• Effective Date: Mar 10, 2016
  • Cite as: 81 FR 14086 • Cite date: Mar 16, 2016

1. On 02/29/2016, the United States Court of International Trade (CIT) sustained the Final Redetermination issued by Commerce pursuant to Ethan Allen Operations, Inc. v. United States (CIT No. 14-00147, Slip Op. 16-19). As a result, on March 16, 2016, Commerce published in the Federal Register (81 FR 14086) the Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision with an effective date of 03/10/2016.

2. As a result of the CIT's decision, Commerce has determined that the four chests from the People's Republic of China (PRC) imported by Ethan Allen Operations, Inc. (Ethan Allen) described below in paragraph 3 are outside of the scope of the antidumping duty order on wooden bedroom furniture from the PRC. However, CBP is directed to suspend or continue to suspend liquidation of entries of the four chests from the PRC imported by Ethan Allen described below in paragraph 3 entered, or withdrawn from warehouse, for consumption on or after 03/10/2016 until expiration of the period to appeal the CIT's decision, or if appealed, until a final and conclusive court decision.

3. As a result of the CIT's decision, a cash deposit rate of zero is applicable to entries of Marlene, Nadine, Serpentine, and Vivica chests from the PRC imported by Ethan Allen, entered, or withdrawn from warehouse, for consumption on or after 03/10/2016.

4. Because the revised cash deposit rate is to be applied retroactively to entries made on or after 03/10/2016, Commerce will issue instructions for granting a refund on any over collection of cash deposits in a separate message.

5. These cash deposit requirements will remain in effect until further notice.

6. Do not liquidate any entries of the merchandise covered by paragraph 3 above until specific liquidation instructions are issued.

7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIV: CL.)

8. There are no restrictions on the release of this information.

Alexander Amdur