Notice2022-25369
Wooden Bedroom Furniture From the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances Review
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
November 22, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to a request from Golden Well International (HK), Ltd. (Golden Well) and Zhangzhou XMB Home Technology Co., Ltd. (Zhangzhou XMB), the U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on wooden bedroom furniture (WBF) from the People's Republic of China (China) to determine whether Zhangzhou XMB is the successor- in-interest to Zhangzhou XYM Furniture Product Co., Ltd. (Zhangzhou XYM).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 224 (Tuesday, November 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71300-71302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25369]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Initiation of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from Golden Well International (HK),
Ltd. (Golden Well) and Zhangzhou XMB Home Technology Co., Ltd.
(Zhangzhou XMB), the U.S. Department of Commerce (Commerce) is
initiating a changed circumstances review (CCR) of the antidumping duty
(AD) order on wooden bedroom furniture (WBF) from the People's Republic
of China (China) to determine whether Zhangzhou XMB is the successor-
in-interest to Zhangzhou XYM Furniture Product Co., Ltd. (Zhangzhou
XYM).
DATES: Applicable November 22, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2005, Commerce published in the Federal Register an
amended final less-than-fair-value determination and AD order on WBF
from China.\1\ On August 17, 2009, Commerce published in the Federal
Register the final results of an administrative review and new shipper
reviews of the AD order on WBF from China, in which it determined that
the exporter/producer combination of Golden Well and Zhangzhou XYM
established its eligibility for a separate combination rate.\2\
---------------------------------------------------------------------------
\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 Wooden Bedroom Furniture from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
New Shipper Reviews, 74 FR 41374, 41380 (August 17, 2009).
---------------------------------------------------------------------------
On October 5, 2022, Golden Well and Zhangzhou XMB notified Commerce
that Zhangzhou XYM changed its name to Zhangzhou XMB and requested that
Commerce conduct a CCR to determine that Zhangzhou XMB is the
successor-in-interest to Zhangzhou XYM.\3\ We received no comments from
interested parties regarding the CCR Request.
---------------------------------------------------------------------------
\3\ See Golden Well and Zhangzhou XMB's Letter, ``Wooden Bedroom
Furniture from the People's Republic of China; Request for Changed
Circumstances Review (A-570-890),'' dated October 5, 2022 (CCR
Request).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is WBF. For a complete
description of the scope of the Order, see the appendix to this notice.
Initiation of CCR
Pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR
upon receipt of a request from an interested party for a review of an
AD order which shows changed circumstances sufficient to warrant a
review of the order. Commerce conducts CCRs to address, among other
things, the applicability of cash deposit rates after there have been
changes in the name or structure of a respondent, such as a merger or
spinoff (i.e., a successor-in-interest determination).\4\ Golden Well
and Zhangzhou XMB provided information regarding the name change
sufficient to warrant the initiation of a CCR.\5\ Therefore, in
accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
we are initiating a CCR to determine whether Zhangzhou XMB is the
successor-in-interest to Zhangzhou XYM.
---------------------------------------------------------------------------
\4\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606
(November 7, 2017), unchanged in Diamond Sawblades and Parts Thereof
from the People's Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017).
\5\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
In successor-in-interest CCRs, Commerce examines, among other
things, whether there have been changes in a company's: (1) management;
(2) facilities; (3) suppliers; or (4) customers since a name change to
determine whether the company under the new name is essentially the
same as it was under the prior name. While no single factor or
combination of factors necessarily provides a dispositive indication of
a successor-in-interest relationship, generally Commerce considers the
new company to be the successor to the previous company if the new
company's resulting operation is not materially dissimilar to that of
its predecessor. Thus, if the record evidence demonstrates that, with
respect to the production and sale of the subject merchandise, the new
company operates as the same business entity as the predecessor
company, Commerce may assign the new company the cash deposit rate of
its predecessor.
Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce may combine the
notices of initiation and preliminary results of a CCR into a single
notice if it concludes that expedited action is warranted. We have
determined that it is appropriate to further consider, and potentially
seek additional information regarding, certain of the factors noted
above that Commerce examines in successor-in-interest CCRs. Therefore,
we have determined that expedited action is not warranted and we have
not combined the notice of preliminary results of the CCR with this
notice. Commerce intends to publish notice of the preliminary results
of this CCR in the Federal Register in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i). Pursuant to 19 CFR 351.221(b)(4)(ii),
interested
[[Page 71301]]
parties will have an opportunity to comment on the preliminary results.
Unless extended, Commerce intends to issue the final results of
this CCR within 270 days after the date of initiation, in accordance
with 19 CFR 351.216(e).
Notification to Interested Parties
This notice is published in accordance with section 751(b)(1) of
the Act, and 19 CFR 351.216(b) and 19 CFR 351.221(b)(1).
Dated: November 16, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix--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.
---------------------------------------------------------------------------
\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.
\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.
---------------------------------------------------------------------------
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\ (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
[[Page 71302]]
bed units; \21\ (16) certain shoe cabinets; \22\ and (17) certain
bed bases.\23\
---------------------------------------------------------------------------
\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.
\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.
---------------------------------------------------------------------------
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.
[FR Doc. 2022-25369 Filed 11-21-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.