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, 35870 [E6-9876]

Download as PDF 35870 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Notices untimely, certain information submitted by Guangzhou Maria Yee Furnishings International Trade Administration Ltd. and Pyla HK Ltd.) (‘‘Maria Yee’’). The Court found that the Department’s [A–570–890] method of notice to parties of the requirement and deadline to submit a Notice of Amended Final response to Section A of the Determination of Sales at Less Than Fair Value/Pursuant to Court Decision: Department’s questionnaire was not reasonable, and remanded this case to Wooden Bedroom Furniture from the the Department for further consideration People’s Republic of China consistent with the Court’s opinion, and AGENCY: Import Administration, in light of the Court’s decision in Decca International Trade Administration, Hospitality Furnishings, LLC v. United U.S. Department of Commerce. States, 391 F. Supp. 2d 1298 (2005). SUMMARY: On April 5, 2006, the United The remand redetermination States Court of International Trade explained that, in accordance with the (‘‘Court’’) sustained the final remand Court’s opinion, the Department must determination made by the Department analyze the evidence presented by of Commerce (‘‘the Department’’) Maria Yee to determine whether it is pursuant to the Court’s remand of the eligible for a separate rate. Accordingly, amended final determination of the on December 27, 2005, the Department investigation of wooden bedroom reopened the record and requested that furniture from the People’s Republic of Maria Yee re–submit a copy of its initial China (‘‘PRC’’). See Guangzhou Maria July 2, 2004, submission, which it did Yee Furnishings Ltd., et al. v. United on December 28, 2005. Additionally, the States, Ct. No. 05–00065, Slip Op. 06– Department issued one supplemental 44 (Ct. Int’l Trade April 5, 2006) (‘‘Maria questionnaire to Maria Yee to address a Yee Order’’). This case arises out of the few deficiencies found in its December Department’s Final Determination of 28, 2005, submission. Maria Yee Sales at Less Than Fair Value: Wooden submitted timely and complete Bedroom Furniture From the People’s responses to these questionnaires. On Republic of China, 69 FR 67313 February 10, 2006, the Department (November 17, 2004) (‘‘Final issued its draft results of Determination’’), as amended, 70 FR 329 redetermination pursuant to remand for (January 4, 2005) (‘‘Amended Final comment by the interested parties. On Determination’’). Because the litigation February 14, 2006, Maria Yee submitted in this matter is concluded, the comments in response to the Department is issuing an amended final Department’s draft results of determination in accordance with the redetermination. No other party filed CIT’s decision. comments. On March 1, 2006, the EFFECTIVE DATE: June 22, 2006. Department issued its final results of redetermination pursuant to remand to FOR FURTHER INFORMATION CONTACT: the Court. Based on our analysis of Eugene Degnan, AD/CVD Operations, Maria Yee’s evidence, we determined Office 8, Import Administration, that Maria Yee qualifies for a separate International Trade Administration, rate in the investigation of wooden U.S. Department of Commerce, 14th bedroom furniture from the PRC. See Street and Constitution Avenue, NW., Final Results of Redetermination Washington DC 20230; telephone (202) Pursuant to Court Remand, March 1, 482–0414. 2006. SUPPLEMENTARY INFORMATION: On April 5, 2006, the Court ruled that Background the Department’s remand determination is supported by substantial evidence, On November 17, 2004, the Department published its notice of final and affirmed the Department’s remand results in their entirety. See Maria Yee determination in the investigation of Order. Granting a separate rate to Maria wooden bedroom furniture from the Yee changes it’s antidumping duty rate PRC. See Final Determination. On from the PRC–wide rate of 198.08 January 4, 2005, the Department percent to the Section A respondent rate published its notice of amended final of 6.65 percent. determination in the investigation of On April 27, 2006, consistent with the wooden bedroom furniture from the decision in Timken Co. v. United States, PRC. See Amended Final 893 F.2d 337 (Fed. Cir. 1990), the Determination. In Guangzhou Maria Yee Furnishings, Department notified the public that the CIT’s decision was not ‘‘in harmony’’ Ltd., et al. v. United States, Ct. No. 05– with the Department’s final 00065, Slip Op. 05–158 (CIT December determination. See Wooden Bedroom 14, 2005), the Court remanded the Department’s determination to reject, as Furniture from the People’s Republic of wwhite on PROD1PC61 with NOTICES DEPARTMENT OF COMMERCE VerDate Aug<31>2005 19:08 Jun 21, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 China: Notice of Court Decision Not in Harmony, 71 FR 24840 (April 27, 2006). Amended Final Determination 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: Company Weighted–Average Margin (Percent) Maria Yee ..................... 6.65 U.S. Customs and Border Protection will require a cash deposit rate of 6.65 percent for subject merchandise exported by Maria Yee and entered, or withdrawn from warehouse, for 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 Tariff Act of 1930, as amended. Dated: June 16, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–9876 Filed 6–21–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 041806B] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Surf Zone Testing/ Training and Amphibious Vehicle Training and Weapons Testing National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of an application for an incidental take authorization; notice of proposed incidental harassment authorization; request for comments and information. AGENCY: SUMMARY: On November 29, 2005, NMFS received a request from Eglin Air Force Base (Eglin AFB), for authorization to harass marine mammals, incidental to conducting surf zone testing/training and amphibious vehicle training and weapons testing off the coast of Santa Rosa Island (SRI). As E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Notices]
[Page 35870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9876]



[[Page 35870]]

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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 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 (``PRC''). 
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 Order''). 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) (``Final Determination''), as amended, 70 FR 329 (January 4, 
2005) (``Amended Final Determination''). 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 22, 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

    On November 17, 2004, the Department published its notice of final 
determination in the investigation of wooden bedroom furniture from the 
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.
    In Guangzhou Maria Yee Furnishings, Ltd., et al. v. United States, 
Ct. No. 05-00065, Slip Op. 05-158 (CIT December 14, 2005), the Court 
remanded the Department's determination to reject, as untimely, certain 
information submitted by Guangzhou Maria Yee Furnishings Ltd. and Pyla 
HK Ltd.) (``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, 391 F. Supp. 2d 1298 (2005).
    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, which it did on December 28, 2005. Additionally, the 
Department issued one supplemental questionnaire to Maria Yee to 
address a few deficiencies found in its December 28, 2005, submission. 
Maria Yee submitted timely and complete responses to these 
questionnaires. 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. 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, March 1, 2006.
    On April 5, 2006, the Court ruled that the Department's remand 
determination is supported by substantial evidence, and affirmed the 
Department's remand results in their entirety. See Maria Yee Order. 
Granting a separate rate to Maria Yee changes it's antidumping duty 
rate from the PRC-wide rate of 198.08 percent to the Section A 
respondent rate of 6.65 percent.
    On April 27, 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 24840 (April 27, 2006).

Amended Final Determination

    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)
------------------------------------------------------------------------
Maria Yee...........................................                6.65
------------------------------------------------------------------------

    U.S. Customs and Border Protection will require a cash deposit rate 
of 6.65 percent for subject merchandise exported by Maria Yee and 
entered, or withdrawn from warehouse, for 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 Tariff Act of 1930, as amended.

    Dated: June 16, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-9876 Filed 6-21-06; 8:45 am]
BILLING CODE 3510-DS-S