Wooden Bedroom Furniture from The People's Republic of China: Notice of Court Decision Not in Harmony, 1511 [E6-77]
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Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Notices
covered by this review, the cash–deposit
rate will continue to be the company–
specific rate published for the most
recent period; (3) if the exporter is not
a firm covered by this review, a prior
review, or the original LTFV
investigation but the manufacturer is,
the cash–deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; (4) if neither the exporter
nor the manufacturer is a firm covered
in this or any previous review
conducted by the Department, the cash–
deposit rate will be 13.06 percent, the
all–others rate established in the 2002–
03 administrative review. See 2002–03
Final Results, 70 FR at 7239. These
cash–deposit requirements, when
imposed, shall remain in effect until
publication of the final results of the
next administrative review.
This notice also serves as a
preliminary reminder to importers of
their responsibility to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: January 4, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–103 Filed 1–9–06; 8:45 am]
BILLING CODE 3510–DS–S
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
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On December 20, 2005, 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. See Decca
wwhite on PROD1PC65 with NOTICES
AGENCY:
VerDate Aug<31>2005
16:09 Jan 09, 2006
Jkt 208001
Hospitality Furnishings, LLC v. United
States, Ct. No. 05–00002, Slip Op. 05–
161 (Ct. Int’l Trade December 20, 2005)
(‘‘Decca Remand II’’). 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), as
amended, 70 FR 329 (January 4, 2005)
(‘‘Final Determination’’). The final
judgment in this case was not in
harmony with the Department’s January
2005 Final Determination.
EFFECTIVE DATE: January 3, 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
In Decca Hospitality Furnishings, LLC
v. United States, 391 F. Supp. 2d 1298
(CIT 2005), the Court remanded the
Department’s determination to reject, as
untimely, certain information submitted
by Decca Hospitality Furnishings, LLC
on behalf of its affiliate Decca Furniture,
Ltd. (‘‘Decca’’). Specifically, the Court’s
order directed that:
In its remand determination
Commerce may reopen the record
and may find (a) that Decca
received actual and timely notice of
the Section A Questionnaire
requirement, (b) that the evidence
Decca presented does not satisfy the
evidentiary requirements for a
separate rate, or (c) that Decca is
entitled to a separate rate.
Id. at 1317.
On October 25, 2005, the Department
issued its draft results of
redetermination pursuant to remand for
comment by the interested parties. On
October 27, 2005, Decca submitted
comments in response to the
Department’s draft results of
redetermination. No other party filed
comments in response to the
Department’s draft results of
redetermination pursuant to remand. On
November 7, 2005, the Department
issued its final results of
redetermination pursuant to remand to
the Court. The remand redetermination
explained that option (a) of the Court’s
remand instructions was not a viable
option for the Department to pursue
because it was not possible for the
Department to determine if Decca
received actual and timely notice of the
Section A Questionnaire requirement.
PO 00000
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1511
Therefore, pursuant to options (b) and
(c), the Department reopened the record
and allowed Decca to resubmit its July
2, 2004, submission in order to analyze
the evidence presented by Decca to
determine its eligibility for a separate
rate. Additionally, the Department
issued two supplemental questionnaires
to Decca to address some deficiencies
found in Decca’s July 2, 2004,
submission. Decca submitted timely and
complete responses to these
questionnaires. Based on our analysis of
Decca’s evidence, we determined that
Decca qualifies for a separate rate in the
investigation of wooden bedroom
furniture from the PRC. See Final
Results of Redetermination Pursuant to
Court Remand, November 7, 2005.
On December 20, 2005, the Court
found that the Department duly
complied with the Court’s remand order
and sustained the Department’s remand
redetermination. See Decca Remand II.
The granting of a separate rate to Decca
changes Decca’s antidumping duty rate
from the PRC–wide rate of 198.08
percent to the Section A respondent rate
of 6.65 percent.
Timken Notice
In its decision in Timken Co., v.
United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (‘‘Timken’’), the United States
Court of Appeals for the Federal Circuit
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
Court’s decision in Decca Remand II on
December 20, 2005, constitutes a final
decision of that court that is not in
harmony with the Department’s final
determination of sales at less than fair
value. 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,
upon a final and conclusive court
decision.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: December 20, 2005.
Gary S. Taverman,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E6–77 Filed 1–9–06; 8:45 am]
BILLING CODE 3510–DS–S
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[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Notices]
[Page 1511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-77]
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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
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On December 20, 2005, 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. See Decca
Hospitality Furnishings, LLC v. United States, Ct. No. 05-00002, Slip
Op. 05-161 (Ct. Int'l Trade December 20, 2005) (``Decca Remand II'').
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), as amended, 70 FR
329 (January 4, 2005) (``Final Determination''). The final judgment in
this case was not in harmony with the Department's January 2005 Final
Determination.
EFFECTIVE DATE: January 3, 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
In Decca Hospitality Furnishings, LLC v. United States, 391 F.
Supp. 2d 1298 (CIT 2005), the Court remanded the Department's
determination to reject, as untimely, certain information submitted by
Decca Hospitality Furnishings, LLC on behalf of its affiliate Decca
Furniture, Ltd. (``Decca''). Specifically, the Court's order directed
that:
In its remand determination Commerce may reopen the record and may
find (a) that Decca received actual and timely notice of the Section A
Questionnaire requirement, (b) that the evidence Decca presented does
not satisfy the evidentiary requirements for a separate rate, or (c)
that Decca is entitled to a separate rate.
Id. at 1317.
On October 25, 2005, the Department issued its draft results of
redetermination pursuant to remand for comment by the interested
parties. On October 27, 2005, Decca submitted comments in response to
the Department's draft results of redetermination. No other party filed
comments in response to the Department's draft results of
redetermination pursuant to remand. On November 7, 2005, the Department
issued its final results of redetermination pursuant to remand to the
Court. The remand redetermination explained that option (a) of the
Court's remand instructions was not a viable option for the Department
to pursue because it was not possible for the Department to determine
if Decca received actual and timely notice of the Section A
Questionnaire requirement. Therefore, pursuant to options (b) and (c),
the Department reopened the record and allowed Decca to resubmit its
July 2, 2004, submission in order to analyze the evidence presented by
Decca to determine its eligibility for a separate rate. Additionally,
the Department issued two supplemental questionnaires to Decca to
address some deficiencies found in Decca's July 2, 2004, submission.
Decca submitted timely and complete responses to these questionnaires.
Based on our analysis of Decca's evidence, we determined that Decca
qualifies for a separate rate in the investigation of wooden bedroom
furniture from the PRC. See Final Results of Redetermination Pursuant
to Court Remand, November 7, 2005.
On December 20, 2005, the Court found that the Department duly
complied with the Court's remand order and sustained the Department's
remand redetermination. See Decca Remand II. The granting of a separate
rate to Decca changes Decca's antidumping duty rate from the PRC-wide
rate of 198.08 percent to the Section A respondent rate of 6.65
percent.
Timken Notice
In its decision in Timken Co., v. United States, 893 F.2d 337, 341
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for
the Federal Circuit 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 Court's decision in Decca
Remand II on December 20, 2005, constitutes a final decision of that
court that is not in harmony with the Department's final determination
of sales at less than fair value. 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, upon a final and conclusive court decision.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: December 20, 2005.
Gary S. Taverman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-77 Filed 1-9-06; 8:45 am]
BILLING CODE 3510-DS-S
