Decca Hospitality Furnishings, LLC v. United States, No. 05-00002 (Ct. Int'l Trade 2005)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 23, 2005.
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SLIP OP 05-161 UNITED STATES COURT OF INTERNATIONAL TRADE - - - - - - - - - - - - - - - -x DECCA HOSPITALITY FURNISHINGS, : LLC, : Plaintiff, : : MARIA YEE INC., ET AL., : : Plaintiff-Intervenors, : : v. : : UNITED STATES, : : Defendant, : : AMERICAN FURNITURE : MANUFACTURERS COMMITTEE FOR : FAIR TRADE, ET AL., : : Defendant-Intervenors. : - - - - - - - - - - - - - - - -X Before: Pogue, Judge Court No. 05-00002 JUDGMENT In Wooden Bedroom Furniture from China, 70 Fed. Reg. 329, 330 (Dep t Commerce Jan. 4, 2005) (notice of amended final determination of sales at less than fair market value and antidumping duty order) the Department of Commerce ( Commerce ) rejected as untimely certain submissions from Decca Hospitality Furnishings, LLC ( Decca ) and, therefore, assessed Decca the People s Republic of China ( PRC )-wide cash deposit rate of 198.08%. Decca timely appealed that determination averring that it was improperly denied the separate rate of 6.65%. On August 23, 2005, this court found unlawful Commerce s assessment of the PRCwide cash deposit rate and remanded to Commerce the question of whether Decca had received actual notice of the separate-rate filing requirements, and if it had not, to consider whether Decca was entitled to a separate rate. Decca Hospitality Furnishings, LLC v. United States, 29 CIT __, __, 391 F. Supp. 2d 1298, 1317 (2005). Pursuant to that remand order, Commerce issued a remand determination on November 7, 2005 finding that Decca had not received actual notice of the filing requirements and, therefore, Decca did qualify for separate-rate treatment in accordance with the court s decision. This court, having received and reviewed Commerce s Remand Results, comments and rebuttals thereto, finds that Commerce duly complied with the court s remand order. Therefore, it is hereby ORDERED that the Department of Commerce s remand determination is supported by substantial evidence, and otherwise in accordance with law; and it is further ORDERED that the Remand Results filed by Commerce on November 7, 2005 are affirmed in their entirety. /s/ Donald C. Pogue Donald C. Pogue, Judge Dated: December 20, 2005 New York, New York
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