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WASHINGTON – The U.S. Department of Commerce has bent that Ethan Allen charge pay antidumping duties on assertive emphasis chests fabricated in China, admitting the company’s claims that the chests are advised for active rooms, hallways and dining rooms.

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On Feb. 19, the aggregation asked the DOC to abode the chests alfresco the ambit of the Board Bedchamber Appliance Order, which imposes duties on bedchamber pieces fabricated in China. The duties are assigned to factories that accomplish the products, but paid by importers of record.

“The chests covered by this Ambit Cardinal Address are alfresco the ambit of the adjustment because they abort to amuse any one of the three prongs of the beginning analysis accustomed by the adjustment to ascertain ‘wooden bedchamber furniture,’ ” the aggregation said in its February letter to the DOC. “Simply put, not all chests are accountable merchandise. The adjustment applies alone to board bedchamber furniture.”

In its letter Ethan Allen additionally acicular out specific diction in the adjustment that defines board bedchamber appliance as generally… “designed, bogus and offered for auction in accommodating groups or bedrooms, in which all of the alone pieces are about the aforementioned appearance and about the aforementioned actual and finish.”

In its accord with the DOC, Ethan Allen said the four chests do not allotment any of the aforementioned accomplishment or appearance characteristics as its four accommodating bedchamber groups.

The duties on Chinese-made board bedrooms, in aftereffect back aboriginal 2005, are aimed at acclamation arbitrary appraisement approach of Chinese producers that the U.S. government bent accept afflicted U.S. bedchamber manufacturers.

The American Appliance Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture, the advance petitioners acknowledging the artifice of duties on Chinese-made bedrooms, said that they did not article to the four chests actuality placed alfresco the ambit of the antidumping order. They alone asked that any DOC cardinal be bound to these specific four chests and their agnate archetypal numbers.

However, the DOC disagreed with Ethan Allen’s position, adage that these chests and added copse appliance does not charge to be allotment of a accommodating bedchamber accumulation to be afflicted by the order.

In its May 27 ruling, the DOC wrote, “While the chests beneath application may accept assertive adorning aspects, the axiological elements of their architecture and ambit – three or four alongside accumbent drawers ample one aloft addition in a frame, providing, what we believe, is able accumulator amplitude for accouterment – is absolutely constant with chests of drawers accountable to the WBF Order.”

The DOC went on to say that aloof because a artefact is marketed for use in one allowance of the home does not beggarly it can’t be acclimated in added apartment such as a bedroom, anteroom or active room. It acicular to the “New Eclecticism” area of Ethan Allen’s website, area the aggregation promotes the “use of appliance in the bedchamber that is primarily manufactured, marketed and awash for use in settings added than the bedroom, such as a kitchen and active room…This advance focuses on appliance versatility,” the DOC wrote.

Ethan Allen did not anon acknowledge to a address for animadversion on the ruling. Legal experts say it can address the ambit cardinal to the Court of International Trade and that petitioners additionally can address the DOC conduct a “changed circumstances” analysis to exclude these chests.

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