CAFC Orders Higher AD Cash Deposit Rates for Three China Wooden Bedroom Furniture Exporters

Cash deposit rates are again set to rise for three exporters of wooden bedroom furniture from China (A-570-890), after the U.S. Court of Appeals for the Federal Circuit on Dec. 1 reversed a lower court ruling (here). In its 2011 final results, the Commerce Department had assigned an AD rate of 41.75% to Dalian Huafeng Furniture Group Co., Ltd., as well as to non-individually investigated companies including Nanhai Baiyi Woodwork Co. Ltd. and Dongguan Liaobushangdun Huada Furniture Factory, Great Rich (HK) Enterprise Co., Ltd. After a Court of International Trade remand, Commerce proposed increasing the three companies’ rates to 42.17%, but CIT rejected the higher rate. Instead, CIT in November 2013 sustained a second Commerce remand redetermination that lowered the three companies’ rates to 11.79% (see 13111421). On appeal, CAFC said the lower court was incorrect to reject the first remand redetermination, and ordered CIT to reinstate the 42.17% AD rate for Huafeng, Baiyi and Huada. Because none of the three companies have since been assigned a new rate, the change will affect current AD duty cash deposit requirements.