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Final Determination in the Antidumping Duty Investigation on
Imports of Wooden Bedroom Furniture from the People's Republic of China
On November 9, 2004, the Department of Commerce announced its final affirmative determination in the antidumping duty investigation of wooden bedroom furniture from the People's Republic of China (PRC), finding that, with the exception of one company, Chinese producers/exporters made sales of subject merchandise to their U.S. customers at less than fair value, with margins ranging from de minimis to 198.08 percent for the individually investigated respondents,8.64 percentfor the 115companies qualifying for a "separate rate," and a PRC-wide rate of198.08 percentapplicable to all other imports.
The U.S. International Trade Commission (ITC) is scheduled to issue its final injury determination no later than December 23, 2004. If the ITC finds that a U.S. industry is injured or threatened with material injury as a result of imports of wooden bedroom furniture from the PRC, the Department will issue an antidumping order and will instruct U.S. Customs and Border Protection to collect cash deposits on entries of subject merchandise at the applicable dumping duty rate.
Mandatory Respondents: Given its limited resources and the extraordinary scope and complexity of the investigation, the Department selected the top seven furniture producers/exporters by volume of ocean-going containers exported to the United States as mandatory respondents. These seven companies, which are listed along with their respective final dumping margins, below, represent roughly 34 percent by value of all imports of wooden bedroom furniture from the PRC to the United States.
Companies Qualified for a "Separate Rate": Based on information provided on the record in the course of this investigation, the Department found that certain companies have demonstrated that their export activities are not controlled by the PRC government. Such status entitles a producer or exporter to a "separate rate" of 8.64 percent,based on the weighted-average of five of the seven mandatory respondents' rates1 rather than the PRC-wide rate. The complete list of companies we found to qualify for this separate rate is available on Import Administration's website: www.ia.ita.doc.gov, and is included below. These companies represent approximately 65 percent by value of all imports of wooden bedroom furniture from the PRC into the United States.
Product Description: For purposes of this investigation, the product covered is wooden bedroom furniture. 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 is 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, particle board, 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 Department has reviewed interested parties' comments with regard to the scope of the investigation. A complete description of the subject merchandise, including clarifications and exclusions the Department has determined to be appropriate, is included below.
Petitioners: The petition requesting this investigation was filed on behalf of the domestic industry and workers producing wooden bedroom furniture by the American Furniture Manufacturers Committee for Legal Trade and its individual members and the Cabinet Makers, Millmen, and Industrial Carpenters Local 721, UBC Southern Council of Industrial Worker's Local Union 2305, United Steel Workers of American Local 193U, Carpenters Industrial Union Local 2093, and Teamsters, Chauffeurs, Warehousemen and Helper Local 991.
Final Dumping Margins:
* This will take place only in the event of a final affirmative determination from the U.S. International Trade Commission.
Source: U.S. ITC Trade DataWeb for HTS 9403.50.9040 and 9403.50.9080 (http://dataweb.usitc.gov/scripts/REPORT.asp). These figures are unadjusted and the full scope of this investigation includes merchandise categorized under HTS 9403.90.7000 and 7009.92.5000 as well. Please see the Product Description section of the Notice of Final Determination for a full description of the scope of this investigation.
For purposes of this investigation, the product covered is wooden bedroom furniture. 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 is 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, particle board, 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 the following items: (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-chests2, highboys3, lowboys4, chests of drawers5, chests6, door chests7, chiffoniers8, hutches9, and armoires10; (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.
Exclusions: The scope of the Petition excludes the following items: (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, cocktail 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; (8) bedroom furniture in which bentwood parts predominate11; (9) jewelry armories12; (10) cheval mirrors13 and (11) certain metal parts14.
Harmonized Tariff Classifications: Imports of subject merchandise are classified under statistical category 9403.50.9040 of the 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.
2 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.
6 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.
10 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.
11 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.
12 Any armoire, cabinet or other accent item for the purpose of storing jewelry, not to exceed 24'' in width, 18'' in depth, and 49'' in height, including a minimum of 5 lined drawers lined with felt or felt-like material, at least one side door lined with felt or felt-like material, with necklace hangers, and a flip-top lid with inset mirror. See Memorandum from Laurel LaCivita to Laurie Parkhill, Office Director, Issues and Decision Memorandum Concerning Jewelry Armoires and Cheval Mirrors in the Antidumping Duty Investigation of Wooden Bedroom Furniture from the People's Republic of China dated August 31, 2004.
14 Metal furniture parts and unfinished furniture parts made of wood products (as defined above) that are not otherwise specifically named in this scope (i.e., wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds) and that do not possess the essential character of wooden bedroom furniture in an unassembled, incomplete, or unfinished form. Such parts are usually classified in subheading 9403.90.7000, HTSUS.
Companies Qualified for a "Separate Rate"/Section A Respondents
Alexandre International Corp., or Southern Art Development Ltd., or Alexandre
Furniture (Shenzhen) Co., Ltd., or Southern Art Furniture Factory
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