Wooden Bedroom Furniture From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments in Part; 2017, 24749-24751 [2019-11081]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
Duty Absorption Reviews
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine whether antidumping duties
have been absorbed by an exporter or
producer subject to the review if the
subject merchandise is sold in the
United States through an importer that
is affiliated with such exporter or
producer. The request must include the
name(s) of the exporter or producer for
which the inquiry is requested.
Gap Period Liquidation
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the POR.
khammond on DSKBBV9HB2PROD with NOTICES
Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
Commerce’s regulations identify five
categories of factual information in 19
CFR 351.102(b)(21), which are
summarized as follows: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
this administrative review for Goodluck India
Limited.
VerDate Sep<11>2014
17:45 May 28, 2019
Jkt 247001
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the final rule, available at
https://enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in this
segment.
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information.7 Parties are hereby
reminded that revised certification
requirements are in effect for company/
government officials as well as their
representatives. All segments of any
antidumping duty or countervailing
duty proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.8 Commerce
intends to reject factual submissions in
any proceeding segments if the
submitting party does not comply with
applicable revised certification
requirements.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by the Secretary.
See 19 CFR 351.302. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
7 See
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
8 See
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
24749
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
CBP data; and (5) Q&V questionnaires.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
Commerce will grant untimely-filed
requests for the extension of time limits.
These modifications are effective for all
segments initiated on or after October
21, 2013. Please review the final rule,
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: May 22, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–11131 Filed 5–28–19; 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 Antidumping Duty
Administrative Review and Final
Determination of No Shipments in Part;
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that eight of the
13 companies under review have not
demonstrated eligibility for a separate
rate and the other five companies under
review had no shipments of subject
merchandise during the period of
review (POR) January 1, 2017, through
December 31, 2017.
DATES: Applicable May 29, 2019.
AGENCY:
E:\FR\FM\29MYN1.SGM
29MYN1
24750
Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
FOR FURTHER INFORMATION CONTACT:
Howard Smith, AD/CVD Operations,
Office IV, Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5193.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2018, Commerce
published its Preliminary Results of the
review of the antidumping duty order
on wooden bedroom furniture (WBF)
from the People’s Republic of China
(China) covering the period January 1,
2017, through December 31, 2017.1 On
January 10, 2019, the American
Furniture Manufacturers Committee for
Legal Trade and Vaughan-Bassett
Furniture Company, Inc. (collectively,
the petitioners) filed a case brief.2 No
rebuttal briefs were filed.
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 The revised deadline for the final
results of review is now May 21, 2019.
Scope of the Order
khammond on DSKBBV9HB2PROD with NOTICES
The product covered by the Order is
wooden bedroom furniture, subject to
certain exceptions.4 Imports of subject
merchandise are classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
9403.50.9042, 9403.50.9045,
9403.50.9080, 9403.90.7005,
9403.90.7080, 9403.50.9041,
9403.60.8081, 9403.20.0018,
9403.90.8041, 7009.92.1000 or
7009.92.5000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
1 See Wooden Bedroom Furniture from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2017, 83
FR 63829 (December 12, 2018) (Preliminary
Results).
2 See Petitioners’ Letter, ‘‘Wooden Bedroom
Furniture from the People’s Republic of China:
Petitioners’ Case Brief,’’ dated January 10, 2019
(Petitioners’ Case Brief).
3 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 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).
VerDate Sep<11>2014
17:45 May 28, 2019
Jkt 247001
written product description in the Order
remains dispositive.5
Analysis
In the Preliminary Results, Commerce:
(1) Determined that eight companies,
including the sole mandatory
respondent, Decca Furniture Ltd.
(Decca), did not establish their
eligibility for a separate rate and are part
of the China-wide entity; 6 and (2)
determined that five companies had no
shipments of subject merchandise.7 For
these final results of review, we have
continued to treat the eight companies,
including Decca, as part of the Chinawide entity and have continued to find
that five companies had no shipments
during the POR. Because no party
requested a review of the China-wide
entity, we are not conducting a review
of the China-wide entity.8 Thus, there is
no change to the rate for the China-wide
entity from the Preliminary Results. The
existing rate for the China-wide entity is
216.01 percent.
For additional details, see the Issue
and Decision Memorandum, which 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 in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issue and Decision
5 For a complete description of the scope of the
Order, see Memorandum, ‘‘Issue and Decision
Memorandum for the Final Results of the 2017
Administrative Review of Wooden Bedroom
Furniture from the People’s Republic of China,’’
dated concurrently with this notice (Issue and
Decision Memorandum).
6 The other seven companies are: (1) Dongguan
Kingstone Furniture Co., Ltd.; Kingstone Furniture
Co., Ltd.; (2) Kunshan Summit Furniture Co., Ltd.;
(3) Qingdao Liangmu Co., Ltd.; (4) Restonic
(Dongguan) Furniture Ltd.; Restonic Far East
(Samoa) Ltd.; (5) Rizhao Sanmu Woodworking Co.,
Ltd.; (6) Techniwood Industries Ltd.; Ningbo
Furniture Industries Ltd.; Ningbo Hengrun
Furniture Co., Ltd.; and (7) Zhangjiagang Zheng Yan
Decoration Co., Ltd. See Preliminary Results at
63829.
7 The five companies/company groupings are: (1)
Dongguan Sunrise Furniture Co., Ltd., Taicang
Sunrise Wood Industry Co., Ltd., Taicang
Fairmount Designs Furniture Co., Ltd., Meizhou
Sunrise Furniture Co., Ltd.; (2) Dongguan Sunrise
Furniture Co., Taicang Sunrise Wood Industry Co.,
Ltd., Shanghai Sunrise Furniture Co. Ltd., Fairmont
Designs; (3) Eurosa (Kunshan) Co., Ltd., Eurosa
Furniture Co., (PTE) Ltd.; (4) Shenyang Shining
Dongxing Furniture Co., Ltd.; and (5) Yeh Brothers
World Trade Inc. See Preliminary Results at 63829.
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Issue and Decision Memorandum
are identical in content. The issue raised
by the petitioners in their case brief is
identified in the Appendix to this
notice.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b), Commerce has
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. Commerce will
instruct CBP to liquidate any entries of
subject merchandise exported during
this POR by Decca and the other seven
companies noted above which did not
qualify for separate rate status, at the
China-wide rate.
Additionally, pursuant to Commerce’s
practice in non-market economy cases,
if there are any suspended entries of
subject merchandise during the POR
under the case numbers of the five
companies that claimed no shipments of
subject merchandise during the POR,
they will be liquidated at the Chinawide rate.9
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date in the Federal Register
of the final results of this review, as
provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or
reviewed China and non-China
exporters which are not under review in
this segment of the proceeding but
which received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (2) for all
China exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be the rate for the China-wide
entity, which is 216.01 percent; and (3)
for all non-China exporters of subject
merchandise which have not received
9 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
E:\FR\FM\29MYN1.SGM
29MYN1
Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
their own rate, the cash deposit rate will
be the rate applicable to the China
exporter that supplied that non-China
exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 violation that
is subject to sanction.
This notice of the final results of this
antidumping duty administrative review
is issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
Dated: May 21, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
khammond on DSKBBV9HB2PROD with NOTICES
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Commerce Should Assign the
Mandatory Respondent Decca a Rate
Based on Total Adverse Facts Available
V. Recommendation
[FR Doc. 2019–11081 Filed 5–28–19; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:45 May 28, 2019
Jkt 247001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Amended Final
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 24, 2019, the
Department of Commerce (Commerce)
published in the Federal Register the
final results of the administrative review
of the antidumping duty (AD) order on
certain steel nails from the People’s
Republic of China (China). Commerce is
amending the final results of the
administrative review to correct an
unintentional ministerial error.
DATES: Applicable May 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit or Benito Ballesteros,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone 202–482–4031 or
202–482–7425, respectively.
SUPPLEMENTARY INFORMATION: On April
24, 2019, Commerce published in the
Federal Register the final results of the
administrative review of certain steel
nails from China.1 No interested party
submitted ministerial allegations
concerning the Final Results. Following
the publication of the Final Results,
Commerce identified a ministerial error
in Dezhou Hualude Hardware Products
Co., Ltd.’s (Dezhou Hualude) final
results margin calculation program.2
AGENCY:
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 3 With respect to final
1 See Certain Steel Nails from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, and Final
Determination of No Shipments; 2016–2017, 84 FR
17134 (April 24, 2019) (Final Results) and
accompanying Issues and Decision Memorandum
(IDM).
2 See Memorandum, ‘‘Administrative Review
Certain Steel Nails from the People’s Republic of
China; 2016–2017: Ministerial Error
Memorandum,’’ dated concurrently with this notice
(Ministerial Error Memorandum).
3 See also 19 CFR 351.224(f).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
24751
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending the final
results of review . . . .’’ Even when
interested parties do not submit
ministerial error comments, Commerce
has the authority to self-correct
ministerial errors provided the selfcorrection occurs within the statutory
timeline for judicial review.4
Ministerial Errors
In the Final Results, we stated our
intention to adjust U.S. price in the
margin programming for Dezhou
Hualude’s international freight and
marine insurance expenses.5 However,
following the Final Results, we observed
that the SAS code input into the
program inadvertently caused the
program to create missing values for the
international freight expenses pertaining
to sales to certain importers, which in
turn removed those sales from the
program and failed to generate importerspecific liquidation rates for those
importers. Modifying the final margin
program to fix these missing values will
properly include the sales in the
program and generate the proper
importer-specific liquidation rates.
Accordingly, we have determined, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(f), that an
unintentional ministerial error was
made in the Final Results. For a detailed
discussion of this ministerial error, as
well as Commerce’s analysis, see
Ministerial Error Memorandum.
Amended Final Results
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results of this
administrative review of nails from
China. For the amended final results,
Commerce has recalculated the
weighted-average margin for Dezhou
Hualude. Commerce has also updated
the sample rate assigned to the nonselected companies, which is based on
an average of the rates of the three
mandatory respondents, The Stanley
Works (Langfang) Fastening Systems
Co., Ltd. and Stanley Black & Decker,
Inc. (collectively, Stanley), Dezhou
Hualude, and Shandong Dinglong
Import & Export Co., Ltd. (Shandong
Dinglong), as discussed in the
Ministerial Error Memorandum. The
revised weighted-average dumping
margins for the administrative review
are as follows:
4 See American Signature, Inc. v. United States,
598 F.3d 816, 826–28 (Fed. Cir. 2010).
5 See Final Results and accompany IDM at 26.
E:\FR\FM\29MYN1.SGM
29MYN1
]]>Agencies
[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24749-24751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11081]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments in Part; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that eight of
the 13 companies under review have not demonstrated eligibility for a
separate rate and the other five companies under review had no
shipments of subject merchandise during the period of review (POR)
January 1, 2017, through December 31, 2017.
DATES: Applicable May 29, 2019.
[[Page 24750]]
FOR FURTHER INFORMATION CONTACT: Howard Smith, AD/CVD Operations,
Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5193.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2018, Commerce published its Preliminary Results of
the review of the antidumping duty order on wooden bedroom furniture
(WBF) from the People's Republic of China (China) covering the period
January 1, 2017, through December 31, 2017.\1\ On January 10, 2019, the
American Furniture Manufacturers Committee for Legal Trade and Vaughan-
Bassett Furniture Company, Inc. (collectively, the petitioners) filed a
case brief.\2\ No rebuttal briefs were filed.
---------------------------------------------------------------------------
\1\ See Wooden Bedroom Furniture from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2017, 83 FR 63829 (December 12, 2018) (Preliminary Results).
\2\ See Petitioners' Letter, ``Wooden Bedroom Furniture from the
People's Republic of China: Petitioners' Case Brief,'' dated January
10, 2019 (Petitioners' Case Brief).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ The revised
deadline for the final results of review is now May 21, 2019.
---------------------------------------------------------------------------
\3\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is wooden bedroom furniture,
subject to certain exceptions.\4\ Imports of subject merchandise are
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 9403.50.9042, 9403.50.9045, 9403.50.9080,
9403.90.7005, 9403.90.7080, 9403.50.9041, 9403.60.8081, 9403.20.0018,
9403.90.8041, 7009.92.1000 or 7009.92.5000. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description in the Order remains dispositive.\5\
---------------------------------------------------------------------------
\4\ 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).
\5\ For a complete description of the scope of the Order, see
Memorandum, ``Issue and Decision Memorandum for the Final Results of
the 2017 Administrative Review of Wooden Bedroom Furniture from the
People's Republic of China,'' dated concurrently with this notice
(Issue and Decision Memorandum).
---------------------------------------------------------------------------
Analysis
In the Preliminary Results, Commerce: (1) Determined that eight
companies, including the sole mandatory respondent, Decca Furniture
Ltd. (Decca), did not establish their eligibility for a separate rate
and are part of the China-wide entity; \6\ and (2) determined that five
companies had no shipments of subject merchandise.\7\ For these final
results of review, we have continued to treat the eight companies,
including Decca, as part of the China-wide entity and have continued to
find that five companies had no shipments during the POR. Because no
party requested a review of the China-wide entity, we are not
conducting a review of the China-wide entity.\8\ Thus, there is no
change to the rate for the China-wide entity from the Preliminary
Results. The existing rate for the China-wide entity is 216.01 percent.
---------------------------------------------------------------------------
\6\ The other seven companies are: (1) Dongguan Kingstone
Furniture Co., Ltd.; Kingstone Furniture Co., Ltd.; (2) Kunshan
Summit Furniture Co., Ltd.; (3) Qingdao Liangmu Co., Ltd.; (4)
Restonic (Dongguan) Furniture Ltd.; Restonic Far East (Samoa) Ltd.;
(5) Rizhao Sanmu Woodworking Co., Ltd.; (6) Techniwood Industries
Ltd.; Ningbo Furniture Industries Ltd.; Ningbo Hengrun Furniture
Co., Ltd.; and (7) Zhangjiagang Zheng Yan Decoration Co., Ltd. See
Preliminary Results at 63829.
\7\ The five companies/company groupings are: (1) Dongguan
Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co.,
Ltd., Taicang Fairmount Designs Furniture Co., Ltd., Meizhou Sunrise
Furniture Co., Ltd.; (2) Dongguan Sunrise Furniture Co., Taicang
Sunrise Wood Industry Co., Ltd., Shanghai Sunrise Furniture Co.
Ltd., Fairmont Designs; (3) Eurosa (Kunshan) Co., Ltd., Eurosa
Furniture Co., (PTE) Ltd.; (4) Shenyang Shining Dongxing Furniture
Co., Ltd.; and (5) Yeh Brothers World Trade Inc. See Preliminary
Results at 63829.
\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
---------------------------------------------------------------------------
For additional details, see the Issue and Decision Memorandum,
which 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 in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Issue and Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Issue and
Decision Memorandum are identical in content. The issue raised by the
petitioners in their case brief is identified in the Appendix to this
notice.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. Commerce intends to issue
assessment instructions to CBP 15 days after the publication date of
the final results of this review. Commerce will instruct CBP to
liquidate any entries of subject merchandise exported during this POR
by Decca and the other seven companies noted above which did not
qualify for separate rate status, at the China-wide rate.
Additionally, pursuant to Commerce's practice in non-market economy
cases, if there are any suspended entries of subject merchandise during
the POR under the case numbers of the five companies that claimed no
shipments of subject merchandise during the POR, they will be
liquidated at the China-wide rate.\9\
---------------------------------------------------------------------------
\9\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date in the
Federal Register of the final results of this review, as provided by
section 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed China and non-China exporters which are not under review in
this segment of the proceeding but which received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (2) for all China exporters
of subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the China-
wide entity, which is 216.01 percent; and (3) for all non-China
exporters of subject merchandise which have not received
[[Page 24751]]
their own rate, the cash deposit rate will be the rate applicable to
the China exporter that supplied that non-China exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. 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 violation that is subject to sanction.
This notice of the final results of this antidumping duty
administrative review is issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
Dated: May 21, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Commerce Should Assign the Mandatory Respondent Decca a
Rate Based on Total Adverse Facts Available
V. Recommendation
[FR Doc. 2019-11081 Filed 5-28-19; 8:45 am]
BILLING CODE 3510-DS-P
