Notice2022-19855
Wooden Bedroom Furniture From the People's Republic of China: Continuation of Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 14, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the respective determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on wooden bedroom furniture from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing this notice of continuation of the AD order.
Full Text
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<title>Federal Register, Volume 87 Issue 177 (Wednesday, September 14, 2022)</title>
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[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56397-56399]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19855]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the respective determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC) that revocation of the antidumping duty (AD) order on
wooden bedroom furniture from the People's Republic of China (China)
would likely lead to
[[Page 56398]]
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing this notice of
continuation of the AD order.
DATES: Applicable September 14, 2022.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2005, Commerce published in the Federal Register the
AD order on wooden bedroom furniture from China.\1\ On January 3, 2022,
Commerce initiated,\2\ and the ITC instituted,\3\ the third sunset
review of the Order, pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act).
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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 Initiation of Five-Year (Sunset) Reviews, 87 FR 76
(January 3, 2022).
\3\ See Wooden Bedroom Furniture from China; Institution of a
Five-Year Review, 87 FR 121 (January 3, 2022).
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As a result of its review, Commerce determined, pursuant to
sections 751(c)(1) and 752(c) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of dumping. Commerce,
therefore, notified the ITC of the magnitude of the margins of dumping
likely to prevail should the Order be revoked.\4\ On September 8, 2022,
the ITC published its determination that revocation of the Order would
likely lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time,
pursuant to sections 751(c) and 752(a) of the Act.\5\
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\4\ See Wooden Bedroom Furniture from the People's Republic of
China: Final Results of the Expedited Third Sunset Review of the
Antidumping Duty Order, 88 FR 27102 (May 6, 2022), and accompanying
Issues and Decision Memorandum.
\5\ See Wooden Bedroom Furniture from China, 87 FR 55036
(September 8, 2022).
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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.
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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\
[[Page 56399]]
(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
bed units; \21\ (16) certain shoe cabinets; \22\ and (17) certain bed
bases.\23\
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\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.
\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
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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.
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\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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Continuation of the Order
As a result of the respective determinations by Commerce and the
ITC that revocation of the Order would likely lead to continuation or
recurrence of dumping and material injury to an industry in the United
States within a reasonably foreseeable time, pursuant to section
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the
continuation of the Order. U.S. Customs and Border Protection will
continue to collect AD cash deposits at the rates in effect at the time
of entry for all imports of subject merchandise.
The effective date of the continuation of the Order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year (sunset)
review of this Order not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return, destruction, or
conversion to judicial protective order of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to
comply is a violation of the APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and notice are in accordance with
section 751(c) of the Act and the notice is published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: September 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19855 Filed 9-13-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 14, 2022.
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