U.S. Wooden Bedroom Furniture Manufacturers Win Continued Relief from Unfair Imports

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On January 10, the U.S. International Trade Commission (ITC) determined that revocation of the antidumping duty order on wooden bedroom furniture from China would likely lead to the continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. As a result, the existing antidumping duty order with cash deposit rates up to 216.01 percent (the China-wide entity rate) will remain in place.

Section 751(c) of the Tariff Act of 1930 requires the Department of Commerce (Commerce) and the ITC to conduct a review no later than five years after the issuance or continuation of an antidumping or countervailing duty order to determine whether revocation of the order would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy and of material injury. This was the second five-year review on the antidumping duty on wooden bedroom furniture from China. The ITC’s decision comes after Commerce’s determination on March 9, 2016 in its expedited five-year review that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping.

The American Manufacturers Committee for Legal Trade (AFMC) started this case by filing a petition on October 31, 2003 and, after affirmative determinations by the ITC and Commerce in the original investigations, the antidumping duty order went into effect on January 4, 2005. Following affirmative determinations in the first five‐year review by Commerce and the ITC in April 2010 and December 2010, respectively, Commerce issued a continuation of the antidumping duty order on December 30, 2010.

Commerce will issue a notice in the Federal Register continuing the antidumping duty order as a result of this second review in the coming weeks.

The AFMC was represented by King & Spalding in this review.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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