International Trade Administration April 14, 2010 – Federal Register Recent Federal Regulation Documents

On December 1, 2009, the Department of Commerce (``Department'') initiated a sunset review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC''). On the basis of a notice of intent to participate and an adequate substantive response from domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited (120-day) sunset review. As a result of the sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins likely to prevail if the order were revoked are included in the Final Results of Review section of this notice.

On November 18, 2008, the Court of International Trade (``CIT'') affirmed the Department's remand determination and entered judgment in Shanghai Eswell Enteprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. v. United States, Court 2008 Ct. Intl. Trade LEXIS 123 (November 18, 2008) (``Shanghai Eswell II''), which challenged certain aspects of the Department of Commerce's (``the Department'') findings in Honey from the People's Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 38873 (July 6, 2005) (``Final Results'') and the accompanying Issues and Decision Memorandum. Additionally, on appeal, on November 5, 2009, the Court of Appeals for the Federal Circuit (``CAFC'') affirmed the CIT's ruling in Eswell II. See Shanghai Eswell Enterprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. v. United States, 2009 U.S. App. LEXIS 24374 (Fed. Cir. Nov. 5, 2009) (``Shanghai Eswell III''). As explained below, in accordance with the order contained in the CIT's November 18, 2008 judgement, Shanghai Eswell II, the Department is amending the Final Results of the review to apply the recalculated surrogate financial ratios in the Department's normal value calculation.