| While the scope language has not been finalized and
will still require a narrative description issued by Commerce, the
types of products which have been proposed in the industry’s
petition have been defined as "wooden bedroom furniture".
The petitioners describe "Wooden bedroom furniture" as follows:
Furniture which 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 are 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, particleboard, 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:
(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) chests-on-chests1, highboys2, lowboys3, chests of drawers4, chests5, door chests6, chiffoniers7, hutches8, and armoires9;
(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:
(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, cocktails 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; and
(8) bedroom furniture in which bentwood10
parts predominate.
Imports of subject merchandise are
classified under statistical category 9403.50.9040 of the Harmonized
Tariff Schedule of the United States ("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, our written description
of the scope of this proceeding is dispositive.
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
"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.
Copyright
© 2003 by Tuttle Law Offices.
All
rights reserved. Information has been obtained from sources
believed to be reliable. However, because of the possibility
of human or mechanical error by our offices or by others, we
do not guarantee the accuracy, adequacy, or completeness of
any information and are not responsible for any errors, omissions,
or for the results obtained from the use of such information.
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