[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Pages 51954-51956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20827]
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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 New Shipper
Review; 2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 26, 2014, the Department of Commerce (the
``Department'') published the preliminary results of the eighth
administrative review (``AR'') and new shipper review (``NSR'') of
wooden bedroom furniture from the People's Republic of China (``PRC'')
covering the period of review (``POR'') January 1, 2012 through
December 31, 2012.\1\ We gave interested parties an opportunity to
comment on the Preliminary Results. After reviewing interested parties'
comments, we made certain changes to our dumping margin calculations
for the only participating mandatory respondent in the AR, Hualing
Furniture (China) Co., Ltd., Tony House Manufacture (China) Co., Ltd.,
Buysell Investments Ltd., and Tony House Industries Co., Ltd.
(collectively ``Tony House Group'') and the new shipper Dongguan
Chengcheng Co., Ltd. (``Dongguan Chengcheng''). For these final results
of the AR, we continue to find that 46 companies, including two of the
three mandatory respondents,\2\ failed to establish eligibility for
separate-rate status and, thus, we treated these companies as part of
the PRC-wide entity. We also continue to find that 12 companies, which
made no shipments of subject merchandise during the POR and timely
filed certifications to that effect, will retain their separate-rate
status. The final antidumping duty margins for these reviews are listed
below in the ``Final Results of the 2012 Administrative Review'' and
``Final Results of the 2012 New Shipper Review'' sections of 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
and New Shipper Reviews; 2012, 79 FR 10768 (February 26, 2014)
(``Preliminary Results'') and accompanying ``Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative and New
Shipper Review: Wooden Bedroom Furniture from the People's Republic
of China'' (``Preliminary Decision Memorandum'').
\2\ Those two mandatory respondents are Marvin Furniture
(Shanghai) Co., Ltd. (``Marvin Furniture''), and Foliot Furniture
Inc./Meubles Foliot Inc. (``Foliot''), Foliot Furniture Corporation,
and Foliot Furniture Pacific Inc. (collectively, ``the Foliot
Group'').
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DATES: Effective Dates: September 2, 2014.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, 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-
0989.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2014, the Department published its Preliminary
Results of the AR and NSR of the antidumping order on wooden bedroom
furniture from the PRC covering the period January 1, 2012, through
December 31, 2012. In March 2014, interested parties timely submitted
surrogate value information in the AR and surrogate value and rebuttal
surrogate value information in the NSR. In April 2014, interested
parties submitted briefs and rebuttal briefs in both the AR and the
NSR.
Analysis of the Comments Received
All issues raised in the case briefs are addressed in the
memorandum from Gary Taverman, Senior Advisor for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, ``Wooden Bedroom Furniture from the
People's Republic of China: Issues and Decision Memorandum for the
Final Results of the 2012 Administrative Review and New Shipper
Review'' (``I&D Memorandum''), which is dated concurrently with, and
hereby adopted by, this notice. A list of the issues addressed in the
I&D Memorandum is appended to this notice. The I&D Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Services System (``IA ACCESS''). Access to IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the Central
Records Unit of the main Commerce Building, Room 7046. In addition, a
complete version of the I&D Memorandum is accessible on the
Department's Web site at http://www.trade.gov/enforcement/. The signed
I&D Memorandum and electronic version of the I&D Memorandum are
identical in content.
Changes Since the Preliminary Results
For the AR, we corrected errors in the financial ratio calculations
that we used to calculate the Tony House Group's antidumping duty
margin. For the NSR, we selected new surrogate values for multi-density
fiberboard and paint, used different financial statements to calculate
the financial ratios that we used to calculate Dongguan Chengcheng's
antidumping duty margin, and revised the calculation for brokerage and
handling.
Scope of the Order
The product covered by the order is wooden bedroom furniture,
subject to certain exceptions. Imports of subject merchandise are
currently classified under the Harmonized Tariff Schedule of the United
States (``HTSUS'') subheadings: 9403.50.9042,
[[Page 51955]]
9403.50.9045, 9403.50.9080, 9403.50.9041, 9403.60.8081, 9403.20.0018,
9403.90.8041, 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.\3\
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\3\ For a complete description of the scope of the order, see
I&D Memorandum.
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Final Determination of No Shipments
As noted in the Preliminary Decision Memorandum, we determined that
the following companies did not have any reviewable entries during the
POR: (1) Clearwise Company Limited (``Clearwise''); (2) COE Limited
(``COE''); (3) Dongguan Singways Furniture Co., Ltd. (``Singways'');
(4) Dongguan Yujia Furniture Co., Ltd. (``Dongguan Yujia''); (5) Eurosa
(Kunshan) Co., Ltd. (``Eurosa''); (6) Golden Well International (HK)
Limited (``Golden Well''); (7) Hangzhou Cadman Trading Co, Ltd.
(``Cadman''); (8) Sen Yeong International Co., Ltd.; Sheh Hau
International Trading Ltd. (``Sen Yeong''); (9) Shenyang Shining
Dongxing Furniture Co., Ltd. (``Shenyang Shining''); (10) Strongson
Furniture (Shenzhen) Co., Ltd.; Strongson Furniture Co., Ltd.;
Strongson (HK) Co. (``Strongson''); (11) Yeh Brothers World Trade Inc.
(``Yeh Brothers''); and (12) Zhejiang Tianyi Scientific & Educational
Equipment Co., Ltd. (``Zhejiang Tianyi'').\4\ No parties commented on
this issue, and we have not received any information that contradicts
these companies' claims of no-shipments. Thus, we continue to find that
these companies did not have entries of subject merchandise during the
POR. We will issue instructions to U.S. Customs and Border Protection
(``CBP'') for any suspended entries under these companies' antidumping
duty case numbers as noted below.
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\4\ See Preliminary Results, 79 FR 10768 and accompanying
Preliminary Decision Memorandum at ``Preliminary Determination of No
Shipments.'' We note that in the Preliminary Decision Memorandum, we
incorrectly identified Strongson by the following company names:
``Strongson Furniture Co., Ltd., Strongson (HK) Company and
Strongson (HK) Company.'' We should instead have listed the
following company names for Strongson: ``Strongson Furniture
(Shenzhen) Co., Ltd.; Strongson Furniture Co., Ltd.; and Strongson
(HK) Co.'' See Wooden Bedroom Furniture From the People's Republic
of China: Initiation of Administrative Review, 78 FR 13626 (February
28, 2013). We will update our liquidation instructions for Strongson
with the correct company names.
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Final Results of the 2012 Administrative Review
The Department has determined that the following dumping margin
exists for the period January 1, 2012, through December 31, 2012:
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Weighted-
average
Exporter margin
(percent)
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Hualing Furniture (China) Co., Ltd.; Tony House Manufacture 3.25
(China) Co., Ltd.; Buysell Investments Ltd.; and Tony House
Industries Co., Ltd........................................
PRC-wide Entity \5\......................................... 216.01
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Final Results of the 2012 New Shipper Review
The Department has determined that the following dumping margin
exists for the exporter-producer combination listed below for the
period January 1, 2012, through December 31, 2012:
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\5\ The PRC-wide entity includes, among other companies: (1)
Marvin Furniture (Shanghai) Co., Ltd.; (2) Foliot Furniture Inc.,
aka Meubles Foliot Inc.; (3) Chuan Fa Furniture Factory; (4) Dalian
Guangming Furniture Co., Ltd.; (5) Dalian Pretty Home Furniture
a.k.a. Dalian Pretty Home Furniture Co., Ltd.; (6) Dongguan
Cambridge Furniture Co., Ltd., Glory Oceanic Co., Ltd.; (7) Dongguan
Dihao Furniture Co., Ltd.; (8) Dongguan Great Reputation Furniture
Co., Ltd.; (9) Dongguan Kin Feng Furniture Co., Ltd.; (10) Dongguan
Liaobushangdun Huada Furniture Factory, Great Rich (HK) Enterprises
Co., Ltd.; (11) Dongguan Lung Dong Furniture Co., Ltd., Dongguan
Dong He Furniture Co., Ltd.; (12) Dongguan Mingsheng Furniture Co.,
Ltd.; (13) Dongguan Sunshine Furniture Co., Ltd.; (14) Dongguan
Yihaiwei Furniture Limited; (15) Fleetwood Fine Furniture LP.; (16)
Fortune Furniture Ltd., Dongguan Fortune Furniture Ltd.; (17)
Fuijian Lianfu Forestry Co, Ltd. (a.k.a. Fujian Wonder Pacific
Inc.), Fuzhou Huan Mei Furniture Co., Ltd., Jiangsu Dare Furniture
Co., Ltd.; (18) Gaomi Yatai Wooden Ware Co., Ltd., Team Prospect
International Limited, Money Gain International Co.; (19) Garri
Furniture (Dong Guan) Co., Ltd., Molabile International, Inc., Weei
Geo Enterprise Co., Ltd.; (20) Guangdong New Four Seas Furniture
Manufacturing Ltd.; (21) Guangzhou Lucky Furniture Co., Ltd.; (22)
Jardine Enterprise, Ltd.; (23) Langfang Tiancheng Furniture Co.,
Ltd.; (24) Longkou Huangshan Furniture Factory; (25) Longrange
Furniture Co., Ltd.; (26) Macau Youcheng Trading Co./Zhongshan
Youcheng Wooden Arts & Crafts Co., Ltd.; (27) Nanhai Baiyi Woodwork
Co., Ltd.; (28) Nanjing Nanmu Furniture Co., Ltd.; (29) Po Ying
Industrial Co.; (30) Qingdao Beiyuan-Shengli Furniture Co., Ltd.,
Qingdao Beiyuan Industry Trading Co., Ltd.; (31) Qingdao Shengchang
Wooden Co., Ltd.; (32) Red Apple Trading Co., Ltd., Shenzhen
Tiancheng Furniture Co., Ltd., Winbuild Industrial Ltd., Red Apple
Furniture Co., Ltd.; (33) Season Furniture Manufacturing Co., Season
Industrial Development Co.; (34) Shenzhen Shen Long Hang Industry
Co., Ltd.; (35) Shenzhen Xingli Furniture Co., Ltd.; (36) Shun Feng
Furniture Co., Ltd.; (37) Songgang Jasonwood Furniture Factory,
Jasonwood Industrial Co., Ltd. S.A.; (38) Teamway Furniture (Dong
Guan) Ltd., Brittomart Inc.; (39) Tianjin First Wood Co., Ltd.; (40)
Tianjin Fortune Furniture Co., Ltd.; (41) Tianjin Phu Shing Woodwork
Enterprise Co., Ltd.; (42) Transworld (Zhang Zhou) Furniture Co.,
Ltd.; (43) Tube-Smith Enterprise (Zhangzhou) Co., Ltd., Tube-Smith
Enterprise (Haimen) Co., Ltd., Billionworth Enterprises Ltd.; (44)
Wanhengtong Nueevder (Furniture) Manufacture Co., Ltd., Dongguan
Wanhengtong Industry Co., Ltd.; (45) Winmost Enterprises Limited;
and (46) Xilinmen Furniture Co., Ltd.
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Weighted-average
Exporter Producer dumping margin
(percent)
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Dongguan Chengcheng Group Co., Ltd.............. Dongguan Chengcheng Group Co., Ltd..... 0.00
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Assessment
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the ``Act''), and 19 CFR 351.212(b), the Department has
determined, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise and deposits of estimated duties, where
applicable, in accordance with the final results of these reviews. The
Department intends to issue assessment instructions to CBP 15 days
after the publication date of these final results of reviews.
For each individually examined respondent in these reviews whose
weighted-average dumping margin in the final results of review is above
de minimis (i.e., 0.05 percent), the Department calculated importer (or
customer)-specific assessment rates, in accordance with 19 CFR
351.212(b)(1).\6\ Where the respondent reported reliable entered
values, we calculated importer (or customer)-specific ad valorem rates
by aggregating the dumping margins calculated for all U.S. sales to
each importer (or customer) and dividing this amount by the total
entered value of the sales to each importer (or customer).\7\ Where the
Department calculated a weighted-average dumping margin by dividing the
total amount of dumping
[[Page 51956]]
for reviewed sales to that party by the total sales quantity associated
with those transactions, the Department will direct CBP to assess
importer (or customer)-specific assessment rates based on the resulting
per-unit rates.\8\ Where an importer (or customer-) specific ad valorem
or per-unit rate is greater than de minimis, the Department will
instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer (or customer-) specific ad
valorem or per-unit rate is zero or de minimis, the Department will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\9\
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\6\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77FR 8101 (February 14, 2012)
(``Final Modification'').
\7\ See 19 CFR 351.212(b)(1).
\8\ Id.
\9\ See Final Modification.
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In 2011, the Department announced a refinement to its assessment
practice in NME cases.\10\ Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during these reviews, the Department
will instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the 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 NME-wide rate.\11\
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\11\ Id.
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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 all shipments of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For the company listed in the
``Final Results of the 2012 Administrative Review'' section of this
notice above and the exporter-producer combination listed in the
``Final Results of the 2012 New Shipper Review'' section of this notice
above, the cash deposit rate will be the rate listed above for the
company, except if the rate is zero or de minimis, then no cash deposit
will be required for that company; (2) for Clearwise; COE; Singways;
Dongguan Yujia; Eurosa; Golden Well; Cadman; Sen Yeong; Shenyang
Shining; Strongson; Yeh Brothers; and Zhejiang Tianyi, which had no
shipments, the cash deposit rate will remain unchanged from the rate
assigned to these companies in the most recently completed review of
the companies; (3) for previously investigated or reviewed PRC and non-
PRC exporters who are not under review in this segment of the
proceeding but who have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (4) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, including Marvin
Furniture, Foliot Furniture Inc., aka Meubles Foliot Inc. and the forty
four other companies listed in footnote 5 above, the cash deposit rate
will be the PRC-wide rate of 216.01 percent; and (5) 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(s) that supplied that non-PRC 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 antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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 which is subject to sanction.
These final results of reviews are issued and published in
accordance with sections 751(a)(1), 751(a)(2)(B), 777(i) of the Act and
19 CFR 351.213, 351.214.
Dated: August 25, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Whether There Are Errors in the Financial Ratio
Calculations in the Administrative Review
Comment 2: Whether Marvin Furniture has Demonstrated Eligibility
for Separate Rate Status
Comment 3: Whether Entries of Shanghai Maoji's Merchandise
Should Be Liquidated As Entered
Comment 4: The Appropriate Dumping Margin to Apply to Marvin
Furniture and Shanghai Maoji as Part of the PRC-Wide Entity
Comment 5: Whether the Liquidation Instructions for the
Administrative Review Should be Revised
Comment 6: Treatment of Labor Costs in Surrogate Financial
Ratios
Comment 7: The Appropriate Surrogate Value For MDF
Comment 8: The Appropriate Surrogate Value For Brokerage and
Handling
Comment 9: The Appropriate Surrogate Value For Paint
Comment 10: The Appropriate Surrogate Value For Electricity
Comment 11: The Appropriate Surrogate Financial Statements for
the NSR
Recommendation
[FR Doc. 2014-20827 Filed 8-29-14; 8:45 am]
BILLING CODE 3510-DS-P