[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72788-72789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29825]
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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 Pursuant to a Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 17, 2010, the United States Court of
International Trade (the ``Court'' or ``CIT'') sustained the U.S.
Department of Commerce's (the ``Department's'') final results of
redetermination pursuant to remand, wherein the Department determined
to rescind the administrative review (``AR'') with respect to Dongguan
Bon Ten Furniture Co., Ltd. (``Bon Ten'') pursuant to 19 CFR 351.214(j)
and 19 CFR 351.213(d)(3).\1\ The period of review (``POR'') is January
1, 2007, through December 31, 2007. As the Court's decision is now
final and conclusive, the Department is amending the final results of
the 2007 AR of wooden bedroom furniture (``WBF'') from the People's
Republic of China (``PRC'') to reflect the Department's redetermination
to rescind the AR with respect to Bon Ten.\2\
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\1\ See Dongguan Bon Ten Furniture Co., Ltd. v. United States,
Court No. 09-00396: Final Results of Redetermination Pursuant To
Remand, dated August 9, 2010 (``Remand Results''); see also Dongguan
Bon Ten Furniture Co., Ltd. v. United States, Slip Op. 2010-106
(September 17, 2010) (``Bon Ten v. United States'').
\2\ See Wooden Bedroom Furniture from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
New Shipper Reviews, 74 FR 41374 (August 17, 2009) (``Final
Results''), and accompanying Issues and Decision Memorandum, as
amended by Wooden Bedroom Furniture From the People's Republic of
China: Amended Final Results of Antidumping Duty Administrative
Review and New Shipper Reviews, 74 FR 55810 (October 29, 2009)
(``Amended Final Results'').
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DATES: Effective Date: November 26, 2010.
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 17, 2009, the Department published its Final Results. In
response to Bon Ten's arguments in its administrative case brief, the
Department determined not to rescind the AR with respect to Bon Ten
because Bon Ten had not demonstrated that it had no shipments during
the 2007 AR POR outside of the single shipment reviewed during a new
shipper review (``NSR'') \3\ that overlapped, in part, with the 2007 AR
POR.\4\ Additionally, because Bon Ten had not demonstrated its
eligibility for a separate rate in the 2007 AR, the Department
maintained its determination to treat Bon Ten as part of the PRC-wide
entity.\5\
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\3\ See Wooden Bedroom Furniture from the People's Republic of
China: Final Results of Fourth New Shipper Reviews, 73 FR 64916
(October 31, 2008) (``NSR Final Results'').
\4\ See Final Results at Comment 29.
\5\ See id.
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On August 14, 2009, Bon Ten submitted comments alleging that the
Department made a ministerial error with respect to the Final Results.
Bon Ten's ministerial error allegation focused on the Department's
finding in the Final Results that Bon Ten had not provided any
assertion prior to the submission of its case brief that it had no
shipments during the 2007 AR POR outside of the shipment reviewed in
the context of the NSR. Bon Ten argued that the Department did not
consider its February 5, 2009, submission concerning its shipments
during the 2007 AR POR in that finding.
In the Amended Final Results, the Department determined that,
although it had inadvertently overlooked Bon Ten's February 5, 2009,
submission for purposes of the Final Results, Bon Ten's allegation did
not reflect a ministerial error. The Department reasoned that
[[Page 72789]]
Bon Ten's allegation required reconsideration of a methodological
issue, namely whether the review should be rescinded with respect to
Bon Ten based upon its February 5, 2009, submission. Accordingly, the
Department continued to treat Bon Ten as part of the PRC-wide entity
for the AR in the Amended Final Results. However, the Department
clarified that Bon Ten lost the separate rate status it was granted
during the NSR starting on August 1, 2007, which is the first day of
the administrative review that did not overlap with Bon Ten's NSR POR
(i.e., January 1, 2007, through July 31, 2007).\6\
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\6\ See Amended Final Results and the Department's memorandum
entitled, ``Ministerial Error Memorandum for the Final Results of
the 2007 Administrative and New Shipper Reviews of Wooden Bedroom
Furniture from the People's Republic of China,'' dated October 7,
2009, at Issue 4.
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On October 16, 2009, Bon Ten filed a complaint with the Court
challenging the Department's determination not to rescind the AR with
respect to Bon Ten and its determination that it could not address its
failure to consider the February 5, 2009, submission as a ministerial
error. On June 7, 2010, the Department filed an unopposed motion for
voluntary remand with the Court so that the Department could fully
consider and evaluate the overlooked record evidence, prepare draft
remand results, issue a draft to the parties for comment, analyze those
comments, and take such action as may be appropriate pertaining to Bon
Ten. On June 8, 2010, the Court granted the Department's voluntary
remand motion.
On June 11, 2010, the Department issued a supplemental
questionnaire to Bon Ten, in which the Department provided Bon Ten the
opportunity to submit a no-shipment certification. On June 15, 2010,
Bon Ten submitted a certification that it had no shipments of WBF
during the period August 1, 2007, through December 31, 2007, the
portion of the 2007 AR POR that was not covered by the preceding NSR
POR. On July 16, 2010, the Department released to all interested
parties for comment: (1) Our draft redetermination pursuant to the
remand finding that Bon Ten had properly submitted its no-shipment
certification and stating our intent to rescind the AR with respect to
Bon Ten; (2) a U.S. Customs and Border Protection (``CBP'') data
listing of all type 3 entries (i.e., entries subject to antidumping and
countervailing duty tariffs) classified under subheadings 7009.92.5000,
9403.50.9080, and 9403.50.9040 of the Harmonized Tariff Schedule of the
United States that entered the United States during the 2007 AR POR and
were exported/manufactured by Bon Ten; and (3) a draft version of Bon
Ten's amended final cash deposit instructions reflecting the draft
redetermination results, which the Department intends to send to CBP,
pending the expiration of the period of appeal or, if appealed, pending
a final and conclusive court decision.\7\ The Department received no
comments from interested parties on the Department's draft
redetermination results, CBP data, or the draft version of the cash
deposit instructions for Bon Ten.
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\7\ See the Department's memorandum entitled, ``2007
Administrative Review of the Antidumping Duty Order on Wooden
Bedroom Furniture from the People's Republic of China: Due Date for
Interested Parties to Submit Comments on Draft Results of
Redetermination Pursuant to Remand,'' dated July 16, 2010.
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On August 9, 2010, the Department filed with the CIT its final
remand redetermination, wherein it determined to rescind the 2007 AR
with respect to Bon Ten, pursuant to 19 CFR 351.214(j) and 19 CFR
351.213(d)(3). On September 17, 2010, the CIT sustained the final
remand redetermination. On September 27, 2010, the Department notified
the public that the Court's decision in this case was not in harmony
with the Final Results and the Amended Final Results.\8\ The deadline
to appeal the CIT's decision was November 16, 2010, 60 days after the
date the CIT sustained the final results of redetermination on remand
(i.e., September 17, 2010). 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 of the 2007 AR with respect to Bon Ten.
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\8\ See Wooden Bedroom Furniture from the People's Republic of
China: Notice of Court Decision Not in Harmony With Final Results of
Administrative Review, 75 FR 59208 (September 27, 2010).
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Amended Final Results of Review
Rescission of Administrative Review, In Part
The remand redetermination explained that, in accordance with the
CIT's instructions, the Department reconsidered the record information
with regard to Bon Ten's no-shipment certification and separate-rate
status for the 2007 AR. Based on this reconsideration, the Department
has determined that Bon Ten made no shipments of WBF during the period
August 1, 2007, through December 31, 2007, the portion of the 2007 AR
POR that was not covered by the preceding NSR POR, pursuant to 19 CFR
351.214(j) and 19 CFR 351.213(d)(3). Therefore, the Department is
amending the final results for Bon Ten, a company that was not selected
for individual review, and the Department is rescinding the 2007 AR
with respect to Bon Ten.
Cash Deposit Requirements
Pursuant to the final court decision, the Department will instruct
CBP to collect a cash-deposit rate for Bon Ten, effective upon
publication of these amended final results, based on the rate
established in the final results of Bon Ten's NSR (i.e., 0.00 percent)
until completion of any subsequent administrative review of Bon Ten.\9\
Bon Ten's cash deposit rate will remain in effect until further notice.
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\9\ See NSR Final Results.
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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 Tariff Act of 1930, as amended.
Dated: November 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29825 Filed 11-24-10; 8:45 am]
BILLING CODE 3510-DS-P