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, 4870-4871 [2015-01728]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Pages 4870-4871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01728]


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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 January 14, 2015, the United States Court of International 
Trade (``CIT'') issued its final judgment in Dongguan Sunrise Furniture 
Co. Ltd., et al. v. United States Consol. Court No. 10-00254 \1\ and 
sustained the Department of Commerce's (``the Department'') final 
results of redetermination pursuant to the fourth remand of the 2008 
administrative review of the antidumping duty order on wooden bedroom 
furniture from the People's Republic of China.\2\ 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 Final 
Results \3\ and is amending its Final Results with regard to the 
calculation of the weighted average margin applied to the mandatory 
respondent, Dongguan Sunrise Furniture Co., Ltd., Taicang Sunrise Wood 
Industry Co., Ltd., Taicang Fairmont Designs Furniture Co., Ltd., and 
Meizhou Sunrise Furniture Co., Ltd. (collectively ``Fairmont'') and two 
separate rate respondents: Langfang Tiancheng Furniture Co., Ltd. and 
Longrange Furniture Co., Ltd.
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    \1\ See Dongguan Sunrise Furniture Co. v. United States, Consol. 
Court No. 10-00254, Slip Op. 15-03 (January 14, 2015) (``Dongguan 
Sunrise V'').
    \2\ See Final Results of Fourth Redetermination Pursuant to 
Court Order, Court No. 10-00254, dated October 8, 2014 (``Remand 
Results IV'').
    \3\ See Wooden Bedroom Furniture From the People's Republic of 
China: Final Results and Final Rescission in Part, 75 FR 50992 
(August 18, 2010) (``Final Results'').

DATES: Effective Date: January 24, 2015.

[[Page 4871]]


FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance--International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
2769.

SUPPLEMENTARY INFORMATION:

Background

    On October 8, 2014, the Department filed its Remand Results IV, in 
which the Department assigned partial adverse facts available rates to 
sales of four product types of wooden bedroom furniture that Fairmont 
failed to report to the Department, revised the weighted-average 
dumping margin calculated for Fairmont, and assigned this rate as a 
separate rate to Langfang Tiancheng Furniture Co., Ltd. and Longrange 
Furniture Co., Ltd. On January 14, 2015, the Court sustained the 
Department's Remand Results IV.\4\
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    \4\ See Dongguan Sunrise V.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC has 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 January 14, 2015 
judgment sustaining the rates that the Department applied as partial 
facts available constitutes a final decision of that court that is not 
in harmony with the Department's Final Results. This notice is 
published in fulfillment of the publication requirements of Timken. 
Accordingly, the Department will continue the suspension of liquidation 
of the subject merchandise pending the expiration of the period of 
appeal, or if appealed, pending a final and conclusive court decision.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending its Final Results with respect to 
Fairmont's weighted-average dumping margin for the period January 1, 
2008 through December 31, 2008. In addition, the Department is amending 
its Final Results with respect to Langfang Tiancheng Furniture Co., 
Ltd. and Longrange Furniture Co., Ltd., the separate rate respondents 
included in this final court decision. The remaining weighted-average 
dumping margins from the Final Results remain unchanged.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                 Manufacturer/ exporter                       dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Dongguan Sunrise Furniture Co., Ltd., Taicang Sunrise...           41.30
Wood Industry Co., Ltd., Taicang Fairmont Designs.......  ..............
Furniture Co., Ltd., and Meizhou Sunrise Furniture Co.,   ..............
 Ltd....................................................
Langfang Tiancheng Furniture Co., Ltd...................           41.30
Longrange Furniture Co., Ltd............................           41.30
------------------------------------------------------------------------

    In the event the CIT's ruling is not appealed or, if appealed, 
upheld by the CAFC, the Department will instruct CBP to assess 
antidumping duties on entries during the POR of subject merchandise 
from the manufacturers/exporters identified above based on the revised 
assessment rates calculated by the Department.
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: January 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-01728 Filed 1-28-15; 8:45 am]
BILLING CODE 3510-DS-P