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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\7\ 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.
\8\ 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).
\9\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\10\ A chest of drawers is typically a case containing drawers
for storing clothing.
\11\ 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.
\12\ 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.
\13\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\14\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\15\ 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; \16\ (9) jewelry armories; \17\ (10) cheval mirrors;
\18\ (11) certain metal parts; \19\ (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 \20\ ; and (14) toy
boxes.\21\ 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 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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\16\ 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.
\17\ 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).
\18\ 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).
\19\ 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.
\20\ 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).
\21\ 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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Also excluded from the scope are certain shoe cabinets 31.5-33.5
inches wide by 15.5-17.5 inches deep by 34.5-36.5 inches high. They are
designed strictly to store shoes, which are intended to be aligned in
rows perpendicular to the wall along which the cabinet is positioned.
Shoe cabinets do not have drawers, rods, or other indicia for the
storage of clothing other than shoes. The cabinets are not designed,
manufactured, or offered for sale in coordinated groups or sets and are
made substantially of wood, have two to four shelves inside them, and
are covered by doors. The doors often have blinds that are designed to
allow air circulation and release of bad odors. The doors themselves
may be made of wood or glass. The depth of the shelves does not exceed
14 inches. Each shoe cabinet has doors, adjustable shelving, and
ventilation holes.
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, 9403.20.0018, or 9403.90.8041. 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
[[Page 18385]]
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: March 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-07831 Filed 4-3-15; 8:45 am]
BILLING CODE 3510-DS-P