80 FR 57150 - Wooden Bedroom Furniture From the People's Republic of China: Final Results of Changed Circumstances Review, and Revocation of Antidumping Duty Order, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 183 (September 22, 2015)

On August 11, 2015, the Department of Commerce (the ``Department'') published its Preliminary Results of a changed circumstances review (CCR) and intent to revoke, in part, the antidumping duty (``AD'') order on wooden bedroom furniture from the People's Republic of China (``PRC'') \1\ with respect to certain jewelry armoires.\2\ The Department preliminarily determined that the producers accounting for substantially all of the production of the domestic like product to which the Order pertains lacked interest in the relief provided by the Order with respect to certain jewelry armoires with at least one front door. We invited interested parties to comment on the Preliminary Results. No party submitted comments. For the final results, the Department is revoking, in part, the Order as to certain jewelry armoires with at least one front door. ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Pages 57150-57152]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24090]


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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 Changed Circumstances Review, and Revocation of 
Antidumping Duty Order, in Part

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

SUMMARY: On August 11, 2015, the Department of Commerce (the 
``Department'') published its Preliminary Results of a changed 
circumstances review (CCR) and intent to revoke, in part, the 
antidumping duty (``AD'') order on wooden bedroom furniture from the 
People's Republic of China (``PRC'') \1\ with respect to certain 
jewelry armoires.\2\ The Department preliminarily determined that the 
producers accounting for substantially all of the production of the 
domestic like product to which the Order pertains lacked interest in 
the relief provided by the Order with respect to certain jewelry 
armoires with at least one front door. We invited interested parties to 
comment on the Preliminary Results. No party submitted comments. For 
the final results, the Department is revoking, in part, the Order as to 
certain jewelry armoires with at least one front door.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture 
From the People's Republic of China, 70 FR 329 (January 4, 2005) 
(``Order'').
    \2\ See 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, 80 FR 48075 (August 
11, 2015) (``Preliminary Results'').

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DATES: Effective date: September 22, 2015.

FOR FURTHER INFORMATION CONTACT:  Cara Lofaro 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-
5720 or (202) 482-5193, respectively.

Background

    On January 4, 2005, the Department published the Order in the 
Federal Register. On February 13, 2015, the Department received a 
request on behalf of Pier 1 Imports (U.S.), Inc. (``Pier One'') for a 
CCR to revoke, in part, the Order with respect to jewelry armoires with 
at least one front door.\3\ On April 2, 2015, the Department published 
the Initiation Notice for the requested CCR in the Federal Register.\4\ 
On August 11, 2015, the Department published the Preliminary Results of 
this CCR in which it found 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 certain jewelry armoires 
that have at least one front door as described in Pier One's 
Request.\5\ The Department invited interested parties to submit 
comments on the Preliminary Results in accordance with 19 CFR 
351.309(c)(1)(ii). We received no comments.
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    \3\ See Submission from Pier One, ``Wooden Bedroom Furniture 
From the People's Republic of China; Request for a Changed 
Circumstance Review as to Certain Additional Jewelry Armoires,'' 
dated February 13, 2015 (``Pier One's Request'').
    \4\ See 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 (April 2, 2015) (``Initiation Notice'').
    \5\ See Preliminary Results.
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Final Results of Changed Circumstances Review, and Revocation of the 
Order, in Part

    Because no party submitted comments opposing the Department's 
Preliminary Results, and the record contains no other information or 
evidence that calls into question the Preliminary Results, the 
Department determines pursuant to section 751(d)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), and 19 CFR 351.222(g), that there 
are changed circumstances that warrant revocation of the Order, in 
part. Specifically, 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 following type

[[Page 57151]]

of jewelry armoire, we are revoking the Order, in part with respect to 
any armoire, cabinet or other accent item for the purpose of storing 
jewelry, not to exceed 24 inches in width, 18 inches in depth, and 49 
inches in height, including a minimum of 5 lined drawers lined with 
felt or felt-like material, at least one side door or one front door 
(whether or not the door is lined with felt or felt-like material), 
with necklace hangers, and a flip-top lid with inset mirror. The scope 
description below includes this exclusion language.

Scope of the Order

    The product covered by the order is wooden bedroom furniture. 
Wooden bedroom furniture is generally, but not exclusively, designed, 
manufactured, and offered for sale in coordinated groups, or bedrooms, 
in which all of the individual pieces are of approximately the same 
style and approximately the same material and/or finish. The subject 
merchandise is made substantially of wood products, including both 
solid wood and also engineered wood products made from wood particles, 
fibers, or other wooden materials such as plywood, strand board, 
particle board, and fiberboard, with or without wood veneers, wood 
overlays, or laminates, with or without non-wood components or trim 
such as metal, marble, leather, glass, plastic, or other resins, and 
whether or not assembled, completed, or finished.
    The subject merchandise includes the following items: (1) Wooden 
beds such as loft beds, bunk beds, and other beds; (2) wooden 
headboards for beds (whether stand-alone or attached to side rails), 
wooden footboards for beds, wooden side rails for beds, and wooden 
canopies for beds; (3) night tables, night stands, dressers, commodes, 
bureaus, mule chests, gentlemen's chests, bachelor's chests, lingerie 
chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type 
cabinets; (4) dressers with framed glass mirrors that are attached to, 
incorporated in, sit on, or hang over the dresser; (5) chests-on-
chests,\6\ highboys,\7\ lowboys,\8\ chests of drawers,\9\ chests,\10\ 
door chests,\11\ chiffoniers,\12\ hutches,\13\ and armoires; \14\ (6) 
desks, computer stands, filing cabinets, book cases, or writing tables 
that are attached to or incorporated in the subject merchandise; and 
(7) other bedroom furniture consistent with the above list.
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    \6\ A chest-on-chest is typically a tall chest-of-drawers in two 
or more sections (or appearing to be in two or more sections), with 
one or two sections mounted (or appearing to be mounted) on a 
slightly larger chest; also known as a tallboy.
    \7\ A highboy is typically a tall chest of drawers usually 
composed of a base and a top section with drawers, and supported on 
four legs or a small chest (often 15 inches or more in height).
    \8\ A lowboy is typically a short chest of drawers, not more 
than four feet high, normally set on short legs.
    \9\ A chest of drawers is typically a case containing drawers 
for storing clothing.
    \10\ A chest is typically a case piece taller than it is wide 
featuring a series of drawers and with or without one or more doors 
for storing clothing. The piece can either include drawers or be 
designed as a large box incorporating a lid.
    \11\ A door chest is typically a chest with hinged doors to 
store clothing, whether or not containing drawers. The piece may 
also include shelves for televisions and other entertainment 
electronics.
    \12\ A chiffonier is typically a tall and narrow chest of 
drawers normally used for storing undergarments and lingerie, often 
with mirror(s) attached.
    \13\ A hutch is typically an open case of furniture with shelves 
that typically sits on another piece of furniture and provides 
storage for clothes.
    \14\ An armoire is typically a tall cabinet or wardrobe 
(typically 50 inches or taller), with doors, and with one or more 
drawers (either exterior below or above the doors or interior behind 
the doors), shelves, and/or garment rods or other apparatus for 
storing clothes. Bedroom armoires may also be used to hold 
television receivers and/or other 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\ 
Also excluded from the scope

[[Page 57152]]

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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    \15\ As used herein, bentwood means solid wood made pliable. 
Bentwood is wood that is brought to a curved shape by bending it 
while made pliable with moist heat or other agency and then set by 
cooling or drying. See CBP's Headquarters Ruling Letter 043859, 
dated May 17, 1976.
    \16\ Any armoire, cabinet or other accent item for the purpose 
of storing jewelry, not to exceed 24 inches in width, 18 inches in 
depth, and 49 inches in height, including a minimum of 5 lined 
drawers lined with felt or felt-like material, at least one side 
door or one front door (whether or not the door is lined with felt 
or felt-like material), with necklace hangers, and a flip-top lid 
with inset mirror. See 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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    Also excluded from the scope are certain shoe cabinets 31.5-33.5 
inches wide by 15.5-17.5 inches deep by 34.5-36.5 inches high. They are 
designed strictly to store shoes, which are intended to be aligned in 
rows perpendicular to the wall along which the cabinet is positioned. 
Shoe cabinets do not have drawers, rods, or other indicia for the 
storage of clothing other than shoes. The cabinets are not designed, 
manufactured, or offered for sale in coordinated groups or sets and are 
made substantially of wood, have two to four shelves inside them, and 
are covered by doors. The doors often have blinds that are designed to 
allow air circulation and release of bad odors. The doors themselves 
may be made of wood or glass. The depth of the shelves does not exceed 
14 inches. Each shoe cabinet has doors, adjustable shelving, and 
ventilation holes.
    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.

Instructions to U.S. Customs and Border Protection

    Because we determine that there are changed circumstances that 
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 merchandise covered by this revocation 
that are not covered by the final results of an administrative review 
or automatic liquidation.

Notification

    This notice serves as a reminder to parties subject to an 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    We are issuing and publishing these final results and revocation, 
in part, and notice in accordance with sections 751(b) and 777(i) of 
the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

     Dated: September 14, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-24090 Filed 9-21-15; 8:45 am]
BILLING CODE 3510-DS-P