[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Notices]
[Page 4916-4920]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja09-8]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Amended Final Results of Antidumping Duty Administrative Review:
Wooden Bedroom Furniture From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 20, 2008, the Department of Commerce
(``Department'') published in the Federal Register the final results of
the second administrative review and concurrent new shipper review of
the antidumping duty order on wooden bedroom furniture from the
People's Republic of China (``PRC''). See Wooden Bedroom Furniture from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review and New Shipper Review, 73 FR 49162 (August 20,
2008) (``Final Results'') and accompanying Issues and Decision
Memorandum (August 8, 2007) (``Issues and Decision Memo''). The period
of review (``POR'') covered January 1, 2006, through December 31, 2006.
We are amending our Final
[[Page 4917]]
Results to correct ministerial errors made in the calculation of the
antidumping duty margin for Fujian Lianfu Forestry Co./Fujian Wonder
Pacific Inc./Fuzhou Huan Mei Furniture Co., Ltd./Jiangsu Dare Furniture
Co., Ltd. (collectively, ``the Dare Group'') and Teamway Furniture
(Dong Guan) Co., Ltd., and Brittomart Inc. (collectively ``Teamway''),
pursuant to section 751(h) of the Tariff Act of 1930, as amended
(``Act'') \1\. These corrections will also affect the dumping margins
for the other companies in the review to which a separate rate applies.
See the Ministerial Error Memorandum for the Final Results of the 2006
Administrative and New Shipper Reviews of Wooden Bedroom Furniture from
the People's Republic China, dated January 23, 2009.
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\1\ Dumping margins calculated with respect to the new shipper
review concurrent with this administrative review are unaffected by
these amended final results.
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DATES: Effective Date: January 28, 2009.
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:
Background
On August 28, 2008,\2\ Petitioners,\3\ Teamway,\4\ and American
Signature Inc. (``ASI''), interested parties, filed timely ministerial
error allegations with respect to the Department's antidumping duty
margin calculation in the Final Results. On September 3, 2008,
Petitioners and Dare Group filed timely rebuttal comments.
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\2\ This is the date on which the bracketing final versions of
these submissions were received by the Department.
\3\ American Furniture Manufacturers Committee for Legal Trade
and Vaughan-Bassett Furniture Company.
\4\ The ministerial error allegations filed by Teamway with the
Department did not contain a narrative, it only contained
attachments. However, the copies Teamway served to parties were
complete. On September 5, 2008, Teamway filed the narrative of its
ministerial error allegations with the Department.
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Scope of 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 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,\5\ highboys,\6\ lowboys,\7\ chests of drawers,\8\ chests,\9\
door chests,\10\ chiffoniers,\11\ hutches,\12\ and armoires;\13\ (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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\5\ 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.
\6\ 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).
\7\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\8\ A chest of drawers is typically a case containing drawers
for storing clothing.
\9\ 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.
\10\ 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.
\11\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\12\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\13\ 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 audio-visual entertainment
systems.
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The scope of the order excludes the following items: (1) Seats,
chairs, benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or
rattan; (7) side rails for beds made of metal if sold separately from
the headboard and footboard; (8) bedroom furniture in which bentwood
parts predominate;\14\
[[Page 4918]]
(9) jewelry armoires;\15\ (10) cheval mirrors;\16\ (11) certain metal
parts;\17\ (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; and (13)
upholstered beds.\18\
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\14\ 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.
\15\ 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 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. 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).
\16\ Cheval mirrors are, i.e., any framed, tiltable mirror with
a height in excess of 50'' that is mounted on a floor-standing,
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 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).
\17\ 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.
\18\ 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, 007).
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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.
Ministerial Errors
A ministerial error is defined in section 751(h) of the Act and
further clarified in 19 CFR 351.224(f) as ``an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.''
After analyzing all interested parties' comments, we have
determined, in accordance with 19 CFR 351.224(e), that ministerial
errors existed in certain calculations for Dare Group and Teamway in
the Final Results. Correction of these errors results in a change to
Dare Group's and Teamway's final antidumping duty margins.
Additionally, the rate change for Dare Group and Teamway also affects
the dumping margins for the other companies subject to the
administrative review that receive a separate rate. The dumping margin
for the PRC-wide entity remains unchanged. For a detailed discussion of
these ministerial errors, as well as the Department's analysis, see the
Memorandum titled: Ministerial Error Memorandum for the Final Results
of Reviews of Wooden Bedroom Furniture from the People's Republic of
China, dated January 23, 2009, (``Ministerial Error Allegation
Memorandum''). The Ministerial Error Allegation Memorandum is on file
in the Central Records Unit, room 1117 in the main Department building.
The index for this memorandum is attached as Appendix 1.
Therefore, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), we are amending the Final Results of the administrative
review of wooden bedroom furniture from the PRC. The revised weighted-
average dumping margins are detailed below. For company-specific
calculations, see ``Analysis Memorandum for the Amended Final Results
for Dare Group,'' dated January 23, 2009, and ``Analysis Memorandum for
the Amended Final Results for Teamway'' dated January 23, 2009. Listed
below are the weighted average dumping margins resulting from this
administrative review and new shipper review including the revised
margins resulting from these amended final results:
Wooden Bedroom Furniture From the PRC
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Weighted-
average
Exporter margin
(percent)
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Fujian Lianfu Forestry Co., Ltd., aka Fujian Wonder Pacific 39.44
Inc. (Dare Group).........................................
Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group)........... 39.44
Jiangsu Dare Furniture Co., Ltd. (Dare Group).............. 39.44
Teamway Furniture (Dong Guan) Co. Ltd., Brittomart Inc..... 25.06
BNBM Co., Ltd. (aka Beijing New Material Co., Ltd.)........ 33.38
Classic Furniture Global Co., Ltd.......................... 33.38
Dalian Guangming Furniture Co., Ltd........................ 33.38
Decca Furniture Ltd., aka Decca............................ 33.38
Dong Guan Golden Fortune Houseware Co., Ltd................ 33.38
Dongguan Mingsheng Furniture Co., Ltd...................... 33.38
Dongguan Yihaiwei Furniture Limited........................ 33.38
Fortune Furniture Ltd. and its affiliate, Dongguan Fortune 33.38
Furniture Ltd.............................................
Gaomi Yatai Wooden Ware Co., Ltd., Team Prospect 33.38
International Ltd., Money Gain International Co...........
Guangming Group Wumahe Furniture Co., Ltd.................. 33.38
Inni Furniture............................................. 33.38
Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd.\19\.... 216.01
Meikangchi (Nantong) Furniture Company Ltd................. 33.38
Nanjing Nanmu Furniture Co., Ltd........................... 33.38
Po Ying Industrial Co...................................... 33.38
Qingdao Beiyuan-Shengli Furniture Co., Ltd., Qingdao 33.38
Beiyuan Industry Trading Co. Ltd..........................
Shenzhen Tiancheng Furniture Co., Ltd., Winbuild Industrial 33.38
Ltd., Red Apple Furniture Co., Ltd. and Red Apple Trading
Co., Ltd..................................................
Shenyang Kunyu Wood Industry Co., Ltd...................... 33.38
Shenzhen Xingli Furniture Co., Ltd......................... 33.38
Tianjin First Wood Co., Ltd................................ 33.38
Union Friend International Trade Co., Ltd.................. 33.38
Winmost Enterprises Limited................................ 33.38
[[Page 4919]]
Winny Overseas, Ltd........................................ 33.38
Yangchen Hengli Co., Ltd................................... 33.38
Yichun Guangming Furniture Co., Ltd........................ 33.38
Zhong Cheng Furniture Co., Ltd............................. 33.38
PRC-Wide Rate \20\......................................... 216.01
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\19\ Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. is subject to
the new shipper review, not the administrative review. Therefore, it
dumping margin is unaffected by these amended final results of the
administrative review.
\20\ The PRC-Wide Rate is unaffected by these amended final results of
the administrative review.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Disclosure
We will disclose the calculations performed for these final results
within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries based on the amended final results. For details on
the assessment of antidumping duties on all appropriate entries, see
Final Results.
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the date of publication of the amended
final results of the administrative review.
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively on any entries made on or after August 8, 2008, the date
of publication of the Final Results, for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date, as provided for by section 751(a)(2)(C) of
the Act: (1) For the exporters listed above, the cash deposit rate will
be the rates shown for those companies (except if the rate is de
minimis, i.e., less than 0.5 percent, a zero cash deposit will be
required for that company); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
216.01 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporters that supplied
that non-PRC exporter. These deposit requirements shall remain in
effect until further notice.
These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: January 23, 2009.
Ronald Lorentzen,
Acting Assistant Secretary for Import Administration.
APPENDIX 1
General Issues
Issue 1: Whether the Department Mis-calculated/Mis-applied the
Surrogate Values (``SV'') for 29 Factors of Production (``FOP'')
Teamway-Specific Issues
Issue 2: Whether the Department Incorrectly Calculated Market
Economy Purchase (``MEP'') Prices for Certain Inputs.
Issue 3: Whether the Department Applied an Incorrect Truck Freight
to Certain Inputs.
Issue 4: Whether the Department Omitted Mirrors from Teamway's
Normal Value Calculations.
Issue 5: Whether the Department Properly Corrected the Electricity
and Water Usage Rates for the Verification Minor Correction.
Issue 6: Whether the Department Incorrectly Applied Adverse Facts
Available (``AFA'') to Veneers.
Issue 7: Whether the Department Incorrectly Assigned FOPs to Control
Numbers (``CONNUMS'') (``pre-POR CONNUMS'') Sold but not Produced
during the Period of Review (``POR'').
Issue 8: Whether the Department Incorrectly Included Certain
Transactions in its Margin Calculation for the Final Results.
Dare Group-Specific Issues
Issue 9: Whether the Department Correctly Applied the Cubic-Meters-
to-Pieces Conversion Factor for Semi-finished Furniture.
Issue 10: Whether the Department Should Apply the Average Piece-
Types Conversion Factor for CONNUMs with No Specific Conversion
Factor Reported to Convert Semi-finished Furniture from its Reported
Quantity in Cubic Meters (``M3'') to Pieces.
Issue 11: Whether the Department Failed to Weight-Average the Market
Economy Purchase Prices and Average Unit Values (``AUV'').
Issue 12: Whether the Department Failed to Exclude Non-Subject Piece
Types From its Margin Calculations.
Issue 13: Whether the Department Included Certain FOPs in the Normal
Value Calculation.
Issue 14: Whether the Department Failed to Use the Correct
Conversion Factor for VENEERPLY.
Issue 15: Whether the Department Incorrectly Converted the Currency
of BIRCHWOOD--SV.
Issue 16: Whether the Department Used the Correct Conversion Factors
for Certain FOP Freight Costs.
Issue 17: Whether the Department Implemented its Intended AFA with
Respect to a Type of Plywood.
[[Page 4920]]
Issue 18: Whether the Department Failed to Incorporate Minor
Corrections Accepted at Verification.
Issue 19: Whether the Department Mistakenly Used an MEP from a
Subsidy Country to Value an FOP.
Issue 20: Whether the Department Used the Correct Kilogram (``kg'')/
Square Meter (``M2'') Converter for Lauan Veneer (``LAUANVENEER'').
Issue 21: Whether the Department Used an Incorrect SV for Truck
Freight in the Cost Calculation String for LEATHEROID.
Issue 22: Whether the Department Incorrectly Included Packing Labor
in the Calculation of the Cost of Manufacture (``COM'') with Respect
to CONNUMS Reported in the ``Sold Not Produced'' (``SNP'') FOP
Database.
Issue 23: Whether the Department Made an Error in the Calculation of
the Surrogate Financial Ratios.
Issue 24: Whether the Department Failed to Deflate SVs Based on 2007
Import Data.
Issue 25: Whether the Department Applied the Correct kg/Cubic Meter
(``M3'') Converter for Fiberboard.
Issue 26: Whether the Department Used an Incorrect SV for Philippine
Harmonized Schedule (``HS'') Number 4407.99.00 in the SNP SV
Spreadsheet to Value Several Types of Wood and Wood Parts.
[FR Doc. E9-1861 Filed 1-27-09; 8:45 am]
BILLING CODE 3510-DS-P