5818 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 

4, 2008, we initiated a cost investigation 

on December 2, 2008, and received 

Villares’s cost information on January 9, 

2009. The Department requires 

additional time to review and analyze 

Villares’s cost information. Therefore, 

we are extending the time period for 

issuing the preliminary results of this 

review by 30 days until February 28, 

2009. 

This notice is published in 

accordance with sections 751(a)(3)(A) 

and 777(i)(1) of the Act and 19 CFR 

351.213(h)(2). 

Dated: January 26, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–2184 Filed 1–30–09; 8:45 am] 

BILLING CODE 3510–DS–P 

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 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: February 2, 2009. 

SUMMARY: On January 7, 2009, the 

United States Court of International 

Trade (‘‘CIT’’ or the ‘‘Court’’) sustained 

the final remand determination made by 

the Department of Commerce 

(‘‘Department’’) pursuant to the Court’s 

remands of the amended final 

determination of the less than fair value 

investigation of wooden bedroom 

furniture (‘‘WBF’’) from the People’s 

Republic of China (‘‘PRC’’). See Final 

Results of Redetermination Pursuant to 

Court Remand, July 15, 2008 (‘‘Remand 

III’’); Dorbest Limited, et al. v. United 

States, Slip Op. 09–02 (CIT January 7, 

2009) (‘‘Dorbest III’’). This case arises 

out of the Department’s final 

determination of sales at less than fair 

value: Wooden Bedroom Furniture from 

the PRC, 69 FR 67313 (November 17, 

2004), as amended, 70 FR 329 (January 

5, 2005) (‘‘Final Determination’’). The 

final judgment in this case was not in 

harmony with the Department’s Final 

Determination. 

FOR FURTHER INFORMATION CONTACT: 

Robert Bolling, AD/CVD Operations, 

Office 8, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–3434. 

SUPPLEMENTARY INFORMATION: On 

January 5, 2005, the Department 

published its amended final 

determination and antidumping duty 

order. See Final Determination. On 

August 1, 2005, the Department issued 

its voluntary remand redetermination 

wherein it modified the value of labor. 

See Wooden Bedroom Furniture from 

the PRC: Final Results of 

Redetermination Pursuant to the Court 

Remand Orders, (August 1, 2005) 

(‘‘Remand I’’). On October 31, 2006, the 

court remanded the Department’s Final 

Determination for further administrative 

proceedings. See Dorbest Limited, et al. 

v. United States, 462 F.Supp. 2d 1262 

(CIT 2006) (‘‘Dorbest I’’). The 

Department also requested and the 

Court granted voluntary remands 

concerning the following aspects of the 

margin calculation for Rui Feng 

Woodwork Co., Ltd., Rui Feng Lumber 

Development Co., Ltd. and Dorbest 

Limited (collectively, ‘‘Dorbest’’): The 

treatment of spare parts; the elimination 

of metal parts and canopies from 

Dorbest’s calculation; and the valuation 

of raw material expenses. On May 25, 

2007, the Department issued its final 

results of redetermination. Id.; see also 

462 F.Supp 2d 1262 (CIT 2006) Final 

Results of Redetermination Pursuant to 

Court Remand, Court No. 05–00003, 

May 25, 2007 (‘‘Remand II’’). In Remand 

II, the Department, pursuant to the 

Court’s opinion and order, modified 

certain aspects of the Final 

Determination as follows: (1) Revised 

the labor rate for Dorbest; (2) 

recalculated Dorbest’s resin value; (3) 

recalculated the mirror value; (4) 

revised the selection of surrogate 

companies, by excluding Evergreen 

International Ltd. (‘‘Evergreen’’) and 

Jayaraja Furniture (‘‘Jayayraja’’) from the 

surrogate financial ratio calculations; (5) 

eliminated the spare parts discount 

adjustment to Dorbest’s U.S. price; (6) 

removed non-scope metal parts from 

Dorbest’s normal value calculation; (7) 

treated certain of Dorbest’s incoming 

raw materials as direct material costs 

rather than as a deduction from U.S. 

prices; and (8) recalculated the separate 

rate, based on the remanded 

components of the margin calculation 

challenged by the litigants. 

On February 27, 2008, the Court 

remanded the Department’s Final 

Determination for further administrative 

proceedings. See Dorbest Limited, et al. 

v. United States, Consol. Court No. 05– 

cv–00003, Slip Op. 08–24 (February 27, 

2008) (‘‘Dorbest et al. v. United States’’) 

(‘‘Dorbest II’’). The Department 

requested, and the Court granted, a 

voluntary remand on the valuation of 

Dorbest’s cardboard. Id. 

On July 15, 2008, the Department 

issued its final results of 

redetermination pursuant to Dorbest II. 

See Final Results of Redetermination 

Pursuant to Court Remand, July 15, 

2008 (‘‘Remand III’’). In Remand III, the 

Department made the following 

modifications to its Final 

Determination: (1) Recalculated 

Dorbest’s cardboard value; (2) revised 

the selection of surrogate companies by 

excluding Fusion Design Private Ltd. 

(‘‘Fusion Design’’), DnD’s Fine Furniture 

Pvt., Ltd. (‘‘DnD’’), Nizamuddin 

Furniture Private Ltd. (‘‘Nizamuddin’’), 

and Swaran Furniture Ltd. (‘‘Swaran’’) 

from the surrogate ratio calculations; 

and (3) recalculated the separate rate 

pursuant to the Court’s instructions. 

On January 7, 2009, the Court 

sustained Remand III. The revised 

antidumping duty margins are as 

follows: For Dorbest is 2.92 percent; 

Lung Dong Furniture Co., Ltd. and 

Dongguan Dong He Furniture Co., Ltd. 

is 2.71 percent; Shing Mark Enterprise 

Co., Ltd., is 5.20 percent; Starcorp, is 

17.50 percent; and the revised margin 

for the parties that received separate 

rates is 6.78 percent. 

Timken Notice 

In its decision in Timken, the Court of 

Appeals for the Federal Circuit 

(‘‘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. See 

Timken Co. v. United States, 893 F.2d 

337 (Fed. Cir. 1990) (‘‘Timken’’). The 

CIT’s decision in Dorbest III on January 

7, 2009, constitutes a final decision of 

that court that is not in harmony with 

the Department’s final determination of 

sales at less than fair value. This notice 

is published in fulfillment of the 

publication requirements of Timken. 

Accordingly, the Department will 

continue the suspension of liquidation 

of enjoined entries pending the 

exhaustion of all appellate rights. In the 

event the CIT’s ruling is not appealed, 

or if appealed, upheld by the CAFC, the 

Department will publish an amended 

final determination. 

This notice is issued and published in 

accordance with section 516A(c)(1) of 

the Act. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 5819 

Dated: January 26, 2009. 

Ronald Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–2182 Filed 1–30–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Applications for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before February 23, 

2009. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 08–054. Applicant: 

University of Wisconsin—Madison, 

Purchasing Services, 21 N. Park Street, 

Suite 6101, Madison, WI 53715–1218. 

Instrument: FEI Titan 80–200 Electron 

Microscope. Manufacturer: FEI 

Company, Czech Republic. Intended 

Use: The instrument will be used to 

measure the structure, composition and 

bonding of a wide variety of materials 

and phenomena, such as 

semiconducting and metallic glasses, 

superconductors including magnesium 

diboride, semiconductors including zinc 

oxide, geochemical reactions confined 

to natural nanopores in minerals, 

nanotubes of titanium dioxide and 

related oxides with and without loading 

of catalytic nanoparticles, and metal 

nanoparticles used as labels in cells. 

Application accepted by Commissioner 

of Customs: October 8, 2008. 

Docket Number: 08–059. Applicant: 

Emory University, 1599 Clifton Road, 

4th Floor, Atlanta, GA 30322–4250. 

Instrument: Electron Microscope, Model 

JEM–1011. Manufacturer: JEOL, Japan. 

Intended Use: The instrument will be 

used in anatomical studies to help 

students understand a disease such as 

Parkinson’s. Specifically, students will 

be able to visualize axonal tracers after 

intracerebral injection, perfusion, 

sectioning, incubations, EM processing, 

embedding, ultra-thin sectioning and 

observation at the electron microscope 

level. Application accepted by 

Commissioner of Customs: December 

16, 2008. 

Docket Number: 08–060. Applicant: 

University of Arizona, Department of 

Chemistry, 1306 E. University 

Boulevard, Tucson, AZ 85721. 

Instrument: FEI Inspect S Scanning 

Electron Microscope. Manufacturer: FEI 

Company, Czech Republic. Intended 

Use: The instrument will be used to 

characterize a wide variety of materials 

in terms of surface morphology and 

chemical composition. It will also be 

used as the base system for an electron 

beam lithography module which will be 

used to pattern and characterize nanoscale features that represent the next 

generation of molecular electronic 

devices, and as the base system for an 

Energy Dispersive Spectrometer that 

will allow the chemical mapping at the 

same resolution as the SEM images. 

Application accepted by Commissioner 

of Customs: December 16, 2008. 

Dated: January 27, 2009. 

Chris Cassel, 

Director, Statutory Import Programs Staff, 

Import Administration. 

[FR Doc. E9–2194 Filed 1–30–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: Notice 

of Final Results of Expedited Sunset 

Review of Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: February 2, 2009. 

SUMMARY: On July 1, 2008, the 

Department of Commerce 

(‘‘Department’’) initiated a sunset 

review of the antidumping duty order 

on certain frozen fish fillets (‘‘fish 

fillets’’) from the Socialist Republic of 

Vietnam (‘‘Vietnam’’). On the basis of a 

notice of intent to participate, and an 

adequate substantive response filed on 

behalf of domestic interested parties, as 

well as a lack of response from 

respondent interested parties, the 

Department conducted an expedited 

sunset review. As a result of the sunset 

review, the Department finds that 

revocation of the antidumping duty 

order would be likely to lead to 

continuation or recurrence of dumping. 

The dumping margins are identified in 

the Final Results of Review section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Renkey, AD/CVD Operations, 

Office 8, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–2312. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 1, 2008, the Department 

published the notice of initiation of the 

sunset review of the antidumping duty 

order on fish fillets from Vietnam 

pursuant to section 751(c) of the Tariff 

Act of 1930, as amended (‘‘the Act’’). 

See Initiation of Five-Year (‘‘Sunset’’) 

Review, 73 FR 37411 (July 1, 2008). On 

July 16, 2008, the Department received 

a notice of intent to participate from the 

Catfish Farmers of America (‘‘CFA’’) and 

individual U.S. catfish processors, 

America’s Catch, Consolidated Catfish 

Companies, LLC dba Country Select 

Catfish, Delta Pride Catfish, Inc., 

Harvest Select Catfish, Inc. dba Alabama 

Catfish Inc., Heartland Catfish 

Company, Magnolia Processing, Inc. dba 

Pride of the Pond, Simmons Farm 

Raised Catfish, Inc., and Southern Pride 

Catfish Company LLC (collectively, 

‘‘Petitioners’’). Submissions of the 

notices of intent to participate filed by 

Petitioners were within the deadline 

specified in section 351.218(d)(1)(i) of 

the Department’s regulations. The 

domestic interested parties claimed 

interested party status under section 

771(9)(C) and (G) of the Act as they 

comprise domestic producers of fish 

fillets in the United States and a trade 

association representative of the 

industry. On July 31, 2008, the 

Department received a substantive 

response from the domestic interested 

parties within the deadline specified in 

section 351.218(d)(3)(i) of the 

Department’s regulations. We did not 

receive responses from any respondent 

interested parties to this proceeding. As 

a result, pursuant to section 751(c)(3)(B) 

of the Act and section 

351.218(e)(1)(ii)(C)(2) of the 

Department’s regulations, the 

Department determined to conduct an 

expedited review of the order. 

Scope of the Order 

The product covered by this Order is 

frozen fish fillets, including regular, 

shank, and strip fillets and portions 

thereof, whether or not breaded or 

marinated, of the species Pangasius 

Bocourti, Pangasius Hypophthalmus 


dwashington3 on PROD1PC60 with NOTICES