[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Notices]
[Pages 34305-34306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9313]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value/Pursuant to Court Decision: Wooden Bedroom Furniture from the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On December 20, 2005, the United States Court of International 
Trade (``CIT'') issued an order sustaining the Department of Commerce's 
(``the Department'') Final Results of Redetermination pursuant to court 
remand filed by the Department on November 7, 2005. Decca Hospitality 
Furnishings, LLC v. United States, Ct. No. 05-00002, Slip Op. 05-161 
(Ct. Int'l Trade, December 20, 2005) (``Decca Order''). The remand 
redetermination arose out of the Department's final determination and 
amended final determination and order. See Notice of 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) (``Final Determination''), and Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Wooden Bedroom Furniture from the People's Republic of China, 70 
FR 329 (January 4, 2005) (``Amended Final Determination''). On May 16, 
2006, the United States Court of Appeals for the Federal Circuit 
(``CAFC'') granted Petitioners' (i.e., American Furniture 
Manufacturer's Committee for Legal Trade (``AFMC'')) motion for a 
voluntary dismissal of this case. Because the litigation in this matter 
is concluded, the Department is issuing an amended final determination 
in accordance with the CIT's decision.

EFFECTIVE DATE: June 14, 2006.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan, AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,

[[Page 34306]]

Washington DC 20230; telephone (202) 482-0414.

SUPPLEMENTARY INFORMATION:

Background

    On November 17, 2004, the Department of Commerce (``the 
Department'') published its notice of final determination of sales at 
less than fair value (``LTFV'') in the investigation of wooden bedroom 
furniture the People's Republic of China (``PRC''). See Final 
Determination. On January 4, 2005, the Department published its notice 
of amended final determination in the investigation of wooden bedroom 
furniture from the PRC. See Amended Final Determination.
    Decca Hospitality Furnishings, LLC on behalf of its affiliate Decca 
Furniture, Ltd. (``Decca'') challenged certain aspects of the 
Department's Final Determination at the CIT.
    In Decca Hospitality Furnishings, LLC v. United States, 391 F. 
Supp. 2d 1298 (CIT 2005), the CIT remanded the Department's 
determination to reject, as untimely, certain information submitted by 
Decca. Specifically, the CIT's order directed that:
    In its remand determination Commerce may reopen the record and may 
find a) that Decca received actual and timely notice of the Section A 
Questionnaire requirement, b) that the evidence Decca presented does 
not satisfy the evidentiary requirements for a separate rate, or c) 
that Decca is entitled to a separate rate.
Id. at 1317.
    On October 25, 2005, the Department issued a draft results of 
redetermination pursuant to remand to the interested parties. On 
October 27, 2005, Decca submitted comments in response to the 
Department's draft results of redetermination. No other party filed 
comments in response to the Department's draft results of 
redetermination pursuant to remand. On November 7, 2005, the Department 
submitted its final results of redetermination pursuant to remand to 
the CIT. The final results of remand redetermination explained that 
option (a) of the CIT's remand instructions was not a viable option for 
the Department to pursue because it was not possible for the Department 
to determine if Decca had received actual and timely notice of the 
Section A Questionnaire requirement. Therefore, pursuant to options (b) 
and (c), the Department reopened the record and allowed Decca to 
resubmit its July 2, 2004, submission. During the conduct of its 
remand, the Department issued two supplemental questionnaires to Decca 
to address some deficiencies found in Decca's July 2, 2004, submission. 
Decca submitted timely and complete responses to these questionnaires. 
Based on our analysis of Decca's evidence, we determined that Decca 
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 December 20, 2005, the CIT found that the Department duly 
complied with the Court's remand order and sustained the Department's 
remand redetermination. See Decca Order. Within the Decca Order, the 
Department granted Decca a separate rate which changed its antidumping 
duty rate from the PRC-wide rate of 198.08 percent to the Section A 
respondent rate of 6.65 percent.
    On January 6, 2006, consistent with the decision in Timken Co. v. 
United States, 893 F. 2d 337 (Fed. Cir. 1990), the Department notified 
the public that the CIT's decision was not ``in harmony'' with the 
Department's final determination. See Wooden Bedroom Furniture from the 
People's Republic of China: Notice of Court Decision Not in Harmony, 71 
FR 1511 (January 10, 2006). AFMC appealed the CIT's decision to the 
CAFC. On May 16, 2006, the CAFC granted AFMC's motion to voluntarily 
dismiss its appeal.

Amended Final Determination

    Because the only appeal in this case has been dismissed, there is 
now a final and conclusive court decision in the court proceeding and 
we are thus amending the Amended Final Determination to reflect the 
results of our remand determination.
    The revised dumping margin is as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                       Company                         Margin (Percent)
------------------------------------------------------------------------
Decca...............................................                6.65
------------------------------------------------------------------------

    U.S. Customs and Border Protection will require a cash deposit rate 
of 6.65 percent for subject merchandise exported by Decca and entered 
or withdrawn from warehouse from consumption on or after the effective 
date of this notice. This cash deposit requirement shall remain in 
effect until publication of the final results of an administrative 
review of this order.
    This notice is published in accordance with sections 735(d) and 
777(i) of the Act.

    Dated: June 7, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-9313 Filed 6-13-06; 8:45 am]
BILLING CODE 3510-DS-S