Wooden Bedroom Furniture from the People\'s Republic of China: Final ...

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Wooden Bedroom Furniture from the People's Republic of China: FinalResults of Fourth New Shipper Reviews

Released : Friday, October 31, 2008 10:08 AM
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Import Administration
Citation: "73 FR 64916"
Document Number: "A-570-890"
Page Number: "64916"
"Notices"
SUMMARY: On June 6, 2008, the Department of Commerce (the"Department") published the preliminary results of these newshipper reviews ("NSRs") covering the period January 1, 2007through July 31, 2007. /1/ See Wooden Bedroom Furniture from thePeople's Republic of China: Preliminary Results of January 1, 2007July 31, 2007 Semi-Annual New Shipper Reviews; 73 FR 32292 (June 6,2008) ("Preliminary Results "). Based on our analysis of thecomments received, we have made certain changes to ourcalculations. The final dumping margins for these reviews arelisted in the "Final Results of the Reviews" section below.
FOOTNOTE 1 In the initiation notice of the NSRs the Departmentexplained that it was expanding the period of review ("POR"),pursuant to 19 CFR 351.214 (f)(2)(ii), because the sale of thesubject merchandise occurred within the POR, but the entry occurredafter the normal POR. See Wooden Bedroom Furniture From thePeople's Republic of China: Initiation of New Shipper Reviews, 72FR 52083 (September 12, 2007). As a result, the POR for these NSRsis January 1 through July 31, 2007. END FOOTNOTE
EFFECTIVE DATE: October 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Paul Stolz, AD/CVD Operations, Office 8, Import Administration,International Trade Administration, U.S. Department of Commerce,14th Street and Constitution Avenue, NW, Washington, DC 20230;telephone: (202) 482-4474.
SUPPLEMENTARY INFORMATION: Since the Preliminary Results, thefollowing events have occurred. On June 17, 2008, Donguan Mu SiFurniture Co., Ltd. ("Mu Si") submitted documents to the Departmentclaiming that due to a computational error it had misreported theconsumption factor for medium density fiberboard ("MDF") used toproduce cherry veneer nightstands.
On July 7, 2008, we extended the time limit for the completionof the final results of these NSRs until no later than October 24,2008. See Wooden Bedroom Furniture from the People's Republic ofChina: Notice of Extension of Time Limit for Final Results of NewShipper Reviews; 73 FR 50933 (August 29, 2008).
On July 7, 2008, we received case briefs from Mu Si and theAmerican Furniture Manufacturers Committee for Legal Trade andVaughan-Bassett Furniture Company Inc. (collectively"Petitioners"). On July 17, 2008, we received a timely rebuttalbrief from Donguan Bon Ten Furniture Co., Ltd. ("Bon Ten") and MuSi.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs byparties to these reviews are addressed in the "Issues and DecisionMemorandum for the Final Results of Antidumping Duty AdministrativeReview and New Shipper Reviews of Wooden Bedroom Furniture from thePeople's Republic of China," dated October 24, 2008, which ishereby adopted by this notice ("Issues and Decision Memo"). A listof the issues discussed in the Issues and Decision Memo is attachedto this notice as an appendix. The Issues and Decision Memo is apublic document and is on file in the Central Records Unit ("CRU"),Main Commerce Building, Room 1117, and is accessible on the Web athttp://ia.ita.doc.gov/frn. The paper copy and electronic version ofthe memorandum are identical in content.
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 ofapproximately the same style and approximately the same materialand/or finish. The subject merchandise is made substantially ofwood products, including both solid wood and also engineered woodproducts made from wood particles, fibers, or other woodenmaterials such as plywood, oriented strand board, particle board,and fiberboard, with or without wood veneers, wood overlays, orlaminates, with or without non-wood components or trim such asmetal, marble, leather, glass, plastic, or other resins, andwhether or not assembled, completed, or finished.
The subject merchandise includes the following items: (1) woodenbeds such as loft beds, bunk beds, and other beds; (2) woodenheadboards for beds (whether stand-alone or attached to siderails), wooden footboards for beds, wooden side rails for beds, andwooden canopies for beds; (3) night tables, night stands, dressers,commodes, bureaus, mule chests, gentlemen's chests, bachelor'schests, lingerie chests, wardrobes, vanities, chessers,chifforobes, and wardrobe-type cabinets; (4) dressers with framedglass mirrors that are attached to, incorporated in, sit on, orhang over the dresser; (5) chests-on-chests, /2/ highboys, /3/lowboys, /4/ chests of drawers, /5/ chests, /6/ door chests, /7/chiffoniers, /8/ hutches, /9/ and armoires; /10/ (6) desks,computer stands, filing cabinets, book cases, or writing tablesthat are attached to or incorporated in the subject merchandise;and (7) other bedroom furniture consistent with the above list.
FOOTNOTE 2 A chest-on-chest is typically a tall chest-of-drawersin two or more sections (or appearing to be in two or moresections), with one or two sections mounted (or appearing to bemounted) on a slightly larger chest; also known as a tallboy. ENDFOOTNOTE
FOOTNOTE 3 A highboy is typically a tall chest of drawersusually composed of a base and a top section with drawers, andsupported on four legs or a small chest (often 15 inches or more inheight). END FOOTNOTE
FOOTNOTE 4 A lowboy is typically a short chest of drawers, notmore than four feet high, normally set on short legs. END FOOTNOTE
FOOTNOTE 5 A chest of drawers is typically a case containingdrawers for storing clothing. END FOOTNOTE
FOOTNOTE 6 A chest is typically a case piece taller than it iswide featuring a series of drawers and with or without one or moredoors for storing clothing. The piece can either include drawers orbe designed as a large box incorporating a lid. END FOOTNOTE
FOOTNOTE 7 A door chest is typically a chest with hinged doorsto store clothing, whether or not containing drawers. The piece mayalso include shelves for televisions and other entertainmentelectronics. END FOOTNOTE
FOOTNOTE 8 A chiffonier is typically a tall and narrow chest ofdrawers normally used for storing undergarments and lingerie, oftenwith mirror(s) attached. END FOOTNOTE
FOOTNOTE 9 A hutch is typically an open case of furniture withshelves that typically sits on another piece of furniture andprovides storage for clothes. END FOOTNOTE
FOOTNOTE 10 An armoire is typically a tall cabinet or wardrobe(typically 50 inches or taller), with doors, and with one or moredrawers (either exterior below or above the doors or interiorbehind the doors), shelves, and/or garment rods or other apparatusfor storing clothes. Bedroom armoires may also be used to holdtelevision receivers and/or other audio-visual entertainmentsystems. END FOOTNOTE
The scope of the order excludes the following items: (1) seats,chairs, benches, couches, sofas, sofa beds, stools, and otherseating furniture; (2) mattresses, mattress supports (including boxsprings), infant cribs, water beds, and futon frames; (3) officefurniture, such as desks, stand-up desks, computer cabinets, filingcabinets, credenzas, and bookcases; (4) dining room or kitchenfurniture such as dining tables, chairs, servers, sideboards,buffets, corner cabinets, china cabinets, and china hutches; (5)other non-bedroom furniture, such as television cabinets, cocktailtables, end tables, occasional tables, wall systems, book cases,and entertainment systems; (6) bedroom furniture made primarily ofwicker, cane, osier, bamboo or rattan; (7) side rails for beds madeof metal if sold separately from the headboard and footboard; (8)bedroom furniture in which bentwood parts predominate; /11/ (9)jewelry armoires; /12/ (10) cheval mirrors; /13/ (11) certain metalparts; /14/ (12) mirrors that do not attach to, incorporate in, siton, or hang over a dresser if they are not designed and marketed tobe sold in conjunction with a dresser as part of a dresser-mirrorset; and (13) upholstered beds. n 15
FOOTNOTE 11 As used herein, bentwood means solid wood madepliable. Bentwood is wood that is brought to a curved shape bybending it while made pliable with moist heat or other agency andthen set by cooling or drying. See Customs' Headquarters' RulingLetter 043859, dated May 17, 1976. END FOOTNOTE
FOOTNOTE 12 Any armoire, cabinet or other accent item for thepurpose of storing jewelry, not to exceed 24" in width, 18" indepth, and 49" in height, including a minimum of 5 lined drawerslined with felt or felt-like material, at least one side 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. SeeIssues and Decision Memorandum from Laurel LaCivita to LaurieParkhill, Office Director, Concerning Jewelry Armoires and ChevalMirrors in the Antidumping Duty Investigation of Wooden BedroomFurniture from the People's Republic of China, dated August 31,2004 and Notice of Amended Preliminary Determination of Sales atLess Than Fair Value and Amendment to the Scope: Wooden BedroomFurniture from the People's Republic of China, 69 FR 54643(September 9, 2004). See also Wooden Bedroom Furniture from thePeople's Republic of China: Notice of Final Results of ChangedCircumstances Review and Revocation in Part, 71 FR 38621 (July 7,2006). END FOOTNOTE
FOOTNOTE 13 Cheval mirrors are any framed, tiltable mirror witha height in excess of 50" that is mounted on a floor-standing,hinged base. Additionally, the scope of the order excludescombination cheval mirror/jewelry cabinets. The excludedmerchandise is an integrated piece consisting of a cheval mirror,i.e., a framed tiltable mirror with a height in excess of 50inches, mounted on a floor-standing, hinged base, the cheval mirrorserving as a door to a cabinet back that is integral to thestructure of the mirror and which constitutes a jewelry cabinetlined with fabric, having necklace and bracelet hooks, mountingsfor rings and shelves, with or without a working lock and key tosecure the contents of the jewelry cabinet back to the chevalmirror, and no drawers anywhere on the integrated piece. The fullyassembled piece must be at least 50 inches in height, 14.5 inchesin width, and 3 inches in depth. See Wooden Bedroom Furniture Fromthe People's Republic of China: Final Results of ChangedCircumstances Review and Determination To Revoke Order in Part, 72FR 948 (January 9, 2007). END FOOTNOTE
FOOTNOTE 14 Metal furniture parts and unfinished furniture partsmade of wood products (as defined above) that are not otherwisespecifically named in this scope (i.e., wooden headboards for beds,wooden footboards for beds, wooden side rails for beds, and woodencanopies for beds) and that do not possess the essential characterof wooden bedroom furniture in an unassembled, incomplete, orunfinished form. Such parts are usually classified under theHarmonized Tariff Schedule of the United States ("HTSUS")subheading 9403.90.7000. END FOOTNOTE
FOOTNOTE 15 Upholstered beds that are completely upholstered,i.e., containing filling material and completely covered in sewngenuine leather, synthetic leather, or natural or syntheticdecorative fabric. To be excluded, the entire bed (headboards,footboards, and side rails) must be upholstered except for bedfeet, which may be of wood, metal, or any other material and whichare no more than nine inches in height from the floor. See WoodenBedroom Furniture from the People's Republic of China: FinalResults of Changed Circumstances Review and Determination to RevokeOrder in Part, 72 FR 7013 (February 14, 2007). END FOOTNOTE
Imports of subject merchandise are classified under subheading9403.50.9040 of the HTSUS as "wooden . . . beds" and undersubheading 9403.50.9080 of the HTSUS as "other . . . woodenfurniture of a kind used in the bedroom." In addition, woodenheadboards for beds, wooden footboards for beds, wooden side railsfor beds, and wooden canopies for beds may also be entered undersubheading 9403.50.9040 of the HTSUS as "parts of wood" and framedglass mirrors may also be entered under subheading 7009.92.5000 ofthe HTSUS as "glass mirrors . . . framed." This order covers allwooden bedroom furniture meeting the above description, regardlessof tariff classification. Although the HTSUS subheadings areprovided for convenience and customs purposes, our writtendescription of the scope of this proceeding is dispositive.
Changes Since the Preliminary Results
Based on our analysis of information on the record of theseNSRs, and comments received from the interested parties, we havemade the following changes to the margin calculations for Bon Tenand Mu Si.
* We employed facts available in order to calculate Mu Si'sper-unit consumption of MDF used to produce cherry veneernightstands. See the "Facts Available" section of this notice,below.
* We corrected average unit value calculations for certainfactors of production ("FOPs"). See the Issues and Decision Memo atComment 2 and the memorandum to the file "New Shipper Review ofWooden Bedroom Furniture from the People's Republic of China:Surrogate Values for the Final Results" ("FOP memorandum") datedOctober 24, 2008.
* We corrected the calculation of domestic movement expenses.See the Issues and Decision Memo at Comment 3 and the FOPmemorandum.
* We corrected the conversion of weight measurements forcertain FOPs. See the Issues and Decision Memo at Comment 4 and theFOP memorandum.
* We recalculated the surrogate financial ratios using thefinancial statements of four Indian producers of comparablemerchandise. See the Issues and Decision Memo at Comment 5 and theFOP memorandum.
Facts Available
Sections 776(a)(1) and (2) of the Tariff Act of 1930 as amended("the Act") provide that the Department shall apply "factsotherwise available" if necessary information is not on the recordor an interested party or any other person (A) withholdsinformation that has been requested, (B) fails to provideinformation within the deadlines established, or in the form andmanner requested by the Department, subject to subsections (c)(1)and (e) of section 782, (C) significantly impedes a proceeding, or(D) provides information that cannot be verified as provided bysection 782(i) of the Act.
Where the Department determines that a response to a request forinformation does not comply with the request, section 782(d) of theAct provides that the Department will so inform the partysubmitting the response and will, to the extent practicable,provide that party the opportunity to remedy or explain thedeficiency. If the party fails to remedy the deficiency within theapplicable time limits and subject to section 782(e) of the Act,the Department may disregard all or part of the original andsubsequent responses, as appropriate. Section 782(e) of the Actprovides that the Department "shall not decline to considerinformation that is submitted by an interested party and isnecessary to the determination but does not meet all applicablerequirements established by the administering authority" if theinformation is timely, can be verified, is not so incomplete thatit cannot be used, and if the interested party acted to the best ofits ability in providing the information. Where all of theseconditions are met, the statute requires the Department to use theinformation if it can do so without undue difficulties.
Mu Si claimed that it misreported its consumption factor for MDFused to produce cherry veneer nightstands. Mu Si explained thiserror and proposed a correction in a submission it made to theDepartment on June 17, 2008, subsequent to publication of thepreliminary results in the Federal Register, and again in its casebrief. However, Mu Si's proposed correction of the MDF consumptionfactor is incomplete based on additional evidence on the record.
Given the late stage of the review when Mu Si claimed itmisreported MDF consumption (i.e. after the preliminary results),the Department was unable to seek additional information from Mu Sito complete the record. Thus, the Department has incompleteinformation on the record and must rely on facts available tocalculate the MDF consumption for control number 2, cherry veneernightstands. See Section 776(a) of the Act. There is no evidence onthe record of this segment of the proceeding that Mu Si failed tocooperate during these NSRs, thus the Department has not relied onadverse inferences under section 776(b) of the Act. As factsavailable, we employed Mu Si's original MDF consumption calculationas corrected for the alleged transposition error with respect toMDF, 12 mm thickness. Please see the Issues and Decision Memo atComment 5 and the FOP memorandum for further discussion of thisissue.
Surrogate Country
In the Preliminary Results, we stated that although wepreliminarily selected the Philippines as the surrogate country inthe on-going administrative review of the wooden bedroom furnitureantidumping duty order, there is no information on the record ofthese NSRs which would enable us to consider the Philippines as asurrogate country. See Preliminary Results at 73 FR 32295. As aresult, we selected India as the surrogate country. Id. Since thePreliminary Results, no additional information has been placed onthe record of this segment of the proceeding and no interestedparty has commented on the selection of India as the surrogatecountry. Therefore, we continue to determine that India is theappropriate surrogate country for the final results of these NSRs.
Separate Rates
The Department found in the preliminary results that Bon Ten andMu Si demonstrated a lack of de jure and de facto governmentcontrol with respect to their export activities, and preliminarilydetermined they were eligible for separate rates. See PreliminaryResults at 73 FR 32294-95. No information has been placed on therecord of this segment of the proceeding since the preliminaryresults to contradict our preliminary separate-rates determination.Therefore, for the final results, the Department continues todetermine that Bon Ten and Mu Si are eligible for separate rates.
Final Results of the New Shipper Reviews
The Department has determined that the following final dumpingmargins exist for the period January 1, 2007 through July 31, 2007:








Assessment
The Department will determine, and U.S. Customs and BorderProtection ("CBP") shall assess, antidumping duties on allappropriate entries. For customers/importers of the respondentsthat did not report entered value, we have calculatedcustomer/importer-specific antidumping duty assessment amountsbased on the ratio of the total amount of antidumping dutiescalculated for the examined sales of subject merchandise to thetotal quantity of subject merchandise sold in those transactions.For customers/importers of the respondents that reported enteredvalue, we have calculated customer-specific antidumping dutyassessment amounts based on customer/importer-specific ad valoremrates in accordance with 19 CFR 351.212(b)(1). The Departmentintends to issue assessment instructions to CBP 15 days after thedate of publication of these final results of NSRs.
Cash Deposit Requirements
The following cash deposit requirements will be effective uponpublication of these final results of NSRs for all shipments of thesubject merchandise entered, or withdrawn from warehouse, forconsumption on or after the publication date, as provided for bysection 751(a)(2)(C) of the Act: 1) for the exporter/producercombinations listed above, the cash deposit rate will be the ratesshown for those companies; 2) for previously investigated orreviewed PRC and non-PRC exporters not listed above that haveseparate rates, the cash deposit rate will continue to be theexporter-specific rate or combination rate published for the mostrecent period; 3) for all PRC exporters of subject merchandisewhich have not been found to be entitled to a separate rate, thecash deposit rate will be the PRC-wide rate of 216.01 percent; and4) for all non-PRC exporters of subject merchandise which have notreceived their own rate, the cash deposit rate will be the rateapplicable to the PRC exporters that supplied that non-PRCexporter. These deposit requirements shall remain in effect untilfurther notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers oftheir responsibility under 19 CFR 351.402(f)(2) to file acertificate regarding the reimbursement of antidumping duties priorto liquidation of the relevant entries during this review period.Failure to comply with this requirement could result in theSecretary's presumption that reimbursement of the antidumpingduties occurred and the subsequent assessment of double antidumpingduties.
This notice also serves as a reminder to parties subject toadministrative protective orders ("APOs") of their responsibilityconcerning the return or destruction of proprietary informationdisclosed under the APO in accordance with 19 CFR 351.305(a)(3),which continues to govern business proprietary information in thissegment of the proceeding. Timely written notification of thereturn/destruction of APO materials or conversion to judicialprotective order is hereby requested. Failure to comply with theregulations and terms of an APO is a violation which is subject tosanction.
Disclosure
We will disclose the calculations performed for these finalresults within five days of the date of publication of this noticeto interested parties in accordance with 19 CFR 351.224(b).
We are issuing and publishing these final results and notice inaccordance with sections 751(a)(2)(B), 751(a)(2)(C), and 777(i)(1)of the Act and 19 CFR 351.221(b)(5).
Dated: October 24, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix: Issues Covered in the Issues and Decision Memo
Issue 1: Whether the Department Should Correct a ComputationalError Made by Dongguan Mu Si Furniture Co., Ltd. in its calculationof Medium Density Fiberboard Consumption.
Issue 2: Whether the Department Should Correct Average UnitValues ("AUVs") for Certain Factors of Production ("FOP").
Issue 3: Whether the Department Should Correct Domestic MovementExpenses.
Issue 4: Whether the Department Should Convert Units of Measurefor Certain FOPs.
Issue 5: Whether the Department Should Continue to Use theFinancial Statements of 13 Indian Companies to Calculate SurrogateFinancial Ratios.
[FR Doc. E8-26036 Filed 10-30-08; 8:45 am]
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