Wooden Bedroom Furniture From the People's Republic of China: Final Results of Changed Circumstances Review, and Revocation of Antidumping Duty Order, in Part, 57150-57152 [2015-24090]
Download as PDF
57150
Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Notices
industry in the United States within a
reasonably foreseeable time.3
Scope of the Order
For purposes of the order, the term
‘‘certain crepe paper’’ includes crepe
paper products that have a basis weight
not exceeding 29 grams per square
meter prior to being creped and, if
appropriate, flame-proofed. Crepe paper
has a finely wrinkled surface texture
and typically but not exclusively is
treated to be flame-retardant. Crepe
paper is typically but not exclusively
produced as streamers in roll form and
packaged in plastic bags. Crepe paper
may or may not be bleached, dye
colored, surface-colored, surface
decorated or printed, glazed, sequined,
embossed, die-cut, and/or flame
retardant. Subject crepe paper may be
rolled, flat or folded, and may be
packaged by banding or wrapping with
paper, by placing in plastic bags, and/
or by placing in boxes for distribution
and use by the ultimate consumer.
Packages of crepe paper subject to this
order may consist solely of crepe paper
of one color and/or style, or may contain
multiple colors and/or styles. The
merchandise subject to this order does
not have specific classification numbers
assigned to them under the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’). Subject merchandise may
be under one or more of several
different HTSUS subheadings,
including: 4802.30; 4802.54; 4802.61;
4802.62; 4802.69; 4804.39; 4806.40;
4808.30; 4808.90; 4811.90; 4818.90;
4823.90; 9505.90.40. The tariff
classifications are provided for
convenience and customs purposes;
however, the written description of the
scope of this order is dispositive.
tkelley on DSK3SPTVN1PROD with NOTICES
Continuation of the Order
As a result of the determinations by
the Department and the ITC that
revocation of the antidumping duty
order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping order on certain crepe
paper products from the PRC. U.S.
Customs and Border Protection will
continue to collect antidumping duty
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of the
continuation of the order will be the
3 See Crepe Paper from China: Determination, 80
FR 53888 (September 8, 2015); see also Crepe
Products from China: Investigation No. 731–TA–
1070A USITC Publication 4560 (August 2015).
VerDate Sep<11>2014
17:39 Sep 21, 2015
Jkt 235001
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year review of the order not
later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
This five-year (‘‘sunset’’) review and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: September 11, 2015.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2015–24038 Filed 9–21–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China: Final
Results of Changed Circumstances
Review, and Revocation of
Antidumping Duty Order, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 11, 2015, the
Department of Commerce (the
‘‘Department’’) published its
Preliminary Results of a changed
circumstances review (CCR) 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
jewelry armoires.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
lacked interest in the relief provided by
the Order with respect to certain jewelry
armoires with at least one front door.
We invited interested parties to
comment on the Preliminary Results. No
party submitted comments. For the final
results, the Department is revoking, in
part, the Order as to certain jewelry
armoires with at least one front door.
DATES: Effective date: September 22,
2015.
AGENCY:
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture From the
People’s Republic of China, 70 FR 329 (January 4,
2005) (‘‘Order’’).
2 See Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Changed Circumstances Review, and Intent To
Revoke Antidumping Duty Order in Part, 80 FR
48075 (August 11, 2015) (‘‘Preliminary Results’’).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Cara
Lofaro 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) 482–5720 or (202) 482–
5193, respectively.
FOR FURTHER INFORMATION CONTACT:
Background
On January 4, 2005, the Department
published the Order in the Federal
Register. On February 13, 2015, the
Department received a request on behalf
of Pier 1 Imports (U.S.), Inc. (‘‘Pier
One’’) for a CCR to revoke, in part, the
Order with respect to jewelry armoires
with at least one front door.3 On April
2, 2015, the Department published the
Initiation Notice for the requested CCR
in the Federal Register.4 On August 11,
2015, the Department published the
Preliminary Results of this CCR in
which it found 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 certain jewelry
armoires that have at least one front
door as described in Pier One’s
Request.5 The Department invited
interested parties to submit comments
on the Preliminary Results 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 pursuant to section 751(d)(1)
of the Tariff Act of 1930, as amended
(the ‘‘Act’’), and 19 CFR 351.222(g), that
there are changed circumstances that
warrant revocation of the Order, in part.
Specifically, because the producers
accounting for substantially all of the
production of the domestic like product
to which the Order pertains, lack
interest in the relief provided by the
Order with respect to the following type
3 See Submission from Pier One, ‘‘Wooden
Bedroom Furniture From the People’s Republic of
China; Request for a Changed Circumstance Review
as to Certain Additional Jewelry Armoires,’’ dated
February 13, 2015 (‘‘Pier One’s Request’’).
4 See Wooden Bedroom Furniture from the
People’s Republic of China: Notice of Initiation of
Changed Circumstances Review, and Consideration
of Revocation of the Antidumping Duty Order in
Part, 80 FR 17719 (April 2, 2015) (‘‘Initiation
Notice’’).
5 See Preliminary Results.
E:\FR\FM\22SEN1.SGM
22SEN1
Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Notices
of jewelry armoire, we are revoking the
Order, in part with respect to 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 or one front 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. The scope description below
includes this exclusion language.
Scope of the Order
tkelley on DSK3SPTVN1PROD with NOTICES
The product covered by the order is
wooden bedroom furniture. Wooden
bedroom furniture is generally, but not
exclusively, designed, manufactured,
and offered for sale in coordinated
groups, or bedrooms, in which all of the
individual pieces are of approximately
the same style and approximately the
same material and/or finish. The subject
merchandise is made substantially of
wood products, including both solid
wood and also engineered wood
products made from wood particles,
fibers, or other wooden materials such
as plywood, strand board, particle
board, and fiberboard, with or without
wood veneers, wood overlays, or
laminates, with or without non-wood
components or trim such as metal,
marble, leather, glass, plastic, or other
resins, and whether or not assembled,
completed, or finished.
The subject merchandise includes the
following items: (1) Wooden beds such
as loft beds, bunk beds, and other beds;
(2) wooden headboards for beds
(whether stand-alone or attached to side
rails), wooden footboards for beds,
wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night
stands, dressers, commodes, bureaus,
mule chests, gentlemen’s chests,
bachelor’s chests, lingerie chests,
wardrobes, vanities, chessers,
chifforobes, and wardrobe-type cabinets;
(4) dressers with framed glass mirrors
that are attached to, incorporated in, sit
on, or hang over the dresser; (5) chestson-chests,6 highboys,7 lowboys,8 chests
6 A chest-on-chest is typically a tall chest-ofdrawers in two or more sections (or appearing to be
in two or more sections), with one or two sections
mounted (or appearing to be mounted) on a slightly
larger chest; also known as a tallboy.
7 A highboy is typically a tall chest of drawers
usually composed of a base and a top section with
drawers, and supported on four legs or a small chest
(often 15 inches or more in height).
8 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
VerDate Sep<11>2014
17:39 Sep 21, 2015
Jkt 235001
of drawers,9 chests,10 door chests,11
chiffoniers,12 hutches,13 and
armoires; 14 (6) desks, computer stands,
filing cabinets, book cases, or writing
tables that are attached to or
incorporated in the subject
merchandise; and (7) other bedroom
furniture consistent with the above list.
The scope of the order excludes the
following items: (1) seats, chairs,
benches, couches, sofas, sofa beds,
stools, and other seating furniture; (2)
mattresses, mattress supports (including
box springs), infant cribs, water beds,
and futon frames; (3) office furniture,
such as desks, stand-up desks, computer
cabinets, filing cabinets, credenzas, and
bookcases; (4) dining room or kitchen
furniture such as dining tables, chairs,
servers, sideboards, buffets, corner
cabinets, china cabinets, and china
hutches; (5) other non-bedroom
furniture, such as television cabinets,
cocktail tables, end tables, occasional
tables, wall systems, book cases, and
entertainment systems; (6) bedroom
furniture made primarily of wicker,
cane, osier, bamboo or rattan; (7) side
rails for beds made of metal if sold
separately from the headboard and
footboard; (8) bedroom furniture in
which bentwood parts predominate; 15
(9) jewelry armories; 16 (10) cheval
9 A chest of drawers is typically a case containing
drawers for storing clothing.
10 A chest is typically a case piece taller than it
is wide featuring a series of drawers and with or
without one or more doors for storing clothing. The
piece can either include drawers or be designed as
a large box incorporating a lid.
11 A door chest is typically a chest with hinged
doors to store clothing, whether or not containing
drawers. The piece may also include shelves for
televisions and other entertainment electronics.
12 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
13 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
14 An armoire is typically a tall cabinet or
wardrobe (typically 50 inches or taller), with doors,
and with one or more drawers (either exterior below
or above the doors or interior behind the doors),
shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used
to hold television receivers and/or other audiovisual entertainment systems.
15 As used herein, bentwood means solid wood
made pliable. Bentwood is wood that is brought to
a curved shape by bending it while made pliable
with moist heat or other agency and then set by
cooling or drying. See CBP’s Headquarters Ruling
Letter 043859, dated May 17, 1976.
16 Any armoire, cabinet or other accent item for
the purpose of storing jewelry, not to exceed 24
inches in width, 18 inches in depth, and 49 inches
in height, including a minimum of 5 lined drawers
lined with felt or felt-like material, at least one side
door or one front 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
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
57151
mirrors; 17 (11) certain metal parts; 18
(12) mirrors that do not attach to,
incorporate in, sit on, or hang over a
dresser if they are not designed and
marketed to be sold in conjunction with
a dresser as part of a dresser-mirror set;
(13) upholstered beds; 19 and (14) toy
boxes.20 Also excluded from the scope
in the Antidumping Duty Investigation of Wooden
Bedroom Furniture from the People’s Republic of
China,’’ dated August 31, 2004. See also Wooden
Bedroom Furniture From the People’s Republic of
China: Final Changed Circumstances Review, and
Determination To Revoke Order in Part, 71 FR
38621 (July 7, 2006).
17 Cheval mirrors are any framed, tiltable mirror
with a height in excess of 50 inches that is mounted
on a floor-standing, hinged base. Additionally, the
scope of the order excludes combination cheval
mirror/jewelry cabinets. The excluded merchandise
is an integrated piece consisting of a cheval mirror,
i.e., a framed tiltable mirror with a height in excess
of 50 inches, mounted on a floor-standing, hinged
base, the cheval mirror serving as a door to a
cabinet back that is integral to the structure of the
mirror and which constitutes a jewelry cabinet line
with fabric, having necklace and bracelet hooks,
mountings for rings and shelves, with or without a
working lock and key to secure the contents of the
jewelry cabinet back to the cheval mirror, and no
drawers anywhere on the integrated piece. The fully
assembled piece must be at least 50 inches in
height, 14.5 inches in width, and 3 inches in depth.
See Wooden Bedroom Furniture From the People’s
Republic of China: Final Changed Circumstances
Review and Determination To Revoke Order in Part,
72 FR 948 (January 9, 2007).
18 Metal furniture parts and unfinished furniture
parts made of wood products (as defined above)
that are not otherwise specifically named in this
scope (i.e., wooden headboards for beds, wooden
footboards for beds, wooden side rails for beds, and
wooden canopies for beds) and that do not possess
the essential character of wooden bedroom
furniture in an unassembled, incomplete, or
unfinished form. Such parts are usually classified
under HTSUS subheadings 9403.90.7005,
9403.90.7010, or 9403.90.7080.
19 Upholstered beds that are completely
upholstered, i.e., containing filling material and
completely covered in sewn genuine leather,
synthetic leather, or natural or synthetic decorative
fabric. To be excluded, the entire bed (headboards,
footboards, and side rails) must be upholstered
except for bed feet, which may be of wood, metal,
or any other material and which are no more than
nine inches in height from the floor. See Wooden
Bedroom Furniture from the People’s Republic of
China: Final Results of Changed Circumstances
Review and Determination to Revoke Order in Part,
72 FR 7013 (February 14, 2007).
20 To be excluded the toy box must: (1) be wider
than it is tall; (2) have dimensions within 16 inches
to 27 inches in height, 15 inches to 18 inches in
depth, and 21 inches to 30 inches in width; (3) have
a hinged lid that encompasses the entire top of the
box; (4) not incorporate any doors or drawers; (5)
have slow-closing safety hinges; (6) have air vents;
(7) have no locking mechanism; and (8) comply
with American Society for Testing and Materials
(‘‘ASTM’’) standard F963–03. Toy boxes are boxes
generally designed for the purpose of storing
children’s items such as toys, books, and
playthings. See Wooden Bedroom Furniture from
the People’s Republic of China: Final Results of
Changed Circumstances Review and Determination
to Revoke Order in Part, 74 FR 8506 (February 25,
2009). Further, as determined in the scope ruling
memorandum ‘‘Wooden Bedroom Furniture from
the People’s Republic of China: Scope Ruling on a
White Toy Box,’’ dated July 6, 2009, the
E:\FR\FM\22SEN1.SGM
Continued
22SEN1
tkelley on DSK3SPTVN1PROD with NOTICES
57152
Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Notices
are certain enclosable wall bed units,
also referred to as murphy beds, which
are composed of the following three
major sections: (1) a metal wall frame,
which attaches to the wall and uses
coils or pistons to support the metal
mattress frame; (2) a metal frame, which
has euro slats for supporting a mattress
and two legs that pivot; and (3) wood
panels, which attach to the metal wall
frame and/or the metal mattress frame to
form a cabinet to enclose the wall bed
when not in use. Excluded enclosable
wall bed units are imported in ready-toassemble format with all parts necessary
for assembly. Enclosable wall bed units
do not include a mattress. Wood panels
of enclosable wall bed units, when
imported separately, remain subject to
the order.
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
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.
VerDate Sep<11>2014
17:39 Sep 21, 2015
Jkt 235001
all wooden bedroom furniture meeting
the above description, regardless of
tariff classification. Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
proceeding is dispositive.
Instructions to U.S. Customs and
Border Protection
Because we determine that there are
changed circumstances that warrant the
revocation of the Order, in part, we will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to liquidate without
regard to antidumping duties, and to
refund any estimated antidumping
duties on, all unliquidated entries of the
merchandise covered by this 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 Act and 19 CFR
351.216, 19 CFR 351.221(c)(3), and 19
CFR 351.222.
Dated: September 14, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2015–24090 Filed 9–21–15; 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.
ACTION: Notice of an Open Meeting.
AGENCY:
The United States Travel and
Tourism Advisory Board (Board) will
hold an open meeting held via
teleconference on Tuesday, October 6,
SUMMARY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
2015. The Board was re-chartered in
August 2015, to advise the Secretary of
Commerce on matters relating to the
U.S. travel and tourism industry.
The purpose of the meeting is for
Board members to review and deliberate
on recommendations developed by the
Infrastructure subcommittee looking at
the Department of Transportation’s
‘‘Beyond Traffic 2045’’ report. 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: Tuesday, October 6, 2015, 4:00
p.m.–5:00 p.m. The deadline for
members of the public to register,
including requests to make comments
during the meetings and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is 5
p.m. EDT on September 29, 2015.
ADDRESSES: The meeting will be held by
conference call. The call-in number and
passcode will be provided by email to
registrants. Requests to register
(including to speak or for auxiliary aids)
and any written comments should be
submitted to: U.S. Travel and Tourism
Advisory Board, U.S. Department of
Commerce, Room 4043, 1401
Constitution Avenue NW., Washington,
DC 20230, archana.sahgal@trade.gov.
Members of the public are encouraged
to submit registration requests and
written comments via email to ensure
timely receipt.
FOR FURTHER INFORMATION CONTACT:
Archana Sahgal, the United States
Travel and Tourism Advisory Board,
Room 4043, 1401 Constitution Avenue
NW., Washington, DC 20230, telephone:
202–482–4501, email: archana.sahgal@
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 accessible to people
with disabilities. All guests are required
to register in advance by the deadline
identified under the DATES caption.
Requests for auxiliary aids must be
submitted by the registration deadline.
Last minute requests will be accepted,
but may be impossible to fill. There will
be fifteen (15) minutes allotted for oral
comments from members of the public
joining the call. To accommodate as
many speakers as possible, the time for
public comments may be limited to
E:\FR\FM\22SEN1.SGM
22SEN1
Agencies
[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Pages 57150-57152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24090]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Final Results of Changed Circumstances Review, and Revocation of
Antidumping Duty Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 11, 2015, the Department of Commerce (the
``Department'') published its Preliminary Results of a changed
circumstances review (CCR) 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
jewelry armoires.\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 lacked interest in
the relief provided by the Order with respect to certain jewelry
armoires with at least one front door. We invited interested parties to
comment on the Preliminary Results. No party submitted comments. For
the final results, the Department is revoking, in part, the Order as to
certain jewelry armoires with at least one front door.
---------------------------------------------------------------------------
\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 48075 (August
11, 2015) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective date: September 22, 2015.
FOR FURTHER INFORMATION CONTACT: Cara Lofaro 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-
5720 or (202) 482-5193, respectively.
Background
On January 4, 2005, the Department published the Order in the
Federal Register. On February 13, 2015, the Department received a
request on behalf of Pier 1 Imports (U.S.), Inc. (``Pier One'') for a
CCR to revoke, in part, the Order with respect to jewelry armoires with
at least one front door.\3\ On April 2, 2015, the Department published
the Initiation Notice for the requested CCR in the Federal Register.\4\
On August 11, 2015, the Department published the Preliminary Results of
this CCR in which it found 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 certain jewelry armoires
that have at least one front door as described in Pier One's
Request.\5\ The Department invited interested parties to submit
comments on the Preliminary Results in accordance with 19 CFR
351.309(c)(1)(ii). We received no comments.
---------------------------------------------------------------------------
\3\ See Submission from Pier One, ``Wooden Bedroom Furniture
From the People's Republic of China; Request for a Changed
Circumstance Review as to Certain Additional Jewelry Armoires,''
dated February 13, 2015 (``Pier One's Request'').
\4\ See Wooden Bedroom Furniture from the People's Republic of
China: Notice of Initiation of Changed Circumstances Review, and
Consideration of Revocation of the Antidumping Duty Order in Part,
80 FR 17719 (April 2, 2015) (``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 pursuant to section 751(d)(1) of the Tariff Act
of 1930, as amended (the ``Act''), and 19 CFR 351.222(g), that there
are changed circumstances that warrant revocation of the Order, in
part. Specifically, because the producers accounting for substantially
all of the production of the domestic like product to which the Order
pertains, lack interest in the relief provided by the Order with
respect to the following type
[[Page 57151]]
of jewelry armoire, we are revoking the Order, in part with respect to
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 or one front 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. The scope
description below includes this exclusion language.
Scope of the Order
The product covered by the order is wooden bedroom furniture.
Wooden bedroom furniture is generally, but not exclusively, designed,
manufactured, and offered for sale in coordinated groups, or bedrooms,
in which all of the individual pieces are of approximately the same
style and approximately the same material and/or finish. The subject
merchandise is made substantially of wood products, including both
solid wood and also engineered wood products made from wood particles,
fibers, or other wooden materials such as plywood, strand board,
particle board, and fiberboard, with or without wood veneers, wood
overlays, or laminates, with or without non-wood components or trim
such as metal, marble, leather, glass, plastic, or other resins, and
whether or not assembled, completed, or finished.
The subject merchandise includes the following items: (1) Wooden
beds such as loft beds, bunk beds, and other beds; (2) wooden
headboards for beds (whether stand-alone or attached to side rails),
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night stands, dressers, commodes,
bureaus, mule chests, gentlemen's chests, bachelor's chests, lingerie
chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type
cabinets; (4) dressers with framed glass mirrors that are attached to,
incorporated in, sit on, or hang over the dresser; (5) chests-on-
chests,\6\ highboys,\7\ lowboys,\8\ chests of drawers,\9\ chests,\10\
door chests,\11\ chiffoniers,\12\ hutches,\13\ and armoires; \14\ (6)
desks, computer stands, filing cabinets, book cases, or writing tables
that are attached to or incorporated in the subject merchandise; and
(7) other bedroom furniture consistent with the above list.
---------------------------------------------------------------------------
\6\ A chest-on-chest is typically a tall chest-of-drawers in two
or more sections (or appearing to be in two or more sections), with
one or two sections mounted (or appearing to be mounted) on a
slightly larger chest; also known as a tallboy.
\7\ A highboy is typically a tall chest of drawers usually
composed of a base and a top section with drawers, and supported on
four legs or a small chest (often 15 inches or more in height).
\8\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\9\ A chest of drawers is typically a case containing drawers
for storing clothing.
\10\ A chest is typically a case piece taller than it is wide
featuring a series of drawers and with or without one or more doors
for storing clothing. The piece can either include drawers or be
designed as a large box incorporating a lid.
\11\ A door chest is typically a chest with hinged doors to
store clothing, whether or not containing drawers. The piece may
also include shelves for televisions and other entertainment
electronics.
\12\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\13\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\14\ An armoire is typically a tall cabinet or wardrobe
(typically 50 inches or taller), with doors, and with one or more
drawers (either exterior below or above the doors or interior behind
the doors), shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used to hold
television receivers and/or other audio-visual entertainment
systems.
---------------------------------------------------------------------------
The scope of the order excludes the following items: (1) seats,
chairs, benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or
rattan; (7) side rails for beds made of metal if sold separately from
the headboard and footboard; (8) bedroom furniture in which bentwood
parts predominate; \15\ (9) jewelry armories; \16\ (10) cheval mirrors;
\17\ (11) certain metal parts; \18\ (12) mirrors that do not attach to,
incorporate in, sit on, or hang over a dresser if they are not designed
and marketed to be sold in conjunction with a dresser as part of a
dresser-mirror set; (13) upholstered beds; \19\ and (14) toy boxes.\20\
Also excluded from the scope
[[Page 57152]]
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.
---------------------------------------------------------------------------
\15\ As used herein, bentwood means solid wood made pliable.
Bentwood is wood that is brought to a curved shape by bending it
while made pliable with moist heat or other agency and then set by
cooling or drying. See CBP's Headquarters Ruling Letter 043859,
dated May 17, 1976.
\16\ Any armoire, cabinet or other accent item for the purpose
of storing jewelry, not to exceed 24 inches in width, 18 inches in
depth, and 49 inches in height, including a minimum of 5 lined
drawers lined with felt or felt-like material, at least one side
door or one front door (whether or not the door is lined with felt
or felt-like material), with necklace hangers, and a flip-top lid
with inset mirror. See Issues and Decision Memorandum from Laurel
LaCivita to Laurie Parkhill, Office Director, concerning ``Jewelry
Armoires and Cheval Mirrors in the Antidumping Duty Investigation of
Wooden Bedroom Furniture from the People's Republic of China,''
dated August 31, 2004. See also Wooden Bedroom Furniture From the
People's Republic of China: Final Changed Circumstances Review, and
Determination To Revoke Order in Part, 71 FR 38621 (July 7, 2006).
\17\ Cheval mirrors are any framed, tiltable mirror with a
height in excess of 50 inches that is mounted on a floor-standing,
hinged base. Additionally, the scope of the order excludes
combination cheval mirror/jewelry cabinets. The excluded merchandise
is an integrated piece consisting of a cheval mirror, i.e., a framed
tiltable mirror with a height in excess of 50 inches, mounted on a
floor-standing, hinged base, the cheval mirror serving as a door to
a cabinet back that is integral to the structure of the mirror and
which constitutes a jewelry cabinet line with fabric, having
necklace and bracelet hooks, mountings for rings and shelves, with
or without a working lock and key to secure the contents of the
jewelry cabinet back to the cheval mirror, and no drawers anywhere
on the integrated piece. The fully assembled piece must be at least
50 inches in height, 14.5 inches in width, and 3 inches in depth.
See Wooden Bedroom Furniture From the People's Republic of China:
Final Changed Circumstances Review and Determination To Revoke Order
in Part, 72 FR 948 (January 9, 2007).
\18\ Metal furniture parts and unfinished furniture parts made
of wood products (as defined above) that are not otherwise
specifically named in this scope (i.e., wooden headboards for beds,
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds) and that do not possess the essential character
of wooden bedroom furniture in an unassembled, incomplete, or
unfinished form. Such parts are usually classified under HTSUS
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
\19\ Upholstered beds that are completely upholstered, i.e.,
containing filling material and completely covered in sewn genuine
leather, synthetic leather, or natural or synthetic decorative
fabric. To be excluded, the entire bed (headboards, footboards, and
side rails) must be upholstered except for bed feet, which may be of
wood, metal, or any other material and which are no more than nine
inches in height from the floor. See Wooden Bedroom Furniture from
the People's Republic of China: Final Results of Changed
Circumstances Review and Determination to Revoke Order in Part, 72
FR 7013 (February 14, 2007).
\20\ To be excluded the toy box must: (1) be wider than it is
tall; (2) have dimensions within 16 inches to 27 inches in height,
15 inches to 18 inches in depth, and 21 inches to 30 inches in
width; (3) have a hinged lid that encompasses the entire top of the
box; (4) not incorporate any doors or drawers; (5) have slow-closing
safety hinges; (6) have air vents; (7) have no locking mechanism;
and (8) comply with American Society for Testing and Materials
(``ASTM'') standard F963-03. Toy boxes are boxes generally designed
for the purpose of storing children's items such as toys, books, and
playthings. See Wooden Bedroom Furniture from the People's Republic
of China: Final Results of Changed Circumstances Review and
Determination to Revoke Order in Part, 74 FR 8506 (February 25,
2009). Further, as determined in the scope ruling memorandum
``Wooden Bedroom Furniture from the People's Republic of China:
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the
dimensional ranges used to identify the toy boxes that are excluded
from the wooden bedroom furniture order apply to the box itself
rather than the lid.
---------------------------------------------------------------------------
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
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 this 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 Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: September 14, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-24090 Filed 9-21-15; 8:45 am]
BILLING CODE 3510-DS-P