[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Notices]
[Page 35870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9876]



[[Page 35870]]

-----------------------------------------------------------------------

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 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 (``PRC''). 
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 Order''). 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) (``Final Determination''), as amended, 70 FR 329 (January 4, 
2005) (``Amended Final Determination''). 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 22, 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., 
Washington DC 20230; telephone (202) 482-0414.

SUPPLEMENTARY INFORMATION:

Background

    On November 17, 2004, the Department published its notice of final 
determination in the investigation of wooden bedroom furniture from the 
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.
    In Guangzhou Maria Yee Furnishings, Ltd., et al. v. United States, 
Ct. No. 05-00065, Slip Op. 05-158 (CIT December 14, 2005), the Court 
remanded the Department's determination to reject, as untimely, certain 
information submitted by Guangzhou Maria Yee Furnishings Ltd. and Pyla 
HK Ltd.) (``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, 391 F. Supp. 2d 1298 (2005).
    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, which it did on December 28, 2005. Additionally, the 
Department issued one supplemental questionnaire to Maria Yee to 
address a few deficiencies found in its December 28, 2005, submission. 
Maria Yee submitted timely and complete responses to these 
questionnaires. 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. 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, March 1, 2006.
    On April 5, 2006, the Court ruled that the Department's remand 
determination is supported by substantial evidence, and affirmed the 
Department's remand results in their entirety. See Maria Yee Order. 
Granting a separate rate to Maria Yee changes it's antidumping duty 
rate from the PRC-wide rate of 198.08 percent to the Section A 
respondent rate of 6.65 percent.
    On April 27, 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 24840 (April 27, 2006).

Amended Final Determination

    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)
------------------------------------------------------------------------
Maria Yee...........................................                6.65
------------------------------------------------------------------------

    U.S. Customs and Border Protection will require a cash deposit rate 
of 6.65 percent for subject merchandise exported by Maria Yee and 
entered, or withdrawn from warehouse, for 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 Tariff Act of 1930, as amended.

    Dated: June 16, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-9876 Filed 6-21-06; 8:45 am]
BILLING CODE 3510-DS-S