[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Notices]
[Pages 68410-68411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27157]


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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, International Trade Administration, 
Department of Commerce.

SUMMARY: On October 28, 2014, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department'') results of redetermination, pursuant to the CIT's remand 
order, in Lifestyle Enterprise, Inc., et al., v. United States, Consol. 
Ct. No. 09-00378.\1\ 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 AR 3 Final Results \2\ and is amending the final 
results with respect to the margins assigned to Guandong Yihua Timber 
Industry Co., Ltd. (``Yihua Timber'') for the period of review 
(``POR'') January 1, 2007 through December 31, 2007.
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    \1\ See Final Results of Redetermination Pursuant to Fourth 
Remand, Court No. 09-00378, dated October 16, 2014, available at: 
http://enforcement.trade.gov/remands/index.html (``WBF Final 
Remand'').
    \2\ See Final Results of Antidumping Duty Administrative Review 
and New Shipper Reviews: Wooden Bedroom Furniture From the People's 
Republic of China, 74 FR 41374 (August 17, 2009), as amended by 
Amended Final Results of Antidumping Duty Administrative Review and 
New Shipper Reviews: Wooden Bedroom Furniture From the People's 
Republic of China, 74 FR 55810 (October 29, 2009) (collectively, 
``AR 3 Final Results'').

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DATES: Effective Date: November 7, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4474.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the AR 3 
Final Results, various plaintiffs filed complaints with the CIT to 
challenge certain aspects of the AR 3 Final Results of the Department's 
third administrative review of the antidumping duty order on wooden 
bedroom furniture from the People's Republic of China.
    In Lifestyle Enterprise, Inc. v. United States, 768 F. Supp. 2d 
1286 (Ct. Int'l Trade 2011), the CIT remanded the case to the 
Department to ``explain or otherwise resolve'' Orient International 
Holding Shanghai Foreign Trade Co. Ltd.'s (``Orient'') separate rate, 
the data set for wood inputs, the tariff heading for medium density 
fiberboard, whether Global Classic Designs, Inc, and Diretso Design 
Furnitures, Inc. produce comparable merchandise through a comparable 
production process, surrogate labor value, and negative export pricing.
    In Lifestyle Enterprise, Inc. v. United States, 844 F. Supp. 2d 
1283 (Ct. Int'l Trade 2012), the CIT remanded the case to the 
Department to re-determine Orient's AFA rate and to re-open the record 
to gather more evidence with respect to wood inputs, or to use the 
volume-based data set to value wood inputs.
    In Lifestyle Enterprise, Inc. v. United States, 865 F. Supp. 2d 
1284 (Ct. Int'l Trade 2012), the CIT remanded the issue of Orient's AFA 
rate to the Department for reconsideration for a second time.
    In Lifestyle Enterprise, Inc. v. United States, 751 F.3d 1371 (Fed. 
Cir. 2014), the CAFC reversed the CIT's decision to require the use of 
volume-based data in valuing the lumber inputs, and remanded the issue 
to the Department for further proceedings consistent with its opinion.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC 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 October 28, 2014, 
judgment sustaining the WBF Final Remand constitutes a final decision 
of that court that is not in harmony with the AR 3 Final Results. This 
notice is published in fulfillment of the publication requirements of 
Timken.

Amended Final Results

    Because there is now a final court decision with respect to the AR 
3 Final Results, the revised weighted-average dumping margin for the 
period January 1, 2007 through December 31, 2007, for Yihua Timber is 
21.53 percent. The

[[Page 68411]]

revised AFA rate assigned to Orient for the period January 1, 2007 
through December 31, 2007, is 83.55 percent. Accordingly, the 
Department will continue the suspension of liquidation of the subject 
merchandise exported by Yihua Timber pending the expiration of the 
period of appeal or, if appealed, pending a final and conclusive court 
decision. In the event the Court's ruling is not appealed, or if 
appealed and upheld by the Supreme Court, the Department will instruct 
U.S. Customs and Border Protection to assess antidumping duties on 
entries during the POR of the subject merchandise exported by the Yihua 
Timber using the revised assessment rates calculated by the Department 
in the WBF Final Remand.

Notification to Interested Parties

    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 7, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-27157 Filed 11-14-14; 8:45 am]
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