[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Notices]
[Page 3201-3203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja10-37]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-888]
Floor-Standing, Metal-Top Ironing Tables and Certain Parts
Thereof From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 8, 2009, the U.S. Department of Commerce (the
Department) published the preliminary results of the August 1, 2007
through July 31, 2008 administrative review of the antidumping duty
order on floor-standing, metal-top ironing tables from the People's
Republic of China (PRC). See Floor-Standing, Metal-Top Ironing Tables
and Certain Parts Thereof From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, 74 FR
46083 (September 8, 2008) (Preliminary Results). This review covers,
Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. (Foshan
Shunde), which we have determined to be part of the PRC-wide entity. We
invited interested parties to comment on the Preliminary Results.
Based on our analysis of the comments received, we have made no
changes to the findings presented in our Preliminary Results. The
weighted average dumping margin is listed below in the section entitled
``Final Results of Review.''
DATES: Effective Date: January 20, 2010.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published in the Federal Register the preliminary results of
this administrative review on September 8, 2009. See Preliminary
Results.
Following the Preliminary Results, on October 8, 2009, the
Department received case briefs from Foshan Shunde and from Polder,
Inc., an importer of the subject merchandise. On October 13, 2009, Home
Products International, Inc., the Petitioner in this proceeding,
submitted a rebuttal brief.
Scope of the Order
For purposes of the order, the product covered consists of floor-
standing, metal-top ironing tables, assembled or unassembled, complete
or incomplete, and certain parts thereof. The subject tables are
designed and used principally for the hand ironing or pressing of
garments or other articles of fabric. The subject tables have full-
height leg assemblies that support the ironing surface at an
appropriate (often adjustable) height above the floor. The subject
tables are produced in a variety of leg finishes, such as painted,
plated, or matte, and they are available with various features,
including iron rests, linen racks, and others. The subject ironing
tables may be sold with or without a pad and/or cover. All types and
configurations of floor-standing, metal-top ironing tables are covered
by this review.
Furthermore, the order specifically covers imports of ironing
tables, assembled or unassembled, complete or incomplete, and certain
parts thereof. For purposes of the order, the term ``unassembled''
ironing table means a product requiring the attachment of the leg
assembly to the top or the attachment of an included feature such
[[Page 3202]]
as an iron rest or linen rack. The term ``complete'' ironing table
means product sold as a ready-to-use ensemble consisting of the metal-
top table and a pad and cover, with or without additional features,
e.g., iron rest or linen rack. The term ``incomplete'' ironing table
means product shipped or sold as a ``bare board''--i.e., a metal-top
table only, without the pad and cover--with or without additional
features, e.g. iron rest or linen rack. The major parts or components
of ironing tables that are intended to be covered by the order under
the term ``certain parts thereof'' consist of the metal top component
(with or without assembled supports and slides) and/or the leg
components, whether or not attached together as a leg assembly. The
order covers separately shipped metal top components and leg
components, without regard to whether the respective quantities would
yield an exact quantity of assembled ironing tables.
Ironing tables without legs (such as models that mount on walls or
over doors) are not floor-standing and are specifically excluded.
Additionally, tabletop or countertop models with short legs that do not
exceed 12 inches in length (and which may or may not collapse or
retract) are specifically excluded.
The subject ironing tables were previously classified under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9403.20.0010. Effective July 1, 2003, the subject ironing tables are
classified under new HTSUS subheading 9403.20.0011. The subject metal
top and leg components are classified under HTSUS subheading
9403.90.8040. Although the HTSUS subheadings are provided for
convenience and for Customs and Border Protection (CBP) purposes, the
Department's written description of the scope remains dispositive.
Separate Rates
Foshan Shunde requested a separate, company-specific antidumping
duty rate. In the Preliminary Results, we found that Foshan Shunde
provided inaccurate and unreliable data, and as such, the Department
was unable to determine Foshan Shunde's eligibility for separate rate
status. Thus, the Department determined Foshan Shunde is properly
considered to be part of the PRC-wide entity. See Preliminary Results
at 46085; see also Carbazole Violet Pigment 23 from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, 74 FR 883 (January 9, 2009) (where the Department revoked a
respondent's separate rate status after the respondent refused to
cooperate with the Department's administrative review). We have not
received any information since the Preliminary Results with respect to
Foshan Shunde that would warrant changing our separate-rate
determination. Therefore, in these Final Results, we have continued to
treat Foshan Shunde as part of the PRC-wide entity because Foshan
Shunde's responses contain widespread and pervasive discrepancies, for
which the Department is unable to parse any reliable data.
Analysis of Comments Received
All issues raised in the case briefs by the parties and to which we
have responded are fully addressed in the Memorandum to Ronald K.
Lorentzen, Deputy Assistant Secretary for Import Administration, from
John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations entitled ``Issues and Decision
Memorandum for the Final Results in the Administrative Review of Floor-
Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the
People's Republic of China'', (January 6, 2010) (Issues and Decision
Memorandum), which is hereby adopted by this notice. A list of the
issues raised, all of which are in the Issues and Decision Memorandum,
is attached to this notice as Appendix I. Parties can find a complete
discussion of all issues raised in the briefs and the corresponding
recommendations in this public memorandum, which is on file in the
Central Records Unit (CRU), room 1117 of the Department of Commerce. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Web at http://trade.gov/ia. The paper copy
and electronic version of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on the comments received from interested parties, we have
made no changes to the analysis employed in the Preliminary Results.
Final Results of Review
We determine that the following antidumping duty margins exist in
these final results:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
PRC-wide Entity (which includes Foshan Shunde)............... 157.68
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.212(b), the Department will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these 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 for by section 751(a)(2)(C) of the Act: (1) For Foshan Shunde
the cash deposit rate will be 157.68 percent; (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 157.68 percent; and (4) for all non-PRC exporters of subject
merchandise which 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 also serves as the final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction or conversion to judicial
protective order of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
[[Page 3203]]
Timely written notification of the return or 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 administrative review and this notice are published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 6, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issues in Decision Memorandum
Comment 1: Application of the PRC-wide rate to Foshan Shunde.
Comment 2: Application of Total Adverse Facts Available to
Foshan Shunde.
Comment 3: Whether Substantial Deficiencies exist in Foshan
Shunde's Responses.
Comment 4: Whether the Department Should Calculate a Separate
Rare for Foshan Shunde.
[FR Doc. 2010-1079 Filed 1-19-10; 8:45 am]
BILLING CODE 3510-DS-P