Commerce Reiterates Stance on Wooden Bedroom Furniture Duties for Ethan Allen 'Accent' Chest

The Commerce Department again found a model of a chest claimed by Ethan Allen to be living room furniture to be subject to antidumping duties on wooden bedroom furniture from China (A-570-890), in the results of a remand filed with the Court of International Trade on Nov. 26. The agency reiterated that decorated “accent” chests for living rooms can be considered bedroom furniture if they are suited to store clothes, and pointed to new evidence from Ethan Allen’s Facebook page that showed the company’s Vivica chests advertised alongside other bedroom furniture.

Commerce had originally ruled the Vivica chest to be subject to AD duties in a scope ruling issued in June (see 14060403). Faced with the question of whether the Vivica chest was meant for living rooms or bedrooms, it conducted a detailed analysis of factors like physical characteristics and advertising. The agency determined that the chest is suited for bedroom use even if it isn’t advertised as such, and is subject to duties on wooden bedroom furniture from China. After Ethan Allen filed suit at CIT in June, Commerce requested a voluntary remand because it broke its own rules by failing to ask for comments before it conducted the more detailed analysis. Several domestic furniture companies and importers submitted comments on the remand proceeding.

The industry input did not change Commerce’s opinion on the dutiability of the Vivica chests, however. Once again, Commerce found that the chest is deep enough for holding clothes, and thus is suitable for use as wooden bedroom furniture. One importer argued the chest was actually “accent” furniture, more highly decorated than furniture meant for bedroom use. But Commerce found that the Vivica chest was physically identical to bedroom furniture, and exempting it from the scope would allow importers to get around AD duties simply by decorating a chest and declaring it to be “accent” furniture.

Additionally, despite having found in its original ruling that the Vivica chest was subject to duties regardless of its advertising as living room furniture, Commerce in its remand results cited new evidence that the Vivica chest is advertised as bedroom furniture as well. It pointed to several pictures on Ethan Allen’s Facebook page showing the Vivica chest used in a bedroom setting, as well as comments from Facebook users that indicate use in bedrooms. No schedule has yet been set for the court to consider the remand results.

Email ITTNews@warren-news.com for a copy of the remand results.