[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2055-2057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-631]


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

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'').
---------------------------------------------------------------------------

    \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'').

---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \3\ American Furniture Manufacturers Committee for Legal Trade 
and Vaughan-Bassett Furniture Company, Inc.
---------------------------------------------------------------------------

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
------------------------------------------------------------------------
   Separate-Rate Applicant Exporter 1st
           Administrative Review                  Margin (Percent)
------------------------------------------------------------------------
Macau Youcheng Trading Co./Zhongshan                               35.78
 Youcheng Wooden Arts & Crafts Co., Ltd...
------------------------------------------------------------------------

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