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, 31014-31016 [2015-13107]
Download as PDF
31014
Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
resources on increasing the exports of
the U.S. environmental industry.
ETTAC operates as an advisory
committee to the Secretary of Commerce
and the Trade Promotion Coordinating
Committee (TPCC). ETTAC was
originally chartered in May of 1994. It
was most recently re-chartered until
August 2016.
DEPARTMENT OF COMMERCE
International Trade Administration
Environmental Technologies Trade
Advisory Committee Public Meeting
International Trade
Administration, DOC.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
This notice sets forth the
schedule and proposed agenda of a
meeting of the Environmental
Technologies Trade Advisory
Committee (ETTAC).
DATES: The meeting is scheduled for
Tuesday, June 30, 2015, at 8:30 a.m.
Eastern Daylight Time (EDT).
ADDRESSES: The meeting will be held in
Room 4830 at the U.S. Department of
Commerce, Herbert Clark Hoover
Building, 1401 Constitution Avenue
NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Ms.
Maureen Hinman, Office of Energy &
Environmental Industries (OEEI),
International Trade Administration,
Room 4053, 1401 Constitution Avenue
NW., Washington, DC 20230 (Phone:
202–482–0627; Fax: 202–482–5665;
email: maureen.hinman@trade.gov.)
This meeting is physically accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
OEEI at (202) 482–5225 no less than one
week prior to the meeting.
SUPPLEMENTARY INFORMATION: The
meeting will take place from 8:30 a.m.
to 3:30 p.m. EDT. The general meeting
is open to the public and time will be
permitted for public comment from
3:00–3:30 p.m. EDT. Those interested in
attending must provide notification by
Friday, June 12, 2015 at 5:00 p.m. EDT,
via the contact information provided
above. Written comments concerning
ETTAC affairs are welcome any time
before or after the meeting. Minutes will
be available within 30 days of this
meeting.
Topics to be considered: The agenda
for the Tuesday, June 30, 2015 ETTAC
meeting is as follows:
8:30 a.m.–3:30 p.m.
1. Discussion of priorities and
objectives for the committee
2. Status updates on ongoing trade
negotiations related to
environmental technologies
3. Subcommittee working meetings
Background: The ETTAC is mandated
by Public Law 103–392. It was created
to advise the U.S. government on
environmental trade policies and
programs, and to help it to focus its
Lhorne on DSK2VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
14:50 May 29, 2015
Jkt 235001
Edward A. O’Malley,
Office Director, Office of Energy and
Environmental Industries.
[FR Doc. 2015–13158 Filed 5–29–15; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China: Notice of
Initiation of Changed Circumstances
Review, and Consideration of
Revocation of the Antidumping Duty
Order in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Olollo, Inc., (‘‘Olollo’’) the Department
of Commerce (the ‘‘Department’’) is
initiating a changed circumstances
review to consider the possible
revocation, in part, of the antidumping
duty (‘‘AD’’) order on wooden bedroom
furniture from the People’s Republic of
China (‘‘PRC’’) with respect to certain
bed bases.
DATES: Effective Date: June 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Howard Smith or Valerie Ellis, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5193 or (202) 482–
4551, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 4, 2005, the Department
published the Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture
From the People’s Republic of China, 70
FR 329 (January 4, 2005). On April 10,
2015, Olollo, an importer of the subject
merchandise, requested revocation, in
part, of the AD order pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (‘‘the Act’’) and 19 CFR
351.216(b), with respect to bed bases
consisting of: (1) A wooden box frame,
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
(2) three wooden cross beams and one
perpendicular center wooden support
beam, and (3) wooden slats over the
beams. These bed bases are constructed
without inner springs and/or coils and
do not include a headboard, footboard,
side rails, or mattress. The bed bases are
imported unassembled. On April 27,
2015, the American Furniture
Manufacturers Committee for Legal
Trade and Vaughan-Bassett Furniture
Company, Inc. (collectively,
‘‘Petitioners’’) stated that they agree
with the scope exclusion language
proposed by Olollo for certain bed
bases.1
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-
1 See April 27, 2015 letter from Petitioners Re:
Wooden Bedroom Furniture From The People’s
Republic of China/Petitioners’ Response to Olollo’s
Letter of April 10, 2015.
E:\FR\FM\01JNN1.SGM
01JNN1
Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
Lhorne on DSK2VPTVN1PROD with NOTICES
on-chests,2 highboys,3 lowboys,4 chests
of drawers,5 chests,6 door chests,7
chiffoniers,8 hutches,9 and armoires; 10
(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; 11
2 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.
3 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).
4 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
5 A chest of drawers is typically a case containing
drawers for storing clothing.
6 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.
7 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.
8 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
9 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
10 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.
11 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.
VerDate Sep<11>2014
14:50 May 29, 2015
Jkt 235001
(9) jewelry armories; 12 (10) cheval
mirrors; 13 (11) certain metal parts; 14
(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; 15 (14) toy
boxes; 16 (15) enclosable wall bed
12 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
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).
13 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).
14 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.
15 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).
16 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
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
31015
units; 17 and (16) shoe cabinets.18
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, 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
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.
17 Enclosable wall bed units, also referred to as
murphy beds, 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. See Wooden
Bedroom Furniture From the People’s Republic of
China: Final Results of Changed Circumstances
Review, and Revocation of Antidumping Duty
Order, in Part, 79 FR 64569 (October 30, 2014).
18 Excluded shoe cabinets are 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. See
Wooden Bedroom Furniture From the People’s
Republic of China: Final Results of Changed
Circumstances Review, and Revocation of
Antidumping Duty Order, in Part, 80 FR 18383
(April 6, 2015).
E:\FR\FM\01JNN1.SGM
01JNN1
31016
Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
determination pursuant to 19 CFR
351.221(c)(3)(ii). As explained below,
this notice of initiation will afford all
interested parties an opportunity to
address the proposed partial revocation.
Initiation of Changed Circumstances
Review, and Consideration of
Revocation of the Order in Part
Pursuant to section 751(b) of the Act,
the Department will conduct a changed
circumstances review upon receipt of a
request from an interested party 19
which shows changed circumstances
sufficient to warrant a review of an
order.20 Based on the information
provided by Olollo, the Department has
determined that there exist changed
circumstances sufficient to warrant a
changed circumstances review of the
AD order on wooden bedroom furniture
from the PRC.21
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that the
Department may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
interest in the order, in whole or in part.
In addition, in the event the Department
determines that expedited action is
warranted, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the
notices of initiation and preliminary
results. In its administrative practice,
the Department has interpreted
‘‘substantially all’’ to mean producers
accounting for at least 85 percent of the
total U.S. production of the domestic
like product covered by the order.22
Petitioners state that they agree with the
exclusion request, however, because
Petitioners did not indicate whether
they account for substantially all of the
domestic production of wooden
bedroom furniture, we are providing
interested parties with the opportunity
to address the issue of domestic
industry support with respect to this
proposed partial revocation of the order,
and we are not combining this notice of
initiation with a preliminary
Lhorne on DSK2VPTVN1PROD with NOTICES
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.
Interested parties are invited to
provide comments and/or factual
information regarding this changed
circumstances review, including
comments concerning industry support.
Comments and factual information may
be submitted to the Department no later
than 14 days after the date of
publication of this notice. Rebuttal
comments and rebuttal factual
information may be filed with the
Department no later than 10 days after
the comments and/or factual
information are filed.23 All submissions
must be filed electronically using
Enforcement and Compliance’s AD and
CVD Centralized Electronic Service
System (ACCESS).24 An electronically
filed document must be received
successfully in its entirety by ACCESS,
by 5 p.m. Eastern Time on the due dates
set forth in this notice.
The Department will issue the
preliminary results of this changed
circumstances review, in accordance
with 19 CFR 351.221(c)(3), which will
set forth the factual and legal
conclusions upon which the
preliminary results are based, and a
description of any action proposed
because of those results. Pursuant to 19
CFR 351.221(b)(4)(ii), interested parties
will have an opportunity to comment on
the preliminary results of the review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of its AD changed circumstance review
within 270 days after the date on which
the review is initiated.
This initiation is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221(b)(1).
19 Olollo stated in its April 29, 2015 entry of
appearance that it is an importer of subject
merchandise and as such is an interested party
pursuant to 19 CFR 351.102(a)(29)(ii).
20 See 19 CFR 351.216.
21 See section 751(b) of the Act and 19 CFR
351.216(d).
22 See, e.g., Certain Cased Pencils From the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent To Revoke Order
in Part, 77 FR 42276 (July 18, 2012) (Pencils),
unchanged in Certain Cased Pencils From the
People’s Republic of China: Final Results of
Antidumping Duty Changed Circumstances Review,
and Determination To Revoke Order, in Part, 77 FR
53176 (August 31, 2012).
VerDate Sep<11>2014
14:50 May 29, 2015
Jkt 235001
Public Comment
Dated: May 22, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–13107 Filed 5–29–15; 8:45 am]
BILLING CODE 3510–DS–P
23 See
19 CFR 351.301(b)(2)
generally, 19 CFR 351.303.
24 See,
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734 of
the Act would be likely to lead to
continuation or recurrence of dumping
or a countervailable subsidy (as the case
may be) and of material injury.
Upcoming Sunset Reviews for July 2015
The following Sunset Reviews are
scheduled for initiation in July 2015 and
will appear in that month’s Notice of
Initiation of Five-Year Sunset Review
(‘‘Sunset Review’’).
Antidumping Duty Proceedings
Woven Electric Blankets from China
(A–570–951) (1st Review)
Department Contact
Matthew Renkey, (202) 482–2312.
Countervailing Duty Proceedings
No Sunset Review of countervailing
duty orders is scheduled for initiation in
July 2015.
Suspended Investigations
No Sunset Review of suspended
investigations is scheduled for initiation
in July 2015.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (‘‘Sunset’’)
Reviews provides further information
regarding what is required of all parties
to participate in Sunset Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
E:\FR\FM\01JNN1.SGM
01JNN1
Agencies
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31014-31016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13107]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Notice of Initiation of Changed Circumstances Review, and Consideration
of Revocation of the Antidumping Duty Order in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Olollo, Inc., (``Olollo'') the
Department of Commerce (the ``Department'') is initiating a changed
circumstances review to consider the possible revocation, in part, of
the antidumping duty (``AD'') order on wooden bedroom furniture from
the People's Republic of China (``PRC'') with respect to certain bed
bases.
DATES: Effective Date: June 1, 2015.
FOR FURTHER INFORMATION CONTACT: Howard Smith or Valerie Ellis, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5193 or (202) 482-4551, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2005, the Department published the Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture From the People's Republic of
China, 70 FR 329 (January 4, 2005). On April 10, 2015, Olollo, an
importer of the subject merchandise, requested revocation, in part, of
the AD order pursuant to section 751(b)(1) of the Tariff Act of 1930,
as amended (``the Act'') and 19 CFR 351.216(b), with respect to bed
bases consisting of: (1) A wooden box frame, (2) three wooden cross
beams and one perpendicular center wooden support beam, and (3) wooden
slats over the beams. These bed bases are constructed without inner
springs and/or coils and do not include a headboard, footboard, side
rails, or mattress. The bed bases are imported unassembled. On April
27, 2015, the American Furniture Manufacturers Committee for Legal
Trade and Vaughan-Bassett Furniture Company, Inc. (collectively,
``Petitioners'') stated that they agree with the scope exclusion
language proposed by Olollo for certain bed bases.\1\
---------------------------------------------------------------------------
\1\ See April 27, 2015 letter from Petitioners Re: Wooden
Bedroom Furniture From The People's Republic of China/Petitioners'
Response to Olollo's Letter of April 10, 2015.
---------------------------------------------------------------------------
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-
[[Page 31015]]
on-chests,\2\ highboys,\3\ lowboys,\4\ chests of drawers,\5\ chests,\6\
door chests,\7\ chiffoniers,\8\ hutches,\9\ and armoires; \10\ (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.
---------------------------------------------------------------------------
\2\ 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.
\3\ 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).
\4\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\5\ A chest of drawers is typically a case containing drawers
for storing clothing.
\6\ 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.
\7\ 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.
\8\ A chiffonier is typically a tall and narrow chest of drawers
normally used for storing undergarments and lingerie, often with
mirror(s) attached.
\9\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\10\ 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.
---------------------------------------------------------------------------
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; \11\ (9) jewelry armories; \12\ (10) cheval mirrors;
\13\ (11) certain metal parts; \14\ (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; \15\ (14) toy boxes; \16\
(15) enclosable wall bed units; \17\ and (16) shoe cabinets.\18\
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, 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
[[Page 31016]]
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.
---------------------------------------------------------------------------
\11\ 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.
\12\ 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).
\13\ 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).
\14\ 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.
\15\ 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).
\16\ 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.
\17\ Enclosable wall bed units, also referred to as murphy beds,
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. See Wooden Bedroom Furniture From the People's Republic of
China: Final Results of Changed Circumstances Review, and Revocation
of Antidumping Duty Order, in Part, 79 FR 64569 (October 30, 2014).
\18\ Excluded shoe cabinets are 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. See Wooden Bedroom
Furniture From the People's Republic of China: Final Results of
Changed Circumstances Review, and Revocation of Antidumping Duty
Order, in Part, 80 FR 18383 (April 6, 2015).
---------------------------------------------------------------------------
Initiation of Changed Circumstances Review, and Consideration of
Revocation of the Order in Part
Pursuant to section 751(b) of the Act, the Department will conduct
a changed circumstances review upon receipt of a request from an
interested party \19\ which shows changed circumstances sufficient to
warrant a review of an order.\20\ Based on the information provided by
Olollo, the Department has determined that there exist changed
circumstances sufficient to warrant a changed circumstances review of
the AD order on wooden bedroom furniture from the PRC.\21\
---------------------------------------------------------------------------
\19\ Olollo stated in its April 29, 2015 entry of appearance
that it is an importer of subject merchandise and as such is an
interested party pursuant to 19 CFR 351.102(a)(29)(ii).
\20\ See 19 CFR 351.216.
\21\ See section 751(b) of the Act and 19 CFR 351.216(d).
---------------------------------------------------------------------------
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that the Department may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In addition, in the event
the Department determines that expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits the Department to combine the notices of
initiation and preliminary results. In its administrative practice, the
Department has interpreted ``substantially all'' to mean producers
accounting for at least 85 percent of the total U.S. production of the
domestic like product covered by the order.\22\ Petitioners state that
they agree with the exclusion request, however, because Petitioners did
not indicate whether they account for substantially all of the domestic
production of wooden bedroom furniture, we are providing interested
parties with the opportunity to address the issue of domestic industry
support with respect to this proposed partial revocation of the order,
and we are not combining this notice of initiation with a preliminary
determination pursuant to 19 CFR 351.221(c)(3)(ii). As explained below,
this notice of initiation will afford all interested parties an
opportunity to address the proposed partial revocation.
---------------------------------------------------------------------------
\22\ See, e.g., Certain Cased Pencils From the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012) (Pencils), unchanged in Certain Cased
Pencils From the People's Republic of China: Final Results of
Antidumping Duty Changed Circumstances Review, and Determination To
Revoke Order, in Part, 77 FR 53176 (August 31, 2012).
---------------------------------------------------------------------------
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding this changed circumstances review, including
comments concerning industry support. Comments and factual information
may be submitted to the Department no later than 14 days after the date
of publication of this notice. Rebuttal comments and rebuttal factual
information may be filed with the Department no later than 10 days
after the comments and/or factual information are filed.\23\ All
submissions must be filed electronically using Enforcement and
Compliance's AD and CVD Centralized Electronic Service System
(ACCESS).\24\ An electronically filed document must be received
successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the
due dates set forth in this notice.
---------------------------------------------------------------------------
\23\ See 19 CFR 351.301(b)(2)
\24\ See, generally, 19 CFR 351.303.
---------------------------------------------------------------------------
The Department will issue the preliminary results of this changed
circumstances review, in accordance with 19 CFR 351.221(c)(3), which
will set forth the factual and legal conclusions upon which the
preliminary results are based, and a description of any action proposed
because of those results. Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an opportunity to comment on the
preliminary results of the review. In accordance with 19 CFR
351.216(e), the Department will issue the final results of its AD
changed circumstance review within 270 days after the date on which the
review is initiated.
This initiation is published in accordance with section 751(b)(1)
of the Act and 19 CFR 351.221(b)(1).
Dated: May 22, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015-13107 Filed 5-29-15; 8:45 am]
BILLING CODE 3510-DS-P