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Notices - 75 FR 72794 - Wooden Bedroom Furniture From the Peoples

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					                                                72794                       Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices

                                                schedule for such fees in the Federal                   permit. No live animal takes are being                   The Department preliminarily
                                                Register.                                               requested and no incidental harassment                determines that Huansheng and Cadman
                                                   NMFS has determined that the annual                  of animals would occur. Parts would be                have not made sales at less than normal
                                                registration fee for anglers, spear fishers             archived by the NMNH and used to                      value (‘‘NV’’). The Department also
                                                and for-hire fishing vessels will be                    support research studies and incidental               preliminarily determines that Wanvog
                                                fifteen dollars ($15.00). All persons                   education. The requested permit has                   made sales in the United States at prices
                                                registering on or after January 1, 2011                 been issued under the authority of the                below NV. If these preliminary results
                                                will be required to pay the registration                Marine Mammal Protection Act of 1972,                 are adopted in our final results of
                                                fee, unless they are exempt as                          as amended (16 U.S.C. 1361 et seq.), the              review, the Department will instruct
                                                indigenous people per the provisions of                 regulations governing the taking and                  U.S. Customs and Border Protection
                                                50 CFR 600.1410(f).                                     importing of marine mammals (50 CFR                   (‘‘CBP’’) to assess antidumping duties on
                                                  Dated: November 22, 2010.                             part 216), the Endangered Species Act of              entries of subject merchandise during
                                                Eric C. Schwaab,                                        1973, as amended (ESA; 16 U.S.C. 1531                 the period January 1, 2009 through
                                                Assistant Administrator for Fisheries,
                                                                                                        et seq.), the regulations governing the               December 31, 2009 (the period of review
                                                National Marine Fisheries Service.                      taking, importing, and exporting of                   or ‘‘POR’’), for which the importer-
                                                [FR Doc. 2010–29810 Filed 11–24–10; 8:45 am]
                                                                                                        endangered and threatened species (50                 specific assessment rates are above de
                                                                                                        CFR 222–226), and the Fur Seal Act of                 minimis.
                                                BILLING CODE 3510–22–P
                                                                                                        1966, as amended (16 U.S.C. 1151 et                   FOR FURTHER INFORMATION CONTACT:     Jeff
                                                                                                        seq.).                                                Pedersen or Rebecca Pandolph, AD/CVD
                                                DEPARTMENT OF COMMERCE                                     In compliance with the National                    Operations, Office 4, Import
                                                                                                        Environmental Policy Act of 1969 (42                  Administration, International Trade
                                                National Oceanic and Atmospheric                        U.S.C. 4321 et seq.), a final                         Administration, U.S. Department of
                                                Administration                                          determination has been made that the                  Commerce, 14th Street and Constitution
                                                                                                        activity proposed is categorically                    Avenue, NW., Washington, DC 20230;
                                                RIN 0648–XX08                                           excluded from the requirement to                      telephone: (202) 482–2769 or (202) 482–
                                                Marine Mammals; File No. 14628                          prepare an environmental assessment or                3627, respectively.
                                                                                                        environmental impact statement.
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                AGENCY:  National Marine Fisheries                        Dated: November 18, 2010.
                                                Service (NMFS), National Oceanic and                                                                             The antidumping duty order on
                                                                                                        P. Michael Payne,                                     wooden bedroom furniture from the
                                                Atmospheric Administration (NOAA),
                                                Commerce.                                               Chief, Permits, Conservation and Education            PRC was published on January 4, 2005.2
                                                                                                        Division, Office of Protected Resources,              On January 21, 2010, the Department
                                                ACTION: Notice; issuance of permit.                     National Marine Fisheries Service.                    received a timely request for a new
                                                SUMMARY:   Notice is hereby given that                  [FR Doc. 2010–29811 Filed 11–24–10; 8:45 am]          shipper review from Huansheng. On
                                                National Museum of Natural History,                     BILLING CODE 3510–22–P                                January 29, 2010, the Department
                                                Smithsonian Institution (Charles W.                                                                           received timely requests for new
                                                Potter, Responsible Party), P.O. Box                                                                          shipper reviews from Wanvog and
                                                37012, Washington, DC 20013, has been                   DEPARTMENT OF COMMERCE                                Cadman. On March 1, 2010, the
                                                issued a permit to salvage, collect,                                                                          Department initiated new shipper
                                                                                                        International Trade Administration                    reviews of Huansheng, Wanvog, and
                                                receive/possess, and import/export parts
                                                from cetaceans and pinnipeds (except                    [A–570–890]                                           Cadman. See Initiation Notice.
                                                for walrus) for scientific research.                                                                             On March 2, 2010, the Department
                                                ADDRESSES: The permit and related                       Wooden Bedroom Furniture From the                     issued an antidumping duty
                                                documents are available for review                      People’s Republic of China:                           questionnaire to Huansheng, Wanvog,
                                                upon written request or by appointment                  Preliminary Results of Antidumping                    and Cadman. From March 2010 through
                                                in the following office(s):                             Duty New Shipper Reviews                              September 2010, the Department
                                                   Permits, Conservation and Education                                                                        received timely questionnaire and
                                                                                                        AGENCY:  Import Administration,                       supplemental questionnaire responses
                                                Division, Office of Protected Resources,
                                                                                                        International Trade Administration,                   from Huansheng, Wanvog, and Cadman.
                                                NMFS, 1315 East-West Highway, Room
                                                                                                        Department of Commerce.                                  On April 26, 2010, the Office of Policy
                                                13705, Silver Spring, MD 20910; phone
                                                (301) 713–2289; fax (301) 713–0376; and                 DATES: Effective Date: November 26,                   issued a memorandum identifying six
                                                   Northeast Region, NMFS, 55 Great                     2010.                                                 countries as being at a level of economic
                                                Republic Drive, Gloucester, MA 01930;                   SUMMARY: On March 1, 2010, the                        development comparable to the PRC for
                                                phone (978) 281–9328; fax (978) 281–                    Department of Commerce (the                           the instant POR. The countries
                                                9394.                                                   ‘‘Department’’) initiated three new                   identified in that memorandum are
                                                                                                        shipper reviews of the antidumping                    India, the Philippines, Indonesia,
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        duty order on wooden bedroom                          Thailand, Ukraine, and Peru.3 On April
                                                Laura Morse or Jennifer Skidmore,                       furniture from the People’s Republic of
                                                (301) 713–2289.                                         China (‘‘PRC’’) covering sales of subject             Antidumping Duty New Shipper Reviews, 75 FR
                                                SUPPLEMENTARY INFORMATION: On June                      merchandise made by Dongguan                          10214 (March 5, 2010) (‘‘Initiation Notice’’).
                                                29, 2010, notice was published in the                   Huansheng Furniture Co., Ltd.
                                                                                                                                                                2 See Notice of Amended Final Determination of

                                                                                                                                                              Sales at Less Than Fair Value and Antidumping
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                                                Federal Register (75 FR 37389) that a                   (‘‘Huansheng’’); Hangzhou Cadman                      Duty Order: Wooden Bedroom Furniture From the
                                                request for a permit to salvage, collect,               Trading Co., Ltd. (‘‘Cadman’’); and                   People’s Republic of China, 70 FR 329 (January 4,
                                                import, export, receive, possess, archive,              Wanvog Furniture (Kunshan) Co., Ltd.                  2005).
                                                and conduct analyses of marine                          (‘‘Wanvog’’) (collectively
                                                                                                                                                                3 See Memorandum entitled, ‘‘Request for a List

                                                mammal and endangered species parts.                                                                          of Surrogate Countries for New Shipper Review of
                                                                                                        ‘‘respondents’’).1                                    the Antidumping Duty Order on Wooden Bedroom
                                                The applicant is requesting parts of all                                                                      Furniture (‘‘Furniture’’) from the People’s Republic
                                                marine mammal under NMFS                                  1 See Wooden Bedroom Furniture from the             of China (‘‘PRC’’),’’ dated April 26, 2010 (‘‘Policy
                                                jurisdiction to be included in this                     People’s Republic of China: Initiation of             Memorandum’’).



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                                                                            Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices                                                          72795

                                                27, 2010, the Department released the                   approximately the same style and                          incorporated in the subject
                                                Policy Memorandum to interested                         approximately the same material and/or                    merchandise; and (7) other bedroom
                                                parties and provided parties with an                    finish. The subject merchandise is made                   furniture consistent with the above list.
                                                opportunity to submit comments                          substantially of wood products,                             The scope of the order excludes the
                                                regarding the selection of a surrogate                  including both solid wood and also                        following items: (1) Seats, chairs,
                                                country in the instant review.4 On May                  engineered wood products made from                        benches, couches, sofas, sofa beds,
                                                18, 2010, the American Furniture                        wood particles, fibers, or other wooden                   stools, and other seating furniture; (2)
                                                Manufacturers Committee for Legal                       materials such as plywood, strand                         mattresses, mattress supports (including
                                                Trade and Vaughan-Bassett Furniture                     board, particle board, and fiberboard,                    box springs), infant cribs, water beds,
                                                Company, Inc. (collectively, Petitioners)               with or without wood veneers, wood                        and futon frames; (3) office furniture,
                                                provided comments on surrogate                          overlays, or laminates, with or without                   such as desks, stand-up desks, computer
                                                country selection.5 On June 15, 2010,                   non-wood components or trim such as                       cabinets, filing cabinets, credenzas, and
                                                Petitioners, Wanvog, and Huansheng                      metal, marble, leather, glass, plastic, or                bookcases; (4) dining room or kitchen
                                                provided publicly-available information                 other resins, and whether or not                          furniture such as dining tables, chairs,
                                                to value factors of production (‘‘FOP’’).6              assembled, completed, or finished.                        servers, sideboards, buffets, corner
                                                On June 21, 2010, Cadman provided                          The subject merchandise includes the                   cabinets, china cabinets, and china
                                                publicly-available data to value its                    following items: (1) Wooden beds such                     hutches; (5) other non-bedroom
                                                FOP.7 On July 29, 2010, the Department                  as loft beds, bunk beds, and other beds;                  furniture, such as television cabinets,
                                                received entry documents from CBP,                      (2) wooden headboards for beds                            cocktail tables, end tables, occasional
                                                which supported all three respondents’                  (whether stand-alone or attached to side                  tables, wall systems, book cases, and
                                                contentions that they had not made a                    rails), wooden footboards for beds,                       entertainment systems; (6) bedroom
                                                sale of subject merchandise prior to the                wooden side rails for beds, and wooden                    furniture made primarily of wicker,
                                                POR for these new shipper reviews. See                  canopies for beds; (3) night tables, night                cane, osier, bamboo or rattan; (7) side
                                                Memorandum to the File from the Team                    stands, dressers, commodes, bureaus,                      rails for beds made of metal if sold
                                                through Howard Smith, Program                           mule chests, gentlemen’s chests,                          separately from the headboard and
                                                Manager, Office 4, regarding ‘‘New                      bachelor’s chests, lingerie chests,                       footboard; (8) bedroom furniture in
                                                Shipper Reviews of Wooden Bedroom                       wardrobes, vanities, chessers,                            which bentwood parts predominate; 17
                                                Furniture from the People’s Republic of                 chifforobes, and wardrobe-type cabinets;                  (9) jewelry armoires; 18 (10) cheval
                                                China: U.S. Entry Documents,’’ dated                    (4) dressers with framed glass mirrors                    mirrors; 19 (11) certain metal parts; 20
                                                July 29, 2010.                                          that are attached to, incorporated in, sit
                                                                                                        on, or hang over the dresser; (5) chests-                    17 As used herein, bentwood means solid wood
                                                Period of Review                                                                                                  made pliable. Bentwood is wood that is brought to
                                                                                                        on-chests,8 highboys,9 lowboys,10 chests
                                                  The POR is January 1, 2009 through                                                                              a curved shape by bending it while made pliable
                                                                                                        of drawers,11 chests,12 door chests,13                    with moist heat or other agency and then set by
                                                December 31, 2009.                                      chiffoniers,14 hutches,15 and                             cooling or drying. See Customs’ Headquarters’
                                                Scope of the Order                                      armoires; 16 (6) desks, computer stands,                  Ruling Letter 043859, dated May 17, 1976.
                                                                                                                                                                     18 Any armoire, cabinet or other accent item for
                                                                                                        filing cabinets, book cases, or writing
                                                  The product covered by the order is                   tables that are attached to or                            the purpose of storing jewelry, not to exceed 24 in
                                                wooden bedroom furniture which is                                                                                 width, 18 in depth, and 49 in height, including a
                                                                                                                                                                  minimum of 5 lined drawers lined with felt or felt-
                                                generally, but not exclusively, designed,                  8 A chest-on-chest is typically a tall chest-of-       like material, at least one side door (whether or not
                                                manufactured, and offered for sale in                   drawers in two or more sections (or appearing to be       the door is lined with felt or felt-like material), with
                                                coordinated groups, or bedrooms, in                     in two or more sections), with one or two sections        necklace hangers, and a flip-top lid with inset
                                                which all of the individual pieces are of               mounted (or appearing to be mounted) on a slightly        mirror. See Issues and Decision Memorandum from
                                                                                                        larger chest; also known as a tallboy.                    Laurel LaCivita to Laurie Parkhill, Office Director,
                                                                                                           9 A highboy is typically a tall chest of drawers       Concerning Jewelry Armoires and Cheval Mirrors in
                                                   4 See Letter from Howard Smith, Program
                                                                                                        usually composed of a base and a top section with         the Antidumping Duty Investigation of Wooden
                                                Manager, Office 4, to All Interested Parties,           drawers, and supported on four legs or a small chest      Bedroom Furniture from the People’s Republic of
                                                requesting comments from interested parties             (often 15 inches or more in height).                      China, dated August 31, 2004. See also Wooden
                                                regarding the selection of a surrogate country, dated      10 A lowboy is typically a short chest of drawers,     Bedroom Furniture from the People’s Republic of
                                                April 27, 2010.                                                                                                   China: Final Changed Circumstances Review, and
                                                   5 See Letter from Petitioners regarding, ‘‘Wooden
                                                                                                        not more than four feet high, normally set on short
                                                                                                        legs.                                                     Determination To Revoke Order in Part, 71 FR
                                                Bedroom Furniture From the People’s Republic of            11 A chest of drawers is typically a case
                                                                                                                                                                  38621 (July 7, 2006).
                                                China: Surrogate Country Comments,’’ dated May                                                                       19 Cheval mirrors are any framed, tiltable mirror
                                                18, 2010 (‘‘Petitioners’ Surrogate Country              containing drawers for storing clothing.
                                                                                                           12 A chest is typically a case piece taller than it
                                                                                                                                                                  with a height in excess of 50 that is mounted on
                                                Comments’’).                                                                                                      a floor-standing, hinged base. Additionally, the
                                                   6 See Letter from Petitioners regarding, ‘‘Wooden    is wide featuring a series of drawers and with or         scope of the order excludes combination cheval
                                                Bedroom Furniture From the People’s Republic of         without one or more doors for storing clothing. The       mirror/jewelry cabinets. The excluded merchandise
                                                China: Submission of Publicly Available                 piece can either include drawers or be designed as        is an integrated piece consisting of a cheval mirror,
                                                Information to Value the Factors of Production,’’       a large box incorporating a lid.                          i.e., a framed tiltable mirror with a height in excess
                                                                                                           13 A door chest is typically a chest with hinged
                                                dated June 15, 2010 (‘‘Petitioners’ Surrogate Value                                                               of 50 inches, mounted on a floor-standing, hinged
                                                Submission’’); see Letter from Wanvog regarding,        doors to store clothing, whether or not containing        base, the cheval mirror serving as a door to a
                                                ‘‘Wooden Bedroom Furniture from the People’s            drawers. The piece may also include shelves for           cabinet back that is integral to the structure of the
                                                Republic of China: Submission of Publicly               televisions and other entertainment electronics.          mirror and which constitutes a jewelry cabinet line
                                                                                                           14 A chiffonier is typically a tall and narrow chest
                                                Available Surrogate Values for the Factors of                                                                     with fabric, having necklace and bracelet hooks,
                                                Production of Wanvog Furniture (Kunshan) Co.,           of drawers normally used for storing undergarments        mountings for rings and shelves, with or without a
                                                Ltd.,’’ dated June 15, 2010 (‘‘Wanvog’s Surrogate       and lingerie, often with mirror(s) attached.              working lock and key to secure the contents of the
                                                Value Submission’’); see also Letter from Dongguan         15 A hutch is typically an open case of furniture      jewelry cabinet back to the cheval mirror, and no
                                                Huansheng regarding, ‘‘Wooden Bedroom Furniture         with shelves that typically sits on another piece of      drawers anywhere on the integrated piece. The fully
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                                                from People’s Republic of China—Dongguan                furniture and provides storage for clothes.               assembled piece must be at least 50 inches in
                                                Huansheng Surrogate Values for Preliminary                 16 An armoire is typically a tall cabinet or           height, 14.5 inches in width, and 3 inches in depth.
                                                Determination,’’ dated June 15, 2010 (‘‘Dongguan        wardrobe (typically 50 inches or taller), with doors,     See Wooden Bedroom Furniture From the People’s
                                                Huansheng’s Surrogate Value Submission’’).              and with one or more drawers (either exterior below       Republic of China: Final Changed Circumstances
                                                   7 See Letter from Hangzhou Cadman regarding,         or above the doors or interior behind the doors),         Review and Determination To Revoke Order in Part,
                                                ‘‘Wooden Bedroom Furniture From the People’s            shelves, and/or garment rods or other apparatus for       72 FR 948 (January 9, 2007).
                                                Republic of China: Hangzhou Cadman Surrogate            storing clothes. Bedroom armoires may also be used           20 Metal furniture parts and unfinished furniture

                                                Value Submission,’’ dated June 21, 2010 (‘‘Cadman’s     to hold television receivers and/or other audio-          parts made of wood products (as defined above)
                                                Surrogate Value Submission’’).                          visual entertainment systems.                                                                           Continued




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                                                72796                       Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices

                                                (12) mirrors that do not attach to,                     Bona Fide Sales Analysis                              preliminarily found that Huansheng,
                                                incorporate in, sit on, or hang over a                     Consistent with the Department’s                   Wanvog, and Cadmans’ sales of subject
                                                dresser if they are not designed and                    practice, the Department investigated                 merchandise to the United States were
                                                marketed to be sold in conjunction with                 the bona fide nature of the sales made                bona fide for purposes of these new
                                                a dresser as part of a dresser-mirror set;              by Huansheng, Wanvog, and Cadman                      shipper reviews.
                                                (13) upholstered beds 21 and (14) toy                   for this review. In evaluating whether or             Non-Market Economy Country Status
                                                boxes.22                                                not a single sale in a new shipper
                                                   Imports of subject merchandise are                                                                           In every antidumping case conducted
                                                                                                        review is commercially reasonable, and
                                                classified under subheading                                                                                   by the Department involving the PRC,
                                                                                                        therefore bona fide, the Department
                                                9403.50.9040 of the HTSUS as ‘‘wooden                                                                         the PRC has been treated as a non-
                                                                                                        considers, inter alia, such factors as:
                                                * * * beds’’ and under subheading                                                                             market economy (‘‘NME’’) country.24 In
                                                                                                        (1) The timing of the sale; (2) the price
                                                9403.50.9080 of the HTSUS as ‘‘other                                                                          accordance with section 771(18)(C)(i) of
                                                                                                        and quantity; (3) the expenses arising
                                                * * * wooden furniture of a kind used                                                                         the Tariff Act of 1930, as amended (‘‘the
                                                                                                        from the transaction; (4) whether the
                                                in the bedroom.’’ In addition, wooden                                                                         Act’’), any determination that a foreign
                                                                                                        goods were resold at a profit; and
                                                headboards for beds, wooden footboards                                                                        country is an NME country shall remain
                                                                                                        (5) whether the transaction was made on
                                                for beds, wooden side rails for beds, and                                                                     in effect until revoked by the
                                                                                                        an arm’s-length basis. See, e.g., Tianjin
                                                wooden canopies for beds may also be                                                                          administering authority. None of the
                                                                                                        Tiancheng Pharmaceutical Co., Ltd. v.
                                                entered under subheading 9403.50.9040                                                                         parties to this proceeding has contested
                                                                                                        United States, 366 F. Supp. 2d 1246,
                                                of the HTSUS as ‘‘parts of wood’’ and                                                                         such treatment. Accordingly, the
                                                                                                        1250 (CIT 2005). Accordingly, the
                                                framed glass mirrors may also be                                                                              Department calculated NV in
                                                                                                        Department considers a number of
                                                entered under subheading 7009.92.5000                                                                         accordance with section 773(c) of the
                                                                                                        factors in its bona fide analysis, ‘‘all of
                                                of the HTSUS as ‘‘glass mirrors * * *                                                                         Act, which applies to NME countries.
                                                                                                        which may speak to the commercial
                                                framed.’’ The order covers all wooden                   realities surrounding an alleged sale of              Separate Rates
                                                bedroom furniture meeting the above                     subject merchandise.’’ See Hebei New                     In proceedings involving NME
                                                description, regardless of tariff                       Donghua Amino Acid Co., Ltd. v. United                countries, the Department has a
                                                classification. Although the HTSUS                      States, 374 F. Supp. 2d 1333, 1342 (CIT               rebuttable presumption that all
                                                subheadings are provided for                            2005) (citing Fresh Garlic From the                   companies within the country are
                                                convenience and customs purposes, our                   People’s Republic of China: Final                     subject to government control and thus
                                                written description of the scope of this                Results of Antidumping Administrative                 should be assessed a single antidumping
                                                proceeding is dispositive.                              Review and Rescission of New Shipper                  duty rate. It is the Department’s policy
                                                                                                        Review, 67 FR 11283 (March 13, 2002)).                to assign all exporters of subject
                                                that are not otherwise specifically named in this          The Department preliminarily finds                 merchandise in an NME country this
                                                scope (i.e., wooden headboards for beds, wooden         that the sales of subject merchandise
                                                footboards for beds, wooden side rails for beds, and                                                          single rate unless an exporter can
                                                wooden canopies for beds) and that do not possess       made by Huansheng, Wanvog, and                        demonstrate that it is sufficiently
                                                the essential character of wooden bedroom               Cadman were made on a bona fide basis.                independent so as to be entitled to a
                                                furniture in an unassembled, incomplete, or             Specifically, the Department                          separate rate. Exporters can demonstrate
                                                unfinished form. Such parts are usually classified      preliminarily finds that: (1) The timing
                                                under the Harmonized Tariff Schedule of the                                                                   this independence through the absence
                                                United States (‘‘HTSUS’’) subheading 9403.90.7000.      of the sales by themselves do not                     of both de jure and de facto government
                                                   21 Upholstered beds that are completely              indicate that the sales might not be bona             control over export activities. The
                                                upholstered, i.e., containing filling material and      fide; (2) the price and quantity of the               Department analyzes each entity
                                                completely covered in sewn genuine leather,             sales were within the range of the prices
                                                synthetic leather, or natural or synthetic decorative
                                                                                                                                                              exporting the subject merchandise
                                                fabric. To be excluded, the entire bed (headboards,
                                                                                                        and quantities of other entries of subject            under a test arising from the Final
                                                footboards, and side rails) must be upholstered         merchandise from the PRC into the                     Determination of Sales at Less Than
                                                except for bed feet, which may be of wood, metal,       United States; (3) Huansheng, Wanvog,                 Fair Value: Sparklers From the People’s
                                                or any other material and which are no more than        and Cadman and their customer(s) did
                                                nine inches in height from the floor. See Wooden
                                                                                                                                                              Republic of China, 56 FR 20588 (May 6,
                                                Bedroom Furniture from the People’s Republic of
                                                                                                        not incur any extraordinary expenses                  1991) (Sparklers), as further developed
                                                China: Final Results of Changed Circumstances           arising from the transaction; (4) the new             in Notice of Final Determination of
                                                Review and Determination to Revoke Order in Part,       shipper sales were made between                       Sales at Less Than Fair Value: Silicon
                                                72 FR 7013 (February 14, 2007).                         unaffiliated parties at arm’s length; and
                                                   22 To be excluded the toy box must: (1) Be wider
                                                                                                                                                              Carbide From the People’s Republic of
                                                                                                        (5) the merchandise was resold at a                   China, 59 FR 22585, 22586–7 (May 2,
                                                than it is tall; (2) have dimensions within 16 inches
                                                to 27 inches in height, 15 inches to 18 inches in       profit.23 Therefore, the Department has               1994) (Silicon Carbide). However, if the
                                                depth, and 21 inches to 30 inches in width; (3) have                                                          Department determines that a company
                                                a hinged lid that encompasses the entire top of the        23 See Memorandum to Abdelali Elouaradia,
                                                                                                                                                              is wholly foreign-owned or located in a
                                                box; (4) not incorporate any doors or drawers; (5)      Director, AD/CVD Operations, Office 4, regarding,
                                                have slow-closing safety hinges; (6) have air vents;    ‘‘Antidumping Duty New Shipper Review of              market economy, then a separate rate
                                                (7) have no locking mechanism; and (8) comply           Wooden Bedroom Furniture from the People’s            analysis is not necessary to determine
                                                with American Society for Testing and Materials         Republic of China: Bona Fide Sales Analysis for       whether it is independent from
                                                (‘‘ASTM’’) standard F963–03. Toy boxes are boxes        Dongguan Huansheng Furniture Co., Ltd.,’’ dated       government control. See Notice of Final
                                                generally designed for the purpose of storing           concurrently with the preliminary results;
                                                children’s items such as toys, books, and               Memorandum to Abdelali Elouaradia, Director, AD/      Determination of Sales at Less Than
                                                playthings. See Wooden Bedroom Furniture from           CVD Operations, Office 4, regarding, ‘‘Antidumping
                                                the People’s Republic of China: Final Results of        Duty New Shipper Review of Wooden Bedroom               24 See, e.g., Tapered Roller Bearings and Parts

                                                Changed Circumstances Review and Determination          Furniture from the People’s Republic of China:        Thereof, Finished and Unfinished, From the
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                                                to Revoke Order in Part, 74 FR 8506 (February 25,       Bona Fide Sales Analysis for Hangzhou Cadman          People’s Republic of China: Preliminary Results of
                                                2009). Further, as determined in the scope ruling       Trading Co., Ltd.,’’ dated concurrently with the      2001–2002 Administrative Review and Partial
                                                memorandum, ‘‘Wooden Bedroom Furniture from             preliminary results; and Memorandum to Abdelali       Rescission of Review, 68 FR 7500 (February 14,
                                                the People’s Republic of China: Scope Ruling on a       Elouaradia, Director, AD/CVD Operations, Office 4,    2003) (unchanged in the final results, Tapered
                                                White Toy Box,’’ dated July 6, 2009, the                regarding, ‘‘Antidumping Duty New Shipper Review      Rolling Bearings and Parts Thereof, Finished and
                                                dimensional ranges used to identify the toy boxes       of Wooden Bedroom Furniture from the People’s         Unfinished, from the People’s Republic of China:
                                                that are excluded from the wooden bedroom               Republic of China: Bona Fide Sales Analysis for       Final Results of 2001–2002 Administrative Review
                                                furniture order apply to the box itself rather than     Wanvog Furniture (Kunshan) Co., Ltd.,’’ dated         and Partial Rescission of Review, 68 FR 70488
                                                the lid.                                                concurrently with the preliminary results.            (December 18, 2003)).



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                                                                            Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices                                                    72797

                                                Fair Value: Creatine Monohydrate From                   measures by the government                            Surrogate Country
                                                the People’s Republic of China, 64 FR                   decentralizing control of PRC                            When the Department conducts an
                                                71104, 71104–05 (December 20, 1999)                     companies.28                                          antidumping duty new shipper review
                                                (where the respondent was wholly                                                                              of imports from an NME country,
                                                                                                        B. Absence of De Facto Control
                                                foreign-owned and, thus, qualified for a                                                                      section 773(c)(1) of the Act directs the
                                                separate rate).                                            The Department considers four factors              Department to base NV, in most
                                                                                                        in evaluating whether each respondent                 circumstances, on the NME producer’s
                                                Separate Rate Recipients
                                                                                                        is subject to de facto government control             FOP valued in a surrogate market-
                                                1. Wholly Foreign-Owned                                 of its export functions: (1) Whether the              economy country or countries
                                                   Wanvog provided evidence that                        export prices are set by or are subject to            considered appropriate by the
                                                during the POR it was a wholly foreign-                 the approval of a government agency; (2)              Department. In accordance with section
                                                owned company.25 Therefore,                             whether the respondent has authority to               773(c)(4) of the Act, the Department will
                                                consistent with the Department’s                        negotiate and sign contracts and other                value FOP using ‘‘to the extent possible,
                                                practice, further analysis is not                       agreements; (3) whether the respondent                the prices or costs of factors of
                                                necessary to determine whether                          has autonomy from the government in                   production in one or more market
                                                Wanvog’s export activities are                          making decisions regarding the                        economy countries that are—(A) at a
                                                independent from government control,                    selection of management; and (4)                      level of economic development
                                                and we have preliminarily granted a                     whether the respondent retains the                    comparable to that of the NME country,
                                                separate rate to Wanvog.                                proceeds of its export sales and makes                and (B) significant producers of
                                                                                                        independent decisions regarding                       comparable merchandise.’’ Further,
                                                2. Wholly Chinese-Owned Companies                       disposition of profits or financing of                pursuant to 19 CFR 351.408(c)(2), the
                                                   Cadman and Huansheng are wholly                      losses. See Silicon Carbide, 59 FR at                 Department will normally value all FOP
                                                Chinese-owned companies and are                         22586–87; see also Notice of Final                    in a single country, except for labor.
                                                located in the PRC. Therefore, the                      Determination of Sales at Less Than                      In the instant review, the Department
                                                Department has analyzed whether they                    Fair Value: Furfuryl Alcohol From the                 identified India, the Philippines,
                                                have demonstrated the absence of both                   People’s Republic of China, 60 FR                     Indonesia, Thailand, Ukraine, and Peru
                                                de jure and de facto government control                 22544, 22545 (May 8, 1995). The                       as being at a level of economic
                                                over their export activities.                           Department has determined that an                     development comparable to the PRC.30
                                                                                                        analysis of de facto control is critical in           Petitioners provided comments on the
                                                A. Absence of De Jure Control
                                                                                                        determining whether respondents are                   selection of a surrogate country by
                                                   The Department considers the                         subject to a degree of government                     providing a submission from the fourth
                                                following de jure criteria in determining               control which would preclude the                      administrative review which contains
                                                whether an individual company may be                    Department from assigning separate                    an October 2007 report published by the
                                                granted a separate rate: (1) An absence                 rates.                                                international research firm CSIL Milano
                                                of restrictive stipulations associated                     The evidence provided by Cadman                    that demonstrates the significance of
                                                with an individual exporter’s business                  and Huansheng supports a preliminary                  Philippine production of wooden
                                                and export licenses; (2) legislative                    finding of de facto absence of                        furniture.31 No other parties commented
                                                enactments decentralizing control of                    government control over their export                  on the selection of a surrogate country.
                                                companies; and (3) other formal                         activities based on the following:                    In addition, Petitioners and the three
                                                measures by the government                              (1) Cadman and Huansheng set their                    respondents submitted publicly-
                                                decentralizing control of companies. See                own export prices independent of the                  available Philippine data for valuing
                                                Sparklers, 56 FR at 20589.                              government and without the approval of                FOP.32
                                                   The evidence provided by Cadman                      a government authority; (2) Cadman and                   Based on the information on the
                                                and Huansheng supports a preliminary                    Huanshengs’ general managers have the                 record, we find that the Philippines is
                                                finding of de jure absence of                           authority to negotiate and bind the                   a significant producer of comparable
                                                government control based on the                         company in an agreement; (3) Cadman                   merchandise. Specifically, The
                                                following: (1) An absence of restrictive                and Huansheng maintain autonomy                       Furniture Industry in the Philippines
                                                stipulations associated with Cadman’s                   from the government in making                         report indicates that in 2006, Philippine
                                                and Huansheng’s business and export                     decisions regarding the selection of                  manufacturers produced furniture
                                                licenses; 26 (2) applicable legislative                 management; and (4) Cadman and                        valued at $813 million and the
                                                enactments decentralizing control over                  Huansheng retain the proceeds of their                Philippines exported furniture valued at
                                                PRC companies; 27 and (3) formal                        export sales and make independent                     $279 million.33 The State of the Sector
                                                                                                        decisions regarding disposition of                    Report on Philippine Furniture 2006
                                                   25 See letter from Wanvog regarding, ‘‘Wooden
                                                                                                        profits or financing of losses.29                     indicates that wooden furniture has
                                                Bedroom Furniture from the People’s Republic of
                                                China: Section A Questionnaire Response of                 The evidence placed on the record by               replaced rattan as the most commonly
                                                Wanvog Furniture (Kunshan) Co., Ltd.,’’ dated           Cadman and Huansheng demonstrates
                                                                                                                                                                 30 See Policy Memorandum. The Department
                                                March 30, 2010 at A–2–A–12 and Exhibits A–3 and         an absence of de jure and de facto
                                                A–4.                                                                                                          notes that these six countries are part of a non-
                                                   26 See letter from Cadman regarding, ‘‘Wooden
                                                                                                        government control, in accordance with                exhaustive list of countries that are at a level of
                                                Bedroom Furniture from the People’s Republic of
                                                                                                        the criteria identified in Sparklers and              economic development comparable to the PRC.
                                                China; Section A Questionnaire Response of              Silicon Carbide. Accordingly, the                        31 See Petitioners’ May 18, 2010 submission at

                                                Hangzhou Cadman Trading Co., Ltd.,’’ dated March        Department has preliminarily granted                  attachment.
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                                                31, 2010 (‘‘Cadman’s Section A response’’) at Exhibit   separate rates to Cadman and                             32 See Petitioners’ June 15, 2010 submission; see

                                                3; see also letter from Dongguan Huansheng                                                                    Hangzhou Cadman’s June 21, 2010 submission; see
                                                regarding, ‘‘Wooden Bedroom Furniture from
                                                                                                        Huansheng.                                            Dongguan Huansheng’s June 15, 2010 submission;
                                                People’s Republic of China—Section A Response,’’                                                              see also Wanvog’s June 15, 2010 submission.
                                                dated March 23, 2010 (‘‘Dongguan Huansheng’s              28 See id.                                             33 See Petitioners’ May 18, 2010 submission at
                                                Section A response’’) at Exhibit A–2.                     29 See Cadman’s Section A response at A3–A17        attachment entitled, ‘‘2009 New Shipper Review of
                                                   27 See Cadman’s Section A response at Exhibit 2;     and exhibits 4 and 13; see also Dongguan              the Antidumping Duty Order on Wooden Bedroom
                                                Dongguan Huansheng’s section A response at              Huansheng’s Section A response at A2–A11 and          Furniture from the People’s Republic of China,’’
                                                Exhibit A–1.                                            exhibits A–3, A–4, and A–6.                           dated January 15, 2010.



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                                                72798                       Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices

                                                used material and accounted for 51                      publicly available, country-wide data                  Department calculated EP for
                                                percent of all Philippine furniture                     that clearly identifies the relevant time              Huansheng and Cadman by deducting
                                                exports.34 In addition, both The                        period and prices for valuing gas.39                   the following expenses, where
                                                Furniture Industry in the Philippines                      Thus, the Department has                            applicable, from the starting price (gross
                                                and State of the Sector Report on                       preliminarily selected the Philippines as              unit price) charged to the first
                                                Philippine Furniture 2006 describes the                 the primary surrogate country because                  unaffiliated customer in the United
                                                furniture sector as comprised of                        the record shows that the Philippines is               States: foreign inland freight from the
                                                approximately 15,000 manufacturers                      at a level of economic development                     plant to the port of exportation, and
                                                and 800,000 workers.35 Thus, record                     comparable to that of the PRC and is a                 foreign brokerage and handling.
                                                evidence shows that the Philippines is                  significant producer of merchandise                    Additionally, the Department based
                                                a significant producer of merchandise                   comparable to subject merchandise.                     movement expenses on surrogate values
                                                that is comparable to the merchandise                   Moreover, the record indicates that                    where the service was purchased from
                                                under review.                                           sufficient, contemporaneous, public                    a PRC company. For details regarding
                                                   With respect to data considerations in               Philippine data are readily-available.40               our EP calculations, see the Huansheng
                                                selecting a surrogate country, both                     Accordingly, we have selected the                      analysis memorandum entitled,
                                                Petitioners and the three respondents                   Philippines as the surrogate country                   ‘‘Wooden Bedroom Furniture from the
                                                have submitted publicly-available                       and, accordingly, have calculated NV                   People’s Republic of China: Preliminary
                                                Philippine data for valuing FOP. In                     using Philippine prices to value                       Results Analysis Memorandum for
                                                addition, the Department used the                       Cadman’s, Huansheng’s and Wanvog’s                     Dongguan Huansheng Furniture Co.,
                                                Philippines as the primary surrogate                    FOP.41 In accordance with 19 CFR                       Ltd.,’’ (‘‘Huansheng Analysis
                                                country in the second, third, and fourth                351.301(c)(3)(ii), interested parties may              Memorandum’’), dated concurrently
                                                administrative reviews of this                          submit publicly-available information to               with the preliminary results, the
                                                proceeding.36 Therefore, based on its                   value the FOP until 20 days after the                  Cadman analysis memorandum entitled,
                                                experience, the Department finds that                   date of publication of the preliminary                 ‘‘Wooden Bedroom Furniture from the
                                                the Philippines has, in the past,                       results.42                                             People’s Republic of China: Preliminary
                                                provided reliable, publicly-available                   Fair Value Comparisons                                 Results Analysis Memorandum for
                                                data for valuing the FOP. However, for                                                                         Hangzhou Cadman Trading Co., Ltd.,’’
                                                the input ‘‘natural gas,’’ the Department                  In accordance with section 777(A)(d)
                                                                                                                                                               (‘‘Cadman Analysis Memorandum’’),
                                                has been unable to locate a suitable                    of the Act, to determine whether
                                                                                                                                                               dated concurrently with the preliminary
                                                surrogate value from the Philippines.                   Cadman, Huansheng and Wanvog sold
                                                                                                                                                               results and the Surrogate Value
                                                Therefore, we preliminarily determine                   wooden bedroom furniture to the
                                                                                                                                                               Memorandum.
                                                to use India as a secondary surrogate                   United States at less than NV, the
                                                                                                        Department compared the export price                      In accordance with section 772(b) of
                                                country because the record shows that                                                                          the Act, the Department used CEP as the
                                                India is at a level of economic                         (‘‘EP’’) and constructed export price
                                                                                                        (‘‘CEP’’) of U.S. sales to NV, as described            basis for U.S. price for Wanvog’s sales
                                                development comparable to that of the                                                                          where Wanvog first sold subject
                                                PRC 37 and is a significant producer of                 in the ‘‘U.S. Price’’ and ‘‘Normal Value’’
                                                                                                        sections of this notice.                               merchandise to its affiliated company in
                                                merchandise comparable to subject                                                                              the United States, which in turn sold
                                                merchandise.38 Moreover, India has                      U.S. Price                                             subject merchandise to unaffiliated U.S.
                                                  34 See
                                                                                                          In accordance with section 772(a) of                 customers. In accordance with section
                                                          id.
                                                  35 See
                                                                                                        the Act, the Department used EP as the                 772(b) of the Act, CEP is the price at
                                                          id.
                                                   36 See Wooden Bedroom Furniture from the
                                                                                                        basis for U.S. price for Huansheng’s and               which the merchandise under
                                                People’s Republic of China: Preliminary Results of      Cadman’s sales where the first sale to                 investigation is first sold (or agreed to be
                                                Antidumping Duty Administrative Review,                 unaffiliated purchasers was made prior                 sold) in the United States before or after
                                                Preliminary Results of New Shipper Review and           to importation and the use of CEP was                  the date of importation by or for the
                                                Partial Rescission of Administrative Review, 73 FR      not otherwise warranted. In accordance
                                                8273, 8277–78 (February 13, 2008) (unchanged in
                                                                                                                                                               account of the producer or exporter of
                                                Wooden Bedroom Furniture from the People’s              with section 772(c) of the Act, the                    such merchandise or by a seller
                                                Republic of China: Final Results of Antidumping                                                                affiliated with the producer or exporter,
                                                Duty Administrative Review and New Shipper                 39 See ‘‘Factor Valuations’’ below for further
                                                                                                                                                               to a purchaser not affiliated with the
                                                Review, 73 FR 49162 (August 20, 2008)); see             details.
                                                Wooden Bedroom Furniture from the People’s                 40 See Petitioners’ Surrogate Value Submission,
                                                                                                                                                               producer or exporter, as adjusted under
                                                Republic of China: Preliminary Results of               Wanvog’s Surrogate Value Submission, Dongguan          sections 772(c) and (d) of the Act. The
                                                Antidumping Duty Administrative and New                 Huansheng’s Surrogate Value Submission, and            Department calculated CEP for Wanvog
                                                Shipper Reviews and Partial Rescission of Review,       Cadman’s Surrogate Value Submission.                   based on delivered prices to unaffiliated
                                                74 FR 6372, 6376 (February 9, 2009) (unchanged in          41 See Surrogate Value Memorandum.
                                                Wooden Bedroom Furniture from the People’s
                                                                                                                                                               purchasers in the United States and
                                                                                                           42 In accordance with 19 CFR 351.301(c)(1), for
                                                Republic of China: Final Results of Antidumping                                                                made deductions, where applicable,
                                                                                                        the final results of this new shipper review,
                                                Duty Administrative Review and New Shipper              interested parties may submit factual information to   from the U.S. sales price for movement
                                                Reviews, 74 FR 41374 (August 17, 2009)); see also       rebut, clarify, or correct factual information         expenses in accordance with section
                                                Wooden Bedroom Furniture from the People’s
                                                Republic of China: Preliminary Results of
                                                                                                        submitted by an interested party less than ten days    772(c)(2)(A) of the Act. These movement
                                                                                                        before, on, or after, the applicable deadline for      expenses included foreign inland freight
                                                Antidumping Duty Administrative Review and              submission of such factual information. However,
                                                Intent To Rescind Review in Part, 75 FR 5952            the Department notes that 19 CFR 351.301(c)(1)         from the plant to the port of exportation,
                                                (February 5, 2010) (unchanged in Wooden Bedroom         permits new information only insofar as it rebuts,     brokerage and handling, international
                                                Furniture from the People’s Republic of China:
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                                                                                                        clarifies, or corrects information placed on the       freight, marine insurance, and U.S.
                                                Final Results and Final Rescission in Part, 75 FR       record. The Department generally will not accept
                                                50992 (August 18, 2010)).                               the submission of additional, previously absent-
                                                                                                                                                               customs duty. In accordance with
                                                   37 See Policy Memorandum.
                                                                                                        from-the-record alternative surrogate value            section 772(d)(1) of the Act, the
                                                   38 Memorandum to the File entitled, ‘‘2009 New       information pursuant to 19 CFR 351.301(c)(1). See      Department deducted credit expenses
                                                Shipper Reviews of Wooden Bedroom Furniture             Glycine from the People’s Republic of China: Final     and indirect selling expenses from the
                                                from the People’s Republic of China: Surrogate          Results of Antidumping Duty Administrative
                                                Value Memorandum for the Preliminary Results,’’         Review and Final Rescission, in Part, 72 FR 58809
                                                                                                                                                               U.S. price, all of which relate to
                                                dated concurrently with the preliminary results         (October 17, 2007) and accompanying Issues and         commercial activity in the United
                                                (‘‘Surrogate Value Memorandum’’).                       Decision Memorandum at Comment 2.                      States. Finally, the Department


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                                                                            Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices                                            72799

                                                deducted CEP profit, in accordance with                 subsidies), the Department will have                   description of all surrogate values used
                                                sections 772(d)(3) and 772(f) of the Act.               reason to believe or suspect that prices               to value the reported FOP, see Surrogate
                                                For details regarding the CEP                           of the inputs from the country granting                Value Memorandum.
                                                calculation, see the Wanvog analysis                    the subsidies may be subsidized.44                        Where we could not obtain publicly-
                                                memorandum entitled, ‘‘Wooden                             In avoiding the use of prices that may               available information contemporaneous
                                                Bedroom Furniture from the People’s                     be subsidized, the Department does not                 with the POR with which to value FOP,
                                                Republic of China: Preliminary Results                  conduct a formal investigation to ensure               we inflated (or deflated) the surrogate
                                                Analysis Memorandum for Wanvog                          that such prices are not subsidized, but               values using the Philippine Wholesale
                                                Furniture (Kunshan) Co., Ltd.,’’                        rather relies on information that is                   Price Index or the Indian Wholesale
                                                (‘‘Wanvog Analysis Memorandum’’),                       generally available at the time of its                 Price Index as published in the
                                                dated concurrently with these                           determination.45                                       International Financial Statistics of the
                                                preliminary results.                                                                                           International Monetary Fund.
                                                                                                        Factor Valuations                                         On May 14, 2010, the Court of
                                                Normal Value                                               In accordance with section 773(c) of                Appeals for the Federal Circuit
                                                  Section 773(c)(1) of the Act provides                 the Act, we calculated NV based on FOP                 (‘‘CAFC’’) in Dorbest Ltd. v. United
                                                that the Department shall determine the                 reported by Huansheng, Wanvog, and                     States, 604 F.3d 1363, 1372 (CAFC
                                                NV using an FOP methodology if: (1)                     Cadman for the POR. To calculate NV,                   2010) (‘‘Dorbest IV’’), found that the
                                                The merchandise is exported from an                     the Department multiplied the reported                 ‘‘{regression-based} method for
                                                NME country; and (2) the information                    per-unit factor quantities by publicly-                calculating wage rates {as stipulated by
                                                does not permit the calculation of NV                   available Philippine and Indian                        19 CFR 351.408(c)(3)} uses data not
                                                using home-market prices, third-country                 surrogate values. In selecting the                     permitted by {the statutory
                                                prices, or constructed value under                      surrogate values, the Department                       requirements laid out in section 773 of
                                                section 773(e) of the Act. When                         considered the quality, specificity, and               the Act (i.e., 19 U.S.C. 1677b(c))}.’’ The
                                                determining NV in an NME context, the                   contemporaneity of the data. As                        Department is continuing to evaluate
                                                Department will base NV on FOP,                         appropriate, the Department adjusted                   options for determining labor values in
                                                because the presence of government                      input prices by including freight costs to             light of the recent CAFC decision.
                                                controls on various aspects of these                    make them delivered prices.                               For the preliminary results of these
                                                economies renders price comparisons                     Specifically, the Department added to                  new shipper reviews, the Department is
                                                and the calculation of production costs                 Philippine import surrogate values a                   valuing labor using a simple average
                                                invalid under our normal                                surrogate freight cost using the shorter               industry-specific wage rate using
                                                methodologies. Under section 773(c)(3)                  of the reported distance from the                      earnings or wage data reported under
                                                of the Act, FOP include, but are not                    domestic supplier to the respondent’s                  Chapter 5B by the International Labor
                                                limited to: (1) Hours of labor required;                factory or the distance from the nearest               Organization (‘‘ILO’’). To achieve an
                                                (2) quantities of raw materials                         seaport to the respondent’s factory                    industry-specific labor value, we relied
                                                employed; (3) amounts of energy and                     where appropriate (i.e., where the sales               on industry-specific labor data from the
                                                other utilities consumed; and (4)                       terms for the market-economy imports                   countries we determined to be both
                                                representative capital costs. The                       were not delivered to the factory). This               economically comparable to the PRC
                                                Department based NV on FOP reported                     adjustment is in accordance with the                   and significant producers of comparable
                                                by Huansheng, Wanvog, and Cadman                        decision of the Federal Circuit in Sigma               merchandise. A full description of the
                                                for materials, energy, labor and packing.               Corp. v. United States, 117 F.3d 1401,                 industry-specific wage rate calculation
                                                  In accordance with 19 CFR                             1407–08 (Fed. Cir. 1997).                              methodology is provided in the
                                                351.408(c)(1), the Department will                         Where market-economy purchases of                   Surrogate Value Memorandum. The
                                                normally use publicly-available                         inputs were not made in significant                    Department calculated a simple average
                                                surrogates to value FOP, but when a                     quantities, we used import values for                  industry-specific wage rate of $1.20 for
                                                producer sources an input from a                        the POR from the Philippines National                  these preliminary results. Specifically,
                                                market economy and pays for it in                       Statistics Office (‘‘Philippines NSO’’)                for this review, the Department has
                                                market economy currency, the                            reported in U.S. dollars on a cost,                    calculated the wage rate using a simple
                                                Department will normally value the                      insurance, and freight (‘‘CIF’’) basis to              average of the data provided to the ILO
                                                factor using the actual price paid for the              value the following inputs: Woods (e.g.,               under Sub-Classification 36 of the ISIC–
                                                input. However, when the Department                     pine, particleboard, etc.), adhesives and              Revision 3 standard by countries
                                                                                                        finishing materials (e.g., glue, paints,               determined to be both economically
                                                has reason to believe or suspect that
                                                                                                        sealer, lacquer, etc.), hardware (e.g.,                comparable to the PRC and significant
                                                such prices may be distorted by
                                                                                                        nails, staples, screws, bolts, knobs,                  producers of comparable merchandise.
                                                subsidies, the Department will disregard
                                                                                                        pulls, drawer slides, hinges, clasps,                  The Department finds the two-digit
                                                the market economy purchase prices
                                                                                                        etc.), other materials (e.g., mirrors, glass,          description under International
                                                and use surrogate values to determine
                                                                                                        leather, cloth, sponge, etc.), and packing             Standard Industrial Classification—
                                                the NV.43 Where the facts developed in
                                                                                                        materials (e.g., cardboard, cartons,                   Revision 3 (‘‘Manufacture of furniture;
                                                either U.S. or third-country
                                                                                                        plastic film, labels, tape, etc.). The                 manufacturing n.e.c.’’) to be the best
                                                countervailing duty findings include the
                                                                                                        Philippines NSO is the only data source                available wage rate surrogate value on
                                                existence of subsidies that appear to be
                                                                                                        on the record that provides data on a net              the record because it is specific and
                                                used generally (in particular, broadly
                                                                                                        weight basis, which is the same basis as               derived from industries that produce
                                                available, non-industry specific export
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                                                                                                        reported by Huansheng, Wanvog, and                     merchandise comparable to the subject
                                                  43 See Tapered Roller Bearings and Parts Thereof,
                                                                                                        Cadman in reporting FOP. For a detailed                merchandise. Consequently, we
                                                Finished and Unfinished, From the People’s                                                                     averaged the ILO industry-specific wage
                                                Republic of China; Final Results of 1998–1999             44 See TRBs 1998–1999 at Comment 1; see also
                                                                                                                                                               rate data or earnings data available from
                                                Administrative Review, Partial Rescission of            China Nat’l. Machinery Imp. & Exp. Corp. v. United     the following countries found to be
                                                Review, and Determination Not To Revoke Order in        States, 293 F. Supp. 2d 1334, 1338–39 (Ct. Int’l
                                                Part, 66 FR 1953 (January 10, 2001) (‘‘TRBs 1998–       Trade 2003).                                           economically comparable to the PRC
                                                1999’’), and accompanying Issues and Decision             45 See H.R. Rep. 100–576, at 590 (1988), reprinted   and significant producers of comparable
                                                Memorandum at Comment 1.                                in 1988 U.S.C.C.A.N. 1547, 1623–24.                    merchandise: Ecuador, Egypt,


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                                                72800                       Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices

                                                Indonesia, Jordan, Peru, the Philippines,               773A(a) of the Act, based on the                      351.214(i)(1), unless the time limit is
                                                Thailand, and Ukraine. For further                      exchange rates in effect on the dates of              extended. See 19 CFR 351.214(i)(2).
                                                information on the calculation of the                   the U.S. sales as certified by the Federal
                                                                                                                                                                 Assessment Rates
                                                wage rate, see Surrogate Value                          Reserve Bank.
                                                Memorandum.                                                                                                         Pursuant to 19 CFR 351.212(b), the
                                                   We valued electricity using                          Preliminary Results of Review                            Department will determine, and CBP
                                                contemporaneous Philippine data from                      The Department preliminarily                           shall assess, antidumping duties on all
                                                The Cost of Doing Business in                           determines that the following weighted- appropriate entries of subject
                                                Camarines Sur, which is available at the                average dumping margins exist for the                    merchandise in accordance with the
                                                Philippine government’s Web site for                    period January 1, 2009, through                          final results of these reviews. For
                                                the province: http://                                   December 31, 2009:                                       assessment purposes, the Department
                                                www.camarinessur.gov.ph. These data                                                                              will calculate importer-specific (or
                                                pertain only to industrial consumption.                                                             Weighted-    customer) ad valorem duty assessment
                                                See Surrogate Value Memorandum.                                                                      average     rates based on the ratio of the total
                                                                                                           Exporter/manufacturer
                                                   We valued natural gas using April                                                                  margin     amount of the dumping margins
                                                                                                                                                    (percent)
                                                through June 2002 data from the Gas                                                                              calculated for the examined sales to the
                                                Authority of India Ltd. (‘‘GAIL’’). To be               Exported and Produced by                                 total entered value of those same sales.
                                                contemporaneous with the POR, the                         Dongguan Huansheng                                     The Department will instruct CBP to
                                                Department inflated this factor value                     Furniture Co., Ltd ..............                    0 assess antidumping duties on all
                                                using the POR-average wholesale price                   Exported and Produced by                                 appropriate entries covered by these
                                                index for India.                                          Wanvog Furniture                                       reviews if any importer-specific
                                                   We calculated the value of domestic                    (Kunshan) Co., Ltd ............                   2.69 assessment rate calculated in the final
                                                brokerage and handling using World                      Exported by Hangzhou                                     results of these reviews is above de
                                                Bank’s Doing Business in the                              Cadman Trading Co., Ltd.
                                                                                                                                                                 minimis. The Department intends to
                                                                                                          and Produced by Haining
                                                Philippines report.                                       Changbei Furniture Co.,
                                                                                                                                                                 issue assessment instructions to CBP 15
                                                   We calculated the surrogate value for                  Ltd .....................................            0 days after the date of publication of the
                                                truck freight using Philippine data from                                                                         final results of these reviews.
                                                The Cost of Doing Business in
                                                                                                        Disclosure                                            Cash Deposit Requirements
                                                Camarines Sur, which we have printed
                                                from the Philippine government’s Web                       The Department will disclose                          The following cash deposit
                                                site for the province http://                           calculations performed for these                      requirements will be effective upon
                                                www.camarinessur.gov.ph) and placed                     preliminary results to the parties within             publication of the final results of these
                                                upon the record with the Surrogate                      five days of the date of publication of               new shipper reviews for shipments of
                                                Value Memorandum.                                       this notice in accordance with 19 CFR                 subject merchandise from Huansheng,
                                                   We valued factory overhead, selling,                 351.224(b).                                           Wanvog, and Cadman entered, or
                                                general, and administrative (‘‘SG&A’’)                                                                        withdrawn from warehouse, for
                                                                                                        Public Comment
                                                expenses, and profit, using the audited                                                                       consumption on or after the publication
                                                financial statements for the fiscal year                   Interested parties may submit written              date, as provided by section 751(a)(2)(C)
                                                ending December 31, 2008, from the                      comments no later than 30 days after the              of the Act: (1) The cash deposit rate for
                                                following producers: APY Cane                           date of publication of these preliminary              the exporter/producer combinations
                                                International; Arkane International                     results of review. See 19 CFR                         listed in the table above will be the cash
                                                Corporation; Berbenwood Industries                      351.309(c). Rebuttals to written                      deposit rate established for that
                                                Inc.; Clear Export Industries, Inc.;                    comments must be limited to the issues                combination in the final results of these
                                                Diretso Design Furnitures, Inc.; Heritage               raised in the written comments and may                reviews; (2) for subject merchandise
                                                Muebles Mirabile Export Inc.; Horizon                   be filed no later than five days after the            exported by Huansheng but not
                                                International Manufacturing, Inc.;                      deadline for filing case briefs. See 19               produced by Huansheng, exported by
                                                Insular Rattan and Native Products                      CFR 351.309(d). Further, parties                      Wanvog but not produced by Wanvog,
                                                Corp.; Interior Crafts Of The Islands,                  submitting written comments and                       and exported by Cadman but not
                                                Inc.; Las Palmas Furniture, Inc.; and                   rebuttal comments are requested to                    produced by Haining Changbei
                                                Wicker & Vine, Inc., which are                          provide the Department with an                        Furniture Co., Ltd. (‘‘Haining
                                                Philippine producers of merchandise                     additional copy of those comments on a                Changbei’’), the cash deposit rate will
                                                identical to subject merchandise that                   compact disk. Any interested party may                continue to be the PRC-wide rate of
                                                received no countervailable subsidies                   request a hearing within 30 days of                   216.01 percent; (3) for subject
                                                and that earned a before-tax profit in                  publication of these preliminary results.             merchandise produced by Huansheng
                                                2008. From this information, we were                    See 19 CFR 351.310(c). If requested, a                but not exported by Huansheng or
                                                able to determine factory overhead costs                hearing normally will be held two days                produced by Wanvog but not exported
                                                as a percentage of the total raw                        after the scheduled date for submission               by Wanvog, the cash deposit rate will be
                                                materials, labor and energy (‘‘ML&E’’)                  of rebuttal comments. See 19 CFR                      the rate applicable to the exporter; and
                                                costs; SG&A expenses as a percentage of                 351.310(d). Parties should confirm by                 (4) for subject merchandise produced by
                                                ML&E plus overhead costs (i.e., cost of                 telephone the date, time, and location of             Haining Changbei but not exported by
                                                manufacture); and the profit rate as a                  the hearing two days before the                       Cadman, the cash deposit rate will be
srobinson on DSKHWCL6B1PROD with NOTICES




                                                percentage of the cost of manufacture                   scheduled date.                                       the rate applicable to the exporter. If the
                                                plus SG&A expenses. For further                            The Department will issue the final                cash deposit rate calculated in the final
                                                discussion, see Surrogate Value                         results of these new shipper reviews,                 results of these reviews is zero or de
                                                Memorandum.                                             which will include the results of its                 minimis, for one of the exporter/
                                                                                                        analysis of any issues raised in written              producer combinations listed in the
                                                Currency Conversion                                     comments, within 90 days of the date on               table above, no cash deposit will be
                                                  We made currency conversions into                     which these preliminary results are                   required for entries of subject
                                                U.S. dollars, in accordance with section                issued, in accordance with 19 CFR                     merchandise from that exporter/


                                           VerDate Mar<15>2010   17:54 Nov 24, 2010   Jkt 223001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\26NON1.SGM   26NON1
                                                                            Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices                                                72801

                                                producer combination. These cash                        and the Board’s regulations, including                for magnet sites that would terminate
                                                deposit requirements, when imposed,                     Section 400.28.                                       authority for Sites 1 and 3 through 6 if
                                                shall remain in effect until further                      Signed at Washington, DC, on November               not activated by November 30, 2015.
                                                notice.                                                 15, 2010.                                               Signed at Washington, DC, November 15,
                                                Notification to Interested Parties                      Ronald K. Lorentzen,                                  2010.
                                                                                                        Deputy Assistant Secretary for Import                 Ronald K. Lorentzen,
                                                  This notice serves as a reminder to
                                                                                                        Administration, Alternate Chairman, Foreign-          Deputy Assistant Secretary for Import
                                                importers of their responsibility under                 Trade Zones Board.                                    Administration, Alternate Chairman, Foreign-
                                                19 CFR 351.402(f)(2) to file a certificate                                                                    Trade Zones Board.
                                                                                                        Andrew McGilvray,
                                                regarding the reimbursement of
                                                                                                        Executive Secretary.                                  [FR Doc. 2010–29835 Filed 11–24–10; 8:45 am]
                                                antidumping duties prior to liquidation
                                                                                                        [FR Doc. 2010–29832 Filed 11–24–10; 8:45 am]          BILLING CODE 3510–DS–P
                                                of the relevant entries during this POR.
                                                Failure to comply with this requirement                 BILLING CODE 3510–DS–P
                                                could result in the Secretary’s                                                                               DEPARTMENT OF COMMERCE
                                                presumption that reimbursement of
                                                antidumping duties occurred and the                     DEPARTMENT OF COMMERCE
                                                                                                                                                              International Trade Administration
                                                subsequent assessment of double
                                                antidumping duties.                                     Foreign-Trade Zones Board                             [A–570–601]
                                                  The Department is issuing and                         [Order No. 1723]                                      Tapered Roller Bearings and Parts
                                                publishing this determination in
                                                accordance with sections 751(a)(2)(B)                                                                         Thereof, Finished and Unfinished,
                                                                                                        Reorganization of Foreign-Trade Zone
                                                and 777(i) of the Act, and 19 CFR                                                                             From the People’s Republic of China:
                                                                                                        152 Under Alternative Site Framework
                                                351.214(h) and 351.221(b)(4).                                                                                 Notice of Second Extension of Time
                                                                                                        Burns Harbor, IN
                                                                                                                                                              Limit for the Final Results of the 2008–
                                                  Dated: November 16, 2010.                                Pursuant to its authority under the                2009 Administrative Review of the
                                                Ronald K. Lorentzen,                                    Foreign-Trade Zones Act of June 18,                   Antidumping Duty Order
                                                Deputy Assistant Secretary for Import                   1934, as amended (19 U.S.C. 81a–81u),
                                                Administration.                                                                                               AGENCY:  Import Administration,
                                                                                                        the Foreign-Trade Zones Board (the                    International Trade Administration,
                                                [FR Doc. 2010–29828 Filed 11–24–10; 8:45 am]            Board) adopts the following Order:                    Department of Commerce.
                                                BILLING CODE 3510–DS–P                                     Whereas, the Board adopted the
                                                                                                                                                              DATES: Effective Date: November 26,
                                                                                                        alternative site framework (ASF) in
                                                                                                        December 2008 (74 FR 1170, 01/12/09;                  2010.
                                                DEPARTMENT OF COMMERCE                                  correction 74 FR 3987, 01/22/09) as an                FOR FURTHER INFORMATION CONTACT:
                                                                                                        option for the establishment or                       Brendan Quinn or Trisha Tran, AD/CVD
                                                Foreign-Trade Zones Board                                                                                     Operations, Import Administration,
                                                                                                        reorganization of general-purpose zones;
                                                [Order No. 1722]                                           Whereas, the Ports of Indiana, grantee             International Trade Administration,
                                                                                                        of Foreign-Trade Zone 152, submitted                  U.S. Department of Commerce, 14th
                                                Reissuance of the Subzone Grant of                      an application to the Board (FTZ Docket               Street and Constitution Avenue, NW.,
                                                Authority for Subzone 70M, General                      32–2010, filed 5/4/2010) for authority to             Washington, DC 20230, telephone: (202)
                                                Motors Corporation, Lansing, MI                         reorganize under the ASF with a service               482–5848 or (202) 482–4852,
                                                   Pursuant to its authority under the                  area of Lake, Porter, La Porte, Newton,               respectively.
                                                Foreign-Trade Zones Act of June 18,                     Jasper and Starke Counties, Indiana,                  SUPPLEMENTARY INFORMATION:
                                                1934, as amended (19 U.S.C. 81a–81u),                   adjacent to the Chicago Customs and
                                                                                                        Border Protection port of entry, and FTZ              Background
                                                the Foreign-Trade Zones Board (the
                                                Board) adopts the following Order:                      152’s existing Sites 1 through 6 would                   On July 29, 2009, the Department of
                                                   The Foreign-Trade Zones (FTZ) Board                  be categorized as magnet sites;                       Commerce (‘‘Department’’) initiated the
                                                (the Board) has considered the request                     Whereas, notice inviting public                    administrative review of the
                                                submitted by the Greater Detroit Foreign                comment was given in the Federal                      antidumping duty order on tapered
                                                Trade Zone, Inc, grantee of FTZ 70 in                   Register (75 FR 26198, 5/11/2010) and                 roller bearings and parts thereof,
                                                Detroit, Michigan and current sponsor                   the application has been processed                    finished or unfinished (‘‘TRBs’’), from
                                                of Subzone 70M at the General Motors                    pursuant to the FTZ Act and the Board’s               the People’s Republic of China (‘‘PRC’’)
                                                Corporation (GM) facilities in Lansing,                 regulations; and,                                     for the period June 1, 2008, through May
                                                Michigan, for reissuance of the grant of                   Whereas, the Board adopts the                      31, 2009. See Initiation of Antidumping
                                                authority for subzone status at the GM                  findings and recommendations of the                   and Countervailing Duty Administrative
                                                facilities to the Capital Region Airport                examiner’s report, and finds that the                 Reviews and Deferral of Administrative
                                                Authority, grantee of FTZ 275 in                        requirements of the FTZ Act and                       Review, 74 FR 37690 (July 29, 2009). On
                                                Lansing, Michigan, which has accepted                   Board’s regulations are satisfied, and                July 15, 2010, the Department published
                                                such reissuance subject to approval by                  that the proposal is in the public                    its preliminary results of the
                                                the FTZ Board. Upon review, the Board                   interest;                                             administrative review of the
                                                finds that the requirements of the FTZ                     Now, therefore, the Board hereby                   antidumping order on TRBs from the
                                                Act and the Board’s regulations are                     orders:                                               PRC. See Tapered Roller Bearings and
srobinson on DSKHWCL6B1PROD with NOTICES




                                                satisfied, and that the proposal is in the                 The application to reorganize FTZ 152              Parts Thereof, Finished or Unfinished,
                                                public interest.                                        under the alternative site framework is               from the People’s Republic of China:
                                                   Therefore, the Board approves the                    approved, subject to the FTZ Act and                  Preliminary Results of the 2008–2009
                                                application and recognizes the Capital                  the Board’s regulations, including                    Administrative Review of the
                                                Region Airport Authority as the grantee                 Section 400.28, to the Board’s standard               Antidumping Duty Order, 75 FR 41148
                                                of the General Motors Corporation                       2,000-acre activation limit for the                   (July 15, 2010). On September 21, 2010,
                                                subzone, which is hereby re-designated                  overall general-purpose zone project,                 the Department published a notice
                                                as Subzone 275A, subject to the FTZ Act                 and to a five-year ASF sunset provision               extending the deadline for the final


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