80 FR 28581 - 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 Second Amended Final Results of Administrative Review Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 96 (May 19, 2015)
International Trade Administration
Federal Register Volume 80, Issue 96 (May 19, 2015)
| Page Range | 28581-28582 | |
| FR Document | 2015-12084 |
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)] [Notices] [Pages 28581-28582] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12084] ----------------------------------------------------------------------- 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 Second Amended Final Results of Administrative Review Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 21, 2015, the United States Court of International Trade (``CIT'') issued its final judgment in Home Meridian Int'l, Inc. v. United States, Consol. Court No. 11-00325,\1\ and sustained the Department of Commerce's (``the Department'') third remand redetermination.\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 Amended Final Results.\3\ The Department is amending its Amended Final Results with regard to the calculation of the weighted average dumping margin applied to the mandatory respondent, Dalian Huafeng Furniture Group Co., Ltd. (``Huafeng''), and the two separate rate respondents included in this decision: Nanhai Baiyi Woodwork Co. Ltd. (``Nanhai'') and Dongguan Liaobushangdun Huada Furniture Factory and Great Rich (HK) Enterprise Co., Ltd. (``Dongguan''). --------------------------------------------------------------------------- \1\ See Home Meridian Int'l, Inc. v. United States, Consol. Court No. 11-00325, Slip Op. 15-34 (April 21, 2015) (``Home Meridian III''). \2\ See Final Results of Third Redetermination Pursuant to Court Order,'' Court No. 14-1251, (March 27, 2015) (``Remand Redetermination III'') available at http://enforcement.trade.gov/remands/cafc-1415-1251.pdf. \3\ See 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, 78 FR 72862 (December 4, 2013) (``Amended Final Results''). --------------------------------------------------------------------------- DATES: Effective Date: May 1, 2015. FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, 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- 0989. SUPPLEMENTARY INFORMATION: Background In the Final Results, the Department valued certain wood inputs used by the respondent, Huafeng, with surrogate values and used Insular Rattan and Native Products Corporation's (``Insular Rattan'') 2009 financial statements, among others, to calculate surrogate financial ratios.\4\ The CIT twice remanded issues involving the Final Results to the Department, and, in its second redetermination, the Department valued certain wood inputs used by Huafeng with market economy purchase prices and revised the calculation of the surrogate financial ratios by excluding Insular Rattan's financial statements from the calculation.\5\ On November 14, 2013, the CIT sustained the final results of the Department's second redetermination and, in accordance with Timken, the Department published a notice of Amended Final Results.\6\ The American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc. appealed the valuation of wood inputs, but not the issue of excluding Insular Rattan's financial statements, to the CAFC. On December 1, 2014, the CAFC reversed the CIT's decision and vacated the Department's redetermination results in which it used market economy purchase prices, rather than surrogate values, to value certain of Huafeng's wood inputs. The CAFC directed the CIT to reinstate the Department's wood valuation in the first redetermination (using surrogate values for Huafeng's wood inputs). On January 28, 2015, the CIT ordered the Department to file a redetermination with the Court in which it continued to exclude Insular Rattan's financial statements from its calculations and reinstated the wood valuation from the first redetermination. Pursuant to the CIT's order, the Department filed the final results of its third redetermination with the CIT on March 27, 2015 in which it valued Huafeng's wood inputs using surrogate values and continued to exclude Insular Rattan's financial statements from its calculations.\7\ On April 21, 2015, the CIT sustained the Department's Remand Redetermination III.\8\ --------------------------------------------------------------------------- \4\ See Wooden Bedroom Furniture from the People's Republic of China: Final Results and Final Rescission in Part, 76 FR 49729 (Aug. 11, 2011) (``Final Results''). \5\ See Second Redetermination Pursuant to Court Order, Court No. 11-00325, dated August 26, 2013 (``Remand Redetermination II''). \6\ See Amended Final Results. \7\ See Remand Redetermination III. \8\ See Home Meridian III. --------------------------------------------------------------------------- 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 April 21, 2015, judgment sustaining the Department's Remand Redetermination III in which it valued certain wood inputs using surrogate values, rather than market economy purchase prices, constitutes a final decision of that court that is not in harmony with the Department's Amended 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 Amended Final Results with respect to Huafeng's weighted-average dumping margin for the period January 1, 2009 through December 31, 2009. In addition, the Department has amended the Amended Final Results for Nanhai and Dongguan, the separate rate respondents included in this final court decision. The remaining weighted-average dumping margins from the Final Results, as subsequently amended,\9\ remain unchanged. --------------------------------------------------------------------------- \9\ See Wooden Bedroom Furniture From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 76 FR 57713 (September 16, 2011). ------------------------------------------------------------------------ Weighted-average Manufacturer/exporter dumping margin (percent) ------------------------------------------------------------------------ Dalian Huafeng Furniture Group Co., Ltd.............. 45.83 [[Page 28582]] Nanhai Baiyi Woodwork Co. Ltd........................ 45.83 Dongguan Liaobushangdun Huada Furniture Factory...... 45.83 Great Rich (HK) Enterprise Co., Ltd.................. ------------------------------------------------------------------------ In the event the CIT's ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct CBP to liquidate entries of subject merchandise 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: May 11, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-12084 Filed 5-18-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices 28581
within 30 days of publication of this Woodwork Co. Ltd. (‘‘Nanhai’’) and reinstated the wood valuation from the
notice to OIRA_Submission@ Dongguan Liaobushangdun Huada first redetermination. Pursuant to the
omb.eop.gov or fax to (202)395–5806. Furniture Factory and Great Rich (HK) CIT’s order, the Department filed the
Dated: May 13, 2015. Enterprise Co., Ltd. (‘‘Dongguan’’). final results of its third redetermination
Glenna Mickelson, DATES: Effective Date: May 1, 2015. with the CIT on March 27, 2015 in
which it valued Huafeng’s wood inputs
Management Analyst, Office of the Chief FOR FURTHER INFORMATION CONTACT:
Information Officer. using surrogate values and continued to
Patrick O’Connor, AD/CVD Operations,
exclude Insular Rattan’s financial
[FR Doc. 2015–11979 Filed 5–18–15; 8:45 am] Office IV, Enforcement and
statements from its calculations.7 On
BILLING CODE 3510–07–P Compliance—International Trade
April 21, 2015, the CIT sustained the
Administration, U.S. Department of
Department’s Remand Redetermination
Commerce, 14th Street and Constitution
DEPARTMENT OF COMMERCE III.8
Avenue NW., Washington, DC, 20230;
telephone (202) 482–0989. Timken Notice
International Trade Administration
SUPPLEMENTARY INFORMATION: In its decision in Timken, 893 F.2d at
[A–570–890] 341, as clarified by Diamond Sawblades,
Background
the CAFC held that, pursuant to section
Wooden Bedroom Furniture From the In the Final Results, the Department 516A(e) of the Tariff Act of 1930, as
People’s Republic of China: Notice of valued certain wood inputs used by the amended (‘‘the Act’’), the Department
Court Decision Not in Harmony With respondent, Huafeng, with surrogate must publish a notice of a court
Final Results of Administrative Review values and used Insular Rattan and decision that is not ‘‘in harmony’’ with
and Notice of Second Amended Final Native Products Corporation’s (‘‘Insular a Department determination and must
Results of Administrative Review Rattan’’) 2009 financial statements, suspend liquidation of entries pending
Pursuant to Court Decision among others, to calculate surrogate a ‘‘conclusive’’ court decision. The CIT’s
AGENCY: Enforcement and Compliance, financial ratios.4 The CIT twice April 21, 2015, judgment sustaining the
International Trade Administration, remanded issues involving the Final Department’s Remand Redetermination
Department of Commerce. Results to the Department, and, in its III in which it valued certain wood
SUMMARY: On April 21, 2015, the United second redetermination, the Department inputs using surrogate values, rather
States Court of International Trade valued certain wood inputs used by than market economy purchase prices,
(‘‘CIT’’) issued its final judgment in Huafeng with market economy purchase constitutes a final decision of that court
Home Meridian Int’l, Inc. v. United prices and revised the calculation of the that is not in harmony with the
States, Consol. Court No. 11–00325,1 surrogate financial ratios by excluding Department’s Amended Final Results.
and sustained the Department of Insular Rattan’s financial statements This notice is published in fulfillment
Commerce’s (‘‘the Department’’) third from the calculation.5 On November 14, of the publication requirements of
remand redetermination.2 Consistent 2013, the CIT sustained the final results Timken. Accordingly, the Department
with the decision of the United States of the Department’s second will continue the suspension of
Court of Appeals for the Federal Circuit redetermination and, in accordance liquidation of the subject merchandise
(‘‘CAFC’’) in Timken Co. v. United with Timken, the Department published pending the expiration of the period of
States, 893 F.2d 337 (Fed. Cir. 1990) a notice of Amended Final Results.6 The appeal, or if appealed, pending a final
(‘‘Timken’’), as clarified by Diamond American Furniture Manufacturers and conclusive court decision.
Sawblades Mfrs. Coalition v. United Committee for Legal Trade and Amended Final Results
States, 626 F.3d 1374 (Fed. Cir. 2010) Vaughan-Bassett Furniture Company,
Inc. appealed the valuation of wood Because there is now a final court
(‘‘Diamond Sawblades’’), the decision with respect to this case, the
Department is notifying the public that inputs, but not the issue of excluding
Insular Rattan’s financial statements, to Department is amending its Amended
the final judgment in this case is not in Final Results with respect to Huafeng’s
harmony with the Department’s the CAFC. On December 1, 2014, the
CAFC reversed the CIT’s decision and weighted-average dumping margin for
Amended Final Results.3 The the period January 1, 2009 through
Department is amending its Amended vacated the Department’s
redetermination results in which it used December 31, 2009. In addition, the
Final Results with regard to the Department has amended the Amended
calculation of the weighted average market economy purchase prices, rather
than surrogate values, to value certain of Final Results for Nanhai and Dongguan,
dumping margin applied to the the separate rate respondents included
mandatory respondent, Dalian Huafeng Huafeng’s wood inputs. The CAFC
directed the CIT to reinstate the in this final court decision. The
Furniture Group Co., Ltd. (‘‘Huafeng’’), remaining weighted-average dumping
and the two separate rate respondents Department’s wood valuation in the first
redetermination (using surrogate values margins from the Final Results, as
included in this decision: Nanhai Baiyi subsequently amended,9 remain
for Huafeng’s wood inputs). On January
28, 2015, the CIT ordered the unchanged.
1 See Home Meridian Int’l, Inc. v. United States,
Consol. Court No. 11–00325, Slip Op. 15–34 (April Department to file a redetermination
Weighted-average
21, 2015) (‘‘Home Meridian III’’). with the Court in which it continued to Manufacturer/exporter dumping margin
2 See Final Results of Third Redetermination
exclude Insular Rattan’s financial (percent)
Pursuant to Court Order,’’ Court No. 14–1251,
(March 27, 2015) (‘‘Remand Redetermination III’’)
statements from its calculations and
Dalian Huafeng Furniture
available at http://enforcement.trade.gov/remands/
tkelley on DSK3SPTVN1PROD with NOTICES
cafc-1415-1251.pdf. 4 See Wooden Bedroom Furniture from the Group Co., Ltd ............ 45.83
3 See Wooden Bedroom Furniture From the People’s Republic of China: Final Results and Final
People’s Republic of China: Notice of Court Rescission in Part, 76 FR 49729 (Aug. 11, 2011) 7 See Remand Redetermination III.
Decision Not in Harmony With Final Results of (‘‘Final Results’’). 8 See Home Meridian III.
5 See Second Redetermination Pursuant to Court
Administrative Review and Notice of Amended 9 See Wooden Bedroom Furniture From the
Final Results of Administrative Review Pursuant to Order, Court No. 11–00325, dated August 26, 2013 People’s Republic of China: Amended Final Results
Court Decision, 78 FR 72862 (December 4, 2013) (‘‘Remand Redetermination II’’). of Antidumping Duty Administrative Review, 76 FR
(‘‘Amended Final Results’’). 6 See Amended Final Results. 57713 (September 16, 2011).
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![28582 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices
Weighted-average Office of Protected Resources, National harassment of marine mammals. Within
Manufacturer/exporter dumping margin Marine Fisheries Service, 1315 East- 45 days of the close of the comment
(percent) West Highway, Silver Spring, MD period, NMFS must either issue or deny
20910. A copy of the application the authorization.
Nanhai Baiyi Woodwork
containing a list of the references used
Co. Ltd ........................ 45.83 Summary of Request
Dongguan in this document, NMFS’
Liaobushangdun Environmental Assessment (EA), On April 1, 2014, WSDOT submitted
Huada Furniture Fac- Finding of No Significant Impact a request to NOAA requesting an IHA
tory .............................. 45.83 (FONSI), and the IHA may be obtained for the possible harassment of small
Great Rich (HK) Enter- by writing to the address specified numbers of 11 marine mammal species
prise Co., Ltd. above or visiting the Internet at: incidental to construction associated
http://www.nmfs.noaa.gov/pr/permits/ with the Anacortes Tie-up Slips
In the event the CIT’s ruling is not incidental/. Documents cited in this Dolphin and Wingwall Replacement in
appealed or, if appealed, upheld by the notice may be viewed, by appointment, the city of Anacortes, on Fidalgo Island,
CAFC, the Department will instruct CBP during regular business hours, at the adjacent to Guemes Channel, Skagit
to liquidate entries of subject aforementioned address. County, Washington, between
merchandise based on the revised FOR FURTHER INFORMATION CONTACT: September 1, 2015, and February 15,
assessment rates calculated by the Shane Guan, Office of Protected 2016. NMFS determined that the IHA
Department. Resources, NMFS, (301) 427–8401. application was complete on July 1,
This notice is issued and published in 2014.
SUPPLEMENTARY INFORMATION:
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act. Background Description of the Specified Activity
Dated: May 11, 2015. Sections 101(a)(5)(A) and (D) of the A detailed description of the
Paul Piquado, MMPA (16 U.S.C. 1361 et seq.) direct WSDOT’s Anacortes tie-up slips
Assistant Secretary for Enforcement and the Secretary of Commerce to allow, dolphin and wingwall project is
Compliance. upon request, the incidental, but not provided in the Federal Register notice
[FR Doc. 2015–12084 Filed 5–18–15; 8:45 am] intentional, taking of small numbers of for the proposed IHA (80 FR 11648;
BILLING CODE 3510–DS–P marine mammals by U.S. citizens who March 4, 2015). Since that time, no
engage in a specified activity (other than changes have been made to the
commercial fishing) within a specified proposed construction activities.
DEPARTMENT OF COMMERCE geographical region if certain findings Therefore, a detailed description is not
are made and either regulations are provided here. Please refer to that
National Oceanic and Atmospheric issued or, if the taking is limited to Federal Register notice for the
Administration harassment, a notice of a proposed description of the specific activity.
RIN 0648–XD741 authorization is provided to the public Comments and Responses
for review.
Taking of Marine Mammals Incidental An authorization for incidental A notice of NMFS’ proposal to issue
to Specified Activities; Anacortes Tie- takings shall be granted if NMFS finds an IHA to WSDOT was published in the
Up Slips Dolphin and Wingwall that the taking will have a negligible Federal Register on March 4, 2015. That
Replacement impact on the species or stock(s), will notice described, in detail, WSDOT’s
not have an unmitigable adverse impact activity, the marine mammal species
AGENCY: National Marine Fisheries on the availability of the species or that may be affected by the activity, and
Service (NMFS), National Oceanic and stock(s) for subsistence uses (where the anticipated effects on marine
Atmospheric Administration (NOAA), relevant), and if the permissible mammals. During the 30-day public
Commerce. methods of taking and requirements comment period, NMFS received
ACTION: Notice; issuance of an incidental pertaining to the mitigation, monitoring comments from the Marine Mammal
take authorization. and reporting of such takings are set Commission (Commission). Specific
forth. NMFS has defined ‘‘negligible comments and responses are provided
SUMMARY: In accordance with the below.
impact’’ in 50 CFR 216.103 as ‘‘. . . an
Marine Mammal Protection Act Comment 1: The Commission notes
impact resulting from the specified
(MMPA) regulations, notification is that the construction would be
activity that cannot be reasonably
hereby given that NMFS has issued an conducted in December and January,
expected to, and is not reasonably likely
Incidental Harassment Authorization however, WSDOT’s ambient noise
to, adversely affect the species or stock
(IHA) to the Washington State measurements were conducted in March
through effects on annual rates of
Department of Transportation (WSDOT) and showed that median ambient noise
recruitment or survival.’’
to take, by harassment, small numbers Section 101(a)(5)(D) of the MMPA level at the proposed construction area
of 11 species of marine mammals established an expedited process by is 123 dB re 1 mPa. The Commission
incidental to construction activities for which citizens of the U.S. can apply for states that the ambient noise levels
a tie-up slips dolphin and wingwall a one-year authorization to incidentally would be lower in winter (December
replacement project in Anacortes, take small numbers of marine mammals and January) than those were collected
Washington State, between September by harassment, provided that there is no in March when vessel traffic is greater.
1, 2015, and August 31, 2016.
tkelley on DSK3SPTVN1PROD with NOTICES
potential for serious injury or mortality Therefore, the Commission recommends
DATES: Effective September 1, 2015, to result from the activity. Section that NMFS either (1) require WSDOT to
through August 31, 2016. 101(a)(5)(D) establishes a 45-day time measure ambient sound levels during
ADDRESSES: Requests for information on limit for NMFS review of an application winter and adjust the Level B
the incidental take authorization should followed by a 30-day public notice and harassment zones accordingly or (2)
be addressed to Jolie Harrison, Chief, comment period on any proposed base the Level B harassment zones on
Permits and Conservation Division, authorizations for the incidental the 120-dB re 1 mPa threshold and adjust
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Document Created: 2015-12-15 15:30:16
Document Modified: 2015-12-15 15:30:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Patrick O'Connor, 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- 0989. | |
| FR Citation | 80 FR 28581 |
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