Wooden Bedroom Furniture from the People's Republic of China: Amended Final Results Pursuant to a Final Court Decision, 2055-2057 [E9-631]

Download as PDF Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices Exporter & Producer Weighted–Average Margin Guanghan Shida Carbon Co., Ltd. Produced by: Guanghan Shida Carbon Co., Ltd. ........................................... Nantong River–East Carbon Joint Stock Co., Ltd. Produced by: Nantong River–East Carbon Co., Ltd.; or Nantong Yangzi Carbon Co., Ltd. ........................................................................................................................ Xinghe County Muzi Carbon Co. Ltd. Produced by: Xinghe County Muzi Carbon Co., Ltd. ................................. Brilliant Charter Limited Produced by: Nantong Falter New Energy Co., Ltd.; or Shanxi Jinneng Group Co., Ltd. ....................................................................................................................................................................... Shijiazhuang Huanan Carbon Factory Produced by: Shijiazhuang Huanan Carbon Factory ................................ Shenyang Jinli Metals & Minerals Imp & Exp Co., Ltd. Produced by: Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd. ....................................................................................................................................................... Shanghai Jinneng International Trade Co., Ltd. Produced by: Shanxi Jinneng Group Datong Energy Development Co., Ltd. ...................................................................................................................................................... Dalian Thrive Metallurgy Import and Export Co., Ltd. Produced by: Linghai Hongfeng Carbon Products Co., Ltd.; Tianzhen Jintian Graphite Electrodes Co., Ltd.; Jiaozuo Zhongzhou Carbon Products Co., Ltd.; Heilongjiang Xinyuan Carbon Products Co., Ltd.; Xuzhou Jianglong Carbon Manufacture Co., Ltd.; or Xinghe Xinyuan Carbon Products Co., Ltd. ......................................................................................................... GES (China) Co., Ltd. Produced by: Shanghai GC Co., Ltd.; Fushun Jinli Petrochemical Carbon Co., Ltd.; Xinghe County Muzi Carbon Plant and Linyi County Lubei Carbon Co., Ltd. Shandong Province ................... Qingdao Haosheng Metals & Minerals Imp & Exp Co., Ltd. Produced by: Sinosteel Jilin Carbon Co., Ltd. ........ PRC–Wide Entity ..................................................................................................................................................... Disclosure We will disclose to parties the calculations performed within five days of the date of public announcement of this determination in accordance with 19 C.F.R. § 351.224(b). Continuation of Suspension of Liquidation In the Preliminary Determination, the Department found that critical circumstances exist with respect to imports of subject merchandise from the Fangda Group and the separate rate companies but the Department found that critical circumstances did not exist with respect to Fushun Jinly and the PRC–wide entity. As noted above, for the final determination, the Department has found that critical circumstances exist with respect to imports of subject merchandise from the Fangda Group, the separate rate companies, and the PRC–wide entity, including Fushun Jinly. Thus, in accordance with section 735(c)(1)(B) of the Act, we are directing U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all imports of subject merchandise from the Fangda Group and the separate rate applicants4 entered, or withdrawn from warehouse, for consumption on or after May 23, 2008, which is 90 days prior to the date of publication of the Preliminary Determination in the Federal Register. For the PRC wide entity, including Fushun Jinly, we will instruct CBP to sroberts on PROD1PC70 with NOTICES 4 As noted above, the separate rate applicants are Jilin Carbon; Guanghan Shida Carbon Co., Ltd; Nantong River East Carbon Co. Ltd.; Xinghe County Muzi Carbon Co. Ltd.; Brilliant Charter Limited; Shijiazhuang Huanan Carbon Factory; Shenyang Jinli Metals & Minerals Imp & Exp Co., Ltd.; Shanghai Jinneng International Trade Co., Ltd.; Dalian Thrive Metallurgy Import and Export Co., Ltd.; GES (China) Co., Ltd.; and Qingdao Haosheng Metals & Minerals Imp & Exp Co., Ltd.. VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 suspend liquidation of all entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after May 23, 2008, pursuant to section 735(c)(4)(B) of the Act. We will instruct CBP to continue to require a cash deposit or the posting of a bond for all companies based on the estimated weighted–average dumping margins shown above. The suspension of liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we have notified ITC of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise within 45 days of this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information PO 00000 Frm 00016 Fmt 4703 2055 Sfmt 4703 132.90% 132.90% 132.90% 132.90% 132.90% 132.90% 132.90% 132.90% 132.90% 132.90% 159.64% disclosed under APO in accordance with 19 C.F.R. § 351.305. Timely notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: January 5, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I Comment 1: Whether Fushun Jinly’s Dumping Margin Should be Based on Adverse Facts Available Comment 2: Whether Graphite Connecting Pins are Covered by the Scope of the Investigation Comment 3: Whether the Fangda Group’s Dumping Margin Should be Based on Adverse Facts Available Comment 4: Whether Critical Circumstances Exist for the Fangda Group, Fushun Jinly, the Separate Rate Applicants, and the PRC–Wide Entity [FR Doc. E9–699 Filed 1–13–09; 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: Amended Final Results Pursuant to a Final Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. E:\FR\FM\14JAN1.SGM 14JAN1 2056 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices SUMMARY: On October 10, 2008, the United States Court of International Trade (‘‘CIT’’) sustained the Department of Commerce’s (‘‘Department’’) final results of redetermination pursuant to the Department’s voluntary remand, wherein the Department granted separate–rate status to Macau Youcheng Trading Co./Zhongshan Youcheng Wooden Arts & Crafts Co., Ltd. (collectively ‘‘Youcheng’’).1 The period of review (‘‘POR’’) is June 24, 2004, through December 31, 2005. As there is now a final and conclusive court decision in this case, the Department is amending the final results of the first administrative review of wooden bedroom furniture (‘‘WBF’’) from the People’s Republic of China (‘‘PRC’’), to reflect this determination pursuant to a request by the Department for the CIT to grant a remand in this case. See Amended Final Results of Antidumping Duty Administrative Review and New Shipper Reviews: Wooden Bedroom Furniture From the People’s Republic of China, 72 FR 46957 (August 22, 2007) (‘‘Amended Final Results’’); and Second Amended Final Results of Antidumping Duty Administrative Review: Wooden Bedroom Furniture From the People’s Republic of China, 72 FR 62834 (November 7, 2007) (‘‘2nd Amended Final Results’’). EFFECTIVE DATE: January 14, 2009. FOR FURTHER INFORMATION CONTACT: Frances Veith, 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) 482–4295. SUPPLEMENTARY INFORMATION: On August 22, 2007, the Department published its final results in the first administrative review of the antidumping duty order on WBF from the PRC covering the period June 24, 2004, through December 31, 2005, and on November 7, 2007, it published its amended final results.2 See Amended Final Results and 2nd Amended Final Results, respectively. In the Amended Final Results, Youcheng was denied a separate rate, because it failed to demonstrate that it made a sale of subject merchandise during the POR, a determination which remained unchanged in the 2nd Amended Final Results. On September 4, 2007, Youcheng filed a summons and complaint with the CIT challenging the Department’s denial of a separate rate to Youcheng. On June 19, 2008, the Department requested a voluntary remand so that the Department could further analyze the record, explain its decision, and take such action as may be appropriate pertaining to the denial of separate–rate status to Youcheng. On June 20, 2008, the CIT granted the Department’s voluntary remand motion. On August 22, 2008, we issued our draft redetermination to interested parties for comment. On September 12, 2008, Petitioners3 and Youcheng provided comments on the Department’s draft redetermination results. On October 3, 2008, the Department filed with the CIT its final results of redetermination pursuant to Youcheng v. United States, granting Youcheng a separate rate. On October 10, 2008, the CIT sustained the final results of redetermination on remand. On November 13, 2008, the Department notified the public that the final judgment in this case is not in harmony with the Amended Final Results and the 2nd Amended Final Results. See Wooden Bedroom Furniture from the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review, 73 FR 67133 (November 13, 2008). The deadline to appeal the redetermination pursuant to remand was December 9, 2008, 60 days after the date the CIT sustained the final results of redetermination on remand (i.e., October 10, 2008). The time period for appealing the CIT’s decision has expired and no party has appealed the CIT’s decision to the Court of Appeals for the Federal Circuit. Because there is now a final and conclusive court decision in this case, the Department is amending the final results with respect to Youcheng. Amended Final Results of Review The remand redetermination explained that, in accordance with the CIT’s instructions, the Department analyzed the record and determined to grant separate–rate status to Youcheng. Based on this reconsideration, Youcheng’s status changed from an entity considered as part of the PRC– wide entity, and subject to the PRC– wide rate, to an entity eligible for separate–rate status and having a separate rate. Therefore, we are amending the final results for Youcheng, a company that was not selected for individual review. Accordingly, we are applying to Youcheng a dumping margin equal to the weighted average of the calculated rates for the companies selected for individual review, as detailed below, for the period June 24, 2004, through December 31, 2005. WBF FROM THE PRC Separate–Rate Applicant Exporter 1st Administrative Review Margin (Percent) Macau Youcheng Trading Co./Zhongshan Youcheng Wooden Arts & Crafts Co., Ltd. ........................................... Cash Deposit Requirements sroberts on PROD1PC70 with NOTICES Pursuant to the final court decision, the following cash deposit rate will be effective upon publication of these amended final results, for all shipments of subject merchandise exported by Youcheng entered or withdrawn from warehouse, for consumption on or after 1 See Macau Youcheng Trading Co. and Zhongshan Youcheng Wooden Arts & Crafts Co., Ltd. v. United States Court No. 07-00322: Final Results Of Redetermination Pursuant To Voluntary Remand, dated October 3, 2008 (‘‘Youcheng v. United States’’). VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 35.78 publication date of this notice. A 35.78 percent cash deposit will be required for subject merchandise exported by Youcheng. Youcheng’s cash deposit rate will remain in effect until further notice. Assessment 2 As a result of an inadvertent error, the unpublished version of this notice released to interested parties on August 8, 2007, contained the appendix from the investigation of this proceeding, rather than the appendix intended for the first administrative review. The amended final results corrected this error. Because this error was discovered prior to publication in the Federal Register, the amended final results were published in place of the original version released on August 8, 2007. 3 American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 The Department has determined, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries covered by this amended final results, pursuant to the final court decision. The Department intends to issue assessment E:\FR\FM\14JAN1.SGM 14JAN1 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices instructions to CBP 15 days after the publication date of these amended final results, pursuant to the final court decision. In accordance with 19 CFR 351.212(b)(1), for Youcheng, a company that was not selected for individual review, the assessment rate is based on the weighted average of the cash deposit rates calculated for the companies selected for individual review pursuant to section 735(c)(5)(A) of the Tariff Act of 1930, as amended (‘‘Act’’). For further details, see the Amended Final Results and the 2nd Amended Final Results. Notification to Interested Parties This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries. Pursuant to 19 CFR 351.402(f)(3), failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO, in accordance with 19 CFR 351.305 and as explained in the APO itself. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: January 7, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–631 Filed 1–13–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Mission Statement; Jordan and Egypt Business Development Mission; February 14–19, 2009 Department of Commerce. Notice. sroberts on PROD1PC70 with NOTICES AGENCY: ACTION: Mission Description The United States Department of Commerce, International Trade Administration, U.S. and Foreign VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 Commercial Service is organizing a trade mission to Amman, Jordan and Cairo, Egypt, February 14–19, 2009. The mission will include representatives from U.S. firms offering equipment and services in a variety of industry sectors, including, but not limited to, the following: Aerospace, automotive parts, construction, education and training, energy and power generation, environmental, food processing, franchising, hotel and restaurant, medical, oil and gas field machinery, packaging, petrochemical, pharmaceutical, port development, railroad, real estate development, security, telecommunications, and water and wastewater treatment. All U.S. companies are eligible to apply. Commercial Setting Jordan Jordan continues to take steps to transform itself into an outwardoriented, internationally competitive market-based economy, and has made considerable progress toward achieving macroeconomic stability and in implementing economic reform, especially in the areas of privatization and investment. Key reforms have been undertaken in the information technology, pharmaceuticals, tourism, and services sectors. Foreign and domestic investment laws grant specific incentives to industry, agriculture, hotels, hospitals, transportation, recreation projects, convention centers, and pipeline distribution of water, gas, and oil. Having worked closely with the International Monetary Fund and practiced careful monetary policy, Jordan now stands out in its region as a model of sound investor-friendly economic policy. Jordan’s government liberalized its trade regime to guarantee its membership in the World Trade Organization (April 2000), and the U.S.Jordan Free Trade Agreement (FTA), which entered into enforcement December 2001, will eliminate virtually all trade barriers between the two countries over a period of 10 years, heightening advantages for U.S. exporters as tariff rates fall year-by-year. Jordan and the United States have also concluded a treaty to protect bilateral investment. The Jordanian market has enjoyed two years of gross domestic product (GDP) growth averaging 7 percent and is expected to see continued expansion. Reforms to customs, taxation, and investment laws have improved the business climate. Investors continue to show interest in Jordan’s Qualifying Industrial Zones (QIZs), duty-free export PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 2057 portals that, since 1999, have attracted over $450 million in capital investments and created more than 55,000 new jobs, of which about 15,000 are held by Jordanians—57 percent by Jordanian women. Jordanian imports from the United States reached $857 million in 2007, a 31.8 percent increase over the previous year. Important market opportunities exist for U.S. firms in a variety of sectors, and there are niche markets for pharmaceuticals, laboratory equipment, real estate management services, and renewable energy, among others. Egypt At 78.8 million, Egypt is by far the largest Arab country by population and has a reasonably well-educated labor force. Egypt’s economy, traditionally associated with agriculture, has become increasingly diversified. While tourism is its single largest foreign exchange earner, Egypt is also a major oil and gas producer, ranking among the world’s top ten gas exporters. The clothing and textile sector is the largest industrial employer and a major foreign exchange earner. Other leading industries include steel, cement, chemicals, pharmaceuticals, and light consumer goods. Agriculture, although shrinking as a percentage of GDP, still employs almost 30 percent of the population. Egypt’s economy has improved considerably since 2005, due mainly to a new reformist government that has successfully floated the Egyptian pound, eliminated foreign exchange shortages along with the black market, reduced tariffs and simplified the tariff structure, moved to reform the financial sector, introduced measures to simplify the tax structure while lowering rates, and reduced the red tape necessary to conduct business. Supported by sustained reforms, Egypt’s economy marked a year of impressive performance in 2007, receiving record foreign investment (FDI), along with official reserves exceeding $30 billion. The Gross Domestic Product (GDP) grew by 7.1 percent, and is expected to expand at a similar rate in 2008. Most of the FDI has gone into construction and manufacturing, resulting in lower unemployment. The government has also inked agreements with China, Jordan, Russia, Turkey and Qatar to construct industrial zones. Receipts from the Suez Canal and tourism brought in more than $11 billion in the first three quarters of last year. The Egyptian stock market has been one of the best performers in the region. Egypt’s government is putting in place an institutional framework for privatepublic partnerships (PPPs). PPP projects E:\FR\FM\14JAN1.SGM 14JAN1

Agencies

[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2055-2057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-631]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture from the People's Republic of China: 
Amended Final Results Pursuant to a Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

[[Page 2056]]

SUMMARY: On October 10, 2008, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``Department'') 
final results of redetermination pursuant to the Department's voluntary 
remand, wherein the Department granted separate-rate status to Macau 
Youcheng Trading Co./Zhongshan Youcheng Wooden Arts & Crafts Co., Ltd. 
(collectively ``Youcheng'').\1\ The period of review (``POR'') is June 
24, 2004, through December 31, 2005. As there is now a final and 
conclusive court decision in this case, the Department is amending the 
final results of the first administrative review of wooden bedroom 
furniture (``WBF'') from the People's Republic of China (``PRC''), to 
reflect this determination pursuant to a request by the Department for 
the CIT to grant a remand in this case. See Amended Final Results of 
Antidumping Duty Administrative Review and New Shipper Reviews: Wooden 
Bedroom Furniture From the People's Republic of China, 72 FR 46957 
(August 22, 2007) (``Amended Final Results''); and Second Amended Final 
Results of Antidumping Duty Administrative Review: Wooden Bedroom 
Furniture From the People's Republic of China, 72 FR 62834 (November 7, 
2007) (``2nd Amended Final Results'').
---------------------------------------------------------------------------

    \1\ See Macau Youcheng Trading Co. and Zhongshan Youcheng Wooden 
Arts & Crafts Co., Ltd. v. United States Court No. 07-00322: Final 
Results Of Redetermination Pursuant To Voluntary Remand, dated 
October 3, 2008 (``Youcheng v. United States'').

---------------------------------------------------------------------------
EFFECTIVE DATE: January 14, 2009.

FOR FURTHER INFORMATION CONTACT: Frances Veith, 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) 482-4295.

SUPPLEMENTARY INFORMATION: On August 22, 2007, the Department published 
its final results in the first administrative review of the antidumping 
duty order on WBF from the PRC covering the period June 24, 2004, 
through December 31, 2005, and on November 7, 2007, it published its 
amended final results.\2\ See Amended Final Results and 2nd Amended 
Final Results, respectively. In the Amended Final Results, Youcheng was 
denied a separate rate, because it failed to demonstrate that it made a 
sale of subject merchandise during the POR, a determination which 
remained unchanged in the 2nd Amended Final Results.
---------------------------------------------------------------------------

    \2\ As a result of an inadvertent error, the unpublished version 
of this notice released to interested parties on August 8, 2007, 
contained the appendix from the investigation of this proceeding, 
rather than the appendix intended for the first administrative 
review. The amended final results corrected this error. Because this 
error was discovered prior to publication in the Federal Register, 
the amended final results were published in place of the original 
version released on August 8, 2007.
---------------------------------------------------------------------------

    On September 4, 2007, Youcheng filed a summons and complaint with 
the CIT challenging the Department's denial of a separate rate to 
Youcheng. On June 19, 2008, the Department requested a voluntary remand 
so that the Department could further analyze the record, explain its 
decision, and take such action as may be appropriate pertaining to the 
denial of separate-rate status to Youcheng. On June 20, 2008, the CIT 
granted the Department's voluntary remand motion. On August 22, 2008, 
we issued our draft redetermination to interested parties for comment. 
On September 12, 2008, Petitioners\3\ and Youcheng provided comments on 
the Department's draft redetermination results.
    On October 3, 2008, the Department filed with the CIT its final 
results of redetermination pursuant to Youcheng v. United States, 
granting Youcheng a separate rate. On October 10, 2008, the CIT 
sustained the final results of redetermination on remand. On November 
13, 2008, the Department notified the public that the final judgment in 
this case is not in harmony with the Amended Final Results and the 2nd 
Amended Final Results. See Wooden Bedroom Furniture from the People's 
Republic of China: Notice of Court Decision Not in Harmony With Final 
Results of Administrative Review, 73 FR 67133 (November 13, 2008). The 
deadline to appeal the redetermination pursuant to remand was December 
9, 2008, 60 days after the date the CIT sustained the final results of 
redetermination on remand (i.e., October 10, 2008). The time period for 
appealing the CIT's decision has expired and no party has appealed the 
CIT's decision to the Court of Appeals for the Federal Circuit. Because 
there is now a final and conclusive court decision in this case, the 
Department is amending the final results with respect to Youcheng.
---------------------------------------------------------------------------

    \3\ American Furniture Manufacturers Committee for Legal Trade 
and Vaughan-Bassett Furniture Company, Inc.
---------------------------------------------------------------------------

Amended Final Results of Review

    The remand redetermination explained that, in accordance with the 
CIT's instructions, the Department analyzed the record and determined 
to grant separate-rate status to Youcheng. Based on this 
reconsideration, Youcheng's status changed from an entity considered as 
part of the PRC-wide entity, and subject to the PRC-wide rate, to an 
entity eligible for separate-rate status and having a separate rate. 
Therefore, we are amending the final results for Youcheng, a company 
that was not selected for individual review. Accordingly, we are 
applying to Youcheng a dumping margin equal to the weighted average of 
the calculated rates for the companies selected for individual review, 
as detailed below, for the period June 24, 2004, through December 31, 
2005.

                            WBF from the PRC
------------------------------------------------------------------------
   Separate-Rate Applicant Exporter 1st
           Administrative Review                  Margin (Percent)
------------------------------------------------------------------------
Macau Youcheng Trading Co./Zhongshan                               35.78
 Youcheng Wooden Arts & Crafts Co., Ltd...
------------------------------------------------------------------------

Cash Deposit Requirements

    Pursuant to the final court decision, the following cash deposit 
rate will be effective upon publication of these amended final results, 
for all shipments of subject merchandise exported by Youcheng entered 
or withdrawn from warehouse, for consumption on or after publication 
date of this notice. A 35.78 percent cash deposit will be required for 
subject merchandise exported by Youcheng. Youcheng's cash deposit rate 
will remain in effect until further notice.

Assessment

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this amended final results, pursuant to 
the final court decision. The Department intends to issue assessment

[[Page 2057]]

instructions to CBP 15 days after the publication date of these amended 
final results, pursuant to the final court decision. In accordance with 
19 CFR 351.212(b)(1), for Youcheng, a company that was not selected for 
individual review, the assessment rate is based on the weighted average 
of the cash deposit rates calculated for the companies selected for 
individual review pursuant to section 735(c)(5)(A) of the Tariff Act of 
1930, as amended (``Act''). For further details, see the Amended Final 
Results and the 2nd Amended Final Results.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries. Pursuant to 19 CFR 351.402(f)(3), failure to 
comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO, in accordance with 19 CFR 351.305 and as explained in the APO 
itself. Timely written notification of the return/destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i) of the Act.

    Dated: January 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-631 Filed 1-13-09; 8:45 am]
BILLING CODE 3510-DS-S