Download:
pdf |
pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES
Wooden Bedroom Furniture from China
Investigation No. 731-TA-1058 (Review)
Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this review, you may contact
the following members of the Commission=s staff (Fax 202-205-3205):
Amy Sherman, investigator (202-205-3289; E-mail [email protected])
regarding general questions and trade and related information;
Justin Jee, auditor (202-205-3186; E-mail [email protected])
regarding financial information; and
John Benedetto, economist (202-205-3270; E-mail [email protected])
regarding pricing, market, and related information.
GENERAL INFORMATION
Background.--On January 4, 2005, the Department of Commerce issued an antidumping duty
order on imports of wooden bedroom furniture from China (70 F.R. 329). On December 1, 2009,
the Commission instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
§ 1675(c)) (the Act) to determine whether revocation of the order would be likely to lead to
continuation or recurrence of material injury to the domestic industry within a reasonably
foreseeable time (74 F.R. 229). If the Commission makes an affirmative determination, the order
will remain in place. If the Commission makes a negative determination, the Department of
Commerce will revoke the order.
Questionnaires and other information pertinent to this review are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2009/wooden_bedroom
_furniture/reviewphase.htm. Address all correspondence to the United States International
Trade Commission, Washington, DC 20436. Hearing-impaired individuals can obtain
information regarding this review via the Commission=s TDD terminal (202-205-1810).
Due date of questionnaire(s).--Return the completed questionnaire(s) to the United States
International Trade Commission by no later than July 23, 2010. Use of an overnight mail service
may be necessary to ensure that your response actually reaches the Commission by July 23, 2010.
Please make sure the completed questionnaire is sent to the attention of Amy Sherman. Return
only one copy of the completed questionnaire(s), but please keep a copy for your records so
that you can refer to it if the Commission staff contacts you with any questions during the
course of the review.
Service of questionnaire response(s).--In the event that your firm is a party to this review, you are
required to serve a copy of the questionnaire(s), once completed, on parties to the proceeding that
are subject to administrative protective order (see 19 CFR ' 207.7). A list of such parties is
maintained by the Commission=s Secretary and may be obtained by calling 202-205-1803. A
certificate of service must accompany the copy of the completed questionnaire(s) you submit (see
19 CFR ' 207.7).
Confidentiality.--The commercial and financial data furnished in response to the enclosed
questionnaire(s) that reveal the individual operations of your firm will be treated as confidential by
the Commission to the extent that such data are not otherwise available to the public and will not
be disclosed except as may be required by law (see 19 U.S.C. ' 1677f). Such confidential
information will not be published in a manner that will reveal the individual operations of your
firm; however, nonnumerical characterizations of numerical business proprietary information
(such as discussion of trends) will be treated as confidential business information only at the
request of the submitter for good cause shown.
2
GENERAL INFORMATION--Continued
Verification.--The information submitted in the enclosed questionnaire(s) is subject to audit
and verification by the Commission. To facilitate possible verification of data, please keep
all your workpapers and supporting documents used in the preparation of the questionnaire
response(s).
Release of information.--The information provided by your firm in response to the
questionnaire(s), as well as any other business proprietary information submitted by your firm to
the Commission in connection with the review, may become subject to, and released under, the
administrative protective order provisions of the Tariff Act of 1930 (19 U.S.C. ' 1677f) and
section 207.7 of the Commission=s Rules of Practice and Procedure (19 CFR ' 207.7). This means
that certain lawyers and other authorized individuals may temporarily be given access to the
information for use in connection with this review or other import-injury investigations or reviews
conducted by the Commission on the same or similar merchandise; those individuals would be
subject to severe penalties if the information were divulged to unauthorized individuals.
INSTRUCTIONS
Answer all questions.--Do not leave any question or section blank unless a questionnaire
expressly directs you to skip over certain questions or sections. If the answer to any question is
Anone,@ write Anone.@ If information is not readily available from your records in exactly the
form requested, furnish carefully prepared estimates--designated as such by the letter
AE@--and explain the basis of your estimates. Answers to questions and any necessary
comments or explanations should be supplied in the space provided or on separate sheets attached
to the appropriate page of the questionnaire(s). If your firm is completing more than one
questionnaire in connection with this review (i.e., a producer, importer, and/or purchaser
questionnaire), you need not respond to duplicated questions in the questionnaires.
Consolidate all U.S. establishments.--Report the requested data for your establishment(s) located
in the United States. Firms operating more than one establishment should combine the data
for all establishments into a single report.
Filing instructions.—Questionnaires may be filed either in paper form or electronically.
3
INSTRUCTIONS--Continued
OPTIONS FOR FILING IN PAPER FORM
• Overnight mail service.—Mail to the following address:
United States International Trade Commission
Office of Investigations, Room 615
500 E Street SW
Washington, DC 20024
• Fax.—Fax to 202.205.3205.
• U.S. mail.—Mail to the address above, but use zip code 20436. This option is not recommended.
U.S. mail sent to government offices undergoes additional processing to screen for hazardous
materials; this additional processing results in substantial delays in delivery.
OPTIONS FOR FILING ELECTRONICALLY
This questionnaire is available as a “fillable” form in MS Word format on the
Commission’s website at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2009/woo
den_bedroom_furniture/reviewphase.htm. Please do not attempt to modify the
format or permissions of the questionnaire document. You may complete the
questionnaire electronically, print it out, and submit it in paper form as described
above, or you may submit it electronically through one of the following means:
• Compact disc (CD).—Copy your questionnaire onto a CD, include a signed certification page
(page 1) (either in paper form or scanned PDF copied onto CD), and mail to the address above. It
is strongly recommended that you use an overnight mail service. U.S. mail sent to government
offices undergoes additional processing which not only results in substantial delays in delivery but
may also damage CDs.
• E-mail.—E-mail your questionnaire to the investigator identified on page 1 of the Instruction
Booklet; include a scanned PDF of the signed certification page (page 1). Type the following in
the e-mail subject line: BPI Questionnaire, INV. NO. 731-1058 (Review). Please note that
submitting your questionnaire by e-mail may subject your firm’s business proprietary information
to transmission over an unsecure environment and to possible disclosure. If you choose this
option, the Commission warns you that any risk involving possible disclosure of such information
is assumed by the submitter and not by the Commission.
Note: If you are a party to the review, and service of the questionnaire is required, such
service should be made in paper form.
4
DEFINITIONS
Wooden bedroom furniture.--For purposes of this review, the Department of Commerce has
identified 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, strand board, particle board, and
fiberboard, with or without wood veneers, wood overlays, or laminates, with or without non-wood
components or trim such as metal, marble, leather, glass, plastic, or other resins, and whether or
not assembled, completed, or finished.
The subject merchandise includes the following items: (1) Wooden beds such as loft beds,
bunk beds, and other beds; (2) wooden headboards for beds (whether stand-alone or attached to
side rails), wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds;
(3) night tables, night stands, dressers, commodes, bureaus, mule chests, gentlemen’s chests,
bachelor’s chests, lingerie chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type
cabinets; (4) dressers with framed glass mirrors that are attached to, incorporated in, sit on, or hang
over the dresser; (5) chests-on-chests,1 highboys,2 lowboys,3 chests of drawers,4 chests,5 door
chests,6 chiffoniers,7 hutches,8 and armoires;9 (6) desks, computer stands, filing cabinets, book
cases, or writing tables that are attached to or incorporated in the subject merchandise; and (7)
other bedroom furniture consistent with the above list.
1
A chest-on-chest is typically a tall chest-of-drawers in two or more sections (or appearing to be in two or
more sections), with one or two sections mounted (or appearing to be mounted) on a slightly larger chest; also known
as a tallboy.
2
A highboy is typically a tall chest of drawers usually composed of a base and a top section with drawers, and
supported on four legs or a small chest (often 15 inches or more in height).
3
A lowboy is typically a short chest of drawers, not more than four feet high, normally set on short legs.
4
A chest of drawers is typically a case containing drawers for storing clothing.
5
A chest is typically a case piece taller than it is wide featuring a series of drawers and with or without one
or more doors for storing clothing. The piece can either include drawers or be designed as a large box incorporating a
lid.
6
A door chest is typically a chest with hinged doors to store clothing, whether or not containing drawers. The
piece may also include shelves for televisions and other entertainment electronics.
7
A chiffonier is typically a tall and narrow chest of drawers normally used for storing undergarments and
lingerie, often with mirror(s) attached.
8
A hutch is typically an open case of furniture with shelves that typically sits on another piece of furniture and
provides storage for clothes.
9
An armoire is typically a tall cabinet or wardrobe (typically 50 inches or taller), with doors, and with one or
more drawers (either exterior below or above the doors or interior behind the doors), shelves, and/or garment rods or
other apparatus for storing clothes. Bedroom armoires may also be used to hold television receivers and/or other
audio-visual entertainment systems.
5
DEFINITIONS--Continued
Wooden bedroom furniture--Continued.
The scope of the order excludes the following items: (1) Seats, chairs, benches, couches,
sofas, sofa beds, stools, and other seating furniture; (2) mattresses, mattress supports (including
box springs), infant cribs, water beds, and futon frames; (3) office furniture, such as desks,
stand-up desks, computer cabinets, filing cabinets, credenzas, and bookcases; (4) dining room or
kitchen furniture such as dining tables, chairs, servers, sideboards, buffets, corner cabinets, china
cabinets, and china hutches; (5) other non-bedroom furniture, such as television cabinets, cocktail
tables, end tables, occasional tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or rattan; (7) side rails for beds
made of metal if sold separately from the headboard and footboard; (8) bedroom furniture in which
bentwood parts predominate;10 (9) jewelry armoires;11 (10) cheval mirrors;12 (11) certain metal
parts;13 (12) mirrors that do not attach to, incorporate in, sit on, or hang over a dresser if they are
not designed and marketed to be sold in conjunction with a dresser as part of a dresser-mirror set;
(13) upholstered beds14 and (14) toy boxes.15
10
As used herein, bentwood means solid wood made pliable. Bentwood is wood that is brought to a curved
shape by bending it while made pliable with moist heat or other agency and then set by cooling or drying. See
Customs’ Headquarters’ Ruling Letter 043859, dated May 17, 1976.
11
Any armoire, cabinet or other accent item for the purpose of storing jewelry, not to exceed 24 in width, 18
in depth, and 49 in height, including a minimum of 5 lined drawers lined with felt or felt-like material, at least one side
door (whether or not the door is lined with felt or felt-like material), with necklace hangers, and a flip-top lid with inset
mirror. See Issues and Decision Memorandum from Laurel LaCivita to Laurie Parkhill, Office Director, Concerning
Jewelry Armoires and Cheval Mirrors in the Antidumping Duty Investigation of Wooden Bedroom Furniture from the
People’s Republic of China, dated August 31, 2004. See also Wooden Bedroom Furniture From the People’s Republic
of China: Final Changed Circumstances Review, and Determination To Revoke Order in Part, 71 FR 38621 (July 7,
2006).
12
Cheval mirrors are any framed, tiltable mirror with a height in excess of 50 inches that is mounted on a
floor-standing, hinged base. Additionally, the scope of the order excludes combination cheval mirror/jewelry cabinets.
The excluded merchandise is an integrated piece consisting of a cheval mirror, i.e., a framed tiltable mirror with a
height in excess of 50 inches, mounted on a floor-standing, hinged base, the cheval mirror serving as a door to a cabinet
back that is integral to the structure of the mirror and which constitutes a jewelry cabinet line with fabric, having
necklace and bracelet hooks, mountings for rings and shelves, with or without a working lock and key to secure the
contents of the jewelry cabinet back to the cheval mirror, and no drawers anywhere on the integrated piece. The fully
assembled piece must be at least 50 inches in height, 14.5 inches in width, and 3 inches in depth. See Wooden Bedroom
Furniture From the People’s Republic of China: Final Changed Circumstances Review and Determination To Revoke
Order in Part, 72 FR 948 (January 9, 2007).
13
Metal furniture parts and unfinished furniture parts made of wood products (as defined above) that are not
otherwise specifically named in this scope (i.e., wooden headboards for beds, wooden footboards for beds, wooden
side rails for beds, and wooden canopies for beds) and that do not possess the essential character of wooden bedroom
furniture in an unassembled, incomplete, or unfinished form. Such parts are usually classified under the Harmonized
Tariff Schedule of the United States (“HTSUS”) subheading 9403.90.70.
14
Upholstered beds that are completely upholstered, i.e., containing filling material and completely covered
in sewn genuine leather, synthetic leather, or natural or synthetic decorative fabric. To be excluded, the entire bed
(headboards, footboards, and side rails) must be upholstered except for bed feet, which may be of wood, metal, or any
other material and which are no more than nine inches in height from the floor. See Wooden Bedroom Furniture from
the People’s Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order
in Part, 72 FR 7013 (February 14, 2007).
15
To be excluded the toy box must: (1) Be wider than it is tall; (2) have dimensions within 16 inches to 27
inches in height, 15 inches to 18 inches in depth, and 21 inches to 30 inches in width; (3) have a hinged lid that
6
DEFINITIONS--Continued
Wooden bedroom furniture--Continued.
Imports of subject merchandise are reported under statistical reporting number
9403.50.9040 of the Harmonized Tariff Schedule of the United States (HTS) as “wooden … beds”
and under statistical reporting number 9403.50.9080 of the HTS as “other … wooden furniture of
a kind used in the bedroom.” In addition, wooden headboards for beds, wooden footboards for
beds, wooden side rails for beds, and wooden canopies for beds may also be imported under
statistical reporting number 9403.50.9040 of the HTS as “parts of wood” and framed glass mirrors
may also be imported under statistical reporting number 7009.92.5000 of the HTS as “glass
mirrors … framed.” This review covers all wooden bedroom furniture meeting the above
description, regardless of tariff classification.
Bed.--A bed is defined as a headboard with or without any combination of related pieces such as
a foot board, side rails, or canopy. Except where indicated, a bed is considered a single piece
whether it contains one or more separate pieces. Bunk beds should be counted as two beds.
Bedroom suite.--Collection of three or more furniture pieces containing at least one bed (see
definition of bed).
Bentwood.--For purposes of this review, bentwood means solid wood made pliable. Bentwood is
wood that is brought to a curved shape by bending it while made pliable with moist heat or other
agency, and then set by cooling or drying.
Solid wood veneer.--A thin slice of solid wood. Papers, vinyls, composite panels, and non-wood
materials are not solid-wood veneers.
Solid wood or solid wood veneer wooden bedroom furniture.--Wooden bedroom furniture for
which the exposed surface area (including fronts, tops, and sides, but not backs and bottoms) is
predominately solid wood or solid wood veneer.
Hospitality wooden bedroom furniture.--Wooden bedroom furniture manufactured or imported
exclusively for enterprises such as hotels, motels, resorts, etc.
encompasses the entire top of the box; (4) not incorporate any doors or drawers; (5) have slow-closing safety hinges;
(6) have air vents; (7) have no locking mechanism; and (8) comply with American Society for Testing and Materials
(“ASTM”') standard F963-03. Toy boxes are boxes generally designed for the purpose of storing children’s items such
as toys, books, and playthings. See Wooden Bedroom Furniture from the People’s Republic of China: Final Results
of Changed Circumstances Review and Determination to Revoke Order in Part, 74 FR 8506 (February 25, 2009).
Further, as determined in the scope ruling memorandum “Wooden Bedroom Furniture from the People’s Republic of
China: Scope Ruling on a White Toy Box,” dated July 6, 2009, the dimensional ranges used to identify the toy boxes
that are excluded from the wooden bedroom furniture order apply to the box itself rather than the lid.
7
DEFINITIONS--Continued
Institutional wooden bedroom furniture.--Wooden bedroom furniture manufactured or imported
exclusively for enterprises such hospitals, nursing homes, military housing, public housing, or
rental firms.
Retailers.--Consists of furniture stores, department stores, mass merchandisers, and other
commercial sellers of wooden bedroom furniture to the end-use consumer.
Pieces.--Individual furniture items, with all items associated with a bed counted as one piece
(i.e., any combination of headboard, foot board, side rails, or canopy).
Business plan.-- A document that summarizes the operational and/or financial objectives of a
business and contains information showing how the objectives are to be realized. This definition
is intended to include both externally-focused plans (such as plans to stakeholders or lenders), and
internally focused plans (including operational plans and project plans). A business plan includes,
but is not limited to, any business planning document that discusses the product at issue. If your
firm generates business planning documents that are not limited specifically to wooden bedroom
furniture, please provide business plans for the most specific category available that includes
wooden bedroom furniture. For example, if your firm does not generate a business plan
specifically for wooden bedroom furniture but it does generate a business plan for wooden
furniture generally, provide a copy of that business plan. If your firm generates only a single
business plan for the entire company, please provide a copy of that business plan. If your firm
generates business plans on an annual or other periodic basis, please provide a copy of all business
plans covering the period of review if possible, or at least the most recent business plan.
Settlement.-- Any written or oral agreement whereby the U.S. industry (or the American Furniture
Manufacturers Committee for Legal Trade, and/or an individual U.S. producer) agrees not to request
an administrative review of a particular producer or exporter, or agrees to withdraw a request to review
a particular producer or exporter, or a U.S. importer, of wooden bedroom furniture from China in
exchange for money, the right to engage in an exclusive or preferred supply arrangement, or in
exchange for any other form of consideration. This would include consideration received directly or
indirectly (for example, through a law firm).
Firm.--An individual proprietorship, partnership, joint venture, association, corporation
(including any subsidiary corporation), business trust, cooperative, trustee in bankruptcy, or
receiver under decree of any court.
Related firm.--A firm that your firm solely or jointly owned, managed, or otherwise controlled; a
firm that solely or jointly owned, managed, or otherwise controlled your firm; and/or a firm that
was solely or jointly owned, managed, or otherwise controlled by a firm that also solely or jointly
owned, managed, or otherwise controlled your firm.
Establishment.--Each facility of a firm in the United States involved in the production,
importation, and/or purchase of wooden bedroom furniture (as defined above), including auxiliary
facilities operated in conjunction with (whether or not physically separate from) such facilities.
8
DEFINITIONS--Continued
United States.--For purposes of this review, the 50 States, Puerto Rico, the U.S. Virgin Islands,
and the District of Columbia.
Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary,
in importing wooden bedroom furniture (as defined above) into the United States from a foreign
manufacturer or through its selling agent.
Imports.--Those products identified for Customs purposes as imports for consumption for which
your firm was the importer of record (i.e., was responsible for paying any import duty) or
consignee (i.e., to which the merchandise was first delivered).
Import quantities.--Quantities reported should be net of returns.
Import values.--Values reported should be landed, duty-paid values (but not including
antidumping and/or countervailing duties) at the U.S. port of entry, including ocean freight and
insurance costs, brokerage charges, and normal import duties (i.e., including all charges except
inland freight in the United States and antidumping and/or countervailing duties).
Purchaser.--Any person or firm engaged, either directly or through a parent company or
subsidiary, in purchasing wooden bedroom furniture (as defined above) from another firm that
produces, imports, or otherwise distributes wooden bedroom furniture. A retail firm that is the
importer of record may be considered a purchaser
Purchases.--Purchases from all sources, NOT including direct imports from foreign sources
located outside of the United States (which should be reported in an importer questionnaire).
Purchase quantities.--Quantities reported should be net of returns.
Purchase values.--Values reported should be net values (i.e., gross purchase values less all
discounts, allowances, rebates, and the value of returned goods), delivered to your U.S.
receiving point.
Shipments.--Shipments of products produced in or imported by your U.S. establishment(s).
Include shipments to the contracting firm of product produced by your firm under a toll agreement.
Shipment quantities.--Quantities reported should be net of returns.
Shipment values.--Values reported should be net values (i.e., gross sales values less all
discounts, allowances, rebates, prepaid freight, and the value of returned goods), f.o.b.
your U.S. point of shipment. The value of domestic shipments to the contracting firm
under a toll agreement is the conversion fee (including profit).
9
DEFINITIONS--Continued
Types of shipments:
U.S. shipments.--Commercial shipments, internal consumption, and transfers to related
firms within the United States.
Commercial shipments.--Shipments, other than internal consumption and transfers
to related firms, within the United States.
Internal consumption.--Product consumed internally by your firm.
Transfers to related firms.--Shipments made to related domestic firms.
Export shipments.--Shipments to destinations outside the United States, including
shipments to related firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.
The following definitions apply only to the PRODUCER QUESTIONNAIRE.
Average production capacity.--The level of production that your establishment(s) could
reasonably have expected to attain during the specified periods. Assume normal operating
conditions (i.e., using equipment and machinery in place and ready to operate; normal operating
levels (hours per week/weeks per year) and time for downtime, maintenance, repair, and cleanup;
and a typical or representative product mix).
Toll agreement.--Agreement between two firms whereby the first firm furnishes the raw materials
and the second firm uses the raw materials to produce a product that it then returns to the first firm
with a charge for processing costs, overhead, etc.
Production.--All production in your U.S. establishment(s), including production consumed
internally within your firm and production for another firm under a toll agreement.
PRWs.--Production and related workers, including working supervisors and all nonsupervisory
workers (including group leaders and trainees) engaged in fabricating, processing, assembling,
inspecting, receiving, storage, handling, packing, warehousing, shipping, trucking, hauling,
maintenance, repair, janitorial and guard services, product development, auxiliary production for
plant=s own use (e.g., power plant), recordkeeping, and other services closely associated with the
above production operations.
Average number employed.--Add the number of employees, both full-time and part-time, for the
12 pay periods ending closest to the 15th of the month and divide that total by 12.
10
DEFINITIONS—Continued
Hours worked.--Include time paid for sick leave, holidays, and vacation time. Include overtime
hours actually worked; do not convert overtime pay to its equivalent in straight-time hours.
Wages paid.--Total wages paid before deductions of any kind (e.g., withholding taxes, old-age and
unemployment insurance, group insurance, union dues, bonds, etc.). Include wages paid directly
by your firm for overtime, holidays, vacations, and sick leave.
Fiscal year.--The 12-month period between settlement of your firm=s financial accounts.
Continued Dumping and Subsidy Offset Act (Byrd Amendment) funds received.--Funds
disbursed by the Bureau of Customs and Border Protection under the Continued Dumping and
Subsidy Offset Act of 2000 (the AByrd Amendment@). The Byrd Amendment provides for the
annual distribution of the duties collected pursuant to antidumping and countervailing duty orders.
The distribution is available to Aaffected domestic producers for qualifying expenditures.@
Purchases other than direct imports.--Purchases from U.S. producers, U.S. importers, and other
U.S. sources.
11
File Type | application/pdf |
File Title | Microsoft Word - WBF Review US Instructions.doc |
Author | amy.sherman |
File Modified | 2010-06-21 |
File Created | 2010-06-17 |