Federal Register: January 9, 2009 (Volume 74, Number 6)
DOCID: fr09ja09-19 FR Doc E9-227
DEPARTMENT OF COMMERCE
International Trade Administration
DOCUMENT ID: [A-570-890]
NOTICE: NOTICES
DOCID: fr09ja09-19
ACTION: Antidumping:
SUBJECT CATEGORY:
Wooden Bedroom Furniture from the People's Republic of China: Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order in Part
EFFECTIVE DATES: January 9, 2009.
DOCUMENT SUMMARY:
On November 25, 2008, the Department of Commerce (the ``Department'') received a request on behalf of petitioners, the American Furniture Manufacturers Committee for Legal Trade and its individual members (the ``AFMC'' or ``petitioners''), for a changed circumstances review and a request to revoke in part the antidumping duty (``AD'') order on wooden bedroom furniture from the People's Republic of China (``PRC'') with respect to certain toy boxes. In its November 25, 2008, submission, AFMC stated that it no longer has any interest in antidumping relief from imports of certain toy boxes with respect to the subject merchandise defined in the ``Scope of the Review'' section below. Interested parties are invited to comment on these preliminary results.
SUMMARY:
Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order in Part: ; Wooden Bedroom Furniture from the People's Republic of China,
SUPPLEMENTAL INFORMATION
Background
On January 4, 2005, the Department published the 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). On November 25, 2008, AFMC requested revocation in part of the AD order pursuant to sections 751(b)(1) and 782(h) of the Tariff Act of 1930, as amended (``the Act''), with respect to certain toy boxes, as described below. 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, oriented strand board, particle board, and fiberboard, with or without wood veneers, wood overlays, or laminates, with or without nonwood 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 standalone 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 wardrobetype
cabinets; (4) dressers with framed glass mirrors that are attached to,
incorporated in, sit on, or hang over the dresser; (5) chestson
chests,\1\ highboys,\2\ lowboys,\3\ chests of drawers,\4\ chests,\5\
door chests,\6\ chiffoniers,\7\ hutches,\8\ and armoires;\9\ (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.
\1\ A chestonchest is typically a tall chestofdrawers 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.
\2\ 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).
\3\ A lowboy is typically a short chest of drawers, not more than four feet high, normally set on short legs.
\4\ A chest of drawers is typically a case containing drawers for storing clothing.
\5\ 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.
\6\ 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.
\7\ A chiffonier is typically a tall and narrow chest of drawers
normally used for storing undergarments and lingerie, often with mirror(s) attached.
\8\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides storage for clothes.
\9\ 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.
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, standup 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 nonbedroom 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;\10\ (9) jewelry armories;\11\ (10) cheval [[Page 887]]
mirrors;\12\ (11) certain metal parts;\13\ (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 dressermirror set; and (13) upholstered beds.\14\ Imports of
subject merchandise are classified under subheading 9403.50.9040 of the
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
also be entered under subheading 9403.50.9040 of the HTSUS as ``parts
of wood'' and framed glass mirrors may also be entered under subheading
7009.92.5000 of the HTSUS as ``glass mirrors . . . framed.'' This 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.
\10\ 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 Customs' Headquarters' Ruling Letter 043859, dated May 17, 1976.
\11\ Any armoire, cabinet or other accent item for the purpose
of storing jewelry, not to exceed 24`` in width, 18`` in depth, and
49`` in height, including a minimum of 5 lined drawers lined with
felt or feltlike material, at least one side door (whether or not
the door is lined with felt or feltlike material), with necklace
hangers, and a fliptop lid with inset mirror. See Issues and
Decision Memorandum from Laurel LaCivita to Laurie Parkhill, Office
Director, Concerning 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: Notice of
Final Results of Changed Circumstances Review and Revocation in Part, 71 FR 38621 (July 7, 2006).
\12\ Cheval mirrors are any framed, tiltable mirror with a
height in excess of 50'' 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
floorstanding, 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 lined 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 Results of Changed Circumstances Review and Determination To Revoke Order in Part, 72 FR 948 (January 9, 2007).
\13\ 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. Such parts are usually classified under the
Harmonized Tariff Schedule of the United States (``HTSUS'') subheading 9403.90.7000.
\14\ 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).
Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order in Part
At the request of AFMC, and in accordance with sections 751(d)(1) and 751(b)(1) of the Act and 19 CFR 351.216, the Department is initiating a changed circumstances review of wooden bedroom furniture from the PRC to determine whether partial revocation of the AD order is warranted with respect to certain toy boxes. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have no further interest in the order, in whole or in part. In addition, in the event the Department determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results.
In accordance with section 751(b) of the Act, and 19 CFR 351.222(g)(l)(i) and 351.221(c)(3)(ii), we are initiating this changed circumstances review and have determined that expedited action is warranted. In accordance with 19 CFR 351.216(b) and (c), we find that the petitioners' affirmative statement of no interest constitutes good cause for the conduct of this review. Additionally, our decision to expedite this review stems from the domestic industry's lack of interest in applying the AD order to the specific wooden bedroom furniture (i.e., certain toy boxes, discussed below) covered by this request.
Based on the expression of no interest by petitioners and absent any objection by any other domestic interested parties, we have preliminarily determined that substantially all of the domestic producers of the like product have no interest in the continued application of the AD order on wooden bedroom furniture to the merchandise that is subject to this request. Therefore, we are notifying the public of our intent to revoke, in part, the AD order as it relates to imports of the certain toy boxes from the People's Republic of China, as described below.
If the order is revoked with respect to this product, we will add
the following language to the list of excluded items included in the scope of the order:
``Excluded from the scope are toy boxes that meet each of the
following criteria. The toy box must: 1) be wider than it is tall; (2)
have dimensions within 16 27 inches in height, 15 18 inches in depth,
and 21 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 slowclosing safety hinges; (6) have air vents; (7) have no
locking mechanism; and (8) comply with American Society for Testing and
Materials (ASTM) standard F96303. Toy boxes are boxes generally
designed for the purpose of storing children's items such as toys, books, and playthings.''
Public Comment
Interested parties are invited to comment on these preliminary results. Written comments may be submitted no later than 14 days after the date of publication of these preliminary results in the Federal Register. Rebuttals to written comments, limited to issues raised in such comments, may be filed no later than 21 days after the date of publication. The Department will issue the final results of this changed circumstances review, which will include the results of its analysis raised in any such written comments, no later than 270 days after the date on which this review was initiated, or within 45 days if all parties that comment agree with our preliminary results. See 19 CFR 351.216(e).
If final revocation occurs, we will instruct U.S. Customs and Border Protection to end the suspension of liquidation for the merchandise covered by the revocation on the effective date of the notice of revocation (e.g. January 1, 2007, the first day on which such merchandise is not subject to the final results of administrative review) and to release any cash deposit or bond. See 19 CFR 351.222(g)(4). The current requirement for a cash deposit of estimated AD duties on all subject merchandise will remain in effect until further notice.
This initiation and preliminary results of review and notice are in
accordance with sections 751(b) of the Act and 19 CFR 351.216, 351.221, and 351.222.
Dated: December 30, 2008.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Antidumping and Countervailing Duty
Operations.
FOR FURTHER INFORMATION CONTACT
Paul Stolz or Robert Bolling, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone (202) 4824474 and (202) 4823434, respectively.