Wooden Bedroom Furniture From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision, 68410-68411 [2014-27157]

Download as PDF 68410 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Notices NKK, and certain entries entered under the case number for SMI for which we determined SMI demonstrated its certification of no POR shipments. We will instruct CBP to liquidate these entries at the all-others rate established in the LTFV investigation, 68.88 percent,8 if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. DEPARTMENT OF COMMERCE Notifications Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 28, 2014, the United States Court of International Trade (‘‘CIT’’) sustained the Department of Commerce’s (‘‘the Department’’) results of redetermination, pursuant to the CIT’s remand order, in Lifestyle Enterprise, Inc., et al., v. United States, Consol. Ct. No. 09–00378.1 Consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (‘‘Diamond Sawblades’’), the Department is notifying the public that the final judgment in this case is not in harmony with the Department’s AR 3 Final Results 2 and is amending the final results with respect to the margins assigned to Guandong Yihua Timber Industry Co., Ltd. (‘‘Yihua Timber’’) for the period of review (‘‘POR’’) January 1, 2007 through December 31, 2007. DATES: Effective Date: November 7, 2014. FOR FURTHER INFORMATION CONTACT: Paul Stolz, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4474. SUPPLEMENTARY INFORMATION: Subsequent to the publication of the AR 3 Final Results, various plaintiffs filed complaints with the CIT to challenge Dated: November 7, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–27165 Filed 11–14–14; 8:45 am] asabaliauskas on DSK5VPTVN1PROD with NOTICES BILLING CODE 3510–DS–P Wooden Bedroom Furniture From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision 1 See Final Results of Redetermination Pursuant to Fourth Remand, Court No. 09–00378, dated October 16, 2014, available at: http:// enforcement.trade.gov/remands/index.html (‘‘WBF Final Remand’’). 2 See Final Results of Antidumping Duty Administrative Review and New Shipper Reviews: Wooden Bedroom Furniture From the People’s Republic of China, 74 FR 41374 (August 17, 2009), as amended by Amended Final Results of Antidumping Duty Administrative Review and New Shipper Reviews: Wooden Bedroom Furniture From the People’s Republic of China, 74 FR 55810 (October 29, 2009) (collectively, ‘‘AR 3 Final Results’’). LTFV Investigation. VerDate Sep<11>2014 [A–570–890] AGENCY: 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 during this review period. 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 the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 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. We are issuing and publishing these results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. 8 See International Trade Administration 17:14 Nov 14, 2014 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 certain aspects of the AR 3 Final Results of the Department’s third administrative review of the antidumping duty order on wooden bedroom furniture from the People’s Republic of China. In Lifestyle Enterprise, Inc. v. United States, 768 F. Supp. 2d 1286 (Ct. Int’l Trade 2011), the CIT remanded the case to the Department to ‘‘explain or otherwise resolve’’ Orient International Holding Shanghai Foreign Trade Co. Ltd.’s (‘‘Orient’’) separate rate, the data set for wood inputs, the tariff heading for medium density fiberboard, whether Global Classic Designs, Inc, and Diretso Design Furnitures, Inc. produce comparable merchandise through a comparable production process, surrogate labor value, and negative export pricing. In Lifestyle Enterprise, Inc. v. United States, 844 F. Supp. 2d 1283 (Ct. Int’l Trade 2012), the CIT remanded the case to the Department to re-determine Orient’s AFA rate and to re-open the record to gather more evidence with respect to wood inputs, or to use the volume-based data set to value wood inputs. In Lifestyle Enterprise, Inc. v. United States, 865 F. Supp. 2d 1284 (Ct. Int’l Trade 2012), the CIT remanded the issue of Orient’s AFA rate to the Department for reconsideration for a second time. In Lifestyle Enterprise, Inc. v. United States, 751 F.3d 1371 (Fed. Cir. 2014), the CAFC reversed the CIT’s decision to require the use of volume-based data in valuing the lumber inputs, and remanded the issue to the Department for further proceedings consistent with its opinion. Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the ‘‘Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s October 28, 2014, judgment sustaining the WBF Final Remand constitutes a final decision of that court that is not in harmony with the AR 3 Final Results. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision with respect to the AR 3 Final Results, the revised weighted-average dumping margin for the period January 1, 2007 through December 31, 2007, for Yihua Timber is 21.53 percent. The E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Notices revised AFA rate assigned to Orient for the period January 1, 2007 through December 31, 2007, is 83.55 percent. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise exported by Yihua Timber pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the Court’s ruling is not appealed, or if appealed and upheld by the Supreme Court, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries during the POR of the subject merchandise exported by the Yihua Timber using the revised assessment rates calculated by the Department in the WBF Final Remand. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: November 7, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. NMFS provided a web address to access the CEMP and Implementing Guidelines, responses to comments received on the draft CEMP, and other supporting documents. However, the web address provided is incorrect. Correction Accordingly, in the notice published on November 7, 2014 (79 FR 66360), on page 66360, second column, in the SUMMARY section, the web address is corrected to read as follows: http:// www.westcoast.fisheries.noaa.gov/ habitat/habitat_types/seagrass_info/ seagrass_1.html. Dated: November 10, 2014. Sean Corson, Acting Deputy Director Office of Habitat Conservation, National Marine Fisheries Service. [FR Doc. 2014–27193 Filed 11–14–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [FR Doc. 2014–27157 Filed 11–14–14; 8:45 am] BILLING CODE P RIN 0648–XD620 DEPARTMENT OF COMMERCE Gulf of Mexico Fishery Management Council (Council); Public Meeting National Oceanic and Atmospheric Administration AGENCY: RIN 0648–XD572 Availability of Report: California Eelgrass Mitigation Policy (CEMP) and Implementing Guidelines; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; correction. AGENCY: This action corrects a web address provided for availability of the CEMP and Implementing Guidelines, responses to comments received on the draft CEMP, and other supporting documents in a notice that published on November 7, 2014. FOR FURTHER INFORMATION CONTACT: Korie Schaeffer, NMFS West Coast Region, 707–575–6087. SUPPLEMENTARY INFORMATION: NMFS developed the CEMP and Implementing Guidelines to establish and support a goal of protecting eelgrass habitat and its functions, including spatial coverage and density of eelgrass habitats. The CEMP includes NMFS’ policy to recommend no net loss of eelgrass habitat function in California. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:14 Nov 14, 2014 Jkt 235001 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. Administration (NOAA), Commerce. ACTION: Notice of a public meeting. The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of its Ad Hoc Red Snapper For-Hire Advisory Panel. DATES: The meeting will convene at 9 a.m. on Tuesday, December 2 until 12 noon on Wednesday, December 3, 2014. ADDRESSES: Meeting address: The meeting will be held at the DoubleTree Tampa Airport Westshore hotel, located at 4500 West Cypress Street, Tampa, FL 33607. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Dr. Assane Diagne, Economist, Gulf of Mexico Fishery Management Council; telephone: (813) 348–1630; fax: (813) 348–1711; email: assane.diagne@ gulfcouncil.org. SUMMARY: The items of discussion on the agenda are as follows: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 68411 Ad Hoc Red Snapper For-Hire Advisory Panel Agenda, Tuesday, December 2, 2014, 9 a.m. Until Wednesday, December 3, 2014, 12 Noon 1. Adoption of Agenda 2. Elections (Chair and Vice-Chair) 3. Charge to the AP 4. Overview of the For-Hire Component 5. For-Hire Data Collection 6. Overview of Management Techniques in Fisheries 7. Management Experiment in the Gulf: The Headboat Collaborative 8. Short and Long Term Potential Management Measures 9. Recommendations to the Council 10. Other Business 11. Next Steps This agenda may be modified as necessary to facilitate the discussion of pertinent materials up to and during the scheduled meeting. For meeting materials, visit the Council’s Web site (http:// www.gulfcouncil.org) and click on the FTP link in the lower left corner of the Web site. The username and password are both ‘‘gulfguest’’. See folder ‘‘Ad Hoc Red Snapper For-Hire Advisory Panel meeting—2014—12’’ on Gulf Council file server. The meeting will be webcast over the internet. A link to the webcast will be available on the Council’s Web site under ‘‘meetings’’. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira at the Council Office (see ADDRESSES), at least 5 working days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. Authority: 16. U.S.C. 1801 et seq. Dated: November 12, 2014. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–27122 Filed 11–14–14; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Notices]
[Pages 68410-68411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27157]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On October 28, 2014, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department'') results of redetermination, pursuant to the CIT's remand 
order, in Lifestyle Enterprise, Inc., et al., v. United States, Consol. 
Ct. No. 09-00378.\1\ Consistent with the decision of the United States 
Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. 
United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified 
by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 
(Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying 
the public that the final judgment in this case is not in harmony with 
the Department's AR 3 Final Results \2\ and is amending the final 
results with respect to the margins assigned to Guandong Yihua Timber 
Industry Co., Ltd. (``Yihua Timber'') for the period of review 
(``POR'') January 1, 2007 through December 31, 2007.
---------------------------------------------------------------------------

    \1\ See Final Results of Redetermination Pursuant to Fourth 
Remand, Court No. 09-00378, dated October 16, 2014, available at: 
http://enforcement.trade.gov/remands/index.html (``WBF Final 
Remand'').
    \2\ See Final Results of Antidumping Duty Administrative Review 
and New Shipper Reviews: Wooden Bedroom Furniture From the People's 
Republic of China, 74 FR 41374 (August 17, 2009), as amended by 
Amended Final Results of Antidumping Duty Administrative Review and 
New Shipper Reviews: Wooden Bedroom Furniture From the People's 
Republic of China, 74 FR 55810 (October 29, 2009) (collectively, 
``AR 3 Final Results'').

---------------------------------------------------------------------------
DATES: Effective Date: November 7, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4474.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the AR 3 
Final Results, various plaintiffs filed complaints with the CIT to 
challenge certain aspects of the AR 3 Final Results of the Department's 
third administrative review of the antidumping duty order on wooden 
bedroom furniture from the People's Republic of China.
    In Lifestyle Enterprise, Inc. v. United States, 768 F. Supp. 2d 
1286 (Ct. Int'l Trade 2011), the CIT remanded the case to the 
Department to ``explain or otherwise resolve'' Orient International 
Holding Shanghai Foreign Trade Co. Ltd.'s (``Orient'') separate rate, 
the data set for wood inputs, the tariff heading for medium density 
fiberboard, whether Global Classic Designs, Inc, and Diretso Design 
Furnitures, Inc. produce comparable merchandise through a comparable 
production process, surrogate labor value, and negative export pricing.
    In Lifestyle Enterprise, Inc. v. United States, 844 F. Supp. 2d 
1283 (Ct. Int'l Trade 2012), the CIT remanded the case to the 
Department to re-determine Orient's AFA rate and to re-open the record 
to gather more evidence with respect to wood inputs, or to use the 
volume-based data set to value wood inputs.
    In Lifestyle Enterprise, Inc. v. United States, 865 F. Supp. 2d 
1284 (Ct. Int'l Trade 2012), the CIT remanded the issue of Orient's AFA 
rate to the Department for reconsideration for a second time.
    In Lifestyle Enterprise, Inc. v. United States, 751 F.3d 1371 (Fed. 
Cir. 2014), the CAFC reversed the CIT's decision to require the use of 
volume-based data in valuing the lumber inputs, and remanded the issue 
to the Department for further proceedings consistent with its opinion.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (the ``Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's October 28, 2014, 
judgment sustaining the WBF Final Remand constitutes a final decision 
of that court that is not in harmony with the AR 3 Final Results. This 
notice is published in fulfillment of the publication requirements of 
Timken.

Amended Final Results

    Because there is now a final court decision with respect to the AR 
3 Final Results, the revised weighted-average dumping margin for the 
period January 1, 2007 through December 31, 2007, for Yihua Timber is 
21.53 percent. The

[[Page 68411]]

revised AFA rate assigned to Orient for the period January 1, 2007 
through December 31, 2007, is 83.55 percent. Accordingly, the 
Department will continue the suspension of liquidation of the subject 
merchandise exported by Yihua Timber pending the expiration of the 
period of appeal or, if appealed, pending a final and conclusive court 
decision. In the event the Court's ruling is not appealed, or if 
appealed and upheld by the Supreme Court, the Department will instruct 
U.S. Customs and Border Protection to assess antidumping duties on 
entries during the POR of the subject merchandise exported by the Yihua 
Timber using the revised assessment rates calculated by the Department 
in the WBF Final Remand.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: November 7, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-27157 Filed 11-14-14; 8:45 am]
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