[Federal Register: November 24, 2003 (Volume 68, Number 226)]
[Notices]
[Page 65875-65879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no03-26]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Notice of Request for Information and Extension of Time: Wooden
Bedroom Furniture From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of request for information and extension of time.
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EFFECTIVE DATE: November 24, 2003.
FOR FURTHER INFORMATION CONTACT: Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230. Inquiries regarding any
information on this notice may be addressed by calling Import
Administration at 202-482-3902, via fax at 202-482-9089, and via email to the following address: bedroomfurniture@ita.doc.gov.
The Petition
On October 31, 2003, the Department of Commerce (``Department'')
received an antidumping duty petition (``Petition'') filed by the
American Furniture Manufacturers Committee for Legal Trade and its
individual members (``the Committee'') and the Cabinet Makers, Millmen,
and Industrial Carpenters Local 721 (``Local 721'') (``collectively,
Petitioners''). The Petitioners are domestic producers of wooden
bedroom furniture.
Scope of the Petition
The following language describes the imported merchandise from the
People's Republic of China (``PRC'') that Petitioners intend to be
included in the scope of the investigation:
The merchandise subject to this investigation is wooden bedroom
furniture (i.e., subject merchandise). 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 are 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, oriented strand board, particleboard, 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 (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 \1\,
highboys \2\, lowboys \3\, chests of drawers \4\, chests \5\, door
chests \6\, chiffoniers \7\, hutches \8\, and armoires \9\; (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.
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\1\ 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.
\2\ 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).
\3\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\4\ A chest of drawers is typically a case containing drawers
for storing clothing.
\5\ 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.
\6\ 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.
\7\ A chiffonier is typically a tall and narrow chest of drawers
normally used for storing undergarments and lingerie, often with
mirror(s) attached.
\8\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\9\ 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.
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The scope of the petition excludes (1) seats, chairs, benches,
couches, sofas, sofa beds, stools, and other seating furniture; (2)
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, cocktails 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; and (8) bedroom furniture in which bentwood parts
predominate.\10\
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\10\ 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 Customs' Headquarters' Ruling Letter 043859,
dated may 17, 1976.
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Imports of subject merchandise are classified under statistical
category 9403.50.9040 of the Harmonized Tariff Schedule of the United
States (``HTSUS'') as ``wooden * * * beds'' and under statistical
category 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 statistical category
9403.50.9040 of the HTSUS as ``parts of wood'' and framed glass mirrors
may also be entered under statistical category 7009.92.5000 of the
HTSUS as ``glass mirrors * * * framed.'' This investigation 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.
Domestic Like Product
Pursuant to Section 771(10) of the Tariff Act of 1930, as amended
(``the
[[Page 65876]]
Act'') and the Petitioners, the product that is, ``like, or in the
absence of like, most similar in characteristics and uses with the
article subject to investigation'' is wooden bedroom furniture.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that the Department's industry support determination be based
on whether a minimum percentage of the relevant industry supports the
petition. A petition meets this requirement if the domestic producers
or workers who support the petition account for: (i) At least 25
percent of the total production of the domestic like product; and (ii)
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act
provides that, if the petition does not establish support of domestic
producers or workers accounting for more than 50 percent of the total
production of the domestic like product, the Department shall: (i) Poll
the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A), or
(ii) determine industry support using a statistically valid sampling
method to poll the industry.
Request for Information
Because the Petition has not established that domestic producers or
workers accounting for more than 50 percent of the total production of
the domestic like product support the petition, we must ``poll or
otherwise determine industry support for the petition by the
industry.''
In accordance with section 732(c)(4)(D) of the Act and in order to
determine whether the petition establishes support of domestic
producers or workers accounting for more than 50 percent of the total
production of the domestic like product, we are hereby requesting that
all domestic producer/manufacturers of the wooden bedroom furniture
submit to the Department a response to the questions in Appendix I of
this notice.
Filing Requirements
Given the very short period in which we must determine industry
support, the number of potential responses, and the fact that industry
support may not be re-examined after initiation, we are waiving the
filing requirements set forth in 19 CFR 351.303 for certain parties
submitting information on industry support. This waiver of the filing
requirements will not apply to: 1) the submission of documents that are
not in response to the information requested in this notice or 2)
parties that are familiar with the conduct of antidumping and
countervailing proceedings through prior involvement in such
proceedings (e.g., parties represented by law firms that are involved
in other AD/CVD cases).
This limited waiver is applicable only until November 26, 2003, the
deadline for submitting the information requested in this notice. This
waiver is intended to expedite the receipt of information that is
essential to our analysis of industry support by providing information
on the production of the domestic like product by petitioning and non-
petitioning companies. By avoiding delays in the receipt of such
information, we will have more time to analyze whether the statutory
requirements concerning industry support for the above-referenced
petitions have been met.
All parties submitting any information must include the following
statement in their response: ``I, (name and title), currently employed
by (person), certify that (1) I have read the attached submission, and
(2) based on the information made available to me by (person), I have
no reason to believe that this submission contains any material
misrepresentation or omission of fact.'' All information received by
the Department will be treated as business proprietary information as
outlined in our regulations (19 CFR 351.304-306), unless otherwise
noted. Please note that all company names will be treated as public
information. In addition, note that all business proprietary documents
received by the Department in response to this notice will be served to
those individuals with access to business proprietary information under
the Administrative Protective Order (``APO''). All public documents may
be made available to those parties on the public service list. The APO
service lists and the public service lists are available on Import
Administration's Web site: http://ia.ita.doc.gov.
Information submitted to the Department in response to this notice
should be faxed to the following number: 202-482-9089. Furthermore, all
such information will be placed on the official record of the
proceeding. Responses to this notice are due no later than November 26,
2003. Responses after this date may not be reviewed by the Department
and therefore, not included in the analysis.
Extension of Time
Section 732(c)(1)(A)(ii) of the Act provides that within 20 days of
the filing of an antidumping duty petition, the Department will
determine, inter alia, whether the petition has been filed by or on
behalf of the U.S. industry producing the domestic like product.
Section 732(c)(1)(B) provides that the deadline for the initiation
determination can be extended by 20 days in any case in which the
Department must ``poll or otherwise determine support for the petition
by the industry * * *.''
We will require additional information from the petitioners and the
domestic producers of wooden bedroom furniture in order to make our
determination regarding industry support and/or time to analyze the
petitioners' responses to our requests for information. See Memorandum
to Joseph A. Spetrini, Deputy Assistant Secretary for Import
Administration, Group III from Edward C. Yang, Office Director, AD/CVD
Enforcement III, Office IX, regarding Antidumping Duty Petition on
Wooden Bedroom Furniture from the People's Republic of China: Extension
of Deadline for Determining Industry Support, dated November 13, 2003.
Therefore, it is necessary to extend the deadline for decision on
initiation for a period not to exceed 40 days from the filing of the
petition. As a result, the initiation determination is due no later
than December 10, 2003.
International Trade Commission Notification
Because the Department has extended the deadline of the initiation
determination, the Department will contact the Commission and will make
this extension notice available to the Commission.
Dated: November 19, 2003.
Edward C. Yang,
Acting Deputy Assistant Secretary for Import Administration, Group III.
BILLING CODE 3510-DS-C
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[FR Doc. 03-29419 Filed 11-21-03; 8:45 am]