[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24840-24841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6369]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-890


Wooden Bedroom Furniture from The People's Republic of China: 
Notice of Court Decision Not in Harmony

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On April 5, 2006, the United States Court of International 
Trade (``Court'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the Court's 
remand of the amended final determination of the investigation of 
wooden bedroom furniture from the People's Republic of China. See 
Guangzhou Maria Yee Furnishings Ltd., et. al. v. United States, Ct. No. 
05-00065, Slip Op. 06-44 (Ct. Int'l Trade April 5, 2006) (``Maria Yee 
Remand II''). This case arises out of the Department's Final 
Determination of Sales at Less Than Fair Value: Wooden Bedroom 
Furniture From the People's Republic of China, 69 FR 67313 (November 
17, 2004), as amended, 70

[[Page 24841]]

FR 329 (January 4, 2005) (``Final Determination''). The final judgment 
in this case was not in harmony with the Department's Final 
Determination.

EFFECTIVE DATE: April 17, 2006.

FOR FURTHER INFORMATION CONTACT: Will Dickerson, 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) 482-1778.

SUPPLEMENTARY INFORMATION:

Background

    In Guangzhou Maria Yee Furnishings, Ltd., et al. v. United States, 
Court No. 05-00065, Slip Op. 05-158 (CIT December 14, 2005) (``Maria 
Yee Remand''), the Court remanded the Department's determination to 
reject, as untimely, certain information submitted by Guangzhou Maria 
Yee Furnishings Ltd., et al. (``Maria Yee''). The Court found that the 
Department's method of notice to parties of the requirement and 
deadline to submit a response to Section A of the Department's 
questionnaire was not reasonable, and remanded this case to the 
Department for further consideration consistent with the Court's 
opinion, and in light of the Court's decision in Decca Hospitality 
Furnishings, LLC v. United States, Court No. 05-00002, Slip Op. 05-100 
(CIT August 23, 2005) (``Decca'')
    On February 10, 2006, the Department issued its draft results of 
redetermination pursuant to remand for comment by the interested 
parties. On February 14, 2006, Maria Yee submitted comments in response 
to the Department's draft results of redetermination. No other party 
filed comments. On March 1, 2006, the Department issued its final 
results of redetermination pursuant to remand to the Court. The remand 
redetermination explained that, in accordance with the Court's opinion, 
the Department must analyze the evidence presented by Maria Yee to 
determine whether it is eligible for a separate rate. Accordingly, on 
December 27, 2005, the Department reopened the record and requested 
that Maria Yee re-submit a copy of its initial July 2, 2004, 
submission. On December 28, 2005, Maria Yee re-submitted a copy of its 
initial July 2, 2004, submission. Additionally, the Department issued 
one supplemental questionnaire to Maria Yee to address a few 
deficiencies found in Maria Yee's December 28, 2005, submission. Maria 
Yee submitted timely and complete responses to these questionnaires. 
Based on our analysis of Maria Yee's evidence, we determined that Maria 
Yee qualifies for a separate rate in the investigation of wooden 
bedroom furniture from the PRC. See Final Results of Redetermination 
Pursuant to Court Remand, November 7, 2005.
    On April 5, 2006, the Court ordered that the Department's remand 
determination is supported by substantial evidence, and affirmed the 
Department's remand results in their entirety. See Maria Yee Remand II. 
The granting of a separate rate to Maria Yee changes Maria Yee's 
antidumping duty rate from the PRC-wide rate of 198.08 percent to the 
Section A respondent rate of 6.65 percent.

Timken Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination, and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The Court's decision in Maria 
Yee Remand II constitutes a final court decision that is not in harmony 
with the Department's final determination of sales at less than fair 
value. This notice is published in fulfillment of the publication 
requirements of Timken. Accordingly, the Department will continue the 
suspension of liquidation of the subject merchandise pending the 
expiration of the period of appeal, or, if appealed, upon a final and 
conclusive court decision.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: April 20, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-6369 Filed 4-26-06; 8:45 am]
BILLING CODE 3510-DS-S