Wooden Bedroom Furniture from The People's Republic of China: Notice of Court Decision Not in Harmony, 24840-24841 [E6-6369]

Download as PDF 24840 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Notices FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Laurel LaCivita or Matthew Quigley, 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) 482–4243 or (202) 482– 4551, respectively. SUPPLEMENTARY INFORMATION: Background On September 28, 2005, the Department of Commerce (‘‘the Department’’) published in the Federal Register a notice of initiation of the antidumping duty administrative review of Polyethylene Retail Carrier Bags (‘‘PRCBs’’) from the People’s Republic of China (‘‘PRC’’) for the period January 24, 2004, through July 31, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 56631 (September 28, 2005). The preliminary results of review are currently due no later than May 3, 2006. rmajette on PROD1PC67 with NOTICES Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested. Section 751(a)(3)(A) of the Act further states that, if it is not practicable to complete the review within the time specified, the administering authority may extend the 245-day period to issue its preliminary results by up to 120 days. Completion of the preliminary results of this review within the 245-day period is not practicable because the Department needs additional time to analyze a significant amount of information pertaining to each company’s sales practices, factors of production, corporate relationships, and to review responses to supplemental questionnaires. Because it is not practicable to complete this review within the time specified under the Act, we are extending the time period for issuing the preliminary results of review by 110 days until August 21, 2006, in accordance with section 751(a)(3)(A) of the Act. The final results continue to be due 120 days after the publication of the preliminary results of review. Dated: April 21, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–6368 Filed 4–26–06; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 15:13 Apr 26, 2006 Jkt 208001 International Trade Administration A–570–879 Notice of Extension of Time Limit for the Final Results of the Antidumping Administrative Review of Polyvinyl Alcohol from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 27, 2006. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482–6412. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 7, 2005, the Department of Commerce (‘‘the Department’’) published the preliminary results of the administrative review of the antidumping duty order on polyvinyl alcohol (‘‘PVA’’) from the People’s Republic of China (‘‘PRC’’), covering the period August 11, 2003, through September 30, 2004. See Polyvinyl Alcohol from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 70 FR 67434 (November 7, 2005) (‘‘Preliminary Results’’). In the Preliminary Results, we stated that we would make our final determination for the antidumping duty review no later than 120 days after the date of publication of the preliminary results (i.e., March 7, 2006). Extension of Time Limit of Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue the final results in an administrative review within 120 days of the publication date of the preliminary results. However, if it is not practicable to complete the review within this time period, the Department may extend the time limit for the final results to 180 days. On February 27, 2006, the Department published in the Federal Register a notice extending the time limit for the final results of the administrative review from March 7, 2006, to April 6, 2006. See Notice of Extension of Time Limit for the Antidumping Duty Administrative Review of Polyvinyl Alcohol from the People’s Republic of China, 71 FR 9781 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 (February 27, 2006). On March 29, 2006, the Department published in the Federal Register a notice extending the time limit for the final results of the administrative review from April 6, 2006, to April 21, 2006. See Notice of Extension of Time Limit for the Final Results of the Antidumping Administrative Review of Polyvinyl Alcohol from the People’s Republic of China, 71 FR 15697 (March 29, 2006). The final results of review are currently due no later than April 21, 2006. However, completion of the final results by April 21, 2006, is not practicable because this review involves certain complex issues, including examination of the co–product allocation methodology, application of by–product credits, and the valuation of natural gas and certain other factors. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is now fully extending the time period for issuing these final results of review until May 6, 2006. However, because May 6, 2006, falls on a Saturday, the final results will be due on May 8, 2006, the next business day. Dated: April 21, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–6365 Filed 4–26–06; 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 April 5, 2006, 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 Guangzhou Maria Yee Furnishings Ltd., et. al. v. United States, Ct. No. 05–00065, Slip Op. 06–44 (Ct. Int’l Trade April 5, 2006) (‘‘Maria Yee 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 AGENCY: E:\FR\FM\27APN1.SGM 27APN1 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Notices rmajette on PROD1PC67 with NOTICES FR 329 (January 4, 2005) (‘‘Final Determination’’). The final judgment in this case was not in harmony with the Department’s Final Determination. EFFECTIVE DATE: April 17, 2006. FOR FURTHER INFORMATION CONTACT: Will Dickerson, 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) 482–1778. SUPPLEMENTARY INFORMATION: Background In Guangzhou Maria Yee Furnishings, Ltd., et al. v. United States, Court No. 05–00065, Slip Op. 05–158 (CIT December 14, 2005) (‘‘Maria Yee Remand’’), the Court remanded the Department’s determination to reject, as untimely, certain information submitted by Guangzhou Maria Yee Furnishings Ltd., et al. (‘‘Maria Yee’’). The Court found that the Department’s method of notice to parties of the requirement and deadline to submit a response to Section A of the Department’s questionnaire was not reasonable, and remanded this case to the Department for further consideration consistent with the Court’s opinion, and in light of the Court’s decision in Decca Hospitality Furnishings, LLC v. United States, Court No. 05–00002, Slip Op. 05–100 (CIT August 23, 2005) (‘‘Decca’’) On February 10, 2006, the Department issued its draft results of redetermination pursuant to remand for comment by the interested parties. On February 14, 2006, Maria Yee submitted comments in response to the Department’s draft results of redetermination. No other party filed comments. On March 1, 2006, the Department issued its final results of redetermination pursuant to remand to the Court. The remand redetermination explained that, in accordance with the Court’s opinion, the Department must analyze the evidence presented by Maria Yee to determine whether it is eligible for a separate rate. Accordingly, on December 27, 2005, the Department reopened the record and requested that Maria Yee re–submit a copy of its initial July 2, 2004, submission. On December 28, 2005, Maria Yee re–submitted a copy of its initial July 2, 2004, submission. Additionally, the Department issued one supplemental questionnaire to Maria Yee to address a few deficiencies found in Maria Yee’s December 28, 2005, submission. Maria Yee submitted timely and complete responses to these questionnaires. Based on our analysis of Maria Yee’s evidence, we determined that Maria Yee qualifies VerDate Aug<31>2005 15:13 Apr 26, 2006 Jkt 208001 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 April 5, 2006, the Court ordered that the Department’s remand determination is supported by substantial evidence, and affirmed the Department’s remand results in their entirety. See Maria Yee Remand II. The granting of a separate rate to Maria Yee changes Maria Yee’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 Maria Yee Remand II constitutes a final court decision 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: April 20, 2006. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E6–6369 Filed 4–26–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Availability of Seats for the Channel Islands National Marine Sanctuary Advisory Council National Marine Sanctuary Program (NMSP), National Ocean Service (NOS), National Oceanic and Atmospheric Administration, Department of Commerce (DOC). AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 24841 Notice and request for applications. ACTION: SUMMARY: The Channel Islands National Marine Sanctuary (CINMS) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (Council): Commercial Fishing member, Conservation alternate, Public-At-Large member, Public-At-Large alternate, Research member, and Tourism member. Applicants are chosen based upon: their particular expertise and experience in relation to the seat for which they are applying, community and professional affiliations, views regarding the protection and management of marine resources, and the length of residence in the communities located near the Sanctuary. Applicants who are chosen as members should expect to serve 2year terms, pursuant to the Council’s Charter. DATES: Applications are due by June 26, 2006. ADDRESSES: Application kits may be obtained from Dani Lipski, Channel Islands National Marine Sanctuary, 113 Harbor Way Suite 150 Santa Barbara, CA 93109–2315. Completed applications should be sent to the same address. FOR FURTHER INFORMATION CONTACT: Michael Murray, Channel Islands National Marine Sanctuary, 113 Harbor Way Suite 150 Santa Barbara, CA 93109–2315, 805–966–7107 extension 464, michael.murray@noaa.gov. SUPPLEMENTARY INFORMATION: The CINMS Advisory Council was originally established in December 1998 and has a broad representation consisting of 21 members, including ten government agency representatives and eleven members from the general public. The Council functions in an advisory capacity to the Sanctuary Superintendent. The Council works in concert with the Sanctuary Superintendent by keeping him or her informed about issues of concern throughout the Sanctuary, offering recommendations on specific issues, and aiding the Superintendent in achieving the goals of the Sanctuary program. Specifically, the Council’s objectives are to provide advice on: (1) Protecting natural and cultural resources and identifying and evaluating emergent or critical issues involving Sanctuary use or resources; (2) Identifying and realizing the Sanctuary’s research objectives; (3) Identifying and realizing educational opportunities to increase the public knowledge and stewardship of the Sanctuary environment; and (4) E:\FR\FM\27APN1.SGM 27APN1

Agencies

[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24840-24841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6369]


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

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 April 5, 2006, 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 
Guangzhou Maria Yee Furnishings Ltd., et. al. v. United States, Ct. No. 
05-00065, Slip Op. 06-44 (Ct. Int'l Trade April 5, 2006) (``Maria Yee 
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

[[Page 24841]]

FR 329 (January 4, 2005) (``Final Determination''). The final judgment 
in this case was not in harmony with the Department's Final 
Determination.

EFFECTIVE DATE: April 17, 2006.

FOR FURTHER INFORMATION CONTACT: Will Dickerson, 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) 482-1778.

SUPPLEMENTARY INFORMATION:

Background

    In Guangzhou Maria Yee Furnishings, Ltd., et al. v. United States, 
Court No. 05-00065, Slip Op. 05-158 (CIT December 14, 2005) (``Maria 
Yee Remand''), the Court remanded the Department's determination to 
reject, as untimely, certain information submitted by Guangzhou Maria 
Yee Furnishings Ltd., et al. (``Maria Yee''). The Court found that the 
Department's method of notice to parties of the requirement and 
deadline to submit a response to Section A of the Department's 
questionnaire was not reasonable, and remanded this case to the 
Department for further consideration consistent with the Court's 
opinion, and in light of the Court's decision in Decca Hospitality 
Furnishings, LLC v. United States, Court No. 05-00002, Slip Op. 05-100 
(CIT August 23, 2005) (``Decca'')
    On February 10, 2006, the Department issued its draft results of 
redetermination pursuant to remand for comment by the interested 
parties. On February 14, 2006, Maria Yee submitted comments in response 
to the Department's draft results of redetermination. No other party 
filed comments. On March 1, 2006, the Department issued its final 
results of redetermination pursuant to remand to the Court. The remand 
redetermination explained that, in accordance with the Court's opinion, 
the Department must analyze the evidence presented by Maria Yee to 
determine whether it is eligible for a separate rate. Accordingly, on 
December 27, 2005, the Department reopened the record and requested 
that Maria Yee re-submit a copy of its initial July 2, 2004, 
submission. On December 28, 2005, Maria Yee re-submitted a copy of its 
initial July 2, 2004, submission. Additionally, the Department issued 
one supplemental questionnaire to Maria Yee to address a few 
deficiencies found in Maria Yee's December 28, 2005, submission. Maria 
Yee submitted timely and complete responses to these questionnaires. 
Based on our analysis of Maria Yee's evidence, we determined that Maria 
Yee 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 April 5, 2006, the Court ordered that the Department's remand 
determination is supported by substantial evidence, and affirmed the 
Department's remand results in their entirety. See Maria Yee Remand II. 
The granting of a separate rate to Maria Yee changes Maria Yee'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 Maria 
Yee Remand II constitutes a final court decision 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: April 20, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-6369 Filed 4-26-06; 8:45 am]
BILLING CODE 3510-DS-S

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