Wooden Bedroom Furniture From the People's Republic of China: Continuation of Antidumping Duty Order, 56397-56399 [2022-19855]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56397-56399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19855]


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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 respective determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC) that revocation of the antidumping duty (AD) order on 
wooden bedroom furniture from the People's Republic of China (China) 
would likely lead to

[[Page 56398]]

continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing this notice of 
continuation of the AD order.

DATES: Applicable September 14, 2022.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2005, Commerce published in the Federal Register the 
AD order on wooden bedroom furniture from China.\1\ On January 3, 2022, 
Commerce initiated,\2\ and the ITC instituted,\3\ the third sunset 
review of the Order, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).
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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) Reviews, 87 FR 76 
(January 3, 2022).
    \3\ See Wooden Bedroom Furniture from China; Institution of a 
Five-Year Review, 87 FR 121 (January 3, 2022).
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    As a result of its review, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the Order 
would likely lead to continuation or recurrence of dumping. Commerce, 
therefore, notified the ITC of the magnitude of the margins of dumping 
likely to prevail should the Order be revoked.\4\ On September 8, 2022, 
the ITC published its determination that revocation of the Order would 
likely lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time, 
pursuant to sections 751(c) and 752(a) of the Act.\5\
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    \4\ See Wooden Bedroom Furniture from the People's Republic of 
China: Final Results of the Expedited Third Sunset Review of the 
Antidumping Duty Order, 88 FR 27102 (May 6, 2022), and accompanying 
Issues and Decision Memorandum.
    \5\ See Wooden Bedroom Furniture from China, 87 FR 55036 
(September 8, 2022).
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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.
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    \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 audiovisual entertainment systems.
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    The scope of the Order excludes the following items: (1) seats, 
chairs, benches, couches, sofas, sofa beds, stools, and other seating 
furniture; (2) mattresses, mattress supports (including box springs), 
infant cribs, water beds, and futon frames; (3) office furniture, such 
as desks, stand-up desks, computer cabinets, filing cabinets, 
credenzas, and bookcases; (4) dining room or kitchen furniture such as 
dining tables, chairs, servers, sideboards, buffets, corner cabinets, 
china cabinets, and china hutches; (5) other non-bedroom furniture, 
such as television cabinets, cocktail tables, end tables, occasional 
tables, wall systems, book cases, and entertainment systems; (6) 
bedroom furniture made primarily of wicker, cane, osier, bamboo or 
rattan; (7) side rails for beds made of metal if sold separately from 
the headboard and footboard; (8) bedroom furniture in which bentwood 
parts predominate; \15\ (9) jewelry armories; \16\ (10) cheval mirrors; 
\17\ (11) certain metal parts; \18\

[[Page 56399]]

(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\ (14) toyboxes; \20\ (15) certain enclosable wall 
bed units; \21\ (16) certain shoe cabinets; \22\ and (17) certain bed 
bases.\23\
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    \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 Memorandum, ``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 floorstanding, 
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.
    \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 Order apply to the box itself rather than the lid.
    \21\ Excluded from the scope are certain enclosable wall bed 
units, also referred to as murphy beds, which are composed of the 
following three major sections: (1) a metal wall frame, which 
attaches to the wall and uses coils or pistons to support the metal 
mattress frame; (2) a metal frame, which has euro slats for 
supporting a mattress and two legs that pivot; and (3) wood panels, 
which attach to the metal wall frame and/or the metal mattress frame 
to form a cabinet to enclose the wall bed when not in use. Excluded 
enclosable wall bed units are imported in ready to assemble format 
with all parts necessary for assembly. Enclosable wall bed units do 
not include a mattress. Wood panels of enclosable wall bed units, 
when imported separately, remain subject to the Order.
    \22\ 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
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    Imports of subject merchandise are classified under subheadings 
9403.50.9042 and 9403.50.9045 of the Harmonized Tariff Schedule of the 
United States (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 be entered under subheadings 9403.90.7005 or 9403.90.7080 
of the HTSUS. 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.
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    \23\ Excluded from the scope are certain bed bases consisting 
of: (1) a wooden box frame; (2) three wooden cross beams and one 
perpendicular center wooden support beam; and (3) wooden slats over 
the beams. These bed bases are constructed without inner springs 
and/or coils and do not include a headboard, footboard, side rails, 
or mattress. The bed bases are imported unassembled.
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Continuation of the Order

    As a result of the respective determinations by Commerce and the 
ITC that revocation of the Order would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States within a reasonably foreseeable time, pursuant to section 
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the 
continuation of the Order. U.S. Customs and Border Protection will 
continue to collect AD 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), Commerce intends to initiate the next five-year (sunset) 
review of this Order not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an 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.

Notification to Interested Parties

    This five-year sunset review and notice are in accordance with 
section 751(c) of the Act and the notice is published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: September 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19855 Filed 9-13-22; 8:45 am]
BILLING CODE 3510-DS-P