December 11, 2003, the U.S. Department of Commerce announced that
it would initiate an antidumping investigation on Wooden Bedroom
Furniture from the People's Republic of China (China), in response
to a petition filed by a coalition of U.S. manufacturers on October
The coalition of U.S. manufacturers requested that
antidumping duties between 158.74% and 440.96% be
levied against various types of wooden bedroom furniture from
China. For more information on the type of furniture subject
to this petition click Scope
dumping is found to exist, Commerce will require U.S. Customs
and Border Protection to collect additional antidumping duties
on products that fall within the scope of the finding.
is now up to Commerce to make a preliminary determination as to
whether there are sales of wooden bedroom furniture in the United
States at less than fair value. If the preliminary determination
is affirmative, Commerce will order the suspension of liquidation
of the entries, and require all importers to post a bond for antidumping
duties until a final determination is issued. The preliminary
decision may be announced as soon as April 28, 2004.
the final determination is affirmative, an antidumping order will
be issued and importers will be required to make cash deposits
of antidumping rates based on rates determined for each manufacturer/exporter
as determined by Commerce.
For more Information on this case
and the antidumping process, go to:
Antidumping information page
Information to the China wood-furniture controversy
What can Importers And Manufacturers
Do Now To Protect Their Rights?
Importers and suppliers of Chinese wooden bedroom
furniture should immediately request participation
in the antidumping investigation. Parties that are not a part
of the proceeding will not have standing to object to the findings,
and once an antidumping order is issued, importers will have to
wait a year or more before antidumping rates can be reviewed.
During the investigation period, importers, suppliers
and manufacturers may submit comments to Commerce as to what furniture
products should be excluded from the investigation. Importers
and Chinese suppliers should file comments about the scope of
the merchandise that is the subject of the review.
will also want to participate and request Commerce to send an
antidumping questionnaire to their Chinese supplier so that a
separate dumping rate can be established. Unless the Chinese
supplier responds to its own questionnaire, the supplier will
be subject to the China-wide rate determined by Commerce, which
will apply to all Chinese suppliers who do not answer a questionnaire.
The Timetable for Importers to Post
a Bond and to Make Cash Deposits of Estimated Antidumping Duties
Antidumping cases are commenced by the simultaneous
filing of a petition with Commerce and the International Trade
Commission (ITC), both of which then conduct investigations.
Once the petition is accepted, there are four separate
determinations which must be issued by the government agencies
in order for additional antidumping duties to be formally instituted.
ITC must reach a positive preliminary determination
of injury to the U.S. industry.
must make a preliminary determination as to whether the
imports are being sold at less than fair value (LTFV). (A
negative preliminary finding will not necessarily terminate
will then allow for comments, prior to making a final
determination as to the LTFV issues.
the Commerce’s final determination of LTFV, the case returns
to the ITC where a final injury determination is issued.
As a means of securing dumping duties, Commerce will
issue a "suspension of liquidation" at the time of an
affirmative preliminary determination from Commerce (number
2 above). The preliminary determination will suspend the liquidation
of entries of Chinese wooden furniture, and will require that
importers post a separate bond for the payment of the estimated
antidumping duties at the time of making entry. The liquidation
of entries is suspended until the final determination, unless
subject to judicial review. If the determination is affirmative,
and the ITC also finds that there is injury, Commerce will issue
an antidumping order, which will set forth the final applicable
Importers will be required to make cash deposits of
the antidumping duties on or after the date of the antidumping
order. In addition, any formerly suspended entries on which bonds
were posted would also be subject to antidumping duties.
has published the following calendar for this investigation:
Published Case Calendar
* The ITC will issue its preliminary determination 25 days from
the day of receiving notice of the Department of Commerce's Initiation
** This will take place only in the event of a final affirmative
determination from the Department of Commerce.
*** This will take place only in the event of a final affirmative
determination from the Department of Commerce and the International
Participation in antidumping proceedings is difficult
and complicated. Professional advice should be obtained with
regard to completing a questionnaire and for counsel in participating
effectively in these antidumping proceedings.
Our law firm specializes in the practice of antidumping,
Customs, and International trade. If you or any of your suppliers
believe you may be subject to the Commerce antidumping administrative
review, please do not hesitate to contact us. We can provide
assistance in responding to Commerce questionnaires, as well as
advice on other strategies for minimizing final duty obligations.
R. Tuttle, PC is a Professional Corporation, which since 1917
has been assisting the trade to resolve disputes in antidumping,
international trade and Customs law. Please contact Stephen Spraitzar at
(415) 288-0427 (email firstname.lastname@example.org),
should you have further questions.
Stephen Spraitzar is an attorney with the Law Offices
of George R. Tuttle in San Francisco. The information in this
article is general in nature and is not intended to constitute
legal advice or to create an attorney-client relationship with
respect to any event or occurrence, and may not be considered