Slip Op. 10-65
UNITED STATES COURT OF INTERNATIONAL TRADE
NAJARIAN FURNITURE CO., INC.,
Plaintiff,
Before: Leo M. Gordon, Judge
v.
Court No. 09-00428
UNITED STATES,
Defendant.
OPINION
[Judgment for Plaintiff.]
Dated: June 2, 2010
Arent Fox LLP (Nancy A. Noonan, Diana Dimitriuc-Quaia) for Plaintiff Najarian
Furniture Co., Inc.
Tony West, Assistant Attorney General, Jeanne E. Davidson, Director,
Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division,
U.S. Department of Justice (Stephen C. Tosini, Trial Attorney); and Office of Chief
Counsel for Import Administration, U.S. Department of Commerce (Thomas Beline,
William G. Isasi), and Office of Chief Counsel, International Trade Litigation,
U.S. Customs and Border Protection, U.S. Department of Homeland Security (Edward
N. Maurer), of counsel, for Defendant United States.
King & Spalding LLP (Joseph W. Dorn, J. Michael Taylor, Jeffrey M. Telep,
Steven R. Keener) for Defendant-Intervenors American Furniture Manufacturers
Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc.
Gordon, Judge: This case involves the final results of an administrative review of
the antidumping duty order covering Wooden Bedroom Furniture from the People’s
Republic of China: Wooden Bedroom Furniture from the People’s Republic of China,
74 Fed. Reg. 13,417 (Dep’t of Commerce Mar. 27, 2009) (second amended final results
admin. review) (“Second Amended Final Results”). 99 days after a judicial action
challenging the Second Amended Final Results had been voluntarily dismissed, the
Court No. 09-00428 Page 2
U.S. Department of Commerce tried to correct, through an amendment to liquidation
instructions, a ministerial error that went undetected during the administrative review.
In a separate action involving another interested party to the Second Amended
Final Results, the U.S. Court of Appeals for the Federal Circuit held that Commerce’s
error was not in the liquidation instructions, but within the final results of the
administrative review. American Signature, Inc. v. United States, 598 F.3d 816, 823-25
(Fed. Cir. 2010) (“American Signature”). The Federal Circuit explained that
“Commerce’s sua sponte corrections must be made before the final [results of an
administrative review are] no longer subject to judicial review,” id. at 827-28, and
concluded that because Commerce did not correct the error before the time for judicial
review had expired, “the error cannot now be corrected.” Id. at 828.
The Court of International Trade then entered judgment for the plaintiff in
American Signature, ordering that its entries of subject merchandise be liquidated (or
reliquidated) in accordance with the Second Amended Final Results (and not the
revised liquidation instructions through which Commerce attempted to correct its
ministerial error). American Signature, Inc. v. United States. 34 CIT ___, Slip Op 10-58
(May 18, 2010).
The Plaintiff in this action, being similarly situated to the plaintiff in American
Signature, is entitled to the same relief. Judgment will be entered accordingly.
/s/ Leo M. Gordon
Judge Leo M. Gordon
Dated: June 2, 2010
New York, New York