Wooden Bedroom Furniture From the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances Review, 71300-71302 [2022-25369]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71300-71302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25369]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Initiation of Antidumping Duty Changed Circumstances Review

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

SUMMARY: In response to a request from Golden Well International (HK), 
Ltd. (Golden Well) and Zhangzhou XMB Home Technology Co., Ltd. 
(Zhangzhou XMB), the U.S. Department of Commerce (Commerce) is 
initiating a changed circumstances review (CCR) of the antidumping duty 
(AD) order on wooden bedroom furniture (WBF) from the People's Republic 
of China (China) to determine whether Zhangzhou XMB is the successor-
in-interest to Zhangzhou XYM Furniture Product Co., Ltd. (Zhangzhou 
XYM).

DATES: Applicable November 22, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.

SUPPLEMENTARY INFORMATION: 

Background

    On January 4, 2005, Commerce published in the Federal Register an 
amended final less-than-fair-value determination and AD order on WBF 
from China.\1\ On August 17, 2009, Commerce published in the Federal 
Register the final results of an administrative review and new shipper 
reviews of the AD order on WBF from China, in which it determined that 
the exporter/producer combination of Golden Well and Zhangzhou XYM 
established its eligibility for a separate combination rate.\2\
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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 Wooden Bedroom Furniture from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
New Shipper Reviews, 74 FR 41374, 41380 (August 17, 2009).
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    On October 5, 2022, Golden Well and Zhangzhou XMB notified Commerce 
that Zhangzhou XYM changed its name to Zhangzhou XMB and requested that 
Commerce conduct a CCR to determine that Zhangzhou XMB is the 
successor-in-interest to Zhangzhou XYM.\3\ We received no comments from 
interested parties regarding the CCR Request.
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    \3\ See Golden Well and Zhangzhou XMB's Letter, ``Wooden Bedroom 
Furniture from the People's Republic of China; Request for Changed 
Circumstances Review (A-570-890),'' dated October 5, 2022 (CCR 
Request).
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Scope of the Order

    The merchandise covered by the Order is WBF. For a complete 
description of the scope of the Order, see the appendix to this notice.

Initiation of CCR

    Pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR 
upon receipt of a request from an interested party for a review of an 
AD order which shows changed circumstances sufficient to warrant a 
review of the order. Commerce conducts CCRs to address, among other 
things, the applicability of cash deposit rates after there have been 
changes in the name or structure of a respondent, such as a merger or 
spinoff (i.e., a successor-in-interest determination).\4\ Golden Well 
and Zhangzhou XMB provided information regarding the name change 
sufficient to warrant the initiation of a CCR.\5\ Therefore, in 
accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), 
we are initiating a CCR to determine whether Zhangzhou XMB is the 
successor-in-interest to Zhangzhou XYM.
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    \4\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606 
(November 7, 2017), unchanged in Diamond Sawblades and Parts Thereof 
from the People's Republic of China: Final Results of Antidumping 
Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017).
    \5\ See 19 CFR 351.216(d).
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    In successor-in-interest CCRs, Commerce examines, among other 
things, whether there have been changes in a company's: (1) management; 
(2) facilities; (3) suppliers; or (4) customers since a name change to 
determine whether the company under the new name is essentially the 
same as it was under the prior name. While no single factor or 
combination of factors necessarily provides a dispositive indication of 
a successor-in-interest relationship, generally Commerce considers the 
new company to be the successor to the previous company if the new 
company's resulting operation is not materially dissimilar to that of 
its predecessor. Thus, if the record evidence demonstrates that, with 
respect to the production and sale of the subject merchandise, the new 
company operates as the same business entity as the predecessor 
company, Commerce may assign the new company the cash deposit rate of 
its predecessor.
    Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce may combine the 
notices of initiation and preliminary results of a CCR into a single 
notice if it concludes that expedited action is warranted. We have 
determined that it is appropriate to further consider, and potentially 
seek additional information regarding, certain of the factors noted 
above that Commerce examines in successor-in-interest CCRs. Therefore, 
we have determined that expedited action is not warranted and we have 
not combined the notice of preliminary results of the CCR with this 
notice. Commerce intends to publish notice of the preliminary results 
of this CCR in the Federal Register in accordance with 19 CFR 
351.221(b)(4) and (c)(3)(i). Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested

[[Page 71301]]

parties will have an opportunity to comment on the preliminary results.
    Unless extended, Commerce intends to issue the final results of 
this CCR within 270 days after the date of initiation, in accordance 
with 19 CFR 351.216(e).

Notification to Interested Parties

    This notice is published in accordance with section 751(b)(1) of 
the Act, and 19 CFR 351.216(b) and 19 CFR 351.221(b)(1).

    Dated: November 16, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--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.
    \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.
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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\ (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

[[Page 71302]]

bed units; \21\ (16) certain shoe cabinets; \22\ and (17) certain 
bed bases.\23\
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    \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.
    \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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    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.

[FR Doc. 2022-25369 Filed 11-21-22; 8:45 am]
BILLING CODE 3510-DS-P