[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Notices]
[Page 2055-2057]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-40]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture from the People's Republic of China:
Amended Final Results Pursuant to a Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 2056]]
SUMMARY: On October 10, 2008, the United States Court of International
Trade (``CIT'') sustained the Department of Commerce's (``Department'')
final results of redetermination pursuant to the Department's voluntary
remand, wherein the Department granted separate-rate status to Macau
Youcheng Trading Co./Zhongshan Youcheng Wooden Arts & Crafts Co., Ltd.
(collectively ``Youcheng'').\1\ The period of review (``POR'') is June
24, 2004, through December 31, 2005. As there is now a final and
conclusive court decision in this case, the Department is amending the
final results of the first administrative review of wooden bedroom
furniture (``WBF'') from the People's Republic of China (``PRC''), to
reflect this determination pursuant to a request by the Department for
the CIT to grant a remand in this case. See Amended Final Results of
Antidumping Duty Administrative Review and New Shipper Reviews: Wooden
Bedroom Furniture From the People's Republic of China, 72 FR 46957
(August 22, 2007) (``Amended Final Results''); and Second Amended Final
Results of Antidumping Duty Administrative Review: Wooden Bedroom
Furniture From the People's Republic of China, 72 FR 62834 (November 7,
2007) (``2nd Amended Final Results'').
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\1\ See Macau Youcheng Trading Co. and Zhongshan Youcheng Wooden
Arts & Crafts Co., Ltd. v. United States Court No. 07-00322: Final
Results Of Redetermination Pursuant To Voluntary Remand, dated
October 3, 2008 (``Youcheng v. United States'').
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EFFECTIVE DATE: January 14, 2009.
FOR FURTHER INFORMATION CONTACT: Frances Veith, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-4295.
SUPPLEMENTARY INFORMATION: On August 22, 2007, the Department published
its final results in the first administrative review of the antidumping
duty order on WBF from the PRC covering the period June 24, 2004,
through December 31, 2005, and on November 7, 2007, it published its
amended final results.\2\ See Amended Final Results and 2nd Amended
Final Results, respectively. In the Amended Final Results, Youcheng was
denied a separate rate, because it failed to demonstrate that it made a
sale of subject merchandise during the POR, a determination which
remained unchanged in the 2nd Amended Final Results.
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\2\ As a result of an inadvertent error, the unpublished version
of this notice released to interested parties on August 8, 2007,
contained the appendix from the investigation of this proceeding,
rather than the appendix intended for the first administrative
review. The amended final results corrected this error. Because this
error was discovered prior to publication in the Federal Register,
the amended final results were published in place of the original
version released on August 8, 2007.
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On September 4, 2007, Youcheng filed a summons and complaint with
the CIT challenging the Department's denial of a separate rate to
Youcheng. On June 19, 2008, the Department requested a voluntary remand
so that the Department could further analyze the record, explain its
decision, and take such action as may be appropriate pertaining to the
denial of separate-rate status to Youcheng. On June 20, 2008, the CIT
granted the Department's voluntary remand motion. On August 22, 2008,
we issued our draft redetermination to interested parties for comment.
On September 12, 2008, Petitioners\3\ and Youcheng provided comments on
the Department's draft redetermination results.
On October 3, 2008, the Department filed with the CIT its final
results of redetermination pursuant to Youcheng v. United States,
granting Youcheng a separate rate. On October 10, 2008, the CIT
sustained the final results of redetermination on remand. On November
13, 2008, the Department notified the public that the final judgment in
this case is not in harmony with the Amended Final Results and the 2nd
Amended Final Results. See Wooden Bedroom Furniture from the People's
Republic of China: Notice of Court Decision Not in Harmony With Final
Results of Administrative Review, 73 FR 67133 (November 13, 2008). The
deadline to appeal the redetermination pursuant to remand was December
9, 2008, 60 days after the date the CIT sustained the final results of
redetermination on remand (i.e., October 10, 2008). The time period for
appealing the CIT's decision has expired and no party has appealed the
CIT's decision to the Court of Appeals for the Federal Circuit. Because
there is now a final and conclusive court decision in this case, the
Department is amending the final results with respect to Youcheng.
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\3\ American Furniture Manufacturers Committee for Legal Trade
and Vaughan-Bassett Furniture Company, Inc.
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Amended Final Results of Review
The remand redetermination explained that, in accordance with the
CIT's instructions, the Department analyzed the record and determined
to grant separate-rate status to Youcheng. Based on this
reconsideration, Youcheng's status changed from an entity considered as
part of the PRC-wide entity, and subject to the PRC-wide rate, to an
entity eligible for separate-rate status and having a separate rate.
Therefore, we are amending the final results for Youcheng, a company
that was not selected for individual review. Accordingly, we are
applying to Youcheng a dumping margin equal to the weighted average of
the calculated rates for the companies selected for individual review,
as detailed below, for the period June 24, 2004, through December 31,
2005.
WBF from the PRC
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Separate-Rate Applicant Exporter 1st
Administrative Review Margin (Percent)
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Macau Youcheng Trading Co./Zhongshan 35.78
Youcheng Wooden Arts & Crafts Co., Ltd...
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Cash Deposit Requirements
Pursuant to the final court decision, the following cash deposit
rate will be effective upon publication of these amended final results,
for all shipments of subject merchandise exported by Youcheng entered
or withdrawn from warehouse, for consumption on or after publication
date of this notice. A 35.78 percent cash deposit will be required for
subject merchandise exported by Youcheng. Youcheng's cash deposit rate
will remain in effect until further notice.
Assessment
The Department has determined, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries covered by this amended final results, pursuant to
the final court decision. The Department intends to issue assessment
[[Page 2057]]
instructions to CBP 15 days after the publication date of these amended
final results, pursuant to the final court decision. In accordance with
19 CFR 351.212(b)(1), for Youcheng, a company that was not selected for
individual review, the assessment rate is based on the weighted average
of the cash deposit rates calculated for the companies selected for
individual review pursuant to section 735(c)(5)(A) of the Tariff Act of
1930, as amended (``Act''). For further details, see the Amended Final
Results and the 2nd Amended Final Results.
Notification to Interested Parties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries. Pursuant to 19 CFR 351.402(f)(3), failure to
comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO, in accordance with 19 CFR 351.305 and as explained in the APO
itself. Timely written notification of the return/destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: January 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-631 Filed 1-13-09; 8:45 am]
BILLING CODE 3510-DS-S