Wooden Bedroom Furniture From the People's Republic of China: Final Results and Final Determination of No Shipments, In Part: 2014 Administrative Review

AGENCY:

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

SUMMARY:

On December 14, 2015, the Department of Commerce (the “Department”) published the preliminary results of the tenth administrative review (“AR”) of the antidumping duty order on wooden bedroom furniture (“WBF”) from the People's Republic of China (“PRC”), in accordance with sections 751(a)(1)(B) of the Tariff Act of 1930, as amended (“the Act”). The period of review (“POR”) is January 1, 2014, through December 31, 2014. The AR covers 18 PRC exporters of subject merchandise, of which the Department selected one company for individual examination, Shanghai Jian Pu Import & Export Co., Ltd. (“Shanghai Jian Pu”). The Department invited interested parties to comment on the Preliminary Results. We received comments from the American Furniture Manufactures Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. (“Petitioners”). No other party commented. After consideration of Petitioners' comments, our final results remain unchanged from the Preliminary Results.

DATES:

Effective Date: April 11, 2016.

FOR FURTHER INFORMATION CONTACT:

Jeff Pedersen, 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) 482-2769.

SUPPLEMENTARY INFORMATION:

Background

For a complete description of the events that followed the publication of the Preliminary Results, see the Issues and Decision Memorandum which is dated concurrently with, and hereby adopted by, this notice.

Scope of the Order

The product covered by the order is wooden bedroom furniture, subject to certain exceptions. 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, 9403.50.9041, 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.

Analysis of the Comments Received

The issues raised in Petitioners' case brief are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services System (“ACCESS”). ACCESS is available to registered users at http://access.trade.gov and it is available to all parties in the Central Records Unit of the main Department building, room B8024. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version of the Issues and Decision Memorandum are identical in content.

Separate Rates

In the Preliminary Results, the Department determined that seven companies under review, including Shanghai Jian Pu, the sole mandatory respondent, did not establish their eligibility for separate rate status and would be treated as part of the PRC-wide entity. We only received comments on the Preliminary Results from Petitioners, which agreed with our preliminary separate rates determination with respect to Shanghai Jian Pu and did not comment on any other entity under review. In these final results of review, we continue to determine that these seven companies should be treated as part of the PRC-wide entity because they have not established their separate rate eligibility. Because no party requested a review of the PRC-wide entity, we are not conducting a review of the PRC-wide entity. Thus, there is no change to the rate for the PRC-wide entity. The existing rate for the PRC-wide entity is 216.01 percent.

Final Determination of No Shipments

In the Preliminary Results, we determined that 11 companies subject to this AR had no shipments during the POR. We received no comments concerning our finding of no shipments by these 11 companies. In these final results of review, we continue to determine that these 11 companies had no shipments of subject merchandise during the POR.

Assessment Rates

Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of review. We intend to instruct CBP to liquidate POR entries of subject merchandise from the seven companies, including Shanghai Jian Pu, which failed to establish their eligibility for separate rate status at the rate applicable to the PRC-wide entity. For the 11 companies which the Department determined had no shipments during the POR, all suspended entries under any of those companies' antidumping case numbers will be liquidated at the assessment rate for the PRC-wide entity.

Cash Deposit Requirements

The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date in the Federal Register of the final results of review, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters which are not under review in this segment of the proceeding but which have separate rates, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Shanghai Jian Pu and the six companies noted above, the cash deposit rate will be the rate for the PRC-wide entity, which is 216.01 percent; (3) 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 final 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 the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

Administrative Protective Order

This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

Appendix

Summary

Background

Scope of the Order

Discussion of the Issues

Comment 1: Treatment of Shanghai Jian Pu Import & Export Co. Ltd.

Recommendation