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Upholstered Daybeds UNITED STATES DEPARTMENT OF COMMERCE International Trade Administration Washington, D.C. 20230 A-570-890 Scope Inquiry IA I Office 4:MAZ Public Document April 15, 2011 MEMORANDUM TO: Christian Marsh Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations THROUGH: Abdelali Elouaradia Director, Office 4 AD/CVD Operations Howard Smith r!..~ Program Manager, Office 4 AD/CVD Operations FROM: Magd Zalok #/{$ International Trade Analyst, Office 4 AD/CVD Operations RE: Wooden Bedroom Furniture from the People's Republic ofChina: Scope Ruling on Acme Furniture Industry, Inco's Upholstered Daybeds Summarv Based on the analysis below, we recommend finding that Acme Furniture Industry, Inc.'s ("Acme") upholstered daybed with trundle ("daybed wi trundle"), one oftwo products subject to this scope inquiry, is covered by the scope ofthe antidumping duty order on wooden bedroom furniture ("WBF") from the People's Republic ofChina ("PRC"). See Notice ofAmended Final Determination ofSales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture From the People's Republic ofChina, 70 FR 329 (January 4,2005). ("WBF order"). Moreover, we recommend finding that Acme's upholstered daybed without trundle ("daybed wlo trundle"), the other product subject to this scope inquiry, is not covered by the WBF order. Background On January 20, 2011, Acme requested a ruling by the Department ofCommerce ("the Department") to determine whether the products it imports and describes as a daybed wi trundle, item # 02420, and a daybed wlo trundle, item # 04415, are outside the scope ofthe WBF order. l 1 See Acme's January 20, 2011, submission at I (Acme filed two separate product-specific requests under a single cover letter. To distinguish between the discrete portions ofthe submission, we have referred to the cover letter as .;i;.,.... tI£.IlT O"c i·~ ,~) '\; '/lADE ~ On February 7, 2011, the American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. (collectively, "Petitioners") submitted comments on Acme's Upholstered Daybed wi Trundle Request and the Upholstered Daybed wlo Trundle Request.2 On February 18, 2011, the Department issued a supplemental questionnaire to Acme. In its February 18, 2011, supplemental questionnaire, the Department informed Acme that because its January 20, 20II, scope request was not sufficiently detailed, the Department would consider the due date for Acme's supplemental questionnaire response to be the filing date for its scope ruling request. On March 4,2011, Acme submitted its response to the Department's supplemental questionnaire.3 Therefore, the deadline for issuing the Department's scope ruling or initiating a formal scope inquiry is April 18, 20 II. Description ofthe Merchandise Upholstered Day Bed with Trundle (Item number 02420) Acme states that the first item for which it is requesting a scope ruling is a daybed wi trundle, item number 02420.4 The photograph ofthe product submitted by Acme shows that the daybed wi trundle consists ofa headboard, a footboard, side rails and a trnndle unit. See Attachment I ofAcme's Upholstered Daybed wi Trundle Request. The product does not have a third side or back. Acme states that the headboard and footboard are constructed ofsolid wood, plywood, medium-density fiberboard ("MDF") and cardboard. Acme notes that elastic straps are mounted on the headboard and footboard frame, foam padding is inserted, and then upholstery is mounted on the front and back ofthe headboard and footboard. 5 Acme also states that the side rails are constructed ofsolid wood, which is exposed, with metal brackets, and the trnndle frame is constructed of solid wood, PVC, foam and hardware.6 Acme reports that the daybed wi trundle is composed ofapproximately 34% solid wood or wood components and 66% upholstered materials. According to Acme, the daybed wi trundle functions as a sofa bed,? is sold separately and not as part ofa set, and is intended to provide seating for any room in the home that would require a sofa.8 Acme states that upholstered daybeds are currently classified under Harmonized TariffSchedule ofthe United States ("HTSUS") number 9403.50.9040.9 the "General Scope Request." We have also referred to the request for the daybed wi trundle as the "Upholstered Daybed wi Trundle Request" and the request for the daybed wlo trundle as the "Upholstered Daybed wlo Trundle Request." See also WBF order. 2 See Letter from Petitioners to Secretary ofCommerce, "Petitioners' Response To Acme's Scope Ruling Request Regarding Upholstered Day Beds," dated February 7,2011 ("Petitioners' Comments"). 3 See Acme's Supplemental Questionnaire Response ("Supplemental Response") dated March 4, 2011. 4 See Upholstered Daybed wi Trundle Request at 1-2. 5 See Supplemental Response at I. 6 See id. 7 See id. 8 See id. 9 See id. 2 Upholstered Daybed with No Trundle (Item Number 04415) Acme states that the second item for which it is requesting a scope ruling is a daybed wlo trundle, item number 04415. 10 The photograph ofthe product submitted by Acme shows that the daybed wlo trundle consists ofa headboard and bed frame with side rails. See Attachment 2 of Acme's Upholstered Daybed wlo Trundle Request. Acme states that the daybed wlo trundle is completely upholstered except for the daybed feet, which are made ofwood not higher than nine 1 inches from the floor. I Acme notes that the daybed wlo trundle is currently classified under HTSUS number 9403.50.9040. Scope ofthe Order The product covered by the order is WBF. WBF is generally, but not exclusively, designed, manufactured, and offered for sale in coordinated groups, or bedrooms, in which all ofthe individual pieces are ofapproximately the same style and approximately the same material andlor finish. The subject merchandise is made substantially ofwood 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: (I) 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,12 highboys,13 lowboys,14 chests ofdrawers,15 chests,!6 door chests,17 chiffoniers,!8 hutches,19 and armoires;2o (6) desks, computer stands, 10 See Upholstered Daybed wlo Trundle Request at 2. 11 See id. 12 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. 13 A highboy is typically a tall chest ofdrawers usually composed ofa base and a top section with drawers, and supported on four legsor a small chest (often 15 inches or more in height). 14 A lowboy is typically a short chest ofdrawers, not more than four feet high, normally set on short legs. 15 A chest ofdrawers is typically a case containing drawers for storing clothing. 16 A chest is typically·a case piece taller than it is wide featuring a series ofdrawers 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. 17 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 entertaimnent electronics. 18 A chiffonier is typically a tall and narrow chest ofdrawers normally used for storing undergarments and lingerie, often with mirror(s) attached. 19 A hutch is typically an open case offurniture with shelves that typically sits on another piece offurniture and 3 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. The scope ofthe 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 ofwicker, cane, osier, bamboo or rattan; (7) side rails for beds made ofmetal ifsold separately from the headboard and footboard; (8) bedroom furniture in which bentwood parts predominate;21 (9) jewelry armories;22 (10) cheval mirrors;23 (11) certain metal parts;24 (12) mirrors that do not attach to, incorporate in, sit on, or hang over a dresser ifthey are not designed and marketed to be sold in conjunction with a dresser as part ofa dresser-mirror set; (13) upholstered beds25 and (14) toy boxes.26 y,rovides storage for clothes. o An annoire 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 apparatns for storing clothes.
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