[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Notices]
[Pages 48727-48730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19546]


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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 Changed Circumstances Review, and Intent To 
Revoke Antidumping Duty Order in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 12, 2014, the Department of Commerce (the 
``Department'') received a request for revocation, in part, of the 
antidumping duty (``AD'') order on wooden bedroom furniture from the 
People's Republic of China (``PRC'') \1\ with respect to certain wall 
bed units. We preliminarily determine that the producers accounting for 
substantially all of the production of the domestic like product to 
which the Order pertains lack interest in the relief provided by the 
Order with respect to certain wall bed units described below. 
Accordingly, we intend to revoke, in part, the Order as to imports of 
certain wall bed units. The Department invites interested parties to 
comment on these preliminary results.
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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'').

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DATES: Effective Date: August 18, 2014.

FOR FURTHER INFORMATION CONTACT: Erin Kearney or Howard Smith, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0167 or (202) 482-5193, respectively.

Background

    On January 4, 2005, the Department published the Order in the 
Federal Register. On March 12, 2014, the Department received a request 
on behalf of Techcraft Manufacturing, Inc. (``Techcraft'') for a 
changed circumstances review to revoke, in part, the Order with respect 
to certain wall bed units.\2\ In its request, Techcraft stated that the 
American Furniture Manufacturing Committee for Legal Trade and Vaughan-
Basset Furniture Company, Inc. (``Petitioners'') discussed the scope 
exclusion described below and are in agreement with the revocation, in 
part. On March 19, 2014, the Department received a letter from the 
Petitioners in which they stated they were in agreement with the 
proposed scope exclusion language in Techcraft's March 12, 2014 changed 
circumstances review request.\3\
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    \2\ See Submission from Techcraft, ``Techcraft Manufacturing 
Inc. Request for a Changed Circumstance Review,'' dated March 12, 
2014 (``Techcraft's Request'').
    \3\ See Submission from Petitioners, ``Petitioners' Response to 
Techcraft's Letter of March 12, 2014,'' dated March 19, 2014.
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    On May 2, 2014, we published the Initiation Notice in the Federal 
Register. Because the statement submitted by Petitioners in support of 
Techcraft's Request did not indicate whether Petitioners account for 
substantially all of the domestic wooden bedroom furniture production, 
in the Initiation Notice, we invited interested parties to submit 
comments concerning industry support, as well as comments and/or 
factual information regarding the changed circumstances review. On May 
14, 2014, Petitioners submitted comments stating that they are not 
aware of any U.S. domestic producer that opposes exclusion of the 
merchandise defined in Techcraft's Request, and that if no interested 
party raises an objection to the exclusion, the Department should issue 
a determination excluding certain wall bed units, as defined in 
Techcraft's Request. On May 16, 2014, Techcraft submitted comments 
stating that the record of the proceeding demonstrates that there is no 
longer interest in having wall bed units that meet the scope exclusion 
language provided in the Initiation Notice covered by the Order. On 
June 13, 2014 and July 1, 2014, Techcraft revised the proposed scope 
exclusion language in its original changed circumstances review 
request.\4\ On July 9, 2014, the Department received a letter from the 
Petitioners in which they consented to the revised scope exclusion 
language contained in Techcraft's July 1, 2014, submission.\5\
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    \4\ See Submissions from Techcraft, ``Techcraft Manufacturing 
Inc., Request for a Changed Circumstance Review,'' dated June 13, 
2014; ``Techcraft Manufacturing Inc. Request for Amended Language in 
Changed Circumstance Review,'' dated July 1, 2014.
    \5\ See Submission from Petitioners, ``Petitioners' Response to 
Techcraft's Letter Filed on July 1, 2014,'' dated July 9, 2014.
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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-

[[Page 48728]]

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 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; \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\ and (14) toy boxes.\20\
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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 (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: 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 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 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. Such parts are usually classified under HTSUS 
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
    \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 wooden bedroom furniture order apply to the box itself 
rather than the lid.
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    Imports of subject merchandise are classified under subheadings 
9403.50.9042 and 9403.50.9045 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 
9403.50.9042 or 9403.50.9045 of the HTSUS as ``parts of wood.'' Subject 
merchandise may also be entered under subheadings 9403.50.9041, 
9403.60.8081, or 9403.20.0018. 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.

Scope of Changed Circumstances Review

    The products covered by this changed circumstances review 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.

[[Page 48729]]

Preliminary Results of Changed Circumstances Review, and Intent To 
Revoke the Order, in Part

    Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended 
(the ``Act''), and 19 CFR 351.222(g), the Department may revoke an AD 
order, in whole or in part, based on a review under section 751(b) of 
the Act (i.e., a changed circumstances review). Section 751(b)(1) of 
the Act requires a changed circumstances review to be conducted upon 
receipt of a request which shows changed circumstances sufficient to 
warrant a review. Section 782(h)(2) of the Act gives the Department the 
authority to revoke an order if producers accounting for substantially 
all of the production of the domestic like product have expressed a 
lack of interest in the order. 19 CFR 351.222(g) provides that the 
Department will conduct a changed circumstances review under 19 CFR 
351.216, and may revoke an order (in whole or in part), if it concludes 
that (i) producers accounting for substantially all of the production 
of the domestic like product to which the order pertains have expressed 
a lack of interest in the relief provided by the order, in whole or in 
part, or (ii) if other changed circumstances sufficient to warrant 
revocation exist. Both the Act and the Department's regulations require 
that ``substantially all'' domestic producers express a lack of 
interest in the order for the Department to revoke the order, in whole 
or in part.\21\ The Department has interpreted ``substantially all'' to 
represent producers accounting for at least 85 percent of U.S. 
production of the domestic like product.\22\
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    \21\ See Section 782(h) of the Act and 19 CFR 351.222(g).
    \22\ See Honey From Argentina; Antidumping and Countervailing 
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke 
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 
(November 14, 2012), unchanged in Honey From Argentina; Final 
Results of Antidumping and Countervailing Duty Changed Circumstances 
Reviews; Revocation of Antidumping and Countervailing Duty Orders, 
77 FR 77029 (December 31, 2012).
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    On March 12, 2014, Techcraft requested that the Department expedite 
the changed circumstances review.\23\ The Department's regulations do 
not specify a deadline for the issuance of preliminary results of a 
changed circumstances review, but provide that the Department will 
issue the final results of review within 270 days after the date on 
which the changed circumstances review is initiated, or within 45 days 
if all parties to the proceeding agree to the outcome of the 
review.\24\ The Department did not issue a combined notice of 
initiation and preliminary results because, as discussed above, the 
statement provided by Petitioners and offered in support of Techcraft's 
Request does not indicate whether Petitioners account for substantially 
all domestic wooden bedroom furniture production.\25\ Thus, the 
Department did not determine in the Initiation Notice that producers 
accounting for substantially all of the production of the domestic like 
product lacked interest in the continued application of the Order as to 
certain wall bed units. Further, the Department requested interested 
party comments on the issue of domestic industry support of a partial 
revocation.\26\ Because the Department received no comments concerning 
a lack of industry support or opposing initiation of the changed 
circumstances review of the Order, the Department now preliminarily 
finds that producers accounting for substantially all of the production 
of the domestic like product lack interest in the relief afforded by 
the Order with respect to the certain wall bed units described in 
Techcraft's Request. We request comment from interested parties on that 
preliminary finding before issuing the final results of this 
review.\27\
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    \23\ See Techcraft's Request.
    \24\ 19 CFR 351.216(e).
    \25\ See Initiation Notice.
    \26\ Id.
    \27\ See, e.g., Honey From Argentina; Antidumping and 
Countervailing Duty Changed Circumstances Reviews; Preliminary 
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 
67790, 67791 (November 14, 2012); Aluminum Extrusions From the 
People's Republic of China: Preliminary Results of Changed 
Circumstances Reviews, and Intent to Revoke Antidumping and 
Countervailing Duty Orders in Part, 78 FR 66895 (November 7, 2013); 
see also 19 CFR 351.222(g)(1)(v).
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    As noted in the Initiation Notice, Techcraft requested the 
revocation of the Order, in part, and supported its request. In light 
of Techcraft's Request and the interested party comments received 
during the comment period, we preliminarily conclude that changed 
circumstances warrant revocation of the Order, in part, because the 
producers accounting for substantially all of the production of the 
domestic like product to which the Order pertains lack interest in the 
relief provided by the Order with respect to the certain wall bed units 
that are the subject of Techcraft's Request.
    Accordingly, we are notifying the public of our intent to revoke 
the Order, in part, with respect to certain wall bed units. We intend 
to revoke the Order as to certain wall bed units by including the 
following language in the scope of the Order:

    Also 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.

Public Comment

    Interested parties are invited to comment on these preliminary 
results in accordance with 19 CFR 351.309(c)(1)(ii). If an interested 
party is of the view that certain arguments continue to be relevant to 
the Department's final results of this review, that interested party is 
required to file a case brief containing all such arguments, including 
any such arguments presented to the Department before the date of 
publication of the preliminary results, pursuant to 19 CFR 
351.309(c)(2). Written comments may be submitted no later than 14 days 
after the date of publication of these preliminary results. Rebuttals 
to written comments, limited to issues raised in such comments, may be 
filed no later than seven days after the due date for comments. All 
comments are to be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (IA ACCESS) which 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. Comments must also be served 
on interested parties.\28\ An electronically filed document must be 
received successfully in its entirety by IA ACCESS by 5:00 p.m. Eastern 
Standard Time on the day it is due.\29\
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    \28\ See 19 CFR 351.303(f).
    \29\ See 19 CFR 351.310(c).
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    The Department will issue the final results of this changed 
circumstances review, which will include its analysis of any written 
comments, no later than 270 days after the date on which this review 
was initiated.
    If, in the final results of this review, the Department continues 
to determine that changed circumstances warrant the revocation of the 
Order, in part, we will instruct U.S. Customs and Border Protection 
(``CBP'') to liquidate without regard to antidumping duties, and to 
refund any estimated antidumping duties, on all unliquidated entries of 
the

[[Page 48730]]

merchandise covered by the revocation that are not covered by the final 
results of an administrative review or automatic liquidation.
    The current requirement for cash deposits of estimated antidumping 
duties on all entries of subject merchandise will continue unless until 
they are modified pursuant to the final results of this changed 
circumstances review.
    These preliminary results of review and notice are in accordance 
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19 
CFR 351.222.

    Dated: August 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-19546 Filed 8-15-14; 8:45 am]
BILLING CODE 3510-DS-P