[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62834-62837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-37]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Second 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 22, 2007, the Department of Commerce
(``Department'') published in the Federal Register the amended final
results of the first administrative review and concurrent new shipper
reviews of the antidumping duty order on wooden bedroom furniture from
the People's Republic of China (``PRC''). See Amended Final Results of
the Antidumping Duty Administrative Review and New Shipper Reviews:
Wooden Bedroom Furniture from the People's Republic of China, 72 FR
46957 (August 22, 2007) (``Final Results'') \1\ and accompanying Issues
and Decision Memorandum (August 8, 2007) (``Issues and Decision
Memo''). The period of review (``POR'') covered June 24, 2004, through
December 31, 2005. We are amending our Final 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, ``Dare Group''), Shanghai Aosen Furniture Co., Ltd.
(``Shanghai Aosen''), and Kunwa Enterprise Company (``Kunwa''),
pursuant to section 751(h) of the Tariff Act of 1930, as amended
(``Act'').
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\1\ As a result of an inadvertent error by the Department in the
final results, an incorrect appendix was attached to the notice
released on August 8, 2007. The amended final results correct this
error and were published in place if the original version released
on August, 2007. The original notice was never published in the
Federal Register.
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EFFECTIVE DATE: November 7, 2007.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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-
6412.
SUPPLEMENTARY INFORMATION:
Background
On August 21, 2007, Petitioners,\2\ Dare Group, Shanghai Aosen, and
Kunwa filed timely ministerial error allegations with respect to the
[[Page 62835]]
Department's antidumping duty margin calculation in the Final Results.
On August 27, 2007, Petitioners and Dare Group filed timely rebuttal
comments.
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\2\ American Furniture Manufacturers Committee for Legal Trade
and Vaughan-Bassett Furniture Company.
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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,\3\ highboys,\4\ lowboys,\5\ chests of drawers,\6\ chests,\7\
door chests,\8\ chiffoniers,\9\ hutches,\10\ and armoires; \11\ (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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\3\ 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.
\4\ 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).
\5\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\6\ A chest of drawers is typically a case containing drawers
for storing clothing.
\7\ 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.
\8\ 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.
\9\ A chiffonier is typically a tall and narrow chest of drawers
normally used for storing undergarments and lingerie, often with
mirror(s) attached.
\10\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\11\ 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; \12\ (9) jewelry armoires; \13\ (10) cheval mirrors;
\14\ (11) certain metal parts; \15\ (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.\16\
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\12\ 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.
\13\ 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).
\14\ 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 atleast
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).
\15\ 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.
\16\ 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).
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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.
[[Page 62836]]
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 Shanghai
Aosen in the Final Results. Correction of these errors results in a
change to Dare Group's and Shanghai Aosen's final antidumping duty
margins. Additionally, the rate change for Dare Group and Shanghai
Aosen also affects the cash deposit rates for the companies subject to
the administrative review that receive a separate rate. The rate for
the PRC-wide entity remains unchanged. Further, we determined that a
certain ministerial error existed with respect to our determination not
to grant Kunwa a separate rate and, for these amended final results, we
have determined that Kunwa has demonstrated its eligibility for a
separate rate. For a detailed discussion of these ministerial errors,
as well as the Department's analysis, see The Memorandum: Wooden
Bedroom Furniture from the People's Republic of China: Analysis of
Ministerial Error Allegations, dated November 5, 2007 (``Ministerial
Error Allegation Memorandum''). The Ministerial Error Allegation
Memorandum is on file in the Central Records Unit, room B-099 in the
main Department building.
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 November 5, 2007 and ``Analysis Memorandum for
the Amended Final Results for Shanghai Aosen,'' dated November 5, 2007.
The revised final weighted-average dumping margins are as follows:
Wooden Bedroom Furniture From the PRC
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Weighted-
Exporter average margin
(percent)
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Fujian Lianfu Forestry Co. Ltd. /Fujian Wonder Pacific 49.60
Inc. (Dare Group)......................................
Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group)........ 49.60
Jiangsu Dare Furniture Co., Ltd. (Dare Group)........... 49.60
Fine Furniture (Shanghai) Limited....................... 1.97
Foshan Guanqiu Furniture Co., Ltd....................... 11.72
Shanghai Aosen Furniture Co., Ltd....................... .40
Starcorp Funiture Co., Ltd, Starcorp Furniture 216.01
(Shanghai) Co., Ltd., Orin Furniture (Shanghai) Co.,
Ltd., Shanghai Star Furniture Co., Ltd., and Shanghai
Xing Ding Furniture Industrial Co., Ltd................
Ace Furniture & Crafts Ltd. (a.k.a. Deqing Ace Furniture 35.78
and Crafts Limited)....................................
Baigou Crafts Factory of Fengkai........................ 35.78
Best King International Ltd............................. 35.78
Dalian Pretty Home Furniture............................ 35.78
Decca Furniture Limited................................. 35.78
Der Cheng Wooden Works of Factory....................... 35.78
Dongguan Dihao Furniture Co., Ltd....................... 35.78
Dongguan Hua Ban Furniture Co., Ltd..................... 35.78
Dongguan Mingsheng Furniture Co., Ltd................... 35.78
Dongguan New Technology Import & Export Co., Ltd........ 35.78
Dongguan Sunpower Enterprise Co., Ltd................... 35.78
Dongguan Yihaiwei Furniture Limited..................... 35.78
Kalanter (Hong Kong) Furniture Company Limited.......... 35.78
Furnmart Ltd............................................ 35.78
Guangdong New Four Seas Furniture Manufacturing Ltd..... 35.78
Guangzhou Lucky Furniture Co. Ltd....................... 35.78
Hong Yu Furniture (Shenzhen) Co. Ltd.................... 35.78
Hung Fai Wood Products Factory, Ltd..................... 35.78
Hwang Ho International Holdings Limited................. 35.78
King Kei Furniture Factory.............................. 35.78
King Wood Furniture Co., Ltd............................ 35.78
Kunwa Enterprise Company................................ 35.78
Nantong Yangzi Furniture Co., Ltd....................... 35.78
Po Ying Industrial Co................................... 35.78
Profit Force Ltd........................................ 35.78
Qingdao Beiyuan-Shengli Furniture Co., Ltd.............. 35.78
Qingdao Shenchang Wooden Co., Ltd....................... 35.78
Red Apple Trading Co. Ltd............................... 35.78
Shenyang Kunyu Wood Industry Co., Ltd................... 35.78
Shenzhen Dafuhao Industrial Development Co., Ltd........ 35.78
Shenzhen Shen Long Hang Industry Co., Ltd............... 35.78
Sino Concord International Corporation.................. 35.78
Tianjin First Wood Co., Ltd............................. 216.01
T.J. Maxx International Co., Ltd........................ 35.78
Top Art Furniture Factory/Sanxiang Top Art Funiture/Ngai 35.78
Kun Trading............................................
Top Goal Development Co................................. 35.78
Transworld (Zhangzhou) Furniture Co. Ltd................ 35.78
[[Page 62837]]
Wan Bao Chen Group Hong Kong Co. Ltd.................... 35.78
Winmost Enterprises Limited............................. 35.78
Xilinmen Group Co. Ltd.................................. 35.78
Yongxin Industrial (Holdings) Limited................... 35.78
Zhongshan Gainwell Furniture Co. Ltd.................... 35.78
PRC-Wide Rate........................................... 216.01
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Assessment Rates
The Department has determined, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. For customers/importers of respondents that did
not report entered value, we calculated customer/importer-specific
antidumping duty assessment amounts based on the ratio of the total
amount of antidumping duties calculated for the examined sales of
subject merchandise to the total quantity of subject merchandise sold
in those transactions. For customers/importers of respondents that
reported entered value, we calculated customer-specific antidumping
duty assessment amounts based on customer/importer-specific ad valorem
rates in accordance with 19 CFR 351.212(b)(1). For the companies
receiving a separate rate that were not selected for individual review
(i.e., separate rate companies) we will calculate an assessment rate
based on the weighted average of the cash deposit rates calculated for
the companies selected for individual review excluding any that are
zero, de minimis, or based entirely on AFA pursuant to section
735(c)(5)(B) of the Act. The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after the date of
publication of the second amended final results of these new shipper
and administrative reviews.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these second amended final results of this
administrative review and new shippers 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 second amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: November 5, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-21955 Filed 11-6-07; 8:45 am]
BILLING CODE 3510-DS-P