80 FR 61170 - 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
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 196 (October 9, 2015)
International Trade Administration
Federal Register Volume 80, Issue 196 (October 9, 2015)
| Page Range | 61170-61172 | |
| FR Document | 2015-25812 |
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)] [Notices] [Pages 61170-61172] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25812] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-890] Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of Changed Circumstances Review, and Intent To Revoke Antidumping Duty Order in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 10, 2015, the Department of Commerce (the ``Department'') received a request for revocation, in part, of the antidumping duty (``AD'') order on wooden bedroom furniture from the People's Republic of China (``PRC'') \1\ with respect to certain bed bases. We preliminarily determine that the producers accounting for substantially all of the production of the domestic like product to which the Order pertains lack interest in the relief provided by the Order with respect certain bed bases described below. Accordingly, we intend to revoke, in part, the Order as to certain bed bases. The Department invites interested parties to comment on these preliminary results. --------------------------------------------------------------------------- \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''). --------------------------------------------------------------------------- DATES: Effective Date: October 9, 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 April 10, 2015, the Department received a request on behalf of Olollo, Inc. (``Olollo'') for a changed circumstances review to revoke, in part, the Order with respect to certain bed bases.\2\ On April 27, 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 Olollo for certain bed bases.\3\ --------------------------------------------------------------------------- \2\ See submission from Olollo, ``Changed Circumstance Review Wooden Bedroom Furniture from the People's Republic of China'' dated April 10, 2015 (``Olollo's Request''). \3\ See April 27, 2015 letter from Petitioners Re: Wooden Bedroom Furniture From The People's Republic of China/Petitioners' Response to Olollo's Letter of April 10, 2015. --------------------------------------------------------------------------- On June 1, 2015, the Department published the Initiation Notice for the requested changed circumstances review in the Federal Register.\4\ Because the statement submitted by Petitioners in support of Olollo's Request did not indicate whether Petitioners account for substantially all of the domestic wooden bedroom furniture production, in the Initiation Notice, the Department invited interested parties to submit comments concerning industry support for the revocation in part, with respect to certain bed bases, as well as comments and/or factual information regarding the changed circumstances review. No parties commented. --------------------------------------------------------------------------- \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 31014 (June 1, 2015) (``Initiation Notice''). --------------------------------------------------------------------------- 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,\5\ highboys,\6\ lowboys,\7\ chests of drawers,\8\ chests,\9\ door chests,\10\ chiffoniers,\11\ hutches,\12\ and armoires; \13\ (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. --------------------------------------------------------------------------- \5\ 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. \6\ 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). \7\ A lowboy is typically a short chest of drawers, not more than four feet high, normally set on short legs. \8\ A chest of drawers is typically a case containing drawers for storing clothing. \9\ 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. \10\ 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. \11\ A chiffonier is typically a tall and narrow chest of drawers normally used for storing undergarments and lingerie, often with mirror(s) attached. \12\ A hutch is typically an open case of furniture with shelves that typically sits on another piece of furniture and provides storage for clothes. \13\ 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. --------------------------------------------------------------------------- The scope of the order excludes the following items: (1) Seats, chairs, benches, couches, sofas, sofa beds, stools, and other seating furniture; (2) [[Page 61171]] 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; \14\ (9) jewelry armories; \15\ (10) cheval mirrors; \16\ (11) certain metal parts; \17\ (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; \18\ and (14) toy boxes.\19\ 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. --------------------------------------------------------------------------- \14\ 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. \15\ 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). \16\ 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). \17\ 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. \18\ 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). \19\ 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. --------------------------------------------------------------------------- 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. Scope of the Changed Circumstances Review The scope of the Order currently does not exclude certain bed bases. Olollo proposes adding the following language in the scope of the Order: ``Also excluded from the scope are certain bed bases consisting of: (1) A wooden box frame, (2) three wooden cross beams and one perpendicular center wooden support beam, and (3) wooden slats over the beams. These bed bases are constructed without inner springs and/or coils and do not include a headboard, footboard, side rails, or mattress. The bed bases are imported unassembled.'' Preliminary Results of the Changed Circumstances Review, and Intent To Revoke the Order, in Part Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.222(g), the Department may revoke an AD order, in whole or in part, based on a review under section 751(b) of the Act (i.e., a changed circumstances review). Section 751(b)(1) of the Act requires a changed [[Page 61172]] circumstances review to be conducted upon receipt of a request which shows changed circumstances sufficient to warrant a review. Section 782(h)(2) of the Act gives the Department the authority to revoke an order if producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order. 19 CFR 351.222(g) provides that the Department will conduct a changed circumstances review under 19 CFR 351.216, and may revoke an order (in whole or in part), if it concludes that: (i) Producers accounting for substantially all of the production of the domestic like product to which the order pertains have expressed a lack of interest in the relief provided by the order, in whole or in part, or (ii) if other changed circumstances sufficient to warrant revocation exist. Both the Act and the Department's regulations require that ``substantially all'' domestic producers express a lack of interest in the order for the Department to revoke the order, in whole or in part.\20\ The Department has interpreted ``substantially all'' to represent producers accounting for at least 85 percent of U.S. production of the domestic like product.\21\ --------------------------------------------------------------------------- \20\ See section 782(h) of the Act and 19 CFR 351.222(g). \21\ See Honey From Argentina; Antidumping and Countervailing Duty Changed Circumstances Reviews; Preliminary Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 (November 14, 2012), unchanged in Honey From Argentina; Final Results of Antidumping and Countervailing Duty Changed Circumstances Reviews; Revocation of Antidumping and Countervailing Duty Orders, 77 FR 77029 (December 31, 2012)(``Honey From Argentina''). --------------------------------------------------------------------------- The Department's regulations do not specify a deadline for the issuance of the preliminary results of a changed circumstances review, but provide that the Department will issue the final results of review within 270 days after the date on which the changed circumstances review is initiated, or within 45 days if all parties to the proceeding agree to the outcome of the review.\22\ The Department did not issue a combined notice of initiation and preliminary results because the statement provided by Petitioners and offered in support of Olollo's Request did not indicate whether Petitioners account for substantially all domestic wooden bedroom furniture production.\23\ Thus, the Department did not determine in the Initiation Notice that producers accounting for substantially all of the production of the domestic like product lacked interest in the continued application of the Order as to certain bed bases. Further, the Department invited interested parties to comment on the issue of domestic industry support of the proposed partial revocation.\24\ Because the Department received no comments concerning a lack of industry support or opposing initiation of this changed circumstances review of the Order, the Department now preliminarily finds that producers accounting for substantially all of the production of the domestic like product lack interest in the relief afforded by the Order with respect to the bed bases described in Olollo's Request. The Department will consider comments from interested parties on these preliminary results before issuing the final results of this review.\25\ --------------------------------------------------------------------------- \22\ See 19 CFR 351.216(e). \23\ See Initiation Notice. \24\ Id. \25\ See, e.g., Honey From Argentina; Antidumping and Countervailing Duty Changed Circumstances Reviews; Preliminary Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 (November 14, 2012); Aluminum Extrusions From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent to Revoke Antidumping and Countervailing Duty Orders in Part, 78 FR 66895 (November 7, 2013); see also 19 CFR 351.222(g)(1)(v). --------------------------------------------------------------------------- As noted in the Initiation Notice, Olollo requested revocation of the Order, in part, and supported its request. In light of Olollo's Request, and the absence of any interested party comments during the comment period, we preliminarily conclude that changed circumstances warrant revocation of the Order, in part, with respect to certain bed bases 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 bed bases that are the subject of Olollo's Request. Accordingly, we are notifying the public of our intent to revoke the Order, in part, with respect to certain bed bases. We intend to revoke the Order as to certain bed bases by including the following language in the scope of the Order: Also excluded from the scope are certain bed bases consisting of: (1) A wooden box frame, (2) three wooden cross beams and one perpendicular center wooden support beam, and (3) wooden slats over the beams. These bed bases are constructed without inner springs and/or coils and do not include a headboard, footboard, side rails, or mattress. The bed bases are imported unassembled. Public Comment Interested parties are invited to comment on these preliminary results in accordance with 19 CFR 351.309(c)(1)(ii). Written comments may be submitted no later than 14 days after the date of publication of these preliminary results. Rebuttals to written comments, limited to issues raised in such comments, may be filed no later than seven days after the due date for comments. All submissions must be filed electronically using Enforcement and Compliance's AD and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. An electronically filed document must be received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the day it is due. The Department will issue the final results of this changed circumstances review, which will include its analysis of any written comments, no later than 270 days after the date on which this review was initiated. If, in the final results of this review, the Department continues to determine that changed circumstances warrant the revocation of the Order, in part, with respect to certain bed bases, the Department will instruct U.S. Customs and Border Protection to liquidate without regard to antidumping duties, and to refund any estimated antidumping duties on, all unliquidated entries of the merchandise covered by the revocation that are not covered by the final results of an administrative review or automatic liquidation. The current requirement for cash deposits of estimated antidumping duties on all entries of subject merchandise will continue unless it is modified pursuant to the final results of this changed circumstances review. These preliminary results of review and notice are in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19 CFR 351.222. Dated: October 2, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-25812 Filed 10-8-15; 8:45 am] BILLING CODE 3510-DS-P
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E. Margin for Companies Not Receiving a Compliance, International Trade as plywood, strand board, particle
Separate Rate Administration, U.S. Department of board, and fiberboard, with or without
F. PRC-Wide Entity Commerce, 14th Street and Constitution wood veneers, wood overlays, or
G. Application of Facts Available and Use Avenue NW., Washington, DC 20230; laminates, with or without non-wood
of Adverse Inferences
H. Surrogate Country and Surrogate Value
telephone: (202) 482–5720 or (202) 482– components or trim such as metal,
Data 5193, respectively. marble, leather, glass, plastic, or other
I. Surrogate Country resins, and whether or not assembled,
Background completed, or finished.
J. Economic Comparability
K. Significant Producers of Identical or On January 4, 2005, the Department The subject merchandise includes the
Comparable Merchandise published the Order in the Federal following items: (1) Wooden beds such
L. Data Availability Register. On April 10, 2015, the as loft beds, bunk beds, and other beds;
M. Date of Sale Department received a request on behalf (2) wooden headboards for beds
N. Comparisons to Normal Value of Olollo, Inc. (‘‘Olollo’’) for a changed (whether stand-alone or attached to side
O. Export Price and Constructed Export circumstances review to revoke, in part, rails), wooden footboards for beds,
Price wooden side rails for beds, and wooden
the Order with respect to certain bed
P. Value-Added Tax
Q. Normal Value bases.2 On April 27, 2015, the American canopies for beds; (3) night tables, night
R. Factor Evaluations Furniture Manufacturers Committee for stands, dressers, commodes, bureaus,
S. Adjustment Under Section 777A(f) of Legal Trade and Vaughan-Bassett mule chests, gentlemen’s chests,
the Act Furniture Company, Inc. (collectively, bachelor’s chests, lingerie chests,
VIII. Currency Conversion ‘‘Petitioners’’) stated that they agree wardrobes, vanities, chessers,
IX. Recommendation with the scope exclusion language chifforobes, and wardrobe-type cabinets;
[FR Doc. 2015–25804 Filed 10–8–15; 8:45 am] proposed by Olollo for certain bed (4) dressers with framed glass mirrors
BILLING CODE 3510–DS–P bases.3 that are attached to, incorporated in, sit
On June 1, 2015, the Department on, or hang over the dresser; (5) chests-
published the Initiation Notice for the on-chests,5 highboys,6 lowboys,7 chests
DEPARTMENT OF COMMERCE requested changed circumstances of drawers,8 chests,9 door chests,10
review in the Federal Register.4 Because chiffoniers,11 hutches,12 and
International Trade Administration the statement submitted by Petitioners armoires; 13 (6) desks, computer stands,
[A–570–890] in support of Olollo’s Request did not filing cabinets, book cases, or writing
indicate whether Petitioners account for tables that are attached to or
Wooden Bedroom Furniture From the substantially all of the domestic wooden incorporated in the subject
People’s Republic of China: bedroom furniture production, in the merchandise; and (7) other bedroom
Preliminary Results of Changed Initiation Notice, the Department furniture consistent with the above list.
Circumstances Review, and Intent To invited interested parties to submit The scope of the order excludes the
Revoke Antidumping Duty Order in comments concerning industry support following items: (1) Seats, chairs,
Part for the revocation in part, with respect benches, couches, sofas, sofa beds,
to certain bed bases, as well as stools, and other seating furniture; (2)
AGENCY: Enforcement and Compliance, comments and/or factual information
International Trade Administration, regarding the changed circumstances 5 A chest-on-chest is typically a tall chest-of-
Department of Commerce. review. No parties commented. drawers in two or more sections (or appearing to be
in two or more sections), with one or two sections
SUMMARY: On April 10, 2015, the mounted (or appearing to be mounted) on a slightly
Department of Commerce (the Scope of the Order
larger chest; also known as a tallboy.
‘‘Department’’) received a request for The product covered by the order is 6 A highboy is typically a tall chest of drawers
revocation, in part, of the antidumping wooden bedroom furniture. Wooden usually composed of a base and a top section with
drawers, and supported on four legs or a small chest
duty (‘‘AD’’) order on wooden bedroom bedroom furniture is generally, but not (often 15 inches or more in height).
furniture from the People’s Republic of exclusively, designed, manufactured, 7 A lowboy is typically a short chest of drawers,
China (‘‘PRC’’) 1 with respect to certain and offered for sale in coordinated not more than four feet high, normally set on short
bed bases. We preliminarily determine groups, or bedrooms, in which all of the legs.
8 A chest of drawers is typically a case containing
that the producers accounting for individual pieces are of approximately
drawers for storing clothing.
substantially all of the production of the the same style and approximately the 9 A chest is typically a case piece taller than it
domestic like product to which the same material and/or finish. The subject is wide featuring a series of drawers and with or
Order pertains lack interest in the relief merchandise is made substantially of without one or more doors for storing clothing. The
provided by the Order with respect wood products, including both solid piece can either include drawers or be designed as
certain bed bases described below. wood and also engineered wood a large box incorporating a lid.
10 A door chest is typically a chest with hinged
Accordingly, we intend to revoke, in products made from wood particles, doors to store clothing, whether or not containing
part, the Order as to certain bed bases. fibers, or other wooden materials such drawers. The piece may also include shelves for
The Department invites interested televisions and other entertainment electronics.
parties to comment on these preliminary 2 See submission from Olollo, ‘‘Changed 11 A chiffonier is typically a tall and narrow chest
results. Circumstance Review Wooden Bedroom Furniture of drawers normally used for storing undergarments
from the People’s Republic of China’’ dated April and lingerie, often with mirror(s) attached.
DATES: Effective Date: October 9, 2015. 10, 2015 (‘‘Olollo’s Request’’). 12 A hutch is typically an open case of furniture
3 See April 27, 2015 letter from Petitioners Re: with shelves that typically sits on another piece of
FOR FURTHER INFORMATION CONTACT: Cara
Wooden Bedroom Furniture From The People’s furniture and provides storage for clothes.
tkelley on DSK3SPTVN1PROD with NOTICES
Lofaro or Howard Smith, AD/CVD Republic of China/Petitioners’ Response to Olollo’s 13 An armoire is typically a tall cabinet or
Operations, Office IV, Enforcement and Letter of April 10, 2015. wardrobe (typically 50 inches or taller), with doors,
4 See Wooden Bedroom Furniture from the and with one or more drawers (either exterior below
1 See Notice of Amended Final Determination of People’s Republic of China: Notice of Initiation of or above the doors or interior behind the doors),
Sales at Less Than Fair Value and Antidumping Changed Circumstances Review, and Consideration shelves, and/or garment rods or other apparatus for
Duty Order: Wooden Bedroom Furniture From the of Revocation of the Antidumping Duty Order in storing clothes. Bedroom armoires may also be used
People’s Republic of China, 70 FR 329 (January 4, Part, 80 FR 31014 (June 1, 2015) (‘‘Initiation to hold television receivers and/or other audio-
2005) (‘‘Order’’). Notice’’). visual entertainment systems.
VerDate Sep<11>2014 17:44 Oct 08, 2015 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\09OCN1.SGM 09OCN1](https://thefederalregister.org/doc/80_FR_61366/page/1.svg)
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circumstances review to be conducted Department invited interested parties to comments, limited to issues raised in
upon receipt of a request which shows comment on the issue of domestic such comments, may be filed no later
changed circumstances sufficient to industry support of the proposed partial than seven days after the due date for
warrant a review. Section 782(h)(2) of revocation.24 Because the Department comments. All submissions must be
the Act gives the Department the received no comments concerning a lack filed electronically using Enforcement
authority to revoke an order if producers of industry support or opposing and Compliance’s AD and
accounting for substantially all of the initiation of this changed circumstances Countervailing Duty Centralized
production of the domestic like product review of the Order, the Department Electronic Service System (‘‘ACCESS’’).
have expressed a lack of interest in the now preliminarily finds that producers ACCESS is available to registered users
order. 19 CFR 351.222(g) provides that accounting for substantially all of the at http://access.trade.gov and in the
the Department will conduct a changed production of the domestic like product Central Records Unit, Room B8024 of
circumstances review under 19 CFR lack interest in the relief afforded by the the main Department of Commerce
351.216, and may revoke an order (in Order with respect to the bed bases building. An electronically filed
whole or in part), if it concludes that: (i) described in Olollo’s Request. The document must be received successfully
Producers accounting for substantially Department will consider comments in its entirety by ACCESS, by 5 p.m.
all of the production of the domestic from interested parties on these Eastern Time on the day it is due.
like product to which the order pertains preliminary results before issuing the The Department will issue the final
have expressed a lack of interest in the final results of this review.25 results of this changed circumstances
relief provided by the order, in whole or As noted in the Initiation Notice, review, which will include its analysis
in part, or (ii) if other changed Olollo requested revocation of the of any written comments, no later than
circumstances sufficient to warrant Order, in part, and supported its 270 days after the date on which this
revocation exist. Both the Act and the request. In light of Olollo’s Request, and review was initiated.
Department’s regulations require that the absence of any interested party If, in the final results of this review,
‘‘substantially all’’ domestic producers comments during the comment period, the Department continues to determine
express a lack of interest in the order for we preliminarily conclude that changed that changed circumstances warrant the
the Department to revoke the order, in circumstances warrant revocation of the revocation of the Order, in part, with
whole or in part.20 The Department has Order, in part, with respect to certain respect to certain bed bases, the
interpreted ‘‘substantially all’’ to bed bases because the producers Department will instruct U.S. Customs
represent producers accounting for at accounting for substantially all of the and Border Protection to liquidate
least 85 percent of U.S. production of production of the domestic like product without regard to antidumping duties,
the domestic like product.21 to which the Order pertains lack interest and to refund any estimated
The Department’s regulations do not in the relief provided by the Order with antidumping duties on, all unliquidated
specify a deadline for the issuance of respect to the bed bases that are the entries of the merchandise covered by
the preliminary results of a changed subject of Olollo’s Request. the revocation that are not covered by
circumstances review, but provide that Accordingly, we are notifying the the final results of an administrative
the Department will issue the final public of our intent to revoke the Order, review or automatic liquidation.
results of review within 270 days after in part, with respect to certain bed The current requirement for cash
the date on which the changed bases. We intend to revoke the Order as deposits of estimated antidumping
circumstances review is initiated, or to certain bed bases by including the duties on all entries of subject
within 45 days if all parties to the following language in the scope of the merchandise will continue unless it is
proceeding agree to the outcome of the Order: modified pursuant to the final results of
review.22 The Department did not issue Also excluded from the scope are certain
this changed circumstances review.
a combined notice of initiation and bed bases consisting of: (1) A wooden box These preliminary results of review
preliminary results because the frame, (2) three wooden cross beams and one and notice are in accordance with
statement provided by Petitioners and perpendicular center wooden support beam, sections 751(b) and 777(i) of the Act and
offered in support of Olollo’s Request and (3) wooden slats over the beams. These 19 CFR 351.221 and 19 CFR 351.222.
did not indicate whether Petitioners bed bases are constructed without inner
Dated: October 2, 2015.
account for substantially all domestic springs and/or coils and do not include a
headboard, footboard, side rails, or mattress. Ronald K. Lorentzen,
wooden bedroom furniture The bed bases are imported unassembled. Acting Assistant Secretary for Enforcement
production.23 Thus, the Department did and Compliance.
not determine in the Initiation Notice Public Comment [FR Doc. 2015–25812 Filed 10–8–15; 8:45 am]
that producers accounting for
substantially all of the production of the Interested parties are invited to BILLING CODE 3510–DS–P
domestic like product lacked interest in comment on these preliminary results in
the continued application of the Order accordance with 19 CFR
351.309(c)(1)(ii). Written comments may DEPARTMENT OF COMMERCE
as to certain bed bases. Further, the
be submitted no later than 14 days after International Trade Administration
20 See section 782(h) of the Act and 19 CFR the date of publication of these
351.222(g). preliminary results. Rebuttals to written [A–570–904]
21 See Honey From Argentina; Antidumping and
Countervailing Duty Changed Circumstances 24 Id. Certain Activated Carbon From the
Reviews; Preliminary Intent to Revoke Antidumping 25 See, e.g., Honey From Argentina; Antidumping People’s Republic of China: Final
and Countervailing Duty Orders, 77 FR 67790, and Countervailing Duty Changed Circumstances Results of Antidumping Duty
tkelley on DSK3SPTVN1PROD with NOTICES
67791 (November 14, 2012), unchanged in Honey Reviews; Preliminary Intent to Revoke Antidumping
From Argentina; Final Results of Antidumping and
Administrative Review; 2013–2014
and Countervailing Duty Orders, 77 FR 67790,
Countervailing Duty Changed Circumstances 67791 (November 14, 2012); Aluminum Extrusions AGENCY: Enforcement and Compliance,
Reviews; Revocation of Antidumping and From the People’s Republic of China: Preliminary
Countervailing Duty Orders, 77 FR 77029 International Trade Administration,
Results of Changed Circumstances Reviews, and
(December 31, 2012)(‘‘Honey From Argentina’’). Intent to Revoke Antidumping and Countervailing Department of Commerce.
22 See 19 CFR 351.216(e).
Duty Orders in Part, 78 FR 66895 (November 7, SUMMARY: The Department of Commerce
23 See Initiation Notice. 2013); see also 19 CFR 351.222(g)(1)(v). (‘‘Department’’) published its
VerDate Sep<11>2014 17:44 Oct 08, 2015 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\09OCN1.SGM 09OCN1](https://thefederalregister.org/doc/80_FR_61366/page/3.svg)
Document Created: 2015-12-15 08:33:31
Document Modified: 2015-12-15 08:33:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| 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. | |
| FR Citation | 80 FR 61170 |
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