[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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