Notice2023-02734
Wooden Bedroom Furniture From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2021
Primary source
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Published
February 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) continues to determine that nine companies/company groupings subject to this administrative review of the antidumping duty (AD) order on wooden bedroom furniture (WBF) from the People's Republic of China (China) are part of the China-wide entity because they did not demonstrate eligibility for separate rates, and that seven companies/company groupings had no shipments of WBF during the period of review (POR), January 1, 2021, through December 31, 2021. Although invited to do so, interested parties did not comment on the preliminary results of this review. We have adopted the preliminary results of this review as the final results of the review.
Full Text
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<title>Federal Register, Volume 88 Issue 27 (Thursday, February 9, 2023)</title>
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[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Notices]
[Pages 8405-8407]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02734]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; and Final
Determination of No Shipments; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) continues to
determine that nine companies/company groupings subject to this
administrative review of the antidumping duty (AD) order on wooden
bedroom furniture (WBF) from the People's Republic of China (China) are
part of the China-wide entity because they did not demonstrate
eligibility for separate rates, and that seven companies/company
groupings had no shipments of WBF during the period of review (POR),
January 1, 2021, through December 31, 2021. Although invited to do so,
interested parties did not comment on the preliminary results of this
review. We have adopted the preliminary results of this review as the
final results of the review.
DATES: Applicable February 9, 2023.
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 October 11, 2022, Commerce published the preliminary results of
this review and invited interested parties to comment.\1\ No parties
commented on the Preliminary Results. Accordingly, the Preliminary
Results remain unchanged in the final results, and no decision
memorandum accompanies this notice.
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\1\ See Wooden Bedroom Furniture from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; Rescission, in Part; and Preliminary Determination of No
Shipments; 2021, 87 FR 61291 (October 11, 2022) (Preliminary
Results).
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Scope of the Order <SUP>2</SUP>
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\2\ 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).
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The product covered by the Order is WBF from China.\3\ For a
complete description of the scope of this Order, see the appendix to
this notice.
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\3\ Commerce revised certain Harmonized Tariff Schedule
subheadings listed in the scope of the Order based on a request, and
information obtained, from U.S. Customs and Border Protection (CBP).
See Memorandum, ``Update to the ACE AD/CVD Case Reference File,''
dated concurrently with this notice.
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Final Results of Review
We received no comments, and we have made no changes to the
Preliminary Results. We continue to find that nine companies/company
groupings subject to this review are part of the China-wide entity
because they did not demonstrate eligibility for separate rates, and
that seven companies/company groupings had no shipments of WBF during
the POR.
Final Determination of No Shipments
In the Preliminary Results, we determined, based on timely filed
company certifications and our analysis of information obtained from
CBP, that the following seven companies/company groupings did not
export or sell subject merchandise during the POR: (1) Eurosa (Kunshan)
Co., Ltd. and Eurosa Furniture Co., (PTE) Ltd.; (2) Jiangmen Kinwai
Furniture Decoration Co., Ltd.; (3) Jiangmen Kinwai International
Furniture Co., Ltd.; (4) Nanhai Jiantai Woodwork Co. Ltd. and Fortune
Glory Industrial, Ltd. (HK Ltd.); (5) Shenyang Shining Dongxing
Furniture Co., Ltd.; (6) Yeh Brothers World Trade Inc.; and (7)
Zhangzhou Guohui Industrial & Trade Co., Ltd.\4\ We received no
comments from interested parties with respect to this determination.
Therefore, because the record indicates that these seven companies/
company groupings did not export subject merchandise during the POR, we
continue to find that they had no reviewable transactions during the
POR.
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\4\ See Preliminary Results, 87 FR at 61292.
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China-Wide Entity
Commerce considers the following nine companies/company groupings
for which a review was requested to be part of the China-wide entity
because they did not demonstrate their eligibility for a separate rate:
(1) Dongguan Sunrise Furniture Co., Taicang Sunrise Wood Industry, Co.,
Ltd., Shanghai Sunrise Furniture Co., Ltd., Fairmont Designs; (2)
Dongguan Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry
Co., Ltd., Taicang Fairmont Designs Furniture Co., Ltd., Meizhou
Sunrise Furniture Co., Ltd.; (3) Hang Hai Woodcraft's Art Factory; (4)
Shenzhen Forest Furniture Co., Ltd.; (5) Sunforce Furniture (Hui-Yang)
Co., Ltd., Sun Fung Wooden Factory, Sun Fung Co., Shin Feng Furniture
Co., Ltd., Stupendous International Co., Ltd.; (6) Superwood Co. Ltd.,
Lianjiang Zongyu Art Products Co., Ltd.; (7) Xiamen Yongquan Sci-Tech
Development Co., Ltd.; (8) Yihua Timber Industry Co., Ltd. (a.k.a.
Guangdong Yihua Timber Industry Co., Ltd.); and (9) Yihua Lifestyle
Technology Co., Ltd. Accordingly, for these final results, we determine
that these nine companies/company groupings, none of which submitted a
separate rate application or separate rate certification, are part of
the China-wide entity.
In this review, no party requested a review of the China-wide
entity, and Commerce did not self-initiate a review of the China-wide
entity. Because we are not reviewing the China-wide entity in this
review, the dumping margin previously established for the China-wide
entity, which is 216.01 percent, is
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not subject to change as a result of this review.\5\
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\5\ See Wooden Bedroom Furniture from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2020, 87 FR 21093 (April 11, 2022); see also Amended Final Results
of Antidumping Duty Administrative Review and New Shipper Reviews:
Wooden Bedroom Furniture from the People's Republic of China, 72 FR
46957 (August 22, 2007).
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Assessment Rates
Commerce will determine, and CBP shall assess, ADs on all
appropriate entries covered by this review in accordance with section
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.212(b)(1). We will instruct CBP to liquidate entries of subject
merchandise exported by the companies/company groupings that failed to
qualify for a separate rate, and any suspended entries of subject
merchandise during the POR under the case numbers of companies that
claimed no shipments, at the China-wide entity rate. Commerce intends
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of the final results of this review in the
Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on, or after, the publication date of this notice, as
provided by section 751(a)(2)(C) of the Act: (1) for any previously
investigated or reviewed China or non-China exporter that has a
separate rate and for which a review was not requested, the cash
deposit rate will continue to be the exporter's existing cash deposit
rate; (2) for all China exporters of subject merchandise that do not
have a separate rate, including those exporters that failed to
establish their eligibility for a separate rate in this review, the
cash deposit rate will be equal to the dumping margin assigned to the
China-wide entity, which is 216.01 percent; and (3) for all non-China
exporters of subject merchandise that do not have a separate rate, the
cash deposit rate will be equal to the dumping margin applicable to the
China exporter(s) that supplied the non-China exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice 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 ADs prior to liquidation of the relevant
entries during this POR. Failure to comply with this requirement could
result in Commerce's presumption that reimbursement of ADs occurred and
the subsequent assessment of double ADs.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or 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 subject
to sanction.
Notification to Interested Parties
We are issuing and publishing the final results of this review in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(5).
Dated: February 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
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.
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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
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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 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.
\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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Imports of subject merchandise are classified under subheadings
9403.50.9041, 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 9403.91.0005 or 9403.91.0080 of the HTSUS. Subject
merchandise may also be entered under subheading 9403.91.0010.
Further, framed glass mirrors may be entered under subheading
7009.92.1090 or 7009.92.5095 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 Order is dispositive.
[FR Doc. 2023-02734 Filed 2-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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