80_FR_17782 80 FR 17719 - Wooden Bedroom Furniture From the People's Republic of China: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation of the Antidumping Duty Order in Part

80 FR 17719 - Wooden Bedroom Furniture From the People's Republic of China: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation of the Antidumping Duty Order in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range17719-17721
FR Document2015-07601

Based on a request from Pier 1 Imports (U.S.), Inc. (``Pier 1''), the Department of Commerce (the ``Department'') is initiating a changed circumstances review to consider the possible revocation, in part, of the antidumping duty (``AD'') order on wooden bedroom furniture from the People's Republic of China (``PRC'') with respect to jewelry armoires that have at least one front door.

Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17719-17721]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07601]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Notice of Initiation of Changed Circumstances Review, and Consideration 
of Revocation of the Antidumping Duty Order in Part

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

SUMMARY: Based on a request from Pier 1 Imports (U.S.), Inc. (``Pier 
1''), the Department of Commerce (the ``Department'') is initiating a 
changed circumstances review to consider the possible revocation, in 
part, of the antidumping duty (``AD'') order on wooden bedroom 
furniture from the People's Republic of China (``PRC'') with respect to 
jewelry armoires that have at least one front door.

DATES: Effective April 2, 2015.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Valerie Ellis, 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-
5193 or (202) 482-4551, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2005, the Department published the 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). On February 13, 2015, Pier 1, an 
importer of the subject merchandise, requested revocation, in part, of 
the AD order pursuant to section 751(b)(1) of the Tariff Act of 1930, 
as amended (``the Act'') and section 351.216(b) of the Department's 
regulations, with respect to certain jewelry armoires with at least one 
front door. The scope of the order currently excludes certain jewelry 
armoires with at least one side door but does not exclude jewelry 
armoires with at least one front door. Pier 1 proposes adding the 
phrase ``or at least one front door'' to the existing exclusion for 
jewelry armoires. On March 11, 2015, the American Furniture 
Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture 
Company, Inc. (collectively, ``Petitioners'') stated that they agree 
with the scope exclusion language proposed by Pier 1.\1\
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    \1\ See March 11, 2015 letter from Petitioners Re: Wooden 
Bedroom Furniture From The People's Republic of China/Petitioners' 
Response to Pier 1 Imports' Letter of February 13, 2015 
(``Petitioners agree with the proposed amendment.'').
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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-on-
chests,\2\ highboys,\3\ lowboys,\4\ chests of drawers,\5\ chests,\6\ 
door chests,\7\

[[Page 17720]]

chiffoniers,\8\ hutches,\9\ and armoires;\10\ (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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    \2\ 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.
    \3\ 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).
    \4\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \5\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \6\ 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.
    \7\ 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.
    \8\ A chiffonier is typically a tall and narrow chest of drawers 
normally used for storing undergarments and lingerie, often with 
mirror(s) attached.
    \9\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \10\ 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; \11\ (9) jewelry armories; \12\ (10) cheval mirrors; 
\13\ (11) certain metal parts; \14\ (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; \15\ and (14) toy boxes.\16\ 
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.
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    \11\ 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.
    \12\ 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).
    \13\ 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).
    \14\ 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.
    \15\ 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).
    \16\ 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, 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.

Initiation of Changed Circumstances Review, and Consideration of 
Revocation of the Order in Part

    Pursuant to section 751(b) of the Act, the Department will conduct 
a changed circumstances review upon receipt of a request from an 
interested party \17\ which shows changed circumstances sufficient to 
warrant a review of an order.\18\ Based on the information provided by 
Pier 1, the Department has determined that there exist changed 
circumstances sufficient to warrant a changed circumstances review of 
the

[[Page 17721]]

AD order on wooden bedroom furniture from the PRC.\19\
---------------------------------------------------------------------------

    \17\ Pier 1stated in its March 16, 2015 entry of appearance that 
it is an importer of the jewelry armoires that are currently subject 
to this order, and as such is an interested party pursuant to 19 CFR 
351.102(a)(29)(ii).
    \18\ See 19 CFR 351.216.
    \19\ See section 751(b) of the Act and 19 CFR 351.216(d).
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    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that the Department may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In addition, in the event 
the Department determines that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits the Department to combine the notices of 
initiation and preliminary results. In its administrative practice, the 
Department has interpreted ``substantially all'' to mean producers 
accounting for at least 85 percent of the total U.S. production of the 
domestic like product covered by the order.\20\ Petitioners state that 
they agree with the exclusion request, however, because Petitioners did 
not indicate whether they account for substantially all of the domestic 
production of wooden bedroom furniture, we are providing interested 
parties with the opportunity to address the issue of domestic industry 
support with respect to this proposed partial revocation of the order, 
and we are not combining this notice of initiation with a preliminary 
determination pursuant to 19 CFR 351.221(c)(3)(ii). As explained below, 
this notice of initiation will afford all interested parties an 
opportunity to address the proposed partial revocation.
---------------------------------------------------------------------------

    \20\ See, e.g., Certain Cased Pencils From the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012) (Pencils), unchanged in Certain Cased 
Pencils From the People's Republic of China: Final Results of 
Antidumping Duty Changed Circumstances Review, and Determination To 
Revoke Order, in Part, 77 FR 53176 (August 31, 2012).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding this changed circumstances review, including 
comments concerning industry support. Comments and factual information 
may be submitted to the Department no later than 14 days after the date 
of publication of this notice. Rebuttal comments and rebuttal factual 
information may be filed with the Department no later than 10 days 
after the comments and/or factual information are filed.\21\ All 
submissions must be filed electronically using Enforcement and 
Compliance's AD and CVD Centralized Electronic Service System 
(ACCESS).\22\ An electronically filed document must be received 
successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the 
due dates set forth in this notice.
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    \21\ See 19 CFR 351.301(b)(2).
    \22\ See, generally, 19 CFR 351.303.
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    The Department will issue the preliminary results of this changed 
circumstances review, in accordance with 19 CFR 351.221(c)(3), which 
will set forth the factual and legal conclusions upon which the 
preliminary results are based, and a description of any action proposed 
because of those results. Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested parties will have an opportunity to comment on the 
preliminary results of the review. In accordance with 19 CFR 
351.216(e), the Department will issue the final results of its AD 
changed circumstance review within 270 days after the date on which the 
review is initiated.
    This initiation is published in accordance with section 751(b)(1) 
of the Act and 19 CFR 351.221(b)(1).

    Dated: March 26, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2015-07601 Filed 4-1-15; 8:45 am]
BILLING CODE CODE 3510-DS-P



                                                                             Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices                                                     17719

                                              acquisition from the Denied Person of                   DEPARTMENT OF COMMERCE                                that they agree with the scope exclusion
                                              any item subject to the Regulations that                                                                      language proposed by Pier 1.1
                                              has been exported from the United                       International Trade Administration
                                                                                                                                                            Scope of the Order
                                              States;
                                                                                                      [A–570–890]                                              The product covered by the order is
                                                 D. Obtain from the Denied Person in
                                                                                                                                                            wooden bedroom furniture. Wooden
                                              the United States any item subject to the                                                                     bedroom furniture is generally, but not
                                                                                                      Wooden Bedroom Furniture From the
                                              Regulations with knowledge or reason                    People’s Republic of China: Notice of                 exclusively, designed, manufactured,
                                              to know that the item will be, or is                    Initiation of Changed Circumstances                   and offered for sale in coordinated
                                              intended to be, exported from the                       Review, and Consideration of                          groups, or bedrooms, in which all of the
                                              United States; or                                       Revocation of the Antidumping Duty                    individual pieces are of approximately
                                                 E. Engage in any transaction to service              Order in Part                                         the same style and approximately the
                                              any item subject to the Regulations that                                                                      same material and/or finish. The subject
                                              has been or will be exported from the                   AGENCY:  Enforcement and Compliance,                  merchandise is made substantially of
                                              United States and which is owned,                       International Trade Administration,                   wood products, including both solid
                                              possessed or controlled by the Denied                   Department of Commerce.                               wood and also engineered wood
                                              Person, or service any item, of whatever                SUMMARY: Based on a request from Pier                 products made from wood particles,
                                              origin, that is owned, possessed or                     1 Imports (U.S.), Inc. (‘‘Pier 1’’), the              fibers, or other wooden materials such
                                              controlled by the Denied Person if such                 Department of Commerce (the                           as plywood, strand board, particle
                                              service involves the use of any item                    ‘‘Department’’) is initiating a changed               board, and fiberboard, with or without
                                              subject to the Regulations that has been                circumstances review to consider the                  wood veneers, wood overlays, or
                                                                                                      possible revocation, in part, of the                  laminates, with or without non-wood
                                              or will be exported from the United
                                                                                                      antidumping duty (‘‘AD’’) order on                    components or trim such as metal,
                                              States. For purposes of this paragraph,
                                                                                                      wooden bedroom furniture from the                     marble, leather, glass, plastic, or other
                                              servicing means installation,
                                                                                                      People’s Republic of China (‘‘PRC’’)                  resins, and whether or not assembled,
                                              maintenance, repair, modification or                                                                          completed, or finished.
                                                                                                      with respect to jewelry armoires that
                                              testing.                                                                                                         The subject merchandise includes the
                                                                                                      have at least one front door.
                                                 Third, after notice and opportunity for                                                                    following items: (1) Wooden beds such
                                                                                                      DATES: Effective April 2, 2015.
                                              comment as provided in Section 766.23                                                                         as loft beds, bunk beds, and other beds;
                                              of the Regulations, any other person,                   FOR FURTHER INFORMATION CONTACT:                      (2) wooden headboards for beds
                                              firm, corporation, or business                          Howard Smith or Valerie Ellis, AD/CVD                 (whether stand-alone or attached to side
                                              organization related to Castaneda by                    Operations, Office IV, Enforcement and                rails), wooden footboards for beds,
                                              ownership, control, position of                         Compliance, International Trade                       wooden side rails for beds, and wooden
                                              responsibility, affiliation, or other                   Administration, U.S. Department of                    canopies for beds; (3) night tables, night
                                                                                                      Commerce, 14th Street and Constitution                stands, dressers, commodes, bureaus,
                                              connection in the conduct of trade or
                                                                                                      Avenue NW., Washington, DC 20230;                     mule chests, gentlemen’s chests,
                                              business may also be made subject to
                                                                                                      telephone: (202) 482–5193 or (202) 482–               bachelor’s chests, lingerie chests,
                                              the provisions of this Order in order to
                                                                                                      4551, respectively.                                   wardrobes, vanities, chessers,
                                              prevent evasion of this Order.
                                                                                                      SUPPLEMENTARY INFORMATION:                            chifforobes, and wardrobe-type cabinets;
                                                 Fourth, in accordance with Part 756 of                                                                     (4) dressers with framed glass mirrors
                                              the Regulations, Castaneda may file an                  Background                                            that are attached to, incorporated in, sit
                                              appeal of this Order with the Under                        On January 4, 2005, the Department                 on, or hang over the dresser; (5) chests-
                                              Secretary of Commerce for Industry and                  published the Notice of Amended Final                 on-chests,2 highboys,3 lowboys,4 chests
                                              Security. The appeal must be filed                      Determination of Sales at Less Than                   of drawers,5 chests,6 door chests,7
                                              within 45 days from the date of this                    Fair Value and Antidumping Duty
                                              Order and must comply with the                          Order: Wooden Bedroom Furniture                          1 See March 11, 2015 letter from Petitioners Re:

                                              provisions of Part 756 of the                           From the People’s Republic of China, 70               Wooden Bedroom Furniture From The People’s
                                              Regulations.                                                                                                  Republic of China/Petitioners’ Response to Pier 1
                                                                                                      FR 329 (January 4, 2005). On February                 Imports’ Letter of February 13, 2015 (‘‘Petitioners
                                                 Fifth, a copy of this Order shall be                 13, 2015, Pier 1, an importer of the                  agree with the proposed amendment.’’).
                                              delivered to the Castaneda. This Order                  subject merchandise, requested                           2 A chest-on-chest is typically a tall chest-of-


                                              shall be published in the Federal                       revocation, in part, of the AD order                  drawers in two or more sections (or appearing to be
                                                                                                      pursuant to section 751(b)(1) of the                  in two or more sections), with one or two sections
                                              Register.                                                                                                     mounted (or appearing to be mounted) on a slightly
                                                                                                      Tariff Act of 1930, as amended (‘‘the                 larger chest; also known as a tallboy.
                                                 Sixth, this Order is effective                       Act’’) and section 351.216(b) of the                     3 A highboy is typically a tall chest of drawers
                                              immediately and shall remain in effect                  Department’s regulations, with respect                usually composed of a base and a top section with
                                              until December 18, 2022.                                to certain jewelry armoires with at least             drawers, and supported on four legs or a small chest
                                                                                                                                                            (often 15 inches or more in height).
                                                Issued this 26th day of March, 2015.                  one front door. The scope of the order                   4 A lowboy is typically a short chest of drawers,

                                              Thomas Andrukonis,                                      currently excludes certain jewelry                    not more than four feet high, normally set on short
                                                                                                      armoires with at least one side door but              legs.
                                              Acting Director, Office of Exporter Services
                                              .
                                                                                                      does not exclude jewelry armoires with                   5 A chest of drawers is typically a case containing

                                                                                                      at least one front door. Pier 1 proposes              drawers for storing clothing.
                                              [FR Doc. 2015–07641 Filed 4–1–15; 8:45 am]                                                                       6 A chest is typically a case piece taller than it
                                                                                                      adding the phrase ‘‘or at least one front
tkelley on DSK3SPTVN1PROD with NOTICES




                                              BILLING CODE CODE P                                                                                           is wide featuring a series of drawers and with or
                                                                                                      door’’ to the existing exclusion for                  without one or more doors for storing clothing. The
                                                                                                      jewelry armoires. On March 11, 2015,                  piece can either include drawers or be designed as
                                                                                                      the American Furniture Manufacturers                  a large box incorporating a lid.
                                                                                                                                                               7 A door chest is typically a chest with hinged
                                                                                                      Committee for Legal Trade and
                                                                                                                                                            doors to store clothing, whether or not containing
                                                                                                      Vaughan-Bassett Furniture Company,                    drawers. The piece may also include shelves for
                                                                                                      Inc. (collectively, ‘‘Petitioners’’) stated           televisions and other entertainment electronics.



                                         VerDate Sep<11>2014   18:52 Apr 01, 2015   Jkt 235001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\02APN1.SGM   02APN1


                                              17720                            Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

                                              chiffoniers,8 hutches,9 and armoires;10                    mirrors; 13 (11) certain metal parts; 14                 major sections: (1) A metal wall frame,
                                              (6) desks, computer stands, filing                         (12) mirrors that do not attach to,                      which attaches to the wall and uses
                                              cabinets, book cases, or writing tables                    incorporate in, sit on, or hang over a                   coils or pistons to support the metal
                                              that are attached to or incorporated in                    dresser if they are not designed and                     mattress frame; (2) a metal frame, which
                                              the subject merchandise; and (7) other                     marketed to be sold in conjunction with                  has euro slats for supporting a mattress
                                              bedroom furniture consistent with the                      a dresser as part of a dresser-mirror set;               and two legs that pivot; and (3) wood
                                              above list.                                                (13) upholstered beds; 15 and (14) toy                   panels, which attach to the metal wall
                                                                                                         boxes.16 Also excluded from the scope                    frame and/or the metal mattress frame to
                                                The scope of the order excludes the                      are certain enclosable wall bed units,
                                              following items: (1) Seats, chairs,                                                                                 form a cabinet to enclose the wall bed
                                                                                                         also referred to as murphy beds, which                   when not in use. Excluded enclosable
                                              benches, couches, sofas, sofa beds,                        are composed of the following three
                                              stools, and other seating furniture; (2)                                                                            wall bed units are imported in ready-to-
                                              mattresses, mattress supports (including                      13 Cheval mirrors are any framed, tiltable mirror
                                                                                                                                                                  assemble format with all parts necessary
                                              box springs), infant cribs, water beds,                    with a height in excess of 50 inches that is mounted     for assembly. Enclosable wall bed units
                                              and futon frames; (3) office furniture,                    on a floor-standing, hinged base. Additionally, the      do not include a mattress. Wood panels
                                                                                                         scope of the order excludes combination cheval           of enclosable wall bed units, when
                                              such as desks, stand-up desks, computer                    mirror/jewelry cabinets. The excluded merchandise
                                              cabinets, filing cabinets, credenzas, and                  is an integrated piece consisting of a cheval mirror,    imported separately, remain subject to
                                                                                                         i.e., a framed tiltable mirror with a height in excess   the order.
                                              bookcases; (4) dining room or kitchen                      of 50 inches, mounted on a floor-standing, hinged
                                              furniture such as dining tables, chairs,                   base, the cheval mirror serving as a door to a
                                                                                                                                                                     Imports of subject merchandise are
                                              servers, sideboards, buffets, corner                       cabinet back that is integral to the structure of the    classified under subheadings
                                              cabinets, china cabinets, and china                        mirror and which constitutes a jewelry cabinet line      9403.50.9042 and 9403.50.9045 of the
                                                                                                         with fabric, having necklace and bracelet hooks,         HTSUS as ‘‘wooden . . . beds’’ and
                                              hutches; (5) other non-bedroom                             mountings for rings and shelves, with or without a
                                              furniture, such as television cabinets,                    working lock and key to secure the contents of the       under subheading 9403.50.9080 of the
                                              cocktail tables, end tables, occasional                    jewelry cabinet back to the cheval mirror, and no        HTSUS as ‘‘other . . . wooden furniture
                                                                                                         drawers anywhere on the integrated piece. The fully      of a kind used in the bedroom.’’ In
                                              tables, wall systems, book cases, and                      assembled piece must be at least 50 inches in
                                              entertainment systems; (6) bedroom                         height, 14.5 inches in width, and 3 inches in depth.     addition, wooden headboards for beds,
                                              furniture made primarily of wicker,                        See Wooden Bedroom Furniture From the People’s           wooden footboards for beds, wooden
                                                                                                         Republic of China: Final Changed Circumstances           side rails for beds, and wooden canopies
                                              cane, osier, bamboo or rattan; (7) side                    Review and Determination To Revoke Order in Part,
                                              rails for beds made of metal if sold                       72 FR 948 (January 9, 2007).
                                                                                                                                                                  for beds may also be entered under
                                              separately from the headboard and                             14 Metal furniture parts and unfinished furniture     subheading 9403.50.9042 or
                                              footboard; (8) bedroom furniture in                        parts made of wood products (as defined above)           9403.50.9045 of the HTSUS as ‘‘parts of
                                                                                                         that are not otherwise specifically named in this        wood.’’ Subject merchandise may also
                                              which bentwood parts predominate; 11                       scope (i.e., wooden headboards for beds, wooden
                                              (9) jewelry armories; 12 (10) cheval                       footboards for beds, wooden side rails for beds, and
                                                                                                                                                                  be entered under subheadings
                                                                                                         wooden canopies for beds) and that do not possess        9403.50.9041, 9403.60.8081,
                                                                                                         the essential character of wooden bedroom                9403.20.0018, or 9403.90.8041. Further,
                                                 8 A chiffonier is typically a tall and narrow chest     furniture in an unassembled, incomplete, or              framed glass mirrors may be entered
                                              of drawers normally used for storing undergarments         unfinished form. Such parts are usually classified
                                                                                                         under HTSUS subheadings 9403.90.7005,                    under subheading 7009.92.1000 or
                                              and lingerie, often with mirror(s) attached.
                                                 9 A hutch is typically an open case of furniture
                                                                                                         9403.90.7010, or 9403.90.7080.                           7009.92.5000 of the HTSUS as ‘‘glass
                                              with shelves that typically sits on another piece of
                                                                                                            15 Upholstered beds that are completely               mirrors . . . framed.’’ The order covers
                                                                                                         upholstered, i.e., containing filling material and       all wooden bedroom furniture meeting
                                              furniture and provides storage for clothes.                completely covered in sewn genuine leather,
                                                 10 An armoire is typically a tall cabinet or
                                                                                                         synthetic leather, or natural or synthetic decorative    the above description, regardless of
                                              wardrobe (typically 50 inches or taller), with doors,      fabric. To be excluded, the entire bed (headboards,      tariff classification. Although the
                                              and with one or more drawers (either exterior below        footboards, and side rails) must be upholstered          HTSUS subheadings are provided for
                                              or above the doors or interior behind the doors),          except for bed feet, which may be of wood, metal,        convenience and customs purposes, our
                                              shelves, and/or garment rods or other apparatus for        or any other material and which are no more than
                                                                                                         nine inches in height from the floor. See Wooden         written description of the scope of this
                                              storing clothes. Bedroom armoires may also be used
                                              to hold television receivers and/or other audio-
                                                                                                         Bedroom Furniture from the People’s Republic of          proceeding is dispositive.
                                                                                                         China: Final Results of Changed Circumstances
                                              visual entertainment systems.                              Review and Determination to Revoke Order in Part,        Initiation of Changed Circumstances
                                                 11 As used herein, bentwood means solid wood
                                                                                                         72 FR 7013 (February 14, 2007).                          Review, and Consideration of
                                              made pliable. Bentwood is wood that is brought to             16 To be excluded the toy box must: (1) Be wider
                                              a curved shape by bending it while made pliable
                                                                                                                                                                  Revocation of the Order in Part
                                                                                                         than it is tall; (2) have dimensions within 16 inches
                                              with moist heat or other agency and then set by            to 27 inches in height, 15 inches to 18 inches in
                                                                                                         depth, and 21 inches to 30 inches in width; (3) have
                                                                                                                                                                    Pursuant to section 751(b) of the Act,
                                              cooling or drying. See CBP’s Headquarters Ruling
                                              Letter 043859, dated May 17, 1976.                         a hinged lid that encompasses the entire top of the      the Department will conduct a changed
                                                 12 Any armoire, cabinet or other accent item for        box; (4) not incorporate any doors or drawers; (5)       circumstances review upon receipt of a
                                                                                                         have slow-closing safety hinges; (6) have air vents;     request from an interested party 17
                                              the purpose of storing jewelry, not to exceed 24
                                                                                                         (7) have no locking mechanism; and (8) comply
                                              inches in width, 18 inches in depth, and 49 inches         with American Society for Testing and Materials          which shows changed circumstances
                                              in height, including a minimum of 5 lined drawers          (‘‘ASTM’’) standard F963–03. Toy boxes are boxes         sufficient to warrant a review of an
                                              lined with felt or felt-like material, at least one side   generally designed for the purpose of storing            order.18 Based on the information
                                              door (whether or not the door is lined with felt or        children’s items such as toys, books, and
                                              felt-like material), with necklace hangers, and a flip-
                                                                                                                                                                  provided by Pier 1, the Department has
                                                                                                         playthings. See Wooden Bedroom Furniture from
                                              top lid with inset mirror. See Issues and Decision         the People’s Republic of China: Final Results of         determined that there exist changed
                                              Memorandum from Laurel LaCivita to Laurie                  Changed Circumstances Review and Determination           circumstances sufficient to warrant a
                                                                                                         to Revoke Order in Part, 74 FR 8506 (February 25,        changed circumstances review of the
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                                              Parkhill, Office Director, concerning ‘‘Jewelry
                                              Armoires and Cheval Mirrors in the Antidumping             2009). Further, as determined in the scope ruling
                                                                                                         memorandum ‘‘Wooden Bedroom Furniture from
                                              Duty Investigation of Wooden Bedroom Furniture                                                                        17 Pier 1stated in its March 16, 2015 entry of
                                                                                                         the People’s Republic of China: Scope Ruling on a
                                              from the People’s Republic of China,’’ dated August        White Toy Box,’’ dated July 6, 2009, the                 appearance that it is an importer of the jewelry
                                              31, 2004. See also Wooden Bedroom Furniture From           dimensional ranges used to identify the toy boxes        armoires that are currently subject to this order, and
                                              the People’s Republic of China: Final Changed              that are excluded from the wooden bedroom                as such is an interested party pursuant to 19 CFR
                                              Circumstances Review, and Determination To                 furniture order apply to the box itself rather than      351.102(a)(29)(ii).
                                              Revoke Order in Part, 71 FR 38621 (July 7, 2006).          the lid.                                                   18 See 19 CFR 351.216.




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                                                                             Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices                                           17721

                                              AD order on wooden bedroom furniture                    System (ACCESS).22 An electronically                     These documents are also available
                                              from the PRC.19                                         filed document must be received                        upon written request or by appointment
                                                 Section 782(h)(2) of the Act and 19                  successfully in its entirety by ACCESS,                in the Permits and Conservation
                                              CFR 351.222(g)(1)(i) provide that the                   by 5 p.m. Eastern Time on the due dates                Division, Office of Protected Resources,
                                              Department may revoke an order (in                      set forth in this notice.                              NMFS, 1315 East-West Highway, Room
                                              whole or in part) if it determines that                    The Department will issue the                       13705, Silver Spring, MD 20910; phone
                                              producers accounting for substantially                  preliminary results of this changed                    (301) 427–8401; fax (301) 713–0376.
                                              all of the production of the domestic                   circumstances review, in accordance                      Written comments on this application
                                              like product have expressed a lack of                   with 19 CFR 351.221(c)(3), which will                  should be submitted to the Chief,
                                              interest in the order, in whole or in part.             set forth the factual and legal                        Permits and Conservation Division, at
                                              In addition, in the event the Department                conclusions upon which the                             the address listed above. Comments may
                                              determines that expedited action is                     preliminary results are based, and a                   also be submitted by facsimile to (301)
                                              warranted, 19 CFR 351.221(c)(3)(ii)                     description of any action proposed                     713–0376, or by email to
                                              permits the Department to combine the                   because of those results. Pursuant to 19               NMFS.Pr1Comments@noaa.gov. Please
                                              notices of initiation and preliminary                   CFR 351.221(b)(4)(ii), interested parties              include the File No. in the subject line
                                              results. In its administrative practice,                will have an opportunity to comment on                 of the email comment.
                                              the Department has interpreted                          the preliminary results of the review. In                Those individuals requesting a public
                                              ‘‘substantially all’’ to mean producers                 accordance with 19 CFR 351.216(e), the                 hearing should submit a written request
                                              accounting for at least 85 percent of the               Department will issue the final results                to the Chief, Permits and Conservation
                                              total U.S. production of the domestic                   of its AD changed circumstance review                  Division at the address listed above. The
                                              like product covered by the order.20                    within 270 days after the date on which                request should set forth the specific
                                              Petitioners state that they agree with the              the review is initiated.                               reasons why a hearing on this
                                              exclusion request, however, because                        This initiation is published in                     application would be appropriate.
                                              Petitioners did not indicate whether                    accordance with section 751(b)(1) of the
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                              they account for substantially all of the               Act and 19 CFR 351.221(b)(1).
                                                                                                                                                             Amy Hapeman or Carrie Hubard, (301)
                                              domestic production of wooden                             Dated: March 26, 2015.                               427–8401.
                                              bedroom furniture, we are providing                     Gary Taverman,                                         SUPPLEMENTARY INFORMATION: The
                                              interested parties with the opportunity                 Associate Deputy Assistant Secretary for
                                              to address the issue of domestic                                                                               subject amendment to Permit No.
                                                                                                      Antidumping and Countervailing Duty                    14856–02 is requested under the
                                              industry support with respect to this                   Operations.
                                              proposed partial revocation of the order,                                                                      authority of the Marine Mammal
                                                                                                      [FR Doc. 2015–07601 Filed 4–1–15; 8:45 am]             Protection Act of 1972, as amended (16
                                              and we are not combining this notice of
                                              initiation with a preliminary
                                                                                                      BILLING CODE CODE 3510–DS–P                            U.S.C. 1361 et seq.), the regulations
                                              determination pursuant to 19 CFR                                                                               governing the taking and importing of
                                              351.221(c)(3)(ii). As explained below,                                                                         marine mammals (50 CFR part 216), the
                                                                                                      DEPARTMENT OF COMMERCE                                 Endangered Species Act of 1973, as
                                              this notice of initiation will afford all
                                              interested parties an opportunity to                    National Oceanic and Atmospheric                       amended (16 U.S.C. 1531 et seq.), and
                                              address the proposed partial revocation.                Administration                                         the regulations governing the taking,
                                                                                                                                                             importing, and exporting of endangered
                                              Public Comment                                          RIN 0648–XB157                                         and threatened species (50 CFR parts
                                                Interested parties are invited to                                                                            222–226).
                                                                                                      Marine Mammals; File No. 14856                           Permit No. 14856–02, first issued on
                                              provide comments and/or factual
                                              information regarding this changed                      AGENCY:  National Marine Fisheries                     December 18, 2013 (79 FR 3346),
                                              circumstances review, including                         Service (NMFS), National Oceanic and                   authorizes Dr. Mate to take 66 species of
                                              comments concerning industry support.                   Atmospheric Administration (NOAA),                     cetaceans and 12 species of pinnipeds
                                              Comments and factual information may                    Commerce.                                              in U.S. and international waters
                                              be submitted to the Department no later                 ACTION: Notice; receipt of application for             worldwide for scientific research. The
                                              than 14 days after the date of                          permit amendment.                                      purposes of the research are to: (1)
                                              publication of this notice. Rebuttal                                                                           Identify migration routes; (2) identify
                                              comments and rebuttal factual                           SUMMARY:   Notice is hereby given that                 specific feeding and breeding grounds
                                              information may be filed with the                       Bruce R. Mate, Ph.D., Hatfield Marine                  for each species; (3) characterize local
                                              Department no later than 10 days after                  Science Center, Oregon State University,               movements and dive habits in both
                                              the comments and/or factual                             Newport, OR 97365, has applied for an                  feeding and breeding grounds, and
                                              information are filed.21 All submissions                amendment to Scientific Research                       during migration; (4) examine the
                                              must be filed electronically using                      Permit No. 14856–02.                                   relationships between movements/dive
                                              Enforcement and Compliance’s AD and                     DATES: Written, telefaxed, or email                    habits and prey distribution, time of
                                              CVD Centralized Electronic Service                      comments must be received on or before                 day, geographic location, or physical
                                                                                                      May 4, 2015.                                           and biological oceanographic
                                                19 See section 751(b) of the Act and 19 CFR           ADDRESSES: The application and related                 conditions; (5) characterize whale
                                              351.216(d).                                             documents are available for review by                  vocalizations; (6) characterize sound
                                                20 See, e.g., Certain Cased Pencils From the
                                                                                                      selecting ‘‘Records Open for Public                    pressure levels to which whales are
                                              People’s Republic of China: Initiation and                                                                     exposed; and (7) gather photo-
                                              Preliminary Results of Antidumping Duty Changed
                                                                                                      Comment’’ from the Features box on the
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                                              Circumstances Review, and Intent To Revoke Order        Applications and Permits for Protected                 identification and behavioral
                                              in Part, 77 FR 42276 (July 18, 2012) (Pencils),         Species home page, https://                            information for species and situations
                                              unchanged in Certain Cased Pencils From the             apps.nmfs.noaa.gov, and then selecting                 where little information has been
                                              People’s Republic of China: Final Results of                                                                   documented. Researchers are authorized
                                              Antidumping Duty Changed Circumstances Review,
                                                                                                      File No. 14856 Mod 6 from the list of
                                              and Determination To Revoke Order, in Part, 77 FR       available applications.                                to conduct aerial and vessel surveys to
                                              53176 (August 31, 2012).                                                                                       perform a suite of research activities
                                                21 See 19 CFR 351.301(b)(2).                            22 See,   generally, 19 CFR 351.303.                 including: Observations, biopsy


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Document Created: 2018-02-21 10:03:50
Document Modified: 2018-02-21 10:03:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective April 2, 2015.
ContactHoward Smith or Valerie Ellis, 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- 5193 or (202) 482-4551, respectively.
FR Citation80 FR 17719 

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