[Federal Register: July 15, 2004 (Volume 69, Number 135)]
[Page 42452-42454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation No. 731-TA-1058 (Final)]

Wooden Bedroom Furniture From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.


SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1058 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
less-than-fair-value imports from China of wooden bedroom furniture, 
provided for in subheading 9403.50.90 of the Harmonized Tariff Schedule 
of the United States (HTS).\1\

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as wooden bedroom 
furniture. Wooden bedroom furniture is generally, but not 
exclusively, designed, manufactured, and offered for sale in 
coordinated groups, or bedrooms, in which all of the individual 
pieces are of approximately the same style and approximately the 
same material and/or finish. The subject merchandise is made 
substantially of wood products, including both solid wood and also 
engineered wood products made from wood particles, fibers, or other 
wooden materials such as plywood, oriented strand board, particle 
board, and fiberboard, with or without wood veneers, wood overlays, 
or laminates, with or without non-wood components or trim such as 
metal, marble, leather, glass, plastic, or other resins, and whether 
or not assembled, completed, or finished. The subject merchandise 
includes: (1) Wooden beds such as loft beds, bunk beds, and other 
beds; (2) wooden headboards for beds (whether stand alone or 
attached to side rails), wooden footboards for beds, wooden side 
rails for beds, and wooden canopies for beds; (3) night tables, 
night stands, dressers, commodes, bureaus, mule chests, gentlemen's 
chests, bachelor's chests, lingerie chests, wardrobes, vanities, 
chessers, chifforobes, and wardrobe type cabinets; (4) dressers with 
framed glass mirrors that are attached to, incorporated in, sit on, 
or hang over the dresser; (5) chests-on-chests, highboys, lowboys, 
chests of drawers, chests, door chests, chiffoniers, hutches, and 
armoires; (6) desks, computer stands, filing cabinets, bookcases, or 
writing tables that are attached to or incorporated in the subject 
merchandise; and (7) other bedroom furniture consistent with the 
above list.
    The scope of the petition excludes: (1) Seats, chairs, benches, 
couches, sofas, sofa beds, stools, and other seating furniture; (2) 
mattresses, mattress supports (including box springs), infant cribs, 
water beds, and futon frames; (3) office furniture, such as desks, 
stand-up desks, computer cabinets, filing cabinets, credenzas, and 
bookcases; (4) dining room or kitchen furniture such as dining 
tables, chairs, servers, sideboards, buffets, corner cabinets, china 
cabinets, and china hutches; (5) other non-bedroom furniture, such 
as television cabinets, cocktail tables, end tables, occasional 
tables, wall systems, book cases, and entertainment systems; (6) 
bedroom furniture made primarily of wicker, cane, osier, bamboo or 
rattan; (7) side rails for beds made of metal if sold separately 
from the headboard and footboard; and (8) bedroom furniture in which 
bentwood parts predominate.
    Imports of subject merchandise are classified under statistical 
category 9403.50.9040 of the HTS as ``wooden * * * beds'' and under 
statistical category 9403.50.9080 of the HTSUS as ``other * * * 
wooden furniture of a kind used in the bedroom.'' In addition, 
wooden headboards for beds, wooden foot boards for beds, wooden side 
rails for beds, and wooden canopies for beds may also be entered 
under statistical category 9403.50.9040 of the HTSUS as ``parts of 
wood''' and framed glass mirrors may also be entered under 
statistical category 7009.92.5000 of the HTSUS as ``'glass mirrors * 
* * framed.'' This investigation covers all wooden bedroom furniture 
meeting the above description, regardless of tariff classification.


[[Page 42453]]

    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: June 24, 2004.

FOR FURTHER INFORMATION CONTACT: Fred Fischer (202) 205-3179 or 
fred.fischer@usitc.gov), Office of Investigations, U.S. International 

Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server (http://www.usitc.gov). The 

public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

    Background.--The final phase of this investigation is being 
scheduled as a result of an affirmative preliminary determination by 
the Department of Commerce that imports of wooden bedroom furniture 
from China are being sold in the United States at less than fair value 
\2\ within the meaning of section 733 of the Act (19 U.S.C. 1673b). The 
investigation was requested in a petition filed on October 31, 2004, by 
the American Furniture Manufacturers Committee for Legal Trade, 
Washington, DC, and its individual members; Cabinet Makers, Millmen, 
and Industrial Carpenters Local 721, Whittier, CA; UBC Southern Council 
of Industrial Workers Local Union 2305, Columbus, MS; United Steel 
Workers of America Local 193U, Lewisburg, PA; Carpenters Industrial 
Union Local 2093, Phoenix, AZ; and Teamsters, Chauffeurs, Warehousemen 
and Helpers Local 991, Bay Minette, AL.

    \2\ 69 FR 35312, June 24, 2004.

    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on October 
26, 2004, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on November 9, 
2004, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before October 29, 2004. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on November 2, 2004, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is November 2, 2004. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is November 17, 2004; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigation may submit a 
written statement of information pertinent to the subject of the 
investigation on or before November 17, 2004. On December 3, 2004, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before December 7, 2004, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means, 
except to the extent permitted by section 201.8 of the Commission's 
rules, as amended, 67 Fed. Reg. 68036 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not

[[Page 42454]]

accept a document for filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: July 8, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-15985 Filed 7-14-04; 8:45 am]