China Wooden Bedroom Furniture: One Firm Expected to Receive Zero AD Rate
The International Trade Administration has published a "Timken"1 notice stating that a recent Court of International Trade's ruling is not in harmony with the ITA's final results of AD duty administrative review for wooden bedroom furniture from China (A-570-890).
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The CIT ruling upholds the ITA’s redetermination that Dongguan Bon Ten Furniture Co., Ltd. should be rescinded from the administrative review for the review period of August 1, 2007 through December 31, 2007.
(The review period for this administrative review was January 1 -- December 31, 2007; however, Bon Ten had already been reviewed under the final results of new shipper review for January 1 -- July 31, 2007.)
CIT Ruling Upholds ITA Redetermination to Rescind Bon Ten from Admin Review
Bon Ten was assigned an AD duty rate of 0.00% in its January 1 -- July 31, 2007 new shipper review. However, upon remand, the ITA redetermined that Bon Ten should be rescinded from the 2007 administrative review. The recent CIT ruling upholds the ITA’s redetermination; however, this is not yet in effect.
(Currently, Bon Ten is considered to be part of the China-wide entity under the administrative review, which has an estimated AD duty rate of 216.01%.)
Zero Cash Deposit Rate Would Become Effective Upon Amended Final Results
Pending the expiration of the period of appeal, or if the ruling is upheld by the Court of Appeals for the Federal Circuit (CAFC), the ITA will issue amended final results of review and instruct U.S. Customs and Border Protection to collect an estimated AD duty cash deposit rate of zero for Bon Ten until completion of any subsequent administrative review of Bon Ten. Suspension of liquidation also continues pending a final and conclusive court decision.
(Note that Bon Ten is included in the list of companies for which an administrative review has been initiated for the period January 1 -- December 31, 2009. (See ITT's Online Archives or 03/04/10 and 03/17/10 news, 10030445 and 10031755, for BP summaries of the initiation of the 2009 administrative review, and a reminder on separate rate certifications/applications.)
1Under the CAFC decision in Timken Co. v. U.S., the ITA must publish notice of a court decision that is not "in harmony" with an ITA determination, and must suspend liquidation of entries pending a "conclusive" court decision.
(See ITT’s Online Archives or 10/29/09 news, 09102950, for BP summary of the amended final results of the 2007 administrative review for Bon Ten.
See ITT’s Online Archives or 11/03/08 news, 08110325, for BP summary of the 2007 new shipper review for Bon Ten.)
ITA contact -- Frances Veith (202) 482-4295
(FR Pub 09/27/10, ITA Case No. A-570-890)