China Wooden Bedroom Furniture: Firm Receives Zero AD Rate
The International Trade Administration is amending the final results of the AD duty administrative review for wooden bedroom furniture from China (A-570-890) for the review period of January 1, 2007, through December 31, 2007.
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The ITA is rescinding Dongguan Bon Ten Furniture Co., Ltd. from the administrative review, and assigning it the zero rate from its most recent new shipper review.
CIT Ruling Upheld ITA Redetermination to Rescind Bon Ten from Admin Review
In September 2010, the ITA 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. The CIT ruling upheld the ITA’s redetermination that Dongguan Bon Ten Furniture Co., Ltd. should be rescinded from the subject administrative review.
The review period for the administrative review was January 1 -- December 31, 2007; however, Bon Ten had already been reviewed in a final results of new shipper review for January 1 -- July 31, 2007, in which it was assigned an AD duty rate of 0.00%. Upon remand, the ITA redetermined that Bon Ten should be rescinded from the 2007 administrative review.
(Under the administrative review, Bon Ten was considered to be part of the China-wide entity, which has an estimated AD duty rate of 216.01%.)
Zero Cash Deposit Rate Effective Nov 26
As the Court’s decision is now final and conclusive, the ITA will instruct U.S. Customs and Border Protection to collect an AD duty cash deposit of 0.00% for Bon Ten, effective November 26, 2010, based on the rate established in the final results of Bon Ten’s new shipper review, until completion of any subsequent administrative review of Bon Ten.
(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 09/28/10 news, 10092822, for BP summary of the ITA's "Timken" notice.
See ITT’s Online Archives or 10/29/09 news, 09102950, for BP summary 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 11/26/10, ITA Case No. A-570-890)