[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10768-10771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04226]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and New
Shipper Reviews; 2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the eighth administrative review (``AR'') and a new shipper review
(``NSR'') of the antidumping duty order on wooden bedroom furniture
(``WBF'') from the People's Republic of China (``PRC''). The AR covers
60 exporters of subject merchandise, of which the Department selected
three companies for individual examination. The NSR covers one exporter
and producer of subject merchandise. The period of review (``POR'') for
the AR and NSR is January 1, 2012, through December 31, 2012. The
Department preliminarily determines that one of the mandatory
respondents in the AR and the respondent in the NSR have made sales of
subject merchandise at less than normal value. Additionally, the
Department preliminarily determines that it will treat the other two
mandatory respondents in the AR as part of the PRC-wide entity.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: February 26, 2014.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, Lori Apodaca, or
Jeffrey Pedersen, AD/CVD Operations, Office IV, Enforcement and
Compliance, International Trade Administration, Department of Commerce,
1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202)
482-0989,
[[Page 10769]]
(202) 482-4551, and (202) 482-2769, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the order is wooden bedroom furniture,
subject to certain exceptions.\1\ Imports of subject merchandise are
classified under the Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings: 9403.50.9042, 9403.50.9045, 9403.50.9080,
9403.50.9042, 9403.50.9045, 9403.60.8081, 7009.92.1000 or 7009.92.5000.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written product description in the Order remains
dispositive.\2\
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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\ For a complete description of the Scope of the Order, please
see ``Decision Memorandum for Preliminary Results of Antidumping
Duty Administrative and New Shipper Review: Wooden Bedroom Furniture
from the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance (``Preliminary Decision Memorandum''), dated concurrently
with this notice.
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Methodology
The Department is conducting these reviews in accordance with
sections 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the
Act'') and 19 CFR 351.214. The Department calculated export prices in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy (``NME'') within the meaning of section 771(18) of the Act, the
Department calculated normal value in accordance with section 773(c) of
the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted with this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``IA ACCESS''). IA ACCESS is available to registered
users at http://iaaccess.trade.gov and in the Central Records Unit,
room 7046 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
PRC-Wide Entity
In the Initiation Notice for the AR, we stated that ``for exporters
and producers who submit a separate rate application or separate rate
certification and subsequently are selected as mandatory respondents,
these exporters and producers will no longer be eligible for separate-
rate status unless they respond to all parts of the questionnaire as
mandatory respondents.'' \3\ The Department selected Marvin Furniture
(Shanghai) Co., Ltd. (``Marvin Furniture''), Foliot/Meubles Furniture
Inc., Foliot Pacific, and Foliot Corporation (collectively, ``the
Foliot Group''), and Hualing Furniture (China) Co., Ltd., Tony House
Manufacture (China) Co., Ltd., Buysell Investments Ltd., and Tony House
Industries Co., Ltd. (collectively, ``Tony House Group'') as mandatory
respondents.\4\ Marvin Furniture failed to answer all sections of the
Department's antidumping questionnaire, failed to respond to a
supplemental Section A questionnaire, and subsequently withdrew from
participating in the AR.\5\ The Foliot Group failed to answer two
supplemental questionnaires pertaining to its Sections A, C, D, and E
responses and also subsequently withdrew from participating in the
AR.\6\ As such, for the reasons explained in the Preliminary Decision
Memorandum, neither Marvin nor the Foliot Group established its
eligibility for a separate rate, and, thus, we are treating both
companies as part of the PRC-wide entity. The PRC-wide entity rate is
216.01 percent.
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\3\ See Initiation Notice at 78 FR 13626, 13628.
\4\ See Preliminary Decision Memorandum.
\5\ See Letter from Marvin Furniture to Penny Pritzker,
Secretary of Commerce, Re: ``Withdrawal as Mandatory Respondent from
the Eighth Administrative Review of Wooden Bedroom Furniture from
the People's Republic of China,'' dated July 18, 2013.
\6\ See Letter from the Foliot Group to Penny Pritzker,
Secretary of Commerce, regarding ``Withdrawal as a Mandatory
Respondent--Foliot Furniture Inc. Wooden Bedroom Furniture from
China,'' dated September 12, 2013.
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In addition, 44 companies that remain under review failed to
provide separate rate applications or certifications necessary to
establish their eligibility for a separate rate. For a complete list of
these companies, see the Preliminary Decision Memorandum. The
Department preliminarily determined to treat these 44 companies as part
of the PRC-wide entity.
Preliminary Results of Review
Regarding the AR, we preliminarily determine that the following
weighted-average dumping margins exist for the period January 1, 2012,
through December 31, 2012.
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Weighted-
average
Exporter dumping margin
(percent)
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Hualing Furniture (China) Co., Ltd., Tony House 3.81
Manufacture (China) Co., Ltd., Buysell Investments
Ltd., Tony House Industries Co., Ltd...................
PRC-wide entity......................................... \7\ 216.01
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\7\ The PRC-Wide Entity includes Marvin Furniture (Shanghai)
Co., Ltd., Foliot Furniture Pacific Inc., Foliot Furniture
Corporation, and Foliot Furniture Inc./Meubles Foliot Inc.; and the
44 entities for which the Department initiated a review but which
did not establish their separate rate eligibility. See the
Preliminary Decision Memorandum for the names of the 44 companies.
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Regarding the NSR, we preliminarily determine that the following
weighted-average dumping margin exists for the period January 1, 2012
through December 31, 2012:
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Weighted-
average dumping
Exporter Producer margin
(percent)
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Dongguan Chengcheng Group Co., Dongguan Chengcheng 10.71
Ltd. Group Co., Ltd.
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[[Page 10770]]
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\8\
Rebuttals to case briefs may be filed no later than five days after the
written comments are filed and all rebuttal comments must be limited to
comments raised in the case briefs.\9\
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\10\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\11\
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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The Department will issue the final results of this AR and NSR,
which will include the results of its analysis of issues raised in any
briefs received, within 120 days of publication of these preliminary
results, pursuant to section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of these preliminary results.\12\ In accordance with 19 CFR
351.301(c)(1) (2012), if an interested party submits factual
information less than ten days before or on the applicable deadline for
submission of such factual information, an interested party may submit
factual information to rebut, clarify, or correct the factual
information no later than ten days after such factual information is
served on the interested party. However, the Department generally will
not accept in the rebuttal submission additional or alternative
surrogate value information not previously on the record, if the
deadline for submission of surrogate value information has passed.\13\
Furthermore, the Department generally will not accept business
proprietary information in either the surrogate value submissions or
the rebuttals thereto, as the regulation regarding the submission of
surrogate values allows only for the submission of publicly available
information.\14\
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\12\ The Department recently announced a change in the deadline
to submit publicly available information to value factors of
production under 19 CFR 351.301(c)(3)(ii). To all segments initiated
on or after May 10, 2013, the deadline to submit publicly available
information to value factors of production in an administrative
review is 30 days prior to the scheduled preliminary results of
review. This change will not apply to the eighth administrative
review of wooden bedroom furniture from the PRC due to the effective
date. See Definition of Factual Information and Time Limits for
Submission of Factual Information, 78 FR 21246 (April 10, 2013).
\13\ See, e.g., Glycine From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\14\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuing the final results of these reviews, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by these reviews.\15\ The Department
intends to issue assessment instructions to CBP 15 days after the
publication date of the final results of these reviews.
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\15\ See 19 CFR 351.212(b).
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For each individually examined respondent in these reviews whose
weighted-average dumping margin is above de minimis (i.e., 0.5 percent)
in the final results of these reviews, the Department will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those sales, in accordance with 19 CFR
351.212(b)(1).\16\ Where an importer- (or customer-) specific ad
valorem rate is greater than de minimis, the Department will instruct
CBP to collect the appropriate duties at the time of liquidation.\17\
Where either a respondent's weighted average dumping margin is zero or
de minimis, or an importer- (or customer-) specific ad valorem dumping
margin is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\18\
We intend to instruct CBP to liquidate entries of subject merchandise
exported by the PRC-wide entity at the PRC-wide rate.
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\16\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\17\ See 19 CFR 351.212(b)(1).
\18\ See 19 CFR 351.212(b)(1).
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The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales database submitted by companies
individually examined during the administrative review, the Department
will instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of subject merchandise, any suspended entries that entered
under that exporter's case number (i.e., at that exporter's rate) will
be liquidated at the PRC-wide rate.\19\
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\19\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Furthermore, Petitioners requested that we issue specific
liquidation instructions related to certain entries of Marvin
Furniture's and the Foliot Group's subject merchandise. Due to the
proprietary nature of these comments, we addressed these comments in a
separate memorandum.\20\
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\20\ See Memorandum from Patrick O'Connor to Abdelali
Elouaradia, Re: ``2012 Administrative Review of Wooden Bedroom
Furniture From the People's Republic of China: Entries Made by
Marvin Furniture and the Foliot Group,'' dated concurrently with
this notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that rate
established in the final results of these reviews (except, if the rate
is zero or de minimis, then a zero cash deposit will be required); (2)
for previously investigated or reviewed PRC and non-PRC exporters
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter.
[[Page 10771]]
With respect to Dongguan Chengcheng, the new shipper respondent,
the Department established a combination cash deposit rate for this
company, consistent with its practice, as follows: (1) For subject
merchandise produced and exported by Dongguan Chengcheng, the cash
deposit rate will be the rate established for Dongguan Chengcheng in
the final results of the NSR; (2) for subject merchandise exported by
Dongguan Chengcheng, but not produced by Dongguan Chengcheng, the cash
deposit rate will be the rate for the PRC-wide entity; and (3) for the
subject merchandise produced by Dongguan Chengcheng, but not exported
by Dongguan Chengcheng, the cash deposit rate will be the rate
applicable to the exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: February 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Scope of the Order
2. No Shipments
3. Bona Fide Sale Analysis
4. Non-Market Economy Country Status
5. Separate Rates
6. Surrogate Country
7. Economic Comparability
8. Significant Producer of Comparable Merchandise
9. Data Availability
10. Date of Sale
11. Normal Value Comparisons
12. Determination of Comparison Method
13. U.S. Price
14. Normal Value
15. Factor Valuations
16. Currency Conversion
[FR Doc. 2014-04226 Filed 2-25-14; 8:45 am]
BILLING CODE 3510-DS-P