Notice of Amended Final Determination of Sales at Less Than Fair Value/Pursuant to Court Decision: Wooden Bedroom Furniture from the People's Republic of China, 34305-34306 [E6-9313]

Download as PDF Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Notices shipper reviews of fresh garlic from the PRC covering the period November 1, 2004, through October 31, 2005. See Fresh Garlic from the People’s Republic of China: Initiation of New Shipper Reviews, 70 FR 76765 (December 28, 2005). On April 28, 2006, the Department aligned the statutory time lines of the 11th administrative review and all but one of the new shipper reviews.1 Qingdao Xintianfeng Foods Company Ltd. (‘‘QXF’’), a respondent in one of the new shipper reviews, did not agree to waive the new shipper time limits. rwilkins on PROD1PC63 with NOTICES Extension of Time Limit of Preliminary Results The Department determines that completion of the preliminary results of these reviews within the statutory time period is not practicable. The 11th administrative review covers nine companies, and to conduct the sales and factor analyses for each requires the Department to gather and analyze a significant amount of information pertaining to each company’s sales practices and manufacturing methods. The five new shipper reviews, including that of QXF, involve extraordinarily complicated methodological issues such as the use of intermediate input methodology, potential affiliation issues and the examination of importer information. The Department requires additional time to analyze these issues. Therefore, given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results of review by 61 days until October 2, 2006. The final results continue to be due 120 days after the publication of the preliminary results. Regarding QXF, in accordance with section 351.214(h)(i)(1) of the Department’s regulations and section 751(a)(2)(B)(iv) of the Act, we are extending the time period for issuing the preliminary results of review by 106 days until October 2, 2006. The final results continue to be due 90 days after the publication of the preliminary results. This notice is published pursuant to sections 751(c)(3)(A) and 751(a)(2)(B)(iv) of the Act, and 19 CFR 351.214(h)(i)(1). June 2, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–9223 Filed 6–13–06; 8:45 am] BILLING CODE 3510–DS–S 1 See the Department’s letter dated April 28, 2006. VerDate Aug<31>2005 19:47 Jun 13, 2006 Jkt 208001 34305 DEPARTMENT OF COMMERCE Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). International Trade Administration Dated: June 7, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–9222 Filed 6–13–06; 8:45 am] [A–427–820] Stainless Steel Bar from France: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 14, 2006. FOR FURTHER INFORMATION CONTACT: David Goldberger or Terre Keaton, AD/ CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4136 or (202) 482– 1280, respectively. SUPPLEMENTARY INFORMATION: BILLING CODE 3510–DS–S AGENCY: Background On March 2, 2006, the Department published in the Federal Register (71 FR 10642) a notice of ‘‘Opportunity To Request Administrative Review’’ of the antidumping duty order on stainless steel bar from France for the period March 1, 2005, through February 28, 2006. On March 31, 2006, Ugitech S.A. (Ugitech) requested an administrative review of its U.S. sales that were subject to the antidumping duty order on stainless steel bar from France for this period. On April 28, 2006, the Department published a notice of initiation of an administrative review of the antidumping duty order on stainless steel bar from France with respect to this company. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 71 FR 25145 (April 28, 2006). Rescission of Review On May 2, 2006, Ugitech timely withdrew its request for an administrative review of its sales during the above–referenced period. Section 351.213(d)(1) of the Department’s regulations stipulates that the Secretary will rescind an administrative review if the party that requests a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. In this case, Ugitech has withdrawn its request for review within the 90–day period. Ugitech was the sole party to request the initiation of the review. Therefore, we are rescinding this review of the antidumping duty order on stainless steel bar from France. This notice is published in accordance with section 751(a)(1) of the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–890] Notice of Amended Final Determination of Sales at Less Than Fair Value/Pursuant to Court Decision: Wooden Bedroom Furniture from the People’s Republic of China Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On December 20, 2005, the United States Court of International Trade (‘‘CIT’’) issued an order sustaining the Department of Commerce’s (‘‘the Department’’) Final Results of Redetermination pursuant to court remand filed by the Department on November 7, 2005. Decca Hospitality Furnishings, LLC v. United States, Ct. No. 05–00002, Slip Op. 05–161 (Ct. Int’l Trade, December 20, 2005) (‘‘Decca Order’’). The remand redetermination arose out of the Department’s final determination and amended final determination and order. See Notice of 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) (‘‘Final Determination’’), and Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture from the People’s Republic of China, 70 FR 329 (January 4, 2005) (‘‘Amended Final Determination’’). On May 16, 2006, the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) granted Petitioners’ (i.e., American Furniture Manufacturer’s Committee for Legal Trade (‘‘AFMC’’)) motion for a voluntary dismissal of this case. Because the litigation in this matter is concluded, the Department is issuing an amended final determination in accordance with the CIT’s decision. EFFECTIVE DATE: June 14, 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, AGENCY: E:\FR\FM\14JNN1.SGM 14JNN1 34306 Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Notices rwilkins on PROD1PC63 with NOTICES Washington DC 20230; telephone (202) 482–0414. SUPPLEMENTARY INFORMATION: Background On November 17, 2004, the Department of Commerce (‘‘the Department’’) published its notice of final determination of sales at less than fair value (‘‘LTFV’’) in the investigation of wooden bedroom furniture the People’s Republic of China (‘‘PRC’’). See Final Determination. On January 4, 2005, the Department published its notice of amended final determination in the investigation of wooden bedroom furniture from the PRC. See Amended Final Determination. Decca Hospitality Furnishings, LLC on behalf of its affiliate Decca Furniture, Ltd. (‘‘Decca’’) challenged certain aspects of the Department’s Final Determination at the CIT. In Decca Hospitality Furnishings, LLC v. United States, 391 F. Supp. 2d 1298 (CIT 2005), the CIT remanded the Department’s determination to reject, as untimely, certain information submitted by Decca. Specifically, the CIT’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 a draft results of redetermination pursuant to remand to 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 submitted its final results of redetermination pursuant to remand to the CIT. The final results of remand redetermination explained that option (a) of the CIT’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 had 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. During the conduct of its remand, the Department issued two supplemental questionnaires to Decca to address some VerDate Aug<31>2005 19:47 Jun 13, 2006 Jkt 208001 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 CIT found that the Department duly complied with the Court’s remand order and sustained the Department’s remand redetermination. See Decca Order. Within the Decca Order, the Department granted Decca a separate rate which changed its antidumping duty rate from the PRC–wide rate of 198.08 percent to the Section A respondent rate of 6.65 percent. On January 6, 2006, consistent with the decision in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT’s decision was not ‘‘in harmony’’ with the Department’s final determination. See Wooden Bedroom Furniture from the People’s Republic of China: Notice of Court Decision Not in Harmony, 71 FR 1511 (January 10, 2006). AFMC appealed the CIT’s decision to the CAFC. On May 16, 2006, the CAFC granted AFMC’s motion to voluntarily dismiss its appeal. Because the only appeal in this case has been dismissed, there is now a final and conclusive court decision in the court proceeding and we are thus amending the Amended Final Determination to reflect the results of our remand determination. The revised dumping margin is as follows: Weighted–Average Margin (Percent) Decca ............................ 6.65 U.S. Customs and Border Protection will require a cash deposit rate of 6.65 percent for subject merchandise exported by Decca and entered or withdrawn from warehouse from consumption on or after the effective date of this notice. This cash deposit requirement shall remain in effect until publication of the final results of an administrative review of this order. This notice is published in accordance with sections 735(d) and 777(i) of the Act. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 111505A] Pacific Fishery Management Council; Notice of Intent, Extension of Public Scoping Period for Intersector Groundfish Allocations National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Extension of public scoping period for an environmental impact statement (EIS); request for comments. AGENCY: SUMMARY: NMFS and the Pacific Fishery Management Council (Pacific Council) announce their intent to extend the public scoping period for an EIS in accordance with the National Environmental Policy Act (NEPA) of 1969 to analyze proposals to allocate groundfish among various sectors of the non-tribal Pacific Coast groundfish fishery. Public scoping meetings will be announced in the Federal Register at a later date. Written comments will be accepted at the Pacific Council office through August 23, 2006. The public comment period will be reopened as part of the public comment section under the intersector allocation agenda item at the Pacific Council meeting in Foster City, CA, the week of Monday, September 11, 2006. Additional information on the time and location for this meeting will be provided when the meeting is announced in the Federal Register. DATES: Amended Final Determination Company Dated: June 7, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–9313 Filed 6–13–06; 8:45 am] You may submit comments, on issues and alternatives, identified by 111505A by any of the following methods: • E-mail: ##GFAllocationEIS.nwr@noaa.gov. Include [111505A] and enter ‘‘Scoping Comments’’ in the subject line of the message. • Fax: 503–820–2299. • Mail: Dr. Donald McIsaac, Pacific Fishery Management Council, 7700 NE Ambassador Pl., Suite 200, Portland, OR 97220. FOR FURTHER INFORMATION CONTACT: Mr. John DeVore, Pacific Fishery ADDRESSES: E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Notices]
[Pages 34305-34306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9313]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value/Pursuant to Court Decision: Wooden Bedroom Furniture from the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On December 20, 2005, the United States Court of International 
Trade (``CIT'') issued an order sustaining the Department of Commerce's 
(``the Department'') Final Results of Redetermination pursuant to court 
remand filed by the Department on November 7, 2005. Decca Hospitality 
Furnishings, LLC v. United States, Ct. No. 05-00002, Slip Op. 05-161 
(Ct. Int'l Trade, December 20, 2005) (``Decca Order''). The remand 
redetermination arose out of the Department's final determination and 
amended final determination and order. See Notice of 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) (``Final Determination''), and Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Wooden Bedroom Furniture from the People's Republic of China, 70 
FR 329 (January 4, 2005) (``Amended Final Determination''). On May 16, 
2006, the United States Court of Appeals for the Federal Circuit 
(``CAFC'') granted Petitioners' (i.e., American Furniture 
Manufacturer's Committee for Legal Trade (``AFMC'')) motion for a 
voluntary dismissal of this case. Because the litigation in this matter 
is concluded, the Department is issuing an amended final determination 
in accordance with the CIT's decision.

EFFECTIVE DATE: June 14, 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,

[[Page 34306]]

Washington DC 20230; telephone (202) 482-0414.

SUPPLEMENTARY INFORMATION:

Background

    On November 17, 2004, the Department of Commerce (``the 
Department'') published its notice of final determination of sales at 
less than fair value (``LTFV'') in the investigation of wooden bedroom 
furniture the People's Republic of China (``PRC''). See Final 
Determination. On January 4, 2005, the Department published its notice 
of amended final determination in the investigation of wooden bedroom 
furniture from the PRC. See Amended Final Determination.
    Decca Hospitality Furnishings, LLC on behalf of its affiliate Decca 
Furniture, Ltd. (``Decca'') challenged certain aspects of the 
Department's Final Determination at the CIT.
    In Decca Hospitality Furnishings, LLC v. United States, 391 F. 
Supp. 2d 1298 (CIT 2005), the CIT remanded the Department's 
determination to reject, as untimely, certain information submitted by 
Decca. Specifically, the CIT'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 a draft results of 
redetermination pursuant to remand to 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 
submitted its final results of redetermination pursuant to remand to 
the CIT. The final results of remand redetermination explained that 
option (a) of the CIT'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 had 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. During the conduct of its 
remand, 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 CIT found that the Department duly 
complied with the Court's remand order and sustained the Department's 
remand redetermination. See Decca Order. Within the Decca Order, the 
Department granted Decca a separate rate which changed its antidumping 
duty rate from the PRC-wide rate of 198.08 percent to the Section A 
respondent rate of 6.65 percent.
    On January 6, 2006, consistent with the decision in Timken Co. v. 
United States, 893 F. 2d 337 (Fed. Cir. 1990), the Department notified 
the public that the CIT's decision was not ``in harmony'' with the 
Department's final determination. See Wooden Bedroom Furniture from the 
People's Republic of China: Notice of Court Decision Not in Harmony, 71 
FR 1511 (January 10, 2006). AFMC appealed the CIT's decision to the 
CAFC. On May 16, 2006, the CAFC granted AFMC's motion to voluntarily 
dismiss its appeal.

Amended Final Determination

    Because the only appeal in this case has been dismissed, there is 
now a final and conclusive court decision in the court proceeding and 
we are thus amending the Amended Final Determination to reflect the 
results of our remand determination.
    The revised dumping margin is as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                       Company                         Margin (Percent)
------------------------------------------------------------------------
Decca...............................................                6.65
------------------------------------------------------------------------

    U.S. Customs and Border Protection will require a cash deposit rate 
of 6.65 percent for subject merchandise exported by Decca and entered 
or withdrawn from warehouse from consumption on or after the effective 
date of this notice. This cash deposit requirement shall remain in 
effect until publication of the final results of an administrative 
review of this order.
    This notice is published in accordance with sections 735(d) and 
777(i) of the Act.

    Dated: June 7, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-9313 Filed 6-13-06; 8:45 am]
BILLING CODE 3510-DS-S