[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Notices]
[Pages 11342-11344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04006]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 11343]]
SUMMARY: The Department of Commerce (Commerce) has determined that a
request for a new shipper review (NSR) of the antidumping duty order on
wooden bedroom furniture (WBF) from the People's Republic of China
(China) meets the statutory and regulatory requirements for initiation.
The period of review (POR) for the NSR is January 1, 2019 through
December 31, 2019.
DATES: Applicable February 27, 2020.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Order on January 4, 2005.\1\ On January 28,
2020, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214(c), Commerce received a timely
NSR request from Kunshan Jujia Decoration Design Co., Ltd (Kunshan
Jujia).\2\ The deadline for publication of the NSR initiation is
February 28, 2020.
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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\ See Kunshan Jujia's January 28, 2020 New Shipper Review
Request (NSR Request).
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In its submission, Kunshan Jujia certified that it is the producer
and exporter of the subject merchandise upon which its request for a
NSR is based.\3\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act and
19 CFR 351.214(b)(2)(i), Kunshan Jujia certified that it did not export
WBF to the United States during the period of investigation (POI).\4\
Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19
CFR 351.214(b)(2)(iii)(A), Kunshan Jujia certified that, since the
initiation of the investigation, it has never been affiliated with any
producer or exporter that exported WBF to the United States during the
POI, including those not individually examined during the
investigation.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), Kunshan
Jujia also certified that its export activities are not controlled by
the central government of China.\6\ Further, Kunshan Jujia certified
that it has not made subsequent shipments of subject merchandise.\7\
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\3\ Id. at Exhibit 1.
\4\ Id.
\5\ Id.
\6\ Id.
\7\ Id. at 3.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Kunshan Jujia submitted documentation
establishing the following: (1) The date on which it first shipped WBF
for export to the United States and the date on which the WBF was first
entered, or withdrawn from warehouse, for consumption; (2) the volume
of its first shipment; and (3) the date of its first sale to an
unaffiliated customer in the United States.\8\
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\8\ Id. at Exhibit 2.
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Commerce conducted a query of U.S. Customs and Border Protection
(CBP) data and confirmed that Kunshan Jujia's subject merchandise
entered the United States for consumption and that liquidation of such
entries had been properly suspended for antidumping duties. The CBP
data that Commerce examined are consistent with information provided by
Kunshan Jujia in its NSR request. In particular, the CBP data confirm
the price and quantity reported by Kunshan Jujia for the sale that
forms that basis of its NSR request.\9\
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\9\ Id.; see also Memorandum, ``Initiation of Antidumping New
Shipper Review of Wooden Bedroom Furniture from the People's
Republic of China: Kunshan Jujia Decoration Design Co., Ltd.
Initiation Checklist,'' dated concurrently with this notice.
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Period of Review
Pursuant to 19 CFR 351.214(c), an exporter or producer may request
an NSR within one year of the date on which its subject merchandise was
first entered, or withdrawn from warehouse, for consumption, or shipped
to the United States, as appropriate. Kunshan Jujia requested this NSR
within one year of the date on which its WBF first entered the United
States, and made its request in the month of January, which is the
anniversary month of the Order.\10\ In accordance with 19 CFR
351.214(g)(l)(i)(A), the POR is January 1, 2019, through December 31,
2019.
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\10\ See NSR Request at Exhibit 2.
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Initiation of NSR
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and
based on the information on the record, we find that Kunshan Jujia's
NSR request meets the threshold requirements for initiation of a NSR of
its shipment(s) of WBF to the United States.\11\ However, if the
information supplied by Kunshan Jujia is later found to be incorrect or
insufficient during the course of this NSR, Commerce may rescind the
review or apply adverse facts available, pursuant to section 776 of the
Act, as appropriate. Pursuant to 19 CFR 351.221(c)(1)(i), Commerce will
publish the notice of initiation of an NSR no later than the last day
of the month following the anniversary or semiannual anniversary month
of the order. Commerce intends to issue the preliminary results of this
review no later than 180 days from the date of initiation, and the
final results of this review no later than 90 days after the date the
preliminary results are issued.\12\
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\11\ See generally NSR request.
\12\ See section 751(a)(2)(B)(iii) of the Act.
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It is Commerce's usual practice, in cases involving non-market
economies, to require that a company seeking to establish eligibility
for an antidumping duty rate separate from the country-wide rate (i.e.,
separate rate) to provide evidence of de jure and de facto absence of
government control over the company's export activities.\13\
Accordingly, Commerce will issue questionnaires to Kunshan Jujia
requesting, inter alia, information regarding its export activities for
the purpose of determining whether it is eligible for a separate rate.
The review of the exporter will proceed if the response provides
sufficient indication that the exporter is not subject to either de
jure or de facto government control with respect to its exports of WBF.
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\13\ See Import Administration Policy Bulletin, Number: 05.1.
(http://ia.ita.doc.gov/policy/bull05-l.pdf).
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We will conduct this NSR in accordance with section 751(a)(2)(B) of
the Act.\14\ Because Kunshan Jujia certified that it produced and
exported subject merchandise, the sale of which is the basis for its
NSR request, Commerce will instruct CBP to continue to suspend
liquidation of all entries of subject merchandise produced and exported
by Kunshan Jujia. To assist in its analysis of the bona fide nature of
Kunshan Jujia's sales, upon initiation of this NSR, Commerce will
require Kunshan Jujia to submit, on an ongoing basis, complete
transaction information concerning any sales of subject merchandise to
the United States that were made subsequent to the POR.
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\14\ The Act was amended by the Trade Facilitation and Trade
Enforcement Act of 2015 which removed from section 751(a)(2)(B) of
the Act the provision directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of an NSR.
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Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306. This
initiation notice is published in accordance with section 751(a)(2)(B)
of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
[[Page 11344]]
Dated: February 21, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2020-04006 Filed 2-26-20; 8:45 am]
BILLING CODE 3510-DS-P