October 31, 2003, a coalition of U.S. manufacturers filed a petition
requesting that up to 441% antidumping duties be applied to U.S.
imports of wooden bedroom furniture from China, which may amount
for $2-3 Billion in annual imports. The International
Trade Commission has accordingly opened a preliminary antidumping
investigation to determine whether there is injury or the likelihood
of injury to the U.S. industry, and the ITA will open an investigation
to determine whether there are sales at less than fair value at
the alleged percentages or other amounts.
What Products Are Within the Scope
Of The Petition?
products are defined in the petition as wooden bedroom furniture,
which is generally designed, manufactured, and offered for sale
in coordinated groups or suites. Such products are made substantially
of wood (including both solid wood and also engineered wood products
made from wood particles, fibers, or other wooden materials such
as plywood, etc.). While coverage is defined solely by the narrative
text, the products within the petition's coverage are generally
expected to fall within subheadings 9403.50.9040 and 9403.50.9080
of the U.S. Harmonized Tariff Schedule (HTSUS).
are many products such as seating furniture (seats, sofas, sofa
beds), mattresses, office furniture, dining room and kitchen furniture,
wall systems, and bedroom furniture, made primarily of wicker,
cane, bamboo, etc.
Requirements To Post A Bond Or Cash
Deposit Of Additional Dumping Duties
a determination is made by the ITA to proceed with their investigation,
Customs and Border Protection will require that a bond be posted
for the deposit of estimated dumping duties. Hence, the potential
percentage of dumping duties can significantly affect the importation
of furniture within the scope.
What Can Importers And Manufacturers
Do To Protect Their Rights?
of Chinese wooden bedroom furniture should protect their legal
rights by immediately seeking experienced trade counsel to determine
the procedures by which products may either be excluded from the
scope of this petition or to minimize the potential antidumping
will likely go through a respondent sampling process, but
even an "unselected" small company could be seriously
impacted (positively or negatively) based on whether or not the
company "shows up" for the selection process. A manufacturer
or seller who fails to participate in these proceedings may find
that its products are subject to higher antidumping rates than
the rates set on products of competitors who do participate in
the U.S. legal process. Thus, Chinese manufacturers should be
represented in these proceedings. Additionally, Chinese manufacturers
should be educated to the potential impact of an adverse determination
and the procedures to be followed.
additional information regarding these procedures, consult our
web site under the topic of antidumping.
firm has substantial favorable experience with regard to the antidumping
order on Chinese products. As an example, we represented an exporter
of porcelain-on-steel-cookware from China, and assisted the exporter
in answering Commerce's questionnaire in an annual review. As
a result of our efforts, Commerce reduced the company's AD duties
from 66.23% to zero. Please feel free to contact us with any
questions you may have, as there are many strategies for minimizing
final duty obligations.
contact Stephen Spraitzar at (415) 288-0427 or email@example.com
if you have additional questions.
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