Guangzhou Maria Yee Furnishings, Ltd. v. United States, No. 05-00065 (Ct. Int'l Trade 2006)

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Slip Op. 06-44 UNITED STATES COURT OF INTERNATIONAL TRADE - - - - - - - - - - - - - - - ---x : GUANGZHOU MARIA YEE FURNISHINGS, : LTD., et al. : Plaintiffs, : : : v. : : UNITED STATES, : : Defendant, : : AMERICAN FURNITURE : MANUFACTURERS COMMITTEE FOR : FAIR TRADE, et al. : : Defendant-Intervenors. : - - - - - - - - - - - - - - - ---x Before: Pogue, Judge Court No. 05-00065 JUDGMENT In Wooden Bedroom Furniture from the People s Republic of China, 69 Fed. Reg. 67,313 (Dep t Commerce Nov. 17, 2004) (notice of final determination of sales at less than fair market value and antidumping duty order) and its corresponding Issues & Decision Memorandum dated November 4, 2004, the Department of Commerce ( Commerce ) rejected as untimely certain submissions from Guangzhou Maria Yee Furnishings, Ltd., Pyla HK Ltd., and Maria Yee Inc. (collectively Maria Yee ) and, therefore, assessed Maria Yee the People s Republic of China ( PRC )-wide cash deposit rate of 198.08%. Maria Yee timely appealed that determination averring that it was improperly denied the separate rate of 6.65%. On December 14, 2005, this court found unlawful Commerce s assessment of the PRC-wide cash deposit rate, based upon Commerce s unreasonable reliance on notice to be provided through the Chinese Ministry of Commerce ( MOFCOM ), and remanded the issue to Commerce for reconsideration. Guangzhou Maria Yee Furnishings, Ltd. v. United States, 29 CIT __, Slip Op. 2005-158 (2005). Pursuant to that remand order, Commerce issued a remand determination on March 1, 2006, in which it considered Maria Yee s evidence. Commerce determined that Maria Yee did qualify for separate-rate treatment, in accordance with the court s decision, and specifically was qualified for the 6.65% separate rate. 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 March 1, 2006 are affirmed in their entirety. /s/ Donald C. Pogue, Judge Dated: April 5, 2006 New York, New York

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