CBP is unable to determine whether certain merchandise at issue is covered merchandise. Accordingly, pursuant to 19 USC §1517(b)(4) and 19 CFR §165.16, on December 22, 2017, CBP referred this matter to the U.S. Department of Commerce for a scope determination as to whether certain wooden bedroom furniture (“WBF”) items imported by Aspects Furniture International Inc. (“Aspects”) from the People’s Republic of China (“China”) are “incorporated in” or “attached to” subject merchandise or are otherwise subject to the order. An example of each of the types of items at issue are as follows:
Desk/Console table with drawers: Although referred to as a desk on the entry documentation, it is referred to as a console table with operable and decorative drawers on the invoices to Aspects’ customers. According to Aspects Furniture, it imports desks from China to be placed in a hospitality room/hotel room along with matching wooden bedroom furniture such as dressers, headboards and night stands. The desks are not always imported on the same entry with the wooden bedroom furniture. However, we note that the desks are the same material and finish as the bedroom furniture and are being sold to the same U.S. customer.
- Credenza/Trunk Storage/Cabinet with minibar: These items match the same material and finish as the bedroom furniture with which it is being sold. In fact, they are going into hotel bedrooms and suites that include bedrooms and living room areas. Each of these have drawers as well. It is CBP’s understanding that credenzas are specifically excluded from the scope, and that trunks are not mentioned in the scope. We further note that the Court of International Trade affirmed Commerce’s finding in an administrative review that the inclusion of a minibar with an item that is otherwise within the scope does not take the product outside the scope. Dongguan Sunrise Furniture Company et. al. v. United States, 865 F. Supp. 2d 1216, 1227-1228 (CIT June 6, 2012).
- Consoles/“Custom Dresser/Console”: Some consoles have dressers built in and some are entertainment consoles for televisions and entertainment centers. Further, some of Aspects’ invoices indicate that the consoles have three drawers and refer to the item as a “nightstand.” The consoles are also fitted with a powerhub, including an outlet. It is CBP’s understanding that consoles with a built-in dresser would be subject to the scope. Based on the documentation provided to CBP, these consoles appear to be designed for televisions and entertainment centers, have the same finish/veneer, and are sold to the same customer on the same entry with pieces of the bedroom furniture for that same room.
- Bed Bench Base: This is the same finish and material as other items in the bedroom set.
As a result of this referral, the deadlines in EAPA investigation 7189 have been stayed pending Commerce’s issuance of a determination.
If you have any questions specific to the EAPA Investigation 7189, please contact CBP at firstname.lastname@example.org, and please include the EAPA investigation number 7189 in the subject line of the message. For any questions specific to the scope referral and its procedures, please contact the U.S. Department of Commerce at the Customs and Border Protection Liaison Unit, Enforcement and Compliance, International Trade Administration, at (202) 482-0984.