Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Rescission, in Part; and Preliminary Determination of No Shipments; 2021, 61291-61293 [2022-22006]
Download as PDF
Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices
Ideas Ltd.2 Additionally, in the Final
Results Notice of the CVD
administrative review covering the 2020
period of review, Commerce omitted
those same companies from Appendix II
as being among the firms subject to the
review that received the subsidy rate
applicable to companies not selected for
individual examination.3 With the
issuance of this amended notice, we
confirm that Coast Clear Wood Ltd.,
Coulson Manufacturing Ltd., Halo
Sawmill, a division of Delta Cedar
Specialties Ltd., Mainland Sawmill, a
division of Terminal Forest Products
Ltd., and Pine Ideas Ltd. are included
among the firms subject to the CVD
administrative review covering the 2020
period of review and are among the nonselected companies subject to a subsidy
rate of 3.38 percent, effective August 9,
2022.4
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, CVDs on all appropriate
entries of subject merchandise covered
by this review. However, currently we
have instructed CBP to suspend all
entries subject to this review, pursuant
to suspension of liquidation requests
filed in accordance with 19 CFR 356.8
and 19 U.S.C. 516A(g)(5)(C). Consistent
with the requests concerning these five
companies, we also intend to issue
suspension instructions for these
companies consistent with those
requests and in accordance with 19 CFR
356.8 and 19 U.S.C. 516A(g)(5)(C).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash
deposits of estimated CVDs in the
amounts shown for the companies
subject to this review, effective August
9, 2022, the date of publication of the
Final Results Notice in the Federal
Register. Therefore, Commerce will
instruct CBP to collect cash deposits for
Coast Clear Wood Ltd., Coulson
Manufacturing Ltd., Halo Sawmill, a
division of Delta Cedar Specialties Ltd.,
2 Id., 86 FR at 12609; see also Patrick Lumber
Company’s Letter, ‘‘Certain Softwood Lumber
Products from Canada (C–122–858) Patrick Lumber
Company Request for Administrative Review (1/1/
2020–12/31/2020),’’ dated January 29, 2021; and
Pine Ideas Ltd.’s Letter, ‘‘Request for Administrative
Review,’’ dated January 19, 2021.
3 See Certain Softwood Lumber Products from
Canada: Final Results and Final Rescission, in Part,
of the Countervailing Duty Administrative Review,
2020, 87 FR 48455, 48458–59 (August 9, 2022)
(Final Results Notice).
4 Id., 87 FR at 48456.
VerDate Sep<11>2014
17:37 Oct 07, 2022
Jkt 259001
Mainland Sawmill, a division of
Terminal Forest Products Ltd., and Pine
Ideas Ltd. as included among the firms
subject to the CVD administrative
review covering the 2020 period of
review and as among the non-selected
companies subject to a subsidy rate of
3.38 percent. These cash deposits, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Tariff Act of 1930, as
amended.
Dated: October 4, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2022–22001 Filed 10–7–22; 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:
Preliminary Results of Antidumping
Duty Administrative Review;
Rescission, in Part; and Preliminary
Determination of No Shipments; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that of the 33 companies/
company groupings under review, nine
of the companies/company groupings
have not established their entitlement to
a separate rate and are part of the
People’s Republic of China (China)-wide
entity; seven companies/company
groupings had no reviewable sales of
wooden bedroom furniture (WBF)
during the period of review (POR)
January 1, 2021, through December 31,
2021; and all requests to review the
remaining 17 companies/company
groupings were timely withdrawn (thus,
Commerce is rescinding this review
with respect to these entities). We invite
interested parties to comment on these
preliminary results of review.
DATES: Applicable October 11, 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:
AGENCY:
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
61291
Background
On January 11, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty (AD) order on WBF
from China.1 After receiving review
requests,2 Commerce initiated this
review.3 In March and April 2022, seven
companies/company groupings
submitted no shipment certifications.4
Also in April 2022, various companies
filed separate rate applications or
certifications, along with a response to
Commerce’s quantity and value
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 1396 (January 11, 2022).
2 See American Furniture Manufacturers
Committee for Legal Trade and Vaughan-Bassett
Furniture Company, Inc.’s (the petitioners) Letter,
‘‘Wooden Bedroom Furniture from the People’s
Republic of China: Request For Initiation Of
Administrative Review,’’ dated January 31, 2022;
see also Guangzhou Maria Yee Furnishings Ltd.,
Pyla HK Limited, and Maria Yee, Inc’s (collectively,
Maria Yee) Letter, ‘‘Wooden Bedroom Furniture
from the People’s Republic of China; Request for
Administrative Review and Request for Voluntary
Respondent Treatment,’’ dated January 26, 2022.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
13252 (March 9, 2022) (Initiation Notice).
4 See Eurosa’s Letter, ‘‘Eurosa (Kunshan) Co., Ltd.
And Eurosa Furniture Co., (PTE) Ltd.’s Statement of
No Shipments during the POR 2021, Wooden
Bedroom Furniture from the People’s Republic of
China,’’ dated March 22, 2022; see also Zhangzhou
Guohui’s Letter, ‘‘Wooden Bedroom Furniture from
the People’s Republic of China: No Shipment
Certification and Response to Quantity and Value
Questionnaire,’’ dated April 1, 2022; Shenyang
Shining’s Letter, ‘‘Wooden Bedroom Furniture from
the People’s Republic of China: No Shipment Letter
and Response to Quantity and Value Questionnaire
Response,’’ dated April 6, 2022; Nanhai Jiantai and
Fortune Glory’s Letter, ‘‘Seventeenth
Administrative Review of the Antidumping Duty
Order on Wooden Bedroom Furniture from the
People’s Republic of China—No Shipment
Certification of Nanhai Jiantai Woodwork Co., Ltd.
and Fortune Glory Industrial Ltd. (H.K. Ltd.),’’
dated April 7, 2022; Yeh Brothers’s Letter, ‘‘No
Shipment Letter and Quantity and Value
Questionnaire Response for Yeh Brothers World
Trade, Inc. in the Seventeenth Administrative
Review of Wooden Bedroom Furniture from
People’s Republic of China, Case No. A–570–890,’’
dated April 8, 2022; Kinwai International’s Letter,
‘‘No Shipment Letter for Jiangmen Kinwai
International Furniture Co., Ltd., 2021
Administrative Review of Wooden Bedroom
Furniture from People’s Republic of China,’’ dated
April 8, 2022; and Kinwai Furniture’s Letter, ‘‘No
Shipment Letter for Jiangmen Kinwai Furniture
Decoration Co., Ltd., 2021 Administrative Review of
Wooden Bedroom Furniture from People’s Republic
of China,’’ dated April 8, 2022. Kinwai International
and Kinwai Furniture also filed no shipment
certifications on March 28, 2022. See Kinwai
International’s Letter, ’’ No Shipment Letter for
Jiangmen Kinwai International Furniture Co., Ltd.,
‘‘2021 Administrative Review of Wooden Bedroom
Furniture from People’s Republic of China,’’ dated
March 28, 2022; and Kinwai Furniture’s Letter, ‘‘No
Shipment Letter for Jiangmen Kinwai Furniture
Decoration Co., Ltd., 2021 Administrative Review of
Wooden Bedroom Furniture from People’s Republic
of China’’ dated March 28, 2022.
E:\FR\FM\11OCN1.SGM
11OCN1
61292
Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices
questionnaire and certain additional
information requested in a document
package on Commerce’s website. In June
2022, interested parties timely withdrew
all review requests for 17 companies/
company groupings under review.5
Scope of the Order
The product covered by the Order is
WBF, subject to certain exceptions.6
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 description of the scope of
the Order is dispositive.7
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213.
khammond on DSKJM1Z7X2PROD with NOTICES
Preliminary Determination of No
Shipments
In March and April 2022, the
following seven companies/company
groupings timely filed certifications that
they did not export or sell subject
merchandise during the POR: (1) Eurosa
(Kunshan) Co., Ltd. and Eurosa
Furniture Co., (PTE) Ltd. (Eurosa); (2)
Jiangmen Kinwai Furniture Decoration
Co., Ltd. (Kinwai Furniture); (3)
Jiangmen Kinwai International
Furniture Co., Ltd. (Kinwai
International); (4) Nanhai Jiantai
Woodwork Co. Ltd. (Nanhai Jiantai) and
Fortune Glory Industrial, Ltd. (HK Ltd.)
(Fortune Glory); (5) Shenyang Shining
Dongxing Furniture Co., Ltd. (Shenyang
Shining); (6) Yeh Brothers World Trade
Inc. (Yeh Brothers); and (7) Zhangzhou
Guohui Industrial & Trade Co., Ltd.
(Zhangzhou Guohui) 8 Based on our
5 See Petitioner’s Letter, ‘‘Wooden Bedroom
Furniture from the People’s Republic of China:
Partial Withdrawal Of Request For Administrative
Review,’’ dated June 3, 2022; see also Maria Yee’s
Letter, ‘‘Wooden Bedroom Furniture from the
People’s Republic of China: Maria Yee’s
Withdrawal of Request for Review,’’ dated June 3,
2022.
6 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).
7 For a complete description of the scope of the
Order, see Wooden Bedroom Furniture from the
People’s Republic of China: Continuation of
Antidumping Duty Order, 87 FR 56397 (September
14, 2022).
8 See ‘‘Background’’ section, supra.
VerDate Sep<11>2014
17:37 Oct 07, 2022
Jkt 259001
analysis of information that we obtained
from U.S. Customs and Border
Protection (CBP), and the companies’
certifications, we have preliminarily
determined that the seven companies/
company groupings listed above did not
export or sell subject merchandise
during the POR.9
Consistent with Commerce’s practice
in non-market economy (NME) cases,
we are not rescinding this
administrative review with respect to
these seven companies/company
groupings, but intend to complete the
review with respect to these entities and
issue appropriate instructions to CBP
based on the final results of the
review.10
Separate Rates
In the Initiation Notice, we informed
parties that all firms for which a NME
review was initiated that wished to
qualify for separate rate status must
complete, as appropriate, either a
separate rate application or a separate
rate certification.11 The following nine
companies/company groupings for
which a review was requested, failed to
provide a separate rate application or
certification: (1) Dongguan Sunrise
Furniture Co., Taicang Sunrise Wood
Industry, Co., Ltd., Shanghai Sunrise
Furniture Co., Ltd., Fairmont Designs;
(2) Dongguan Sunrise Furniture Co.,
Ltd., Taicang Sunrise Wood Industry
Co., Ltd., Taicang Fairmont Designs
Furniture Co., Ltd., Meizhou Sunrise
Furniture Co., Ltd.; (3) Hang Hai
Woodcraft’s Art Factory; (4) Shenzhen
Forest Furniture Co., Ltd.; (5) Sunforce
Furniture (Hui-Yang) Co., Ltd., Sun
Fung Wooden Factory, Sun Fung Co.,
Shin Feng Furniture Co., Ltd.,
Stupendous International Co., Ltd.; (6)
Superwood Co. Ltd., Lianjiang Zongyu
Art Products Co., Ltd.; (7) Xiamen
Yongquan Sci-Tech Development Co.,
Ltd.; (8) Yihua Timber Industry Co., Ltd.
(a.k.a. Guangdong Yihua Timber
Industry Co., Ltd.); and (9) Yihua
Lifestyle Technology Co., Ltd.
Therefore, Commerce preliminarily
determines that these nine companies/
company groupings failed to
demonstrate that they qualify for
separate rate status and are part of the
China-wide entity.
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
9 See
Memorandum, ‘‘Release of U.S. Customs
and Border Protection Information Relating to No
Shipment Claims,’’ dated September 23, 2022.
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011); and the
‘‘Assessment Rates’’ section, infra.
11 See Initiation Notice, 87 FR at 13253–54.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
review.12 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, the
entity is not under review and the
weighted-average dumping margin
assigned to the China-wide entity is not
subject to change as a result of this
administrative review.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party that requested a review,
withdraws its request within 90 days of
the date of publication of the notice of
initiation of the requested review in the
Federal Register. Interested parties
timely withdrew all review requests for
17 companies/company groupings.
Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the AD order on WBF
from China with respect to all of the
companies/company groupings listed in
the appendix to this notice.
Public Comment
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of
these preliminary results of review in
the Federal Register.13 Rebuttal briefs
may be filed with Commerce no later
than seven days after case briefs are due
and may respond only to arguments
raised in the case briefs.14 A table of
contents, list of authorities used, and an
executive summary of issues should
accompany any briefs submitted to
Commerce. The summary should be
limited to five pages total, including
footnotes.15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice in the
Federal Register. Requests for a hearing
should contain: (1) the requesting
party’s name, address, and telephone
number; (2) the number of individuals
12 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 (November 4, 2013).
13 See 19 CFR 351.309(c)(1)(ii).
14 See 19 CFR 351.309(d).
15 See 19 CFR 351.309(c)(2) and (d)(2).
E:\FR\FM\11OCN1.SGM
11OCN1
Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices
associated with the requesting party that
will attend the hearing and whether any
of those individuals is a foreign
national; and (3) a list of the issues the
party intends to discuss at the hearing.
Oral arguments at the hearing will be
limited to issues raised in the case and
rebuttal briefs. If a request for a hearing
is made, Commerce will announce the
date and time of the hearing. Parties
should confirm by telephone the date
and time of the hearing two days before
the scheduled hearing date.
All submissions to Commerce, with
limited exceptions, must be filed
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
An electronically filed document must
be received successfully in its entirety
by Commerce’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time on the due date.16 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.17
khammond on DSKJM1Z7X2PROD with NOTICES
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this review no later than 120
days after the date these preliminary
results of review are published in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP shall assess, ADs on all
appropriate entries of subject
merchandise covered by this review.
Commerce intends to issue assessment
instructions to CBP for the companies
still under review, no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. Commerce intends to
issue assessment instructions to CBP for
the companies for which it rescinded
this review, no earlier than 35 days after
the date of publication of this notice in
the Federal Register. If a timely
summons is filed at the U.S. Court of
International Trade, the assessment
instructions will direct CBP not to
liquidate relevant entries until the time
for parties to file a request for a statutory
16 See 19 CFR 351.303 (for general filing
requirements); Antidumping and Countervailing
Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:37 Oct 07, 2022
Jkt 259001
injunction has expired (i.e., within 90
days of publication).
If we do not alter these preliminary
results of review, we intend to instruct
CBP to liquidate entries of subject
merchandise exported by the
companies/company groupings that
failed to qualify for a separate rate, and
any suspended entries of subject
merchandise during the POR under the
case numbers of companies that claimed
no shipments, at the China-wide entity
rate. We intend to instruct CBP to
liquidate entries of subject merchandise
exported by the companies/company
groupings for which we rescinded the
review, at the cash deposit rate required
at the time of entry.
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on, or after, the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) for
any previously investigated or reviewed
China or non-China exporter that has a
separate rate, the cash deposit rate will
continue to be the exporter’s existing
cash deposit rate; (2) for all China
exporters of subject merchandise that do
not have a separate rate, including those
exporters who failed to establish their
separate rate eligibility in this
proceeding, the cash deposit rate will be
equal to the dumping margin assigned
to the China-wide entity, which is
216.01 percent; and (3) for all non-China
exporters of subject merchandise that do
not have a separate rate, the cash
deposit rate will be equal to the
dumping margin applicable to the China
exporter(s) that supplied that non-China
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during the POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double ADs.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
61293
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.213
and 351.221(b)(4).
Dated: October 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Companies/Company Groupings for Which
the Administrative Review Is Being
Rescinded
1. Dongguan Chengcheng Group Co., Ltd.
2. Golden Well International (HK), Ltd./
Producer: Zhangzhou XYM Furniture
Product Co., Ltd.
3. Guangzhou Maria Yee Furnishings Ltd.,
Pyla HK Ltd., Maria Yee, Inc.
4. Jiangsu Xiangsheng Bedtime Furniture Co.,
Ltd.
5. Jiangsu Yuexing Furniture Group Co., Ltd.
6. Perfect Line Furniture Co., Ltd.
7. PuTian JingGong Furniture Co., Ltd.
8. Shenzhen Jiafa High Grade Furniture Co.,
Ltd., Golden Lion International Trading
Ltd.
9. Shenzhen New Fudu Furniture Co., Ltd.
10. Shenzhen Wonderful Furniture Co., Ltd.
11. Tradewinds Furniture Ltd. (successor-ininterest to Nanhai Jiantai Woodwork
Co.), Fortune Glory Industrial Ltd. (H.K.
Ltd.)
12. Wuxi Yushea Furniture Co., Ltd.
13. Zhangjiagang Daye Hotel Furniture Co.
Ltd.
14. Zhejiang Tianyi Scientific & Educational
Equipment Co., Ltd.
15. Zhongshan Fookyik Furniture Co., Ltd.
16. Zhongshan Golden King Furniture
Industrial Co., Ltd.
17. Zhoushan For-Strong Wood Co., Ltd.
[FR Doc. 2022–22006 Filed 10–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Atlantic Highly Migratory
Species (HMS) Recreational Landings
and Bluefin Tuna Catch Reports
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
E:\FR\FM\11OCN1.SGM
11OCN1
Agencies
[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61291-61293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22006]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review;
Rescission, in Part; and Preliminary Determination of No Shipments;
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that of the 33 companies/company groupings under review,
nine of the companies/company groupings have not established their
entitlement to a separate rate and are part of the People's Republic of
China (China)-wide entity; seven companies/company groupings had no
reviewable sales of wooden bedroom furniture (WBF) during the period of
review (POR) January 1, 2021, through December 31, 2021; and all
requests to review the remaining 17 companies/company groupings were
timely withdrawn (thus, Commerce is rescinding this review with respect
to these entities). We invite interested parties to comment on these
preliminary results of review.
DATES: Applicable October 11, 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 11, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty (AD) order on WBF from China.\1\ After receiving
review requests,\2\ Commerce initiated this review.\3\ In March and
April 2022, seven companies/company groupings submitted no shipment
certifications.\4\ Also in April 2022, various companies filed separate
rate applications or certifications, along with a response to
Commerce's quantity and value
[[Page 61292]]
questionnaire and certain additional information requested in a
document package on Commerce's website. In June 2022, interested
parties timely withdrew all review requests for 17 companies/company
groupings under review.\5\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 1396 (January 11,
2022).
\2\ See American Furniture Manufacturers Committee for Legal
Trade and Vaughan-Bassett Furniture Company, Inc.'s (the
petitioners) Letter, ``Wooden Bedroom Furniture from the People's
Republic of China: Request For Initiation Of Administrative
Review,'' dated January 31, 2022; see also Guangzhou Maria Yee
Furnishings Ltd., Pyla HK Limited, and Maria Yee, Inc's
(collectively, Maria Yee) Letter, ``Wooden Bedroom Furniture from
the People's Republic of China; Request for Administrative Review
and Request for Voluntary Respondent Treatment,'' dated January 26,
2022.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 13252 (March 9, 2022) (Initiation
Notice).
\4\ See Eurosa's Letter, ``Eurosa (Kunshan) Co., Ltd. And Eurosa
Furniture Co., (PTE) Ltd.'s Statement of No Shipments during the POR
2021, Wooden Bedroom Furniture from the People's Republic of
China,'' dated March 22, 2022; see also Zhangzhou Guohui's Letter,
``Wooden Bedroom Furniture from the People's Republic of China: No
Shipment Certification and Response to Quantity and Value
Questionnaire,'' dated April 1, 2022; Shenyang Shining's Letter,
``Wooden Bedroom Furniture from the People's Republic of China: No
Shipment Letter and Response to Quantity and Value Questionnaire
Response,'' dated April 6, 2022; Nanhai Jiantai and Fortune Glory's
Letter, ``Seventeenth Administrative Review of the Antidumping Duty
Order on Wooden Bedroom Furniture from the People's Republic of
China--No Shipment Certification of Nanhai Jiantai Woodwork Co.,
Ltd. and Fortune Glory Industrial Ltd. (H.K. Ltd.),'' dated April 7,
2022; Yeh Brothers's Letter, ``No Shipment Letter and Quantity and
Value Questionnaire Response for Yeh Brothers World Trade, Inc. in
the Seventeenth Administrative Review of Wooden Bedroom Furniture
from People's Republic of China, Case No. A-570-890,'' dated April
8, 2022; Kinwai International's Letter, ``No Shipment Letter for
Jiangmen Kinwai International Furniture Co., Ltd., 2021
Administrative Review of Wooden Bedroom Furniture from People's
Republic of China,'' dated April 8, 2022; and Kinwai Furniture's
Letter, ``No Shipment Letter for Jiangmen Kinwai Furniture
Decoration Co., Ltd., 2021 Administrative Review of Wooden Bedroom
Furniture from People's Republic of China,'' dated April 8, 2022.
Kinwai International and Kinwai Furniture also filed no shipment
certifications on March 28, 2022. See Kinwai International's Letter,
'' No Shipment Letter for Jiangmen Kinwai International Furniture
Co., Ltd., ``2021 Administrative Review of Wooden Bedroom Furniture
from People's Republic of China,'' dated March 28, 2022; and Kinwai
Furniture's Letter, ``No Shipment Letter for Jiangmen Kinwai
Furniture Decoration Co., Ltd., 2021 Administrative Review of Wooden
Bedroom Furniture from People's Republic of China'' dated March 28,
2022.
\5\ See Petitioner's Letter, ``Wooden Bedroom Furniture from the
People's Republic of China: Partial Withdrawal Of Request For
Administrative Review,'' dated June 3, 2022; see also Maria Yee's
Letter, ``Wooden Bedroom Furniture from the People's Republic of
China: Maria Yee's Withdrawal of Request for Review,'' dated June 3,
2022.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is WBF, subject to certain
exceptions.\6\ 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 description of the scope
of the Order is dispositive.\7\
---------------------------------------------------------------------------
\6\ 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).
\7\ For a complete description of the scope of the Order, see
Wooden Bedroom Furniture from the People's Republic of China:
Continuation of Antidumping Duty Order, 87 FR 56397 (September 14,
2022).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213.
Preliminary Determination of No Shipments
In March and April 2022, the following seven companies/company
groupings timely filed certifications that they did not export or sell
subject merchandise during the POR: (1) Eurosa (Kunshan) Co., Ltd. and
Eurosa Furniture Co., (PTE) Ltd. (Eurosa); (2) Jiangmen Kinwai
Furniture Decoration Co., Ltd. (Kinwai Furniture); (3) Jiangmen Kinwai
International Furniture Co., Ltd. (Kinwai International); (4) Nanhai
Jiantai Woodwork Co. Ltd. (Nanhai Jiantai) and Fortune Glory
Industrial, Ltd. (HK Ltd.) (Fortune Glory); (5) Shenyang Shining
Dongxing Furniture Co., Ltd. (Shenyang Shining); (6) Yeh Brothers World
Trade Inc. (Yeh Brothers); and (7) Zhangzhou Guohui Industrial & Trade
Co., Ltd. (Zhangzhou Guohui) \8\ Based on our analysis of information
that we obtained from U.S. Customs and Border Protection (CBP), and the
companies' certifications, we have preliminarily determined that the
seven companies/company groupings listed above did not export or sell
subject merchandise during the POR.\9\
---------------------------------------------------------------------------
\8\ See ``Background'' section, supra.
\9\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information Relating to No Shipment Claims,'' dated
September 23, 2022.
---------------------------------------------------------------------------
Consistent with Commerce's practice in non-market economy (NME)
cases, we are not rescinding this administrative review with respect to
these seven companies/company groupings, but intend to complete the
review with respect to these entities and issue appropriate
instructions to CBP based on the final results of the review.\10\
---------------------------------------------------------------------------
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); and
the ``Assessment Rates'' section, infra.
---------------------------------------------------------------------------
Separate Rates
In the Initiation Notice, we informed parties that all firms for
which a NME review was initiated that wished to qualify for separate
rate status must complete, as appropriate, either a separate rate
application or a separate rate certification.\11\ The following nine
companies/company groupings for which a review was requested, failed to
provide a separate rate application or certification: (1) Dongguan
Sunrise Furniture Co., Taicang Sunrise Wood Industry, Co., Ltd.,
Shanghai Sunrise Furniture Co., Ltd., Fairmont Designs; (2) Dongguan
Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co., Ltd.,
Taicang Fairmont Designs Furniture Co., Ltd., Meizhou Sunrise Furniture
Co., Ltd.; (3) Hang Hai Woodcraft's Art Factory; (4) Shenzhen Forest
Furniture Co., Ltd.; (5) Sunforce Furniture (Hui-Yang) Co., Ltd., Sun
Fung Wooden Factory, Sun Fung Co., Shin Feng Furniture Co., Ltd.,
Stupendous International Co., Ltd.; (6) Superwood Co. Ltd., Lianjiang
Zongyu Art Products Co., Ltd.; (7) Xiamen Yongquan Sci-Tech Development
Co., Ltd.; (8) Yihua Timber Industry Co., Ltd. (a.k.a. Guangdong Yihua
Timber Industry Co., Ltd.); and (9) Yihua Lifestyle Technology Co.,
Ltd. Therefore, Commerce preliminarily determines that these nine
companies/company groupings failed to demonstrate that they qualify for
separate rate status and are part of the China-wide entity.
---------------------------------------------------------------------------
\11\ See Initiation Notice, 87 FR at 13253-54.
---------------------------------------------------------------------------
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\12\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity,
the entity is not under review and the weighted-average dumping margin
assigned to the China-wide entity is not subject to change as a result
of this administrative review.
---------------------------------------------------------------------------
\12\ 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 (November 4, 2013).
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party that requested a
review, withdraws its request within 90 days of the date of publication
of the notice of initiation of the requested review in the Federal
Register. Interested parties timely withdrew all review requests for 17
companies/company groupings. Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the AD order on
WBF from China with respect to all of the companies/company groupings
listed in the appendix to this notice.
Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of these preliminary results of
review in the Federal Register.\13\ Rebuttal briefs may be filed with
Commerce no later than seven days after case briefs are due and may
respond only to arguments raised in the case briefs.\14\ A table of
contents, list of authorities used, and an executive summary of issues
should accompany any briefs submitted to Commerce. The summary should
be limited to five pages total, including footnotes.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests for a hearing should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals
[[Page 61293]]
associated with the requesting party that will attend the hearing and
whether any of those individuals is a foreign national; and (3) a list
of the issues the party intends to discuss at the hearing. Oral
arguments at the hearing will be limited to issues raised in the case
and rebuttal briefs. If a request for a hearing is made, Commerce will
announce the date and time of the hearing. Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled hearing date.
All submissions to Commerce, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS). An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the due date.\16\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\17\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this review no later than 120 days after the date these
preliminary results of review are published in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, ADs on all appropriate entries of
subject merchandise covered by this review. Commerce intends to issue
assessment instructions to CBP for the companies still under review, no
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. Commerce intends to issue
assessment instructions to CBP for the companies for which it rescinded
this review, no earlier than 35 days after the date of publication of
this notice in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
If we do not alter these preliminary results of review, we intend
to instruct CBP to liquidate entries of subject merchandise exported by
the companies/company groupings that failed to qualify for a separate
rate, and any suspended entries of subject merchandise during the POR
under the case numbers of companies that claimed no shipments, at the
China-wide entity rate. We intend to instruct CBP to liquidate entries
of subject merchandise exported by the companies/company groupings for
which we rescinded the review, at the cash deposit rate required at the
time of entry.
Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for
any previously investigated or reviewed China or non-China exporter
that has a separate rate, the cash deposit rate will continue to be the
exporter's existing cash deposit rate; (2) for all China exporters of
subject merchandise that do not have a separate rate, including those
exporters who failed to establish their separate rate eligibility in
this proceeding, the cash deposit rate will be equal to the dumping
margin assigned to the China-wide entity, which is 216.01 percent; and
(3) for all non-China exporters of subject merchandise that do not have
a separate rate, the cash deposit rate will be equal to the dumping
margin applicable to the China exporter(s) that supplied that non-China
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during the POR. Failure to
comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double ADs.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: October 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Companies/Company Groupings for Which the Administrative Review Is
Being Rescinded
1. Dongguan Chengcheng Group Co., Ltd.
2. Golden Well International (HK), Ltd./Producer: Zhangzhou XYM
Furniture Product Co., Ltd.
3. Guangzhou Maria Yee Furnishings Ltd., Pyla HK Ltd., Maria Yee,
Inc.
4. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
5. Jiangsu Yuexing Furniture Group Co., Ltd.
6. Perfect Line Furniture Co., Ltd.
7. PuTian JingGong Furniture Co., Ltd.
8. Shenzhen Jiafa High Grade Furniture Co., Ltd., Golden Lion
International Trading Ltd.
9. Shenzhen New Fudu Furniture Co., Ltd.
10. Shenzhen Wonderful Furniture Co., Ltd.
11. Tradewinds Furniture Ltd. (successor-in-interest to Nanhai
Jiantai Woodwork Co.), Fortune Glory Industrial Ltd. (H.K. Ltd.)
12. Wuxi Yushea Furniture Co., Ltd.
13. Zhangjiagang Daye Hotel Furniture Co. Ltd.
14. Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd.
15. Zhongshan Fookyik Furniture Co., Ltd.
16. Zhongshan Golden King Furniture Industrial Co., Ltd.
17. Zhoushan For-Strong Wood Co., Ltd.
[FR Doc. 2022-22006 Filed 10-7-22; 8:45 am]
BILLING CODE 3510-DS-P