The product covered by the order is 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 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) hests-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.
The scope of the Petition 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 armories \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.
Imports of subject merchandise are classified under statistical category 9403.50.9040 of the HTSUS 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 footboards 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. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.
Scope Rulings Made Between April 1, 2015 and June 31, 2015:
Requestor: Bassett Mirror Company, Inc.; Reflections and Murano chairside chests are outside the scope of the antidumping duty order because of their limited storage space and characteristics consistent with end tables or occasional tables; April 30, 2015.
Scope Rulings Made Between January 1, 2015 and March 31, 2015:
Requestor: Bassett Mirror Company, Inc.; Borghese Lady’s Writing Desk is excluded from the scope of the antidumping duty order because it is office furniture; March 26, 2015.
Scope Rulings Made Between October 1, 2014 and December 31, 2014:
Requestor: KidKraft, LP; Austin and Raleigh model toy boxes are not covered by the scope of the antidumping duty order because the Austin model meets the scope exclusion for toy boxes and the Raleigh model has nearly all of the physical characteristics of excluded toy boxes and has characteristics consistent with excluded benches/seating furniture; November 21, 2014.
Requestor: Maxim Company Taiwan, Ltd.; construction vehicle toddler bedsresembling a toy front-end loader are not covered by the scope of the antidumping duty order because they are designed to use a standard crib mattress and they conform to ASTM F 1821-13; November 19, 2014.
Scope Rulings Made Between April 1, 2014 and June 30, 2014
Requestor: Ethan Allen Operations Inc.; Marlene, Nadine, Serpentine, and Vivica chests are all covered by the scope of the antidumping duty order because of similarities with subject chests described in the scope; May 27, 2014.
Scope Rulings Made Between January 1, 2014 and March 31, 2014
Requestor: Stork Craft Manufacturing Inc. (``Stork Craft''); Stork Craft's bench/toy box is excluded from the scope of the order because it shares sufficient characteristics with excluded toy boxes, in addition to having elements consistent with excluded seating furniture; February 25, 2014.
Scope Rulings Made Between October 1, 2013 and December 31, 2013
Requestor: Whalen Furniture Manufacturing Inc.; Upholstered headboards are not within the scope of the antidumping duty order because they are completely upholstered and designed to work with metal bed frames; October 28, 2013.
Scope Rulings Made Between July 1, 2013, and September 30, 2013
Requestor: Dorel Home Products Group; Imagination Junior Loft Beds (fire truck and princess castle) are within the scope of the antidumping duty order because they are beds made substantially of wood; July 22, 2013.
Requestor: Whalen Furniture Manufacturing, Inc.; modular room dividers are not within the scope of the antidumping duty order because they are similar to bookcases or wall unit systems which are excluded
from the scope; August 29, 2013.
Scope Rulings Made Between April 1, 2013, and June 30, 2013
Requestor: Badger Basket Company; Badger Basket Company's infant changing table with one hamper and three baskets is outside the scope of the order because it is sufficiently distinguishable from dressers and other wooden bedroom furniture that is covered by the order; April 2, 2013.
Scope Rulings Made Between October 1, 2012, and December 31, 2012:
Requestor: Medline Industries, Inc.; Medline's Hospital Bed End Panels are within the scope of the antidumping duty order; December 21, 2012.
Scope Rulings Completed Between October 1, 2011, and December 31, 2011:
Requestor: University Loft Company; twin-sized Metropolitan (item number 50211SKD) and full-sized Metropolitan (item number 50205SKD) slat beds are not within the scope of the antidumping duty order, while twin-sized (item number 50470-12) and full-sized (item number 50480-12) metal bed headboards and the Upperclassman 2 shelf nightstand (item number 50568-152) are within the scope of the antidumping duty order; December 13, 2011.
Requestor: Delta Enterprise Corporation; its Delta Venetian changing table is outside of the scope of the antidumping duty order; December 27, 2011.
Scope Rulings Completed Between April 1, 2011, and June 30, 2011
Requestor: Acme Furniture Industry Inc.; partially upholstered daybed with trundle unit is within the scope of the antidumping duty order; fully upholstered daybed without trundle unit is not within the scope of the antidumping duty order; April 15, 2011.
Requestor: Ashley Furniture Industries Inc.; certain polyurethane mirrors and an upholstered mirror are not within the scope of the antidumping duty order; April 26, 2011.
Scope Rulings Completed Between January 1, 2011, and March 31, 2011
Requestor: Shermag Inc.; its two crib and changing table combinations are not within the scope of the antidumping duty order; February 8, 2011.
Requestor: Poundex Associates Corp.; a bi-cast leather sleigh bed and a bi-cast leather platform bed are within the scope of the antidumping duty order; March 31, 2011.
Requestor: Stork Craft Manufacturing; its two infant (baby) changing tables are within the scope of the antidumping duty order; February 24, 2011.
Scope Rulings Completed Between October 1, 2010, and December 31, 2010
Requestor: Target Corporation; its kid's accent table is not within the scope of the antidumping duty order; November 1, 2010.
Requestor: Legacy Classic Furniture; its heritage court bench is within the scope of the antidumping duty order; November 22, 2010.
Requestor: Emerald Home Furnishings; its granite and wood vanity are not within the scope of the antidumping duty order; December 20, 2010.
Requestor: Delta Enterprise Corporation; its crib and changing table combo collection is not within the scope of the antidumping duty order; December 21, 2010.
Scope Rulings Completed Between April 1, 2009, and June 30, 2009
Requestor: Target Corporation; the Shabby Chic secretary desk and mirror are outside the scope of the antidumping duty order; April 15, 2009.
Scope Rulings Completed Between January 1, 2009, and March 31, 2009
Requestor: Armel Enterprises, Inc.; certain children's playroom and accent furniture are within the scope of the antidumping duty order; March 4, 2009.
Requestor: Acme Furniture Industry, Inc.; certain mattress supports (item nos. 2833, 2834, 2835, 2836 and 2837) are outside the scope of the antidumping duty order; March 17, 2009.
Requestor: Zinus, Inc. and Zinus (Xiamen) Inc.; the Smartbox mattress support and box spring are outside the scope of the antidumping duty order; March 24, 2009.
Scope Rulings Completed Between October 1, 2008, and December 31, 2008
Requestor: Stanley Furniture Company, Inc.; its convertible cribs are not within the scope of the antidumping duty order; December 23, 2008.
Scope Rulings Completed Between July 1, 2008, and September 30, 2008:
Requestor: Dutailier Group, Inc.; its convertible cribs (infant crib to toddler bed; model numbers 1230C8, 3500C8, 5400C8, 5500C8, and 6200C8) are not within the scope of the antidumping duty order; July 10, 2008.
Requestor: Shermag Inc.; the Three-in-One Cribs (model 2056-48, 2110-49, and 2045-48) are not within the scope of the antidumping duty order; July 11, 2008.
Scope Rulings Completed Between April 1, 2008, and June 30, 2008:
Requestor: AP Industries; convertible cribs (model nos. 1000-0100; 1000-0125; 1000-0160; 1000-1195/2195; 1000-2145; and 1000-2165) are not within the scope of the antidumping duty order; April 30, 2008
Scope Rulings Completed Between April 1, 2007, and June 30, 2007:
Requestor: Target Corporation; the products in its ``Manhattan Collection'' (which consists of a bench, computer cart, bookcase, modular room divider and desk) are not within the scope of the antidumping duty order; June 11, 2007.
Scope Rulings Completed Between January 1, 2007 and March 31, 2007:
Requestor: Toys'R Us, Inc.; the: 1) Cabbage Patch Kids Wooden Toy Box, manufactured by Toy Vault; 2) Americana Wood Toy Box with Bins, manufactured by Little Tikes; 3) Americana Wood Toy Box, manufactured
by Little Tikes; and 4) Transportation Toy Box, manufactured by KidKraft, are within the scope of the antidumping duty order; the Toy Box with Wheels, manufactured by Fun Times, is not within the scope of the antidumping duty order; March 9, 2007.
Scope Rulings Completed Between October 1, 2006 and December 31, 2006:
Requestor: Tuohy Furniture Corporation; its storage towers, TV stands, coffee tables, and wood panels are not within the scope of the antidumping duty order, but its bedside tables and headboards are within the scope of the antidumping duty order; November 27, 2006.
Requestor: American Signature, Inc.; its mirrored chests are included within the scope of the antidumping duty order; December 13, 2006.
Scope Rulings Completed Between July 1, 2006 and September 30, 2006:
Requestor: Dorel Asia SrL; its infant (baby) changing tables with drawers or doors are within the scope of the antidumping duty order; its infant (baby) changing tables with no drawers or doors and with the flat top surface surrounded by a permanent guard rail, and its toddler beds are not within the scope of the antidumping duty order; August 11, 2006.
Requestor: Drexel Heritage; its bathroom vanity is within the scope of the antidumping duty order; September 5, 2006.
Scope Rulings Completed Between October 1, 2005 and December 31, 2005:
Requestor: Dorel Asia; infant (baby) armoires and toy boxes and chests are within the scope of the antidumping duty order; November 14, 2005.
Requestor: Leggett & Platt; three-sided wooden daybeds with the back being longer than the two sides and are designed for use with a metal daybed link spring support (also known as a ``top spring'') are within the scope of the antidumping duty order; November 21, 2005.
Requestor: LumiSource, Inc.; its cell phone stash chair, whale stash chair, dolphin stash chair, and stash cube are excluded from the antidumping duty order; December 15, 2005.
Scope Rulings Completed Between July 1, 2005 and September 30, 2005:
Requestor: Sunrise Medical Inc.; wooden bed panels and case goods are within the scope of the antidumping duty order, and certain overbed tables are excluded from the scope of the antidumping duty order; September 29, 2005.
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\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.
\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 lined with felt or felt-like material, with necklace hangers, and a flip-top lid with inset mirror. See Memorandum from Laurel LaCivita to Laurie Parkhill, Office Director, Issues and Decision Memorandum 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.
\12\ Cheval mirrors, i.e., any framed, tiltable mirror with a height in excess of 50 that is mounted on a floor-standing, hinged base.
\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 in subheading 9403.90.7000, HTSUS. |