80 FR 77321 - Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 239 (December 14, 2015)

The Department of Commerce (``the Department'') is conducting the tenth administrative review (``AR'') of the antidumping duty order on wooden bedroom furniture (``WBF'') from the People's Republic of China (``PRC''). The period of review (``POR'') is January 1, 2014, through December 31, 2014. We invite interested parties to comment on these preliminary results.

[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77321-77323]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31426]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2014

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the tenth administrative review (``AR'') of the antidumping duty order 
on wooden bedroom furniture (``WBF'') from the People's Republic of 
China (``PRC''). The period of review (``POR'') is January 1, 2014, 
through December 31, 2014. We invite interested parties to comment on 
these preliminary results.

DATES: Effective Date: December 14, 2015.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Jeffrey Pedersen, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0989, and (202) 482-
2769, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by the order is wooden bedroom furniture, 
subject to certain exceptions.\1\ Imports of subject merchandise are 
classified under the Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 9403.50.9042, 9403.50.9045, 9403.50.9080, 
9403.50.9042, 9403.50.9045, 9403.60.8081, 7009.92.1000 or 7009.92.5000. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written product description in the Order remains 
dispositive.\2\
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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\ For a complete description of the Scope of the Order, please 
see ``Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative Review: Wooden Bedroom Furniture from the 
People's Republic of China,'' from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations (``Preliminary 
Decision Memorandum''), dated concurrently with this notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.213. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted with this notice. A list of topics discussed in the Preliminary 
Decision Memorandum is provided as Appendix I to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping 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. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

PRC-Wide Entity

    The Department selected Shanghai Jian Pu Import & Export Co., Ltd. 
(``Jian Pu'') as the sole mandatory respondent.\3\ The Department 
preliminarily determines that Jian Pu did not establish its eligibility 
for a separate rate for the reasons explained in the Preliminary 
Decision Memorandum. Accordingly, we are preliminarily treating Jian Pu 
as part of the PRC-wide entity.
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    \3\ See Preliminary Decision Memorandum.
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    In addition, six other companies for which a review was requested 
failed to provide separate rate applications or certifications 
necessary to establish their eligibility for a separate rate.\4\ The

[[Page 77322]]

Department preliminarily determines that these seven companies, 
including Shanghai Jian Pu, are part of the PRC-wide entity. The PRC-
wide entity rate is 216.01 percent. For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
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    \4\ Those six companies, other than Shanghai Jian Pu, not 
establishing their eligibility for a separate rate are: (1) Baigou 
Crafts Factory of Fengkai; (2) Dongguan Hung Sheng Artware Products 
Co., Ltd., Coronal Enterprise Co., Ltd.; (3) Hualing Furniture 
(China) Co., Ltd., Tony House Manufacture (China) Co., Ltd., Buysell 
Investments Ltd., Tony House Industries Co., Ltd.; (4) Orient 
International Holding Shanghai Foreign Trade Co., Ltd.; (5) Prime 
Wood International Co., Ltd, Prime Best International Co., Ltd., 
Prime Best Factory, Liang Huang (Jiaxing) Enterprise Co., Ltd.; and 
(6) Woodworth Wooden Industries (Dong Guan) Co., Ltd. Although 
Woodworth Wooden Industries (Dong Guan) Co., Ltd. claimed to have no 
shipments of subject merchandise during the POR, the Department 
found evidence that contradicted this claim. See Memorandum from 
Patrick O'Connor, International Trade Compliance Analyst, Office IV, 
to Abdelali Elouaradia Director, Office IV, AD/CVD Operations, 
regarding the ``Antidumping Duty Administrative Review of Wooden 
Bedroom Furniture from the People's Republic of China: Analysis of 
No Exports, Sales, or Entries by Certain Companies,'' dated 
concurrently with this memorandum.
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Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection 
(``CBP'') information, and comments provided by a number of companies, 
the Department preliminarily determines that 11 of the companies for 
which an AR was requested and that claimed no shipments during this POR 
did not have any reviewable transactions during the POR.\5\ For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.\6\ Consistent with an announced 
refinement to its assessment practice in NME cases, the Department is 
not rescinding this AR, in part, but intends to complete the review 
with respect to the companies for which it has preliminarily found no 
shipments and issue appropriate instructions to CBP based on the final 
results of the review.\7\
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    \5\ Those 11 companies with no shipments during the POR are: (1) 
Clearwise Co., Ltd.; (2) Dongguan Chengcheng Furniture Co., Ltd.; 
(3) Dongguan Singways Furniture Co., Ltd.; (4) Eurosa (Kunshan) Co., 
Ltd., Eurosa Furniture Co., (Pte) Ltd.; (5) Golden Well 
International (HK) Ltd.; (6) Hangzhou Cadman Trading Co., Ltd.; (7) 
Rizhao Sanmu Woodworking Co., Ltd.; (8) Shenyang Shining Dongxing 
Furniture Co., Ltd.; (9) Wuxi Yushea Furniture Co., Ltd.; (10) Yeh 
Brothers World Trade Inc.; and (11) Zhejiang Tianyi Scientific & 
Educational Equipment Co., Ltd.
    \6\ See Memorandum from Patrick O'Connor, International Trade 
Compliance Analyst, Office IV, to Abdelali Elouaradia Director, 
Office IV, AD/CVD Operations, regarding the ``Antidumping Duty 
Administrative Review of Wooden Bedroom Furniture from the People's 
Republic of China: Analysis of No Exports, Sales, or Entries by 
Certain Companies,'' dated concurrently with this notice.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically using ACCESS, within 30 days of the date of publication 
of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, 
limited to issues raised in the case briefs, will be due five days 
after the due date for case briefs, pursuant to 19 CFR 351.309(d). 
Parties who submit case or rebuttal briefs in this review are requested 
to submit with each argument a statement of the issue, a summary of the 
argument not to exceed five pages, and a table of statutes, 
regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2).
    Any interested party may request a hearing within 30 days of 
publication of this notice.\8\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\9\
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d).
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    The Department will issue the final results of this AR, which will 
include the results of its analysis of issues raised in any briefs 
received, within 120 days of publication of these preliminary results, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results of these reviews, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate entries covered by this review.\10\ The Department intends 
to issue assessment instructions to CBP 15 days after the publication 
date of the final results of this review.
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    \10\ See 19 CFR 351.212(b).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin is above de minimis (i.e., 0.5 percent) 
in the final results of this review, the Department will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1).\11\ Where an importer- (or customer-) specific ad 
valorem rate is greater than de minimis, the Department will instruct 
CBP to collect the appropriate duties at the time of liquidation.\12\ 
Where either a respondent's weighted average dumping margin is zero or 
de minimis, or an importer- (or customer-) specific ad valorem dumping 
margin is zero or de minimis, the Department will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\13\ 
We intend to instruct CBP to liquidate entries of subject merchandise 
exported by the PRC-wide entity at the PRC-wide rate.
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    \11\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 351.212(b)(1).
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    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales database submitted by companies 
individually examined during the AR, the Department will instruct CBP 
to liquidate such entries at the PRC-wide rate. Additionally, if the 
Department determines that an exporter had no shipments of subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
PRC-wide rate.\14\
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    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these reviews for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the rate for the PRC-wide entity, which 
is 216.01 percent; and (2) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this

[[Page 77323]]

review period. Failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: December 2, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

(1) Summary
(2) Background
(3) Scope of the Order
(4) Respondent Selection
(5) DISCUSSION OF THE METHODOLOGY
    a. Preliminary Determination of No Shipments
    b. Duty Absorption
    c. NME Country Status
    d. Separate Rates
(6) Conclusion

[FR Doc. 2015-31426 Filed 12-11-15; 8:45 am]
 BILLING CODE 3510-DS-P