[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Page 72862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29029]


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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 With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: On November 14, 2013, the United States Court of International 
Trade (``CIT'') issued its final judgment in Home Meridian Int'l, Inc. 
v. United States Consol. Court No. 11-00325 \1\ and sustained the 
Department of Commerce's (``the Department'') final results of second 
remand determination.\2\ Consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (``CAFC'') in Timken 
Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as 
clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is 
notifying the public that the final judgment in this case is not in 
harmony with the Department's Final Results \3\ and is amending its 
Final Results with regard to the calculation of the weighted average 
margin applied to the mandatory respondent, Dalian Huafeng Furniture 
Group Co., Ltd. (``Huafeng''), and the two separate rate respondents 
included in this decision: Nanhai Baiyi Woodwork Co. Ltd. (``Nanhai'') 
and Dongguan Liaobushangdun Huada Furniture Factory and Great Rich (HK) 
Enterprise Co., Ltd. (``Dongguan'').
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    \1\ See Home Meridian Int'l, Inc. v. United States Consol. Court 
No. 11-00325, Slip Op. 13-140 (November 14, 2013) (``Home Meridian 
II'').
    \2\ See Second Redetermination Pursuant to Court Order, Court 
No. 11-00325, dated August 26, 2013 (``Remand Results II'').
    \3\ See Wooden Bedroom Furniture From the People's Republic of 
China: Final Results and Final Rescission in Part, 76 FR 49729 
(August 11, 2011) (``Final Results'').

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DATES: Effective Date: November 25, 2013.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance--International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
2769.

SUPPLEMENTARY INFORMATION: 

Background

    On August 26, 2013, the Department filed Remand Redetermination II, 
in which the Department valued certain wood inputs by the respondent, 
Dalian Huafeng Furniture Group Co., Ltd. (``Huafeng''), using its 
market purchases. In addition, the Department revised the surrogate 
financial ratios by excluding in the calculation of ratios the 
financial statements of one company relied on in the Final Results. 
Remand Redetermination II also included adjustments made in Remand 
Redetermination I regarding the surrogate value for the input poly 
foam,\4\ which the Court sustained in Home Meridian I.\5\ On November 
14, 2013, the Court sustained the Department's Remand Redetermination 
II.\6\
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    \4\ See Remand Results II and Final Results of Redetermination 
Pursuant to Court Order (February 25, 2013), Docket No. 97 (``Remand 
Results I'').
    \5\ See Home Meridian Int'l, Inc. v. United States, Consol. 
Court No. 11-00325, Slip Op. 2013-81 (June 25, 2013) (``Home 
Meridian I'').
    \6\ See Home Meridian II.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC has 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 CIT's November 14, 2013, 
judgment sustaining the Department's remand redetermination valuation 
of certain wood inputs, poly foam, and the calculation of the surrogate 
financial ratios, constitutes a final decision of that court that is 
not in harmony with the Department's Final Results. 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, pending a final and conclusive court decision.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending its Final Results with respect to 
Huafeng's weighted-average dumping margin for the period January 1, 
2009 through December 31, 2009. In addition, the Department has amended 
the Final Results for Nanhai and Baiyi, the separate rate respondents 
included in this final court decision. The remaining weighted-average 
dumping margins from the Final Results, as subsequently amended, remain 
unchanged.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                   dumping margin
                                                             (percent)
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Dalian Huafeng Furniture Group Co., Ltd.................           11.79
Nanhai Baiyi Woodwork Co. Ltd...........................           11.79
Dongguan Liaobushangdun Huada Furniture Factory, Great             11.79
 Rich (HK) Enterprise Co., Ltd..........................
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    In the event the CIT's ruling is not appealed or, if appealed, 
upheld by the CAFC, the Department will instruct CBP to liquidate 
entries of subject merchandise in accordance with
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: November 26, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-29029 Filed 12-3-13; 8:45 am]
BILLING CODE 3510-DS-P