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