Wooden Bedroom Furniture From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 57713-57714 [2011-23832]

Download as PDF Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Notices Executive Service and Senior Professional Performance Management Systems: William G. Bostic, Jr., Arnold A. Jackson, Theodore A. Johnson, Steven J. Jost, J. Steven Landefeld, Jennifer Madans, Marilia A. Matos, Brian E. McGrath, Thomas L. Mesenbourg, Jr., Brian C. Moyer, Nancy A. Potok, Katherine K. Wallman. The term of all new members of the PRB will expire on December 31, 2013. FOR FURTHER INFORMATION CONTACT: Latasha Ellis, 301–763–3727. Dated: September 7, 2011. Kenneth A. Arnold, Associate Under Secretary for Management, Chair, Performance Review Board. [FR Doc. 2011–23752 Filed 9–15–11; 8:45 am] BILLING CODE 3510–BS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–890] Wooden Bedroom Furniture From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 11, 2011, the Department of Commerce (‘‘Department’’) published the final results of the antidumping duty administrative review of wooden bedroom furniture from the People’s Republic of China (‘‘PRC’’).1 The period of review (‘‘POR’’) is January 1, 2009, through December 31, 2009. We are amending our Final Results to correct certain ministerial errors. DATES: Effective Date: September 16, 2011. AGENCY: mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen or Rebecca Pandolph, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2769 or (202) 482–3627, respectively. 1 See Wooden Bedroom Furniture From the People’s Republic of China: Final Results and Final Rescission in Part, 76 FR 49729 (August 11, 2011) (‘‘Final Results’’). VerDate Mar<15>2010 16:26 Sep 15, 2011 Jkt 223001 Background The Department’s regulations at 19 CFR 351.224(c)(2) state that a party to an antidumping duty proceeding must file comments concerning ministerial errors within five days after the earlier of the date on which the Secretary released disclosure documents to that party or held a disclosure meeting with that party. On August 10, 2011, Zhangjiagang Zheng Yan Decoration Co., Ltd. (‘‘ZYD’’) submitted a ministerial error allegation. On August 17, 2011, the Department issued draft cash deposit and liquidation instructions to all interested parties and set August 19, 2011, as the deadline for submitting comments on these instructions. On August 17, 2011, American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. (collectively, ‘‘Petitioners’’); Home Meridian International, Inc. d/b/a/ Samuel Lawrence Furniture Co. and Pulaski Furniture Company and Import Services, Inc. (‘‘Home Meridian’’) and Great Rich (HK) Enterprises Co., Ltd. (‘‘Great Rich’’) 2 submitted timely ministerial error allegations regarding the Final Results. On August 19, 2011, both Petitioners and Dalian Huafeng Furniture Group Co., Ltd. (‘‘Dalian Huafeng’’) submitted comments regarding the liquidation instructions for Huafeng. On August 22, 2011, Petitioners and Dalian Huafeng replied to Home Meridian’s August 17, 2011, submission. On August 31, 2011, the Department rejected Dalian Huafeng’s August 22, 2011, reply to ministerial error comments because it contained a new allegation. On September 2, 2011, Dalian Huafeng refiled its reply comments after removing the new allegation in accordance with instructions from the Department. Mowry and Grimson entered a notice of appearance on behalf of Liberty Furniture Industries Inc. (‘‘Liberty’’) on August 17, 2011. The law firm also submitted a ministerial error allegation on behalf of Liberty on that date. In its allegation, Liberty ‘‘signed on to the ministerial error comments’’ filed by Home Meridian. Because Liberty was not a party to the proceeding, the Department rejected its ministerial error allegation.3 2 Great Rich refilled its allegation on August 22, 2011, because it incorrectly identified the POR on its August 17, 2011, submission as the POR for the subsequent administrative review covering January 1, 2010, through December 31, 2010. 3 See Letter to Liberty Furniture Industries, Inc. from Abdelali Elouaradia, Office Director, AD/CVD Operations, Office 4 regarding, ‘‘Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People’s Republic of PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 57713 Ministerial Errors A ministerial error, as defined in section 751(h) of the Tariff Act of 1930, as amended (‘‘the Act’’), includes ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.’’ 4 Petitioners allege that the Department: (1) Left out the word ‘‘Dongguan’’ when it listed the entity ‘‘Dongguan Cambridge Furniture Co., Ltd., Glory Oceanic Co., Ltd.’’ (‘‘Cambridge’’) in the rate table of the Final Results; (2) did not correctly account for Dalian Huafeng’s name change in the cash deposit instructions and (3) should revise the liquidation instructions for Dalian Huafeng to include ‘‘reseller’’ language as is done in market economy cases. Great Rich alleges that the Department incorrectly spelled its name in the cash deposit instructions. Home Meridian alleges that the Department made an arithmetic error in determining the surrogate value for plywood. Dalian Huafeng agrees with Home Meridian’s allegation and also alleges that the Department’s liquidation instructions do not correctly account for its name change. Petitioners claim Home Meridian’s and Dalian Huafeng’s allegation regarding the surrogate value calculation for plywood does not constitute a ministerial error. ZYD alleges that the Department incorrectly listed its rate in the Final Results given that the Department had rescinded the review of ZYD. After analyzing the interested parties’ allegations and reply comments, we find, in accordance with section 751(h) of the Act and 19 CFR 351.225(e), that the Department: (1) Incorrectly listed Cambridge’s name in Final Results; (2) misspelled Great Rich’s name in the cash deposit instructions and the Final Results; and (3) incorrectly listed ZYD’s rate as 41.75 percent in the Final Results when the company’s rate should have remained unchanged. Therefore, in accordance with section 735(e) of the Act, we are amending the Final Results. Specifically, we are amending the entity name ‘‘Cambridge Furniture Co., Ltd., Glory Oceanic Co., Ltd.’’ that was listed in the Final Results to ‘‘Dongguan Cambridge Furniture Co., Ltd., Glory Oceanic Co., Ltd.’’ The antidumping duty percentage margin assigned to this entity has not changed. Also, we are amending the entity name ‘‘Dongguan China: Ministerial Error Comments: Rejection of Submission,’’ dated August 31, 2011. 4 See also 19 CFR 351.224(f). E:\FR\FM\16SEN1.SGM 16SEN1 57714 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Liaobushangdun Huada Furniture Factory, Great Rich (HK) Enterprise Co., Ltd.’’ that was listed in the Final Results to ‘‘Dongguan Liaobushangdun Huada Furniture Factory, Great Rich (HK) Enterprises Co., Ltd.’’ The antidumping duty percentage margin assigned to this entity has not changed. The above corrections are also reflected in the customs instructions. Lastly, we are amending the Final Results by removing Zhangjiagang Zheng Yan Decoration Co. Ltd. from the rate table and noting that this company should not have been listed as receiving an antidumping duty margin of 41.75 percent. The review of Zhangjiagang Zheng Yan Decoration Co. Ltd. was rescinded and thus this company’s dumping margin remains unchanged. We will liquidate entries for ZYD during the instant POR at the cash deposit rate required at the time of entry. In addition, ZYD’s cash deposit rate will not change as a result of this review but will remain the rate in effect at the time of entry. Correction of these ministerial errors does not affect the margin selected for the PRC-wide entity. However, we disagree that the Department made ministerial errors with respect to: (1) Accounting for Dalian Huafeng’s name change in the customs instructions; and (2) calculating the surrogate value for plywood. Further, the Department does not consider Petitioners’ comments regarding the omission of reseller language from the liquidation instructions for Dalian Huafeng to be a ministerial error allegation and is, therefore, not making any changes in response to Petitioners’ comments. For a full explanation of each of these findings, see Memorandum to Abdelali Elouaradia, Director, AD/CVD Operations, Office 4 regarding, ‘‘Ministerial Error Allegations in the Final Results of the 2009 Antidumping Duty Administrative Review of Wooden Bedroom Furniture from the People’s Republic of China,’’ dated concurrently with this notice. Assessment Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department shall determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP that are related to the amended final results 15 days after the date of publication of the amended final results of review. Cash Deposit Requirements Cash deposit requirements related to the amended final results will be VerDate Mar<15>2010 16:26 Sep 15, 2011 Jkt 223001 effective retroactively for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the Final Results, as provided for by section 751(a)(2)(C) of the Act. The cash deposit rate for companies whose rate was corrected by the amended final results (i.e., ZYD) will be the corrected rate for that company noted above. As noted above, ZYD’s cash deposit rate will not change as a result of this review but will remain the rate in effect at the time of entry. For previously investigated or reviewed PRC and nonPRC exporters that have separate rates whose rate has not changed as a result of the amended final results, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period. For all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 216.01 percent. For all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These deposit requirements shall remain in effect until further notice. These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act. Dated: September 12, 2011. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–23832 Filed 9–15–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration The Manufacturing Council: Meeting of the Manufacturing Council International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The Manufacturing Council will hold a meeting to hear updates from the Department of Commerce in addition to the Council’s ex-officio agency members from, the Departments of the Treasury, Labor, and Energy on past Council recommendations regarding competitiveness, workforce development issues, energy policy, trade agreements and other issues affecting the U.S. manufacturing sector and to determine future areas of focus for Council work. SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 9990 September 29, 2011. Time: 9 a.m.–11 a.m. EDT. DATES: The U.S. Department of Commerce, 1401 Constitution Avenue, NW., Room 4830, Washington, DC 20230. All guests are requested to register in advance. This program will be physically accessible to people with disabilities. Seating is limited and will be on a first come, first served basis. Requests for sign language interpretation, other auxiliary aids, or pre-registration, should be submitted no later than September 22, 2011 to Jennifer Pilat, the Manufacturing Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone 202–482–4501, OACIE@trade.gov. Last minute requests will be accepted, but may be impossible to fill. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jennifer Pilat, the Manufacturing Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone: 202–482–4501, e-mail: OACIE@trade.gov. The Council was re-chartered on April 8, 2010, to advise the Secretary of Commerce on matters relating to the U.S. manufacturing industry. No time will be available for oral comments from members of the public attending the meeting. Any member of the public may submit pertinent written comments concerning the Council’s affairs at any time before or after the meeting. Comments may be submitted to Jennifer Pilat at the contact information indicated above. To be considered during the meeting, comments must be received no later than 5 p.m. Eastern Time on September 22, 2011, to ensure transmission to the Council prior to the meeting. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of Council meeting minutes will be available within 90 days of the meeting. SUPPLEMENTARY INFORMATION: Dated: September 12, 2011. Jennifer Pilat, Executive Secretary, The Manufacturing Council. [FR Doc. 2011–23901 Filed 9–15–11; 8:45 am] BILLING CODE 3510–DR–P E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Pages 57713-57714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23832]


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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 of Antidumping Duty Administrative Review

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

SUMMARY: On August 11, 2011, the Department of Commerce 
(``Department'') published the final results of the antidumping duty 
administrative review of wooden bedroom furniture from the People's 
Republic of China (``PRC'').\1\ The period of review (``POR'') is 
January 1, 2009, through December 31, 2009. We are amending our Final 
Results to correct certain ministerial errors.
---------------------------------------------------------------------------

    \1\ See Wooden Bedroom Furniture From the People's Republic of 
China: Final Results and Final Rescission in Part, 76 FR 49729 
(August 11, 2011) (``Final Results'').

---------------------------------------------------------------------------
DATES: Effective Date: September 16, 2011.

FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen or Rebecca Pandolph, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2769 or (202) 482-3627, 
respectively.

Background

    The Department's regulations at 19 CFR 351.224(c)(2) state that a 
party to an antidumping duty proceeding must file comments concerning 
ministerial errors within five days after the earlier of the date on 
which the Secretary released disclosure documents to that party or held 
a disclosure meeting with that party. On August 10, 2011, Zhangjiagang 
Zheng Yan Decoration Co., Ltd. (``ZYD'') submitted a ministerial error 
allegation. On August 17, 2011, the Department issued draft cash 
deposit and liquidation instructions to all interested parties and set 
August 19, 2011, as the deadline for submitting comments on these 
instructions. On August 17, 2011, American Furniture Manufacturers 
Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. 
(collectively, ``Petitioners''); Home Meridian International, Inc. d/b/
a/Samuel Lawrence Furniture Co. and Pulaski Furniture Company and 
Import Services, Inc. (``Home Meridian'') and Great Rich (HK) 
Enterprises Co., Ltd. (``Great Rich'') \2\ submitted timely ministerial 
error allegations regarding the Final Results. On August 19, 2011, both 
Petitioners and Dalian Huafeng Furniture Group Co., Ltd. (``Dalian 
Huafeng'') submitted comments regarding the liquidation instructions 
for Huafeng. On August 22, 2011, Petitioners and Dalian Huafeng replied 
to Home Meridian's August 17, 2011, submission. On August 31, 2011, the 
Department rejected Dalian Huafeng's August 22, 2011, reply to 
ministerial error comments because it contained a new allegation. On 
September 2, 2011, Dalian Huafeng refiled its reply comments after 
removing the new allegation in accordance with instructions from the 
Department.
---------------------------------------------------------------------------

    \2\ Great Rich refilled its allegation on August 22, 2011, 
because it incorrectly identified the POR on its August 17, 2011, 
submission as the POR for the subsequent administrative review 
covering January 1, 2010, through December 31, 2010.
---------------------------------------------------------------------------

    Mowry and Grimson entered a notice of appearance on behalf of 
Liberty Furniture Industries Inc. (``Liberty'') on August 17, 2011. The 
law firm also submitted a ministerial error allegation on behalf of 
Liberty on that date. In its allegation, Liberty ``signed on to the 
ministerial error comments'' filed by Home Meridian. Because Liberty 
was not a party to the proceeding, the Department rejected its 
ministerial error allegation.\3\
---------------------------------------------------------------------------

    \3\ See Letter to Liberty Furniture Industries, Inc. from 
Abdelali Elouaradia, Office Director, AD/CVD Operations, Office 4 
regarding, ``Administrative Review of the Antidumping Duty Order on 
Wooden Bedroom Furniture from the People's Republic of China: 
Ministerial Error Comments: Rejection of Submission,'' dated August 
31, 2011.
---------------------------------------------------------------------------

Ministerial Errors

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (``the Act''), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \4\
---------------------------------------------------------------------------

    \4\ See also 19 CFR 351.224(f).
---------------------------------------------------------------------------

    Petitioners allege that the Department: (1) Left out the word 
``Dongguan'' when it listed the entity ``Dongguan Cambridge Furniture 
Co., Ltd., Glory Oceanic Co., Ltd.'' (``Cambridge'') in the rate table 
of the Final Results; (2) did not correctly account for Dalian 
Huafeng's name change in the cash deposit instructions and (3) should 
revise the liquidation instructions for Dalian Huafeng to include 
``reseller'' language as is done in market economy cases. Great Rich 
alleges that the Department incorrectly spelled its name in the cash 
deposit instructions. Home Meridian alleges that the Department made an 
arithmetic error in determining the surrogate value for plywood. Dalian 
Huafeng agrees with Home Meridian's allegation and also alleges that 
the Department's liquidation instructions do not correctly account for 
its name change. Petitioners claim Home Meridian's and Dalian Huafeng's 
allegation regarding the surrogate value calculation for plywood does 
not constitute a ministerial error. ZYD alleges that the Department 
incorrectly listed its rate in the Final Results given that the 
Department had rescinded the review of ZYD.
    After analyzing the interested parties' allegations and reply 
comments, we find, in accordance with section 751(h) of the Act and 19 
CFR 351.225(e), that the Department: (1) Incorrectly listed Cambridge's 
name in Final Results; (2) misspelled Great Rich's name in the cash 
deposit instructions and the Final Results; and (3) incorrectly listed 
ZYD's rate as 41.75 percent in the Final Results when the company's 
rate should have remained unchanged. Therefore, in accordance with 
section 735(e) of the Act, we are amending the Final Results. 
Specifically, we are amending the entity name ``Cambridge Furniture 
Co., Ltd., Glory Oceanic Co., Ltd.'' that was listed in the Final 
Results to ``Dongguan Cambridge Furniture Co., Ltd., Glory Oceanic Co., 
Ltd.'' The antidumping duty percentage margin assigned to this entity 
has not changed. Also, we are amending the entity name ``Dongguan

[[Page 57714]]

Liaobushangdun Huada Furniture Factory, Great Rich (HK) Enterprise Co., 
Ltd.'' that was listed in the Final Results to ``Dongguan 
Liaobushangdun Huada Furniture Factory, Great Rich (HK) Enterprises 
Co., Ltd.'' The antidumping duty percentage margin assigned to this 
entity has not changed. The above corrections are also reflected in the 
customs instructions. Lastly, we are amending the Final Results by 
removing Zhangjiagang Zheng Yan Decoration Co. Ltd. from the rate table 
and noting that this company should not have been listed as receiving 
an antidumping duty margin of 41.75 percent. The review of Zhangjiagang 
Zheng Yan Decoration Co. Ltd. was rescinded and thus this company's 
dumping margin remains unchanged. We will liquidate entries for ZYD 
during the instant POR at the cash deposit rate required at the time of 
entry. In addition, ZYD's cash deposit rate will not change as a result 
of this review but will remain the rate in effect at the time of entry. 
Correction of these ministerial errors does not affect the margin 
selected for the PRC-wide entity. However, we disagree that the 
Department made ministerial errors with respect to: (1) Accounting for 
Dalian Huafeng's name change in the customs instructions; and (2) 
calculating the surrogate value for plywood. Further, the Department 
does not consider Petitioners' comments regarding the omission of 
reseller language from the liquidation instructions for Dalian Huafeng 
to be a ministerial error allegation and is, therefore, not making any 
changes in response to Petitioners' comments. For a full explanation of 
each of these findings, see Memorandum to Abdelali Elouaradia, 
Director, AD/CVD Operations, Office 4 regarding, ``Ministerial Error 
Allegations in the Final Results of the 2009 Antidumping Duty 
Administrative Review of Wooden Bedroom Furniture from the People's 
Republic of China,'' dated concurrently with this notice.

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP that are 
related to the amended final results 15 days after the date of 
publication of the amended final results of review.

Cash Deposit Requirements

    Cash deposit requirements related to the amended final results will 
be effective retroactively for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of the Final Results, as provided for by section 
751(a)(2)(C) of the Act. The cash deposit rate for companies whose rate 
was corrected by the amended final results (i.e., ZYD) will be the 
corrected rate for that company noted above. As noted above, ZYD's cash 
deposit rate will not change as a result of this review but will remain 
the rate in effect at the time of entry. For previously investigated or 
reviewed PRC and non-PRC exporters that have separate rates whose rate 
has not changed as a result of the amended final results, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period. For all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-wide rate of 216.01 
percent. For all non-PRC exporters of subject merchandise which have 
not received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporters that supplied that non-PRC exporter. 
These deposit requirements shall remain in effect until further notice.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: September 12, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-23832 Filed 9-15-11; 8:45 am]
BILLING CODE 3510-DS-P

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