Wooden Bedroom Furniture From the People's Republic of China: Continuation of Antidumping Duty Order, 11533-11534 [2017-03639]

Download as PDF Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison-Market Prices X. Currency Conversion XI. Conclusion 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: February 16, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–03638 Filed 2–23–17; 8:45 am] BILLING CODE 3510–DS–P Appendix I Scope of the Investigation For purposes of this investigation, the product covered is cold-polymerized emulsion styrene-butadiene rubber (ESB rubber). The scope of the investigation includes, but is not limited to, ESB rubber in primary forms, bales, granules, crumbs, pellets, powders, plates, sheets, strip, etc. ESB rubber consists of non-pigmented rubbers and oil-extended non-pigmented rubbers, both of which contain at least one percent of organic acids from the emulsion polymerization process. ESB rubber is produced and sold in accordance with a generally accepted set of product specifications issued by the International Institute of Synthetic Rubber Producers (IISRP). The scope of the investigation covers grades of ESB rubber included in the IISRP 1500 and 1700 series of synthetic rubbers. The 1500 grades are light in color and are often described as ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades are oil-extended and thus darker in color, and are often called ‘‘Brown Rubber.’’ Specifically excluded from the scope of this investigation are products which are manufactured by blending ESB rubber with other polymers, high styrene resin master batch, carbon black master batch (i.e., IISRP 1600 series and 1800 series) and latex (an intermediate product). The products subject to this investigation are currently classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the Harmonized Tariff Schedule of the United States (HTSUS). ESB rubber is described by Chemical Abstract Services (CAS) Registry No. 9003–55–8. This CAS number also refers to other types of styrene butadiene rubber. Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. asabaliauskas on DSK3SPTVN1PROD with NOTICES Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VI. Date of Sale VII. Product Comparisons VIII. Export Price IX. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production (COP) Analysis 1. Calculation of COP VerDate Sep<11>2014 17:20 Feb 23, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–890] Wooden Bedroom Furniture From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (the ‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) duty order on wooden bedroom furniture from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD duty order. DATES: Effective February 24, 2017. FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–3147 or 202–482–5193, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 4, 2005, the Department published in the Federal Register the AD duty order on wooden bedroom furniture from the PRC.1 On November 3, 2015, the Department published in the Federal Register the initiation notice for the second sunset review of the AD duty order on wooden bedroom furniture from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’).2 On December 3, 2015, the Department received a 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 Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 67705 (November 3, 2015). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 11533 substantive response from the domestic industry to participate in the second sunset review; 3 no other parties participated. As a result of its review, the Department determined, pursuant to sections 751(c)(1) and 752(b) and (c) of the Act, that revocation of the AD duty order on wooden bedroom furniture from the PRC would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.4 On February 14, 2017, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the AD duty order on wooden bedroom furniture from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Order The product covered by the Order is wooden bedroom furniture, subject to certain exceptions. Imports of subject merchandise are classified under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 9403.50.9042 and 9403.50.9045 of the HTSUS as ‘‘wooden . . . beds’’ and under subheading 9403.50.9080 of the HTSUS as ‘‘other . . . wooden furniture of a kind used in the bedroom.’’ In addition, wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds may also be entered under subheading 9403.50.9042 or 9403.50.9045 of the HTSUS as ‘‘parts of wood.’’ Subject merchandise may also be entered under subheadings 9403.50.9041, 9403.60.8081, or 9403.20.0018. Further, framed glass mirrors may be entered under subheading 7009.92.1000 or 7009.92.5000 of the HTSUS as ‘‘glass mirrors . . . framed.’’ However, the product description, and not the HTSUS classification, is dispositive of whether merchandise imported into the United 3 See letter form the American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. to the Department, regarding ‘‘Five-Year(‘‘Sunset’’) Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People’s Republic of China/The Domestic Industry’s Substantive Response to the Notice of Initiation,’’ dated December 3, 2015. 4 See Wooden Bedroom Furniture From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 81 FR 12462 (March 9, 2016) (‘‘Final Results’’). 5 See Wooden Bedroom Furniture from China; Determination, 82 FR 10587 (February 14, 2017), and USITC Publication 4665 (January 2017), entitled Wooden Bedroom Furniture from China: Investigation No. 731–TA–1058 (Second Review). E:\FR\FM\24FEN1.SGM 24FEN1 11534 Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices States falls within the scope of the order.6 DEPARTMENT OF COMMERCE International Trade Administration Continuation of the Order [A–201–848] As a result of the determinations by the Department and the ITC that revocation of the AD 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 and 19 CFR 351.218(a), the Department hereby orders the continuation of the AD duty order on wooden bedroom furniture from the PRC. U.S. Customs and Border Protection will continue to collect AD 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 date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), 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) and 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Dated: February 17, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–03639 Filed 2–23–17; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with NOTICES BILLING CODE 3510–DS–P 6 For a full description of the scope of the order, including exclusions, see Final Results and the accompanying ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People’s Republic of China’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance. VerDate Sep<11>2014 17:20 Feb 23, 2017 Jkt 241001 Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that emulsion styrenebutadiene rubber (ESB rubber) from Mexico is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016. DATES: Effective February 24, 2017. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1394 or (202) 482–2243, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on August 19, 2016.1 The Department postponed the preliminary determination of this investigation until February 16, 2017.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision 1 See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland: Initiation of Less Than Fair Value Investigations, 81 FR 55438 (August 19, 2016) (Initiation Notice). 2 See Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland: Postponement of Preliminary Determination of Sales at Less Than Fair Value Investigations, 81 FR 85208 (November 25, 2016). 3 See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcment and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, ‘‘Decision Memorandum for the Preliminary Determination in the Less Than Fair Value Investigation Emulsion Styrene-Butadiene Rubber from Mexico,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version are identical in content. Scope of the Investigation The product covered by this investigation is ESB rubber from Mexico. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to the Department’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. The Department is not preliminarily modifying the scope language as it appeared in the Initiation Notice. Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually investigated, which shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11533-11534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03639]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') duty 
order on wooden bedroom furniture from the People's Republic of China 
(``PRC'') would likely lead to a continuation or recurrence of dumping 
and material injury to an industry in the United States, the Department 
is publishing a notice of continuation of the AD duty order.

DATES: Effective February 24, 2017.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Howard Smith, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: 202-482-3147 or 202-482-
5193, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 4, 2005, the Department published in the Federal 
Register the AD duty order on wooden bedroom furniture from the PRC.\1\ 
On November 3, 2015, the Department published in the Federal Register 
the initiation notice for the second sunset review of the AD duty order 
on wooden bedroom furniture from the PRC, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the ``Act'').\2\ On December 3, 
2015, the Department received a substantive response from the domestic 
industry to participate in the second sunset review; \3\ no other 
parties participated. As a result of its review, the Department 
determined, pursuant to sections 751(c)(1) and 752(b) and (c) of the 
Act, that revocation of the AD duty order on wooden bedroom furniture 
from the PRC would likely lead to continuation or recurrence of dumping 
and notified the ITC of the magnitude of the margins likely to prevail 
should the order be revoked.\4\ On February 14, 2017, the ITC published 
its determination, pursuant to section 751(c) of the Act, that 
revocation of the AD duty order on wooden bedroom furniture from the 
PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\5\

Scope of the Order
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    \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 Initiation of Five-Year (``Sunset'') Review, 80 FR 67705 
(November 3, 2015).
    \3\ See letter form the American Furniture Manufacturers 
Committee for Legal Trade and Vaughan-Bassett Furniture Company, 
Inc. to the Department, regarding ``Five-Year(``Sunset'') Review of 
the Antidumping Duty Order on Wooden Bedroom Furniture from the 
People's Republic of China/The Domestic Industry's Substantive 
Response to the Notice of Initiation,'' dated December 3, 2015.
    \4\ See Wooden Bedroom Furniture From the People's Republic of 
China: Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order, 81 FR 12462 (March 9, 2016) (``Final 
Results'').
    \5\ See Wooden Bedroom Furniture from China; Determination, 82 
FR 10587 (February 14, 2017), and USITC Publication 4665 (January 
2017), entitled Wooden Bedroom Furniture from China: Investigation 
No. 731-TA-1058 (Second Review).
---------------------------------------------------------------------------

    The product covered by the Order is wooden bedroom furniture, 
subject to certain exceptions. Imports of subject merchandise are 
classified under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 9403.50.9042 and 9403.50.9045 of the HTSUS as 
``wooden . . . beds'' and under subheading 9403.50.9080 of the HTSUS as 
``other . . . wooden furniture of a kind used in the bedroom.'' In 
addition, wooden headboards for beds, wooden footboards for beds, 
wooden side rails for beds, and wooden canopies for beds may also be 
entered under subheading 9403.50.9042 or 9403.50.9045 of the HTSUS as 
``parts of wood.'' Subject merchandise may also be entered under 
subheadings 9403.50.9041, 9403.60.8081, or 9403.20.0018. Further, 
framed glass mirrors may be entered under subheading 7009.92.1000 or 
7009.92.5000 of the HTSUS as ``glass mirrors . . . framed.'' However, 
the product description, and not the HTSUS classification, is 
dispositive of whether merchandise imported into the United

[[Page 11534]]

States falls within the scope of the order.\6\
---------------------------------------------------------------------------

    \6\ For a full description of the scope of the order, including 
exclusions, see Final Results and the accompanying ``Issues and 
Decision Memorandum for the Expedited Second Sunset Review of the 
Antidumping Duty Order on Wooden Bedroom Furniture from the People's 
Republic of China'' from Christian Marsh, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance.
---------------------------------------------------------------------------

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD 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 
and 19 CFR 351.218(a), the Department hereby orders the continuation of 
the AD duty order on wooden bedroom furniture from the PRC. U.S. 
Customs and Border Protection will continue to collect AD 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 date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 
CFR 351.218(c)(2), 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) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

    Dated: February 17, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-03639 Filed 2-23-17; 8:45 am]
 BILLING CODE 3510-DS-P