[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63829-63830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26870]
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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; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that eight companies, including the mandatory respondent, Decca
Furniture Ltd. (Decca), have not established their entitlement to a
separate rate and are part of the China-wide entity, and that five
companies had no reviewable transactions during the January 1, 2017,
through December 31, 2017, period of review (POR). We invite interested
parties to comment on these preliminary results.
DATES: Applicable December 12, 2018.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, 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.
SUPPLEMENTARY INFORMATION:
Background
After initiating this review with respect to 73 companies or
company groupings,\1\ interested parties withdrew all review requests
for 60 of the 73 companies. Thus, Commerce rescinded this review with
respect to those companies.\2\ On June 20, 2018, Commerce issued an
antidumping duty questionnaire to Decca, the only company under review
that filed a separate rate application. Decca did not respond to the
questionnaire. For a complete description of the events that followed
the initiation of this administrative review, see the Preliminary
Decision Memorandum which is hereby adopted by this notice.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 11685 (March 16, 2018) (Initiation
Notice).
\2\ See Wooden Bedroom Furniture from the People's Republic of
China: Notice of Partial Rescission of Antidumping Duty
Administrative Review, 83 FR 45607 (September 10, 2018).
\3\ See ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review: Wooden Bedroom Furniture
from the People's Republic of China,'' from James Maeder, Senior
Director, performing the duties of Deputy Assistant Secretary for
Antidumping Duty and Countervailing Duty Operations, to Gary
Taverman, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, performing the non-exclusive
functions and duties of the Assistant Secretary for Enforcement and
Compliance (Preliminary Decision Memorandum), dated concurrently
with this notice.
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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 version of the Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The product covered by the Order is wooden bedroom furniture,
subject to certain exceptions.\4\ Imports of subject merchandise are
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 9403.90.7005, 9403.90.7080, 9403.50.9041,
9403.60.8081, 9403.20.0018, 9403.90.8041, 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.\5\
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\4\ 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).
\5\ For a complete description of the scope of the Order, please
see the Preliminary Decision Memorandum.
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Methodology
Commerce 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
preliminary results of review, see the Preliminary Decision Memorandum.
A list of topics discussed in the Preliminary Decision Memorandum is
provided in the Appendix to this notice.
Preliminary Determination of No Shipments
Because U.S. Customs and Border Protection (CBP) did not provide
any information contradicting the claims of five of the companies under
review which claimed to have made no shipments, Commerce preliminarily
determines that these five companies did not have any reviewable
transactions during the POR.\6\ For additional information regarding
this determination, see the Preliminary Decision Memorandum. Consistent
with Commerce's practice in non-market economy (NME) cases, Commerce is
not rescinding this AR, in part, with respect to these five companies,
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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\6\ The five companies/company groupings are: (1) Dongguan
Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co.,
Ltd., Taicang Fairmount Designs Furniture Co., Ltd., Meizhou Sunrise
Furniture Co., Ltd.; (2) Dongguan Sunrise Furniture Co., Taicang
Sunrise Wood Industry Co., Ltd., Shanghai Sunrise Furniture Co.
Ltd., Fairmont Designs; (3) Eurosa (Kunshan) Co., Ltd., Eurosa
Furniture Co., (PTE) Ltd.; (4) Shenyang Shining Dongxing Furniture
Co., Ltd. (Shenyang Shining); and (5) Yeh Brothers World Trade Inc.
\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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Separate Rates
Decca was the only company under review that submitted a separate
rate application, and Commerce issued the antidumping duty
questionnaire to Decca as the sole mandatory respondent. However, as
noted above, Decca did not respond to Commerce's antidumping duty
questionnaire. Therefore, Commerce preliminarily determines that Decca
did not establish its eligibility for separate rate status. In
addition, seven other companies for which a review was requested failed
to provide separate rate applications or certifications.\8\ Therefore,
Commerce preliminarily determines that these eight companies are part
of the China-wide entity. Because no party requested a review of the
China-wide entity, the entity is not under review, and the entity's
dumping margin of 216.01 percent is not subject to change.\9\ For
[[Page 63830]]
additional information regarding this determination, see the
Preliminary Decision Memorandum.
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\8\ The seven companies are: (1) Dongguan Kingstone Furniture
Co., Ltd.; Kingstone Furniture Co., Ltd.; (2) Kunshan Summit
Furniture Co., Ltd.; (3) Qingdao Liangmu Co., Ltd.; (4) Restonic
(Dongguan) Furniture Ltd.; Restonic Far East (Samoa) Ltd.; (5)
Rizhao Sanmu Woodworking Co., Ltd.; (6) Techniwood Industries Ltd.;
Ningbo Furniture Industries Ltd.; Ningbo Hengrun Furniture Co.,
Ltd.; and (7) Zhangjiagang Zheng Yan Decoration Co., Ltd.
\9\ See Second Amended Final Results of Antidumping Duty
Administrative Review: Wooden Bedroom Furniture from the People's
Republic of China, 72 FR 62834 (November 7, 2007).
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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.\10\ 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 at the hearing will be limited to
issues raised in the case briefs. If a request for a hearing is made,
parties will be notified of the time and date of the hearing to be held
at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230.\11\
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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Unless extended, Commerce intends to 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 this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\12\ Commerce intends to issue
assessment instructions to CBP 15 days after the publication date of
the final results of this review. We intend to instruct CBP to
liquidate entries of subject merchandise exported by the China-wide
entity, including Decca and the other seven companies noted above which
did not qualify for separate rate status, at the China-wide rate.
Additionally, pursuant to Commerce's practice in NME cases, if we
continue to determine that the five companies noted above had no
shipments of subject merchandise, any suspended entries of subject
merchandise during the POR under their case numbers will be liquidated
at the China-wide rate.\13\
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\12\ See 19 CFR 351.212(b).
\13\ 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 this review for shipments of
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed China and non-China exporters that received a separate rate in
a prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (2) for all Chinese
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 China-wide entity, which is 216.01 percent; and (3) for all non-
China exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
China exporter that supplied that non-China 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification To Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.(b)(4).
Dated: December 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
(1) Summary
(2) Background
(3) Scope of the Order
(4) Discussion of the Methodology
a. NME Country Status
b. Separate Rates
c. Preliminary Determination of No Shipments
(5) Conclusion
[FR Doc. 2018-26870 Filed 12-11-18; 8:45 am]
BILLING CODE 3510-DS-P