80 FR 67417 - Wooden Bedroom Furniture From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 211 (November 2, 2015)

Page Range		67417-67420
FR Document		2015-27661

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on wooden bedroom furniture from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is December 2, 2015. Comments on the adequacy of responses may be filed with the Commission by January 14, 2016. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 211 (Monday, November 2, 2015)

[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67417-67420]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-27661]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1058 (Second Review)]

Wooden Bedroom Furniture From China; Institution of a Five-Year
Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to
determine whether revocation of the antidumping duty order on wooden
bedroom furniture from China would be likely to lead to continuation or
recurrence of material injury. Pursuant to the Act, interested parties
are requested to respond to this notice by submitting the information
specified below to the

[[Page 67418]]

Commission; \1\ to be assured of consideration, the deadline for
responses is December 2, 2015. Comments on the adequacy of responses
may be filed with the Commission by January 14, 2016.
---------------------------------------------------------------------------

\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117-0016/USITC No. 15-5-347,
expiration date June 30, 2017. Public reporting burden for the
request is estimated to average 15 hours per response. Please send
comments regarding the accuracy of this burden estimate to the
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436.

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DATES: Effective Date: November 2, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov). The public record for this proceeding may be
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
Background.-- On January 4, 2005, the Department of Commerce issued
an antidumping duty order on imports of wooden bedroom furniture from
China (70 FR 329). Following the first five-year reviews by Commerce
and the Commission, effective December 30, 2010, Commerce issued a
continuation of the antidumping duty order on imports of wooden bedroom
furniture from China (75 FR 82373). The Commission is now conducting a
second review pursuant to section 751(c) of the Act, as amended (19
U.S.C. 1675(c)), to determine whether revocation of the order would be
likely to lead to continuation or recurrence of material injury to the
domestic industry within a reasonably foreseeable time. Provisions
concerning the conduct of this proceeding may be found in the
Commission's Rules of Practice and Procedure at 19 CFR parts 201,
Subparts A and B and 19 CFR part 207, subparts A and F. The Commission
will assess the adequacy of interested party responses to this notice
of institution to determine whether to conduct a full review or an
expedited review. The Commission's determination in any expedited
review will be based on the facts available, which may include
information provided in response to this notice.
Definitions.--The following definitions apply to this review:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by the Department
of Commerce.
(2) The Subject Country in this review is China.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination and its full first five-year review determination, the
Commission found one Domestic Like Product consisting of all wooden
bedroom furniture, including both joinery and non-joinery forms,
coextensive with Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination, the
Commission defined the Domestic Industry as all domestic producers of
wooden bedroom furniture. In its full first five-year review
determination, the Commission defined the Domestic Industry as all
producers of the Domestic Like Product, except those firms for which it
specifically excluded because their primary interest was as Importers
of the Subject Merchandise rather than as Domestic Producers. Certain
Commissioners defined the Domestic Industry differently in the full
first five-year review.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at
202-205-3088.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with this proceeding must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will be deemed to consent,
unless otherwise specified, for the Commission, its employees, and
contract personnel to use the information provided in any other reviews
or investigations of the same or comparable products which the

[[Page 67419]]

Commission conducts under Title VII of the Act, or in internal audits
and investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is December 2, 2015. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct an expedited or full review. The deadline for filing
such comments is January 14, 2016. All written submissions must conform
with the provisions of sections 201.8 and 207.3 of the Commission's
rules and any submissions that contain BPI must also conform with the
requirements of sections 201.6 and 207.7 of the Commission's rules.
Please be aware that the Commission's rules with respect to filing have
changed. The most recent amendments took effect on July 25, 2014. See
79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-
filing, available from the Commission's Web site at http://edis.usitc.gov. Also, in accordance with sections 201.16(c) and 207.3
of the Commission's rules, each document filed by a party to the
proceeding must be served on all other parties to the proceeding (as
identified by either the public or APO service list as appropriate),
and a certificate of service must accompany the document (if you are
not a party to the proceeding you do not need to serve your response).
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determination in the review.
Information to be Provided In Response to This Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty order on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2009.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2014, except as noted (report quantity
data in terms of both pieces and pounds and value data in U.S. dollars,
f.o.b. plant). If you are a union/worker group or trade/business
association, provide the information, on an aggregate basis, for the
firms in which your workers are employed/which are members of your
association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (i.e., the level of production that your establishment(s) could
reasonably have expected to attain during the year, assuming normal
operating conditions (using equipment and machinery in place and ready
to operate), normal operating levels (hours per week/weeks per year),
time for downtime, maintenance, repair, and cleanup, and a typical or
representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2014 (report quantity data in terms of
both pieces and pounds and value data in U.S. dollars). If you are a
trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject

[[Page 67420]]

Merchandise imported from the Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from the Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2014 (report quantity
data in terms of both pieces and pounds and value data in U.S. dollars,
landed and duty-paid at the U.S. port but not including antidumping or
countervailing duties). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (i.e., the level of production that
your establishment(s) could reasonably have expected to attain during
the year, assuming normal operating conditions (using equipment and
machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country after 2009, and significant changes,
if any, that are likely to occur within a reasonably foreseeable time.
Supply conditions to consider include technology; production methods;
development efforts; ability to increase production (including the
shift of production facilities used for other products and the use,
cost, or availability of major inputs into production); and factors
related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in
market demand abroad). Demand conditions to consider include end uses
and applications; the existence and availability of substitute
products; and the level of competition among the Domestic Like Product
produced in the United States, Subject Merchandise produced in the
Subject Country, and such merchandise from other countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.

Authority: This proceeding is being conducted under authority
of Title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.

By order of the Commission.

Issued: October 26, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-27661 Filed 10-30-15; 8:45 am]
BILLING CODE 7020-02-P

67418 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices

Commission; 1 to be assured of Commission’s determination in any or their representatives, who are parties
consideration, the deadline for expedited review will be based on the to the proceeding.
responses is December 2, 2015. facts available, which may include Former Commission employees who
Comments on the adequacy of responses information provided in response to this are seeking to appear in Commission
may be filed with the Commission by notice. five-year reviews are advised that they
January 14, 2016. Definitions.—The following may appear in a review even if they
DATES: Effective Date: November 2, definitions apply to this review: participated personally and
2015. (1) Subject Merchandise is the class or substantially in the corresponding
kind of merchandise that is within the underlying original investigation or an
FOR FURTHER INFORMATION CONTACT:
scope of the five-year review, as defined earlier review of the same underlying
Mary Messer (202–205–3193), Office of by the Department of Commerce. investigation. The Commission’s
Investigations, U.S. International Trade (2) The Subject Country in this review designated agency ethics official has
Commission, 500 E Street SW., is China. advised that a five-year review is not the
Washington, DC 20436. Hearing- (3) The Domestic Like Product is the same particular matter as the underlying
impaired persons can obtain domestically produced product or original investigation, and a five-year
information on this matter by contacting products which are like, or in the review is not the same particular matter
the Commission’s TDD terminal on 202– absence of like, most similar in as an earlier review of the same
205–1810. Persons with mobility characteristics and uses with, the underlying investigation for purposes of
impairments who will need special Subject Merchandise. In its original 18 U.S.C. 207, the post employment
assistance in gaining access to the determination and its full first five-year statute for Federal employees, and
Commission should contact the Office review determination, the Commission Commission rule 201.15(b) (19 CFR
of the Secretary at 202–205–2000. found one Domestic Like Product 201.15(b)), 79 FR 3246 (Jan. 17, 2014),
General information concerning the consisting of all wooden bedroom 73 FR 24609 (May 5, 2008).
Commission may also be obtained by furniture, including both joinery and Consequently, former employees are not
accessing its internet server (http:// non-joinery forms, coextensive with required to seek Commission approval
www.usitc.gov). The public record for Commerce’s scope. to appear in a review under Commission
this proceeding may be viewed on the (4) The Domestic Industry is the U.S. rule 19 CFR 201.15, even if the
Commission’s electronic docket (EDIS) producers as a whole of the Domestic corresponding underlying original
at http://edis.usitc.gov. Like Product, or those producers whose investigation or an earlier review of the
SUPPLEMENTARY INFORMATION: collective output of the Domestic Like same underlying investigation was
Background.— On January 4, 2005, Product constitutes a major proportion pending when they were Commission
the Department of Commerce issued an of the total domestic production of the employees. For further ethics advice on
antidumping duty order on imports of product. In its original determination, this matter, contact Carol McCue
wooden bedroom furniture from China the Commission defined the Domestic Verratti, Deputy Agency Ethics Official,
(70 FR 329). Following the first five-year Industry as all domestic producers of at 202–205–3088.
reviews by Commerce and the wooden bedroom furniture. In its full Limited disclosure of business
Commission, effective December 30, first five-year review determination, the proprietary information (BPI) under an
2010, Commerce issued a continuation Commission defined the Domestic administrative protective order (APO)
of the antidumping duty order on Industry as all producers of the and APO service list.—Pursuant to
imports of wooden bedroom furniture Domestic Like Product, except those section 207.7(a) of the Commission’s
from China (75 FR 82373). The firms for which it specifically excluded rules, the Secretary will make BPI
Commission is now conducting a because their primary interest was as submitted in this proceeding available
second review pursuant to section Importers of the Subject Merchandise to authorized applicants under the APO
751(c) of the Act, as amended (19 U.S.C. rather than as Domestic Producers. issued in the proceeding, provided that
1675(c)), to determine whether Certain Commissioners defined the the application is made no later than 21
revocation of the order would be likely Domestic Industry differently in the full days after publication of this notice in
to lead to continuation or recurrence of first five-year review. the Federal Register. Authorized
material injury to the domestic industry (5) An Importer is any person or firm applicants must represent interested
within a reasonably foreseeable time. engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9),
Provisions concerning the conduct of parent company or subsidiary, in who are parties to the proceeding. A
this proceeding may be found in the importing the Subject Merchandise into separate service list will be maintained
Commission’s Rules of Practice and the United States from a foreign by the Secretary for those parties
Procedure at 19 CFR parts 201, Subparts manufacturer or through its selling authorized to receive BPI under the
A and B and 19 CFR part 207, subparts agent. APO.
A and F. The Commission will assess Participation in the proceeding and Certification.—Pursuant to section
the adequacy of interested party public service list.—Persons, including 207.3 of the Commission’s rules, any
responses to this notice of institution to industrial users of the Subject person submitting information to the
determine whether to conduct a full Merchandise and, if the merchandise is Commission in connection with this
review or an expedited review. The sold at the retail level, representative proceeding must certify that the
consumer organizations, wishing to information is accurate and complete to
participate in the proceeding as parties the best of the submitter’s knowledge. In
asabaliauskas on DSK5VPTVN1PROD with NOTICES

1 No response to this request for information is

required if a currently valid Office of Management must file an entry of appearance with making the certification, the submitter
and Budget (OMB) number is not displayed; the
OMB number is 3117–0016/USITC No. 15–5–347,
the Secretary to the Commission, as will be deemed to consent, unless
expiration date June 30, 2017. Public reporting provided in section 201.11(b)(4) of the otherwise specified, for the
burden for the request is estimated to average 15 Commission’s rules, no later than 21 Commission, its employees, and
hours per response. Please send comments days after publication of this notice in contract personnel to use the
regarding the accuracy of this burden estimate to
the Office of Investigations, U.S. International Trade
the Federal Register. The Secretary will information provided in any other
Commission, 500 E Street SW., Washington, DC maintain a public service list containing reviews or investigations of the same or
20436. the names and addresses of all persons, comparable products which the

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Document Modified: 2018-03-01 11:30:11

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
Action		Notice.
Dates		Effective Date: November 2, 2015.
Contact		Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.
FR Citation		80 FR 67417