[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Notices]
[Page 68568-68570]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de09-38]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-868]
Folding Metal Tables and Chairs from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its
preliminary results of the administrative review of the antidumping
duty order on folding metal tables and chairs (``FMTCs'') from the
People's Republic of China (``PRC'') on July 7, 2009.\1\ The period of
review (``POR'') is June 1, 2007, through May 31, 2008. We invited
interested parties to comment on our preliminary results. Based on our
analysis of the comments received, we have made changes to our margin
calculations. Therefore, the final results differ from the preliminary
results. The final dumping margins for this review are listed in the
``Final Results of Review'' section below.
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\1\ See Folding Metal Tables and Chairs from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 74 FR 32118 (July 7, 2009) (``Preliminary
Results'').
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DATES: Effective Date: December 28, 2009
FOR FURTHER INFORMATION CONTACT: Giselle Cubillos or Charles Riggle,
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-
1778 or (202) 482-0650, respectively.
Background
On July 7, 2009, the Department published its preliminary results.
On July 27, 2009, Meco Corporation (``Meco''), the petitioner in the
underlying investigation, and New-Tec Integration (Xiamen) Co., Ltd.
(``New-Tec''), a respondent, provided additional comments on the
appropriate surrogate values to use as a means of valuing the factors
of production, including financial statements from Maximaa Systems
Limited (2007-2008) (``Maximaa''). Meco submitted on August 6, 2009,
publicly available information to ``rebut, clarify, or correct'' the
information submitted by New-Tec. On August 6 and 7, 2009, the
Department received case briefs from Meco, New-Tec and Cosco Home and
Office Products (``Cosco''), a U.S. importer of subject merchandise,
respectively. Meco included a request for a public hearing in its case
brief submission. On August 11, 2009, New-Tec, Cosco, and Meco
submitted rebuttal briefs. On September 9, 2009, the Department held a
public hearing.
We have conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (``the Act''), and 19
CFR 351.213.
Scope of Order
The products covered by this order consist of assembled and
unassembled folding tables and folding chairs made primarily or
exclusively from steel or other metal, as described below:
(1) Assembled and unassembled folding tables made primarily or
exclusively from steel or other metal (folding metal tables). Folding
metal tables include square, round, rectangular, and any other shapes
with legs affixed with rivets, welds, or any other type of fastener,
and which are made most commonly, but not exclusively, with a hardboard
top covered with vinyl or fabric. Folding metal tables have legs that
mechanically fold independently of one another, and not as a set. The
subject merchandise is commonly, but not exclusively, packed singly, in
multiple packs of the same item, or in five piece sets consisting of
four chairs and one table. Specifically excluded from the scope of the
order regarding folding metal tables are the following:
Lawn furniture;
Trays commonly referred to as ``TV trays;''
Side tables;
Child-sized tables;
Portable counter sets consisting of rectangular tables 36'' high
and matching stools; and,
Banquet tables. A banquet table is a rectangular table with a
plastic or laminated wood table top approximately 28'' to 36'' wide by
48'' to 96'' long and with a set of folding legs at each end of the
table. One set of legs is composed of two individual legs that are
affixed together by one or more cross-braces using welds or fastening
hardware. In contrast, folding metal tables have legs that mechanically
fold independently of one another, and not as a set.
(2) Assembled and unassembled folding chairs made primarily or
exclusively from steel or other metal (folding metal chairs). Folding
metal chairs include chairs with one or more cross-braces, regardless
of shape or size, affixed to the front and/or rear legs with rivets,
welds or any other type of fastener. Folding metal chairs include:
those that are made solely of steel or other metal; those that have a
back pad, a seat pad, or both a back pad and a seat pad; and those that
have seats or backs made of plastic or other materials. The subject
merchandise is commonly, but not exclusively, packed singly, in
multiple packs of the same item, or in five piece sets consisting of
four chairs and one table. Specifically excluded from the scope of the
order regarding folding metal chairs are the following:
Folding metal chairs with a wooden back or seat, or both;
Lawn furniture;
Stools;
Chairs with arms; and
Child-sized chairs.
The subject merchandise is currently classifiable under subheadings
9401.71.0010, 9401.71.0030, 9401.79.0045, 9401.79.0050, 9403.20.015,
9403.20.0030, 9403.70.8010, 9403.70.8020, and
[[Page 68569]]
9403.70.8030 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Although the HTSUS subheadings are provided for
convenience and customs purposes, the Department's written description
of the merchandise is dispositive.
Based on a request by RPA International Pty., Ltd. and RPS, LLC
(collectively, ``RPA''), the Department ruled on January 13, 2003, that
RPA's poly-fold metal folding chairs are within the scope of the order
because they are identical in all material respects to the merchandise
described in the petition, the initial investigation, and the
determinations of the Secretary.
On May 5, 2003, in response to a request by Staples, the Office
Superstore Inc. (``Staples''), the Department issued a scope ruling
that the chair component of Staples' ``Complete Office-To-Go,'' a
folding chair with a tubular steel frame and a seat and back of
plastic, with measurements of: height: 32.5 inches; width: 18.5 inches;
and depth: 21.5 inches, is covered by the scope of the order because it
is identical in all material respects to the scope description in the
order, but that the table component, with measurements of: width (table
top): 43 inches; depth (table top): 27.375 inches; and height: 34.875
inches, has legs that fold as a unit and meets the requirements for an
exemption from the scope of the order.
On September 7, 2004, the Department found that table styles 4600
and 4606 produced by Lifetime Plastic Products Ltd. are within the
scope of the order because these products have all of the components
that constitute a folding metal table as described in the scope.
On July 13, 2005, the Department issued a scope ruling determining
that ``butterfly'' chairs are not within the scope of the antidumping
duty order because they do not meet the physical description of
merchandise covered by the scope of the order as they do not have cross
braces affixed to the front and/or rear legs, and the seat and back is
one piece of cloth that is not affixed to the frame with screws,
rivets, welds, or any other type of fastener.
On July 13, 2005, the Department issued a scope ruling determining
that folding metal chairs imported by Korhani of America Inc. are
within the scope of the antidumping duty order because the imported
chair has a wooden seat, which is padded with foam and covered with
fabric or polyvinyl chloride, attached to the tubular steel seat frame
with screws, and has cross-braces affixed to its legs.
On May 1, 2006, the Department issued a scope ruling determining
that ``moon chairs'' are not included within the scope of the
antidumping duty order because moon chairs have different physical
characteristics, different uses, and are advertised differently than
chairs covered by the scope of the order.
On October 4, 2007, the Department issued a scope ruling
determining that International E-Z Up Inc.'s (``E-Z Up'') Instant Work
Bench is not included within the scope of the antidumping duty order
because its legs and weight do not match the description of the folding
metal tables in the scope of the order.
On April 18, 2008, the Department issued a scope ruling determining
that the VIKA Twofold 2-in-1 Workbench/Scaffold (``Twofold Workbench/
Scaffold'') imported by Ignite USA, LLC from the PRC is not included
within the scope of the antidumping duty order because its rotating leg
mechanism differs from the folding metal tables subject to the order,
and its weight is twice as much as the expected maximum weight for
folding metal tables within the scope of the order.
On May 6, 2009, the Department issued a final determination of
circumvention, determining that imports from the PRC of folding metal
tables with legs connected by cross-bars, so that the legs fold in
sets, and otherwise meeting the description of in-scope merchandise,
are circumventing the order and are properly considered to be within
the class or kind of merchandise subject to the order on FMTCs from the
PRC.
On May 22, 2009, the Department issued a scope ruling determining
that folding metal chairs that have legs that are not connected with
cross-bars are within the scope of the antidumping duty order on
folding metal tables and chairs from the PRC.
On October 27, 2009, the Department issued a scope ruling that
Lifetime Products, Inc.'s (``Lifetime'') fold-in-half adjustable height
tables are not included within the scope of the antidumping duty order
because Lifetime's tables essentially share the physical
characteristics of banquet tables, which are expressly excluded from
the scope of the order and, therefore, are outside the scope of the
order.
Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in
this review are addressed in the memorandum from John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, ``Issues and Decision Memorandum for the 2007-
2008 Administrative Review of Folding Metal Tables and Chairs from the
People's Republic of China'' (December 18, 2009) (``Issues and Decision
Memorandum''), which is hereby adopted by this notice. A list of the
issues that parties raised and to which we responded in the Issues and
Decision Memorandum is attached to this notice as an appendix. The
Issues and Decision Memorandum is a public document and is on file in
the Central Records Unit (``CRU'') in room 1117 in the main Department
building, and is also accessible on the Web at http://ia.ita.doc.gov/
frn. The paper copy and electronic version of the memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made changes in
the margin calculations for New-Tec. We have revised the calculation of
normal value to include certain market economy purchases reported by
New-Tec and previously valued with a surrogate value from India, and
have revised the surrogate financial ratios to rely upon
contemporaneous financial statements from Maximaa.\2\
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\2\ See Memorandum to the File, ``Final Results of the 2006-2007
Administrative Review of Folding Metal Tables and Chairs from the
People's Republic of China: Surrogate Value Memorandum to the
File,'' at Comment 1 (December 18, 2009) (``Final Surrogate Value
Memorandum'').
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Final Results of Review
We determine that the following dumping margins exist for the POR:
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Weighted-average
Exporter/manufacturer margin percentage
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New-Tec*........................................... 0.12
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* This rate is de minimis.
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this review. For assessment purposes, we calculated
exporter/importer- (or customer) specific assessment rates for
merchandise subject to this review. Where appropriate, we calculated an
ad valorem rate for each importer (or customer) by dividing the total
dumping margins for reviewed sales to that party by the total entered
values associated with those transactions. For duty-assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the
[[Page 68570]]
entered customs values for the subject merchandise. Where appropriate,
we calculated a per-unit rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer- (or customer) specific assessment rate
is de minimis under 19 CFR 351.106(c) (i.e., less than 0.50 percent),
the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties. The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For New-Tec, the cash
deposit rate will be the company-specific rate established in the final
results of review (except, if the rate is zero or de minimis, no cash
deposit will be required); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of 70.71
percent; and (4) for all non-PRC exporters of subject merchandise that
have not received their own rate, the cash deposit rate will be the
rate applicable to the PRC exporters that supplied that non-PRC
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Interested Parties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the review period. Pursuant to 19 CFR
351.402(f)(3), failure to comply with this requirement could result in
the Department's presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the administrative protective order itself. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This notice of the final results of this administrative review is
issued and published in accordance with sections 751(a)(1) and 777(i)
of the Act.
Dated: December 18, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Issues and Decision Memorandum
Comment 1: Use of the Appropriate Financial Statements for
Calculation of Surrogate Financial Ratios
Comment 2: Use of Market Economy Purchase Prices for Certain New-Tec
Factors of Production
Comment 3: Selection of HTS Classifications for Certain Surrogate
Values
[FR Doc. E9-30695 Filed 12-24-09; 8:45 am]
BILLING CODE 3510-DS-P