[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Pages 15297-15299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6558]
[[Page 15297]]
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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 14, 2010, the U.S. Department of Commerce (the
Department) published the preliminary results of the 2008--2009
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, 75 FR 55754 (September 14, 2010) (AR5
Preliminary Results). This review covers two exporters, Foshan Shunde
Yongjian Housewares & Hardwares Co., Ltd. (Foshan Shunde) and Since
Hardware (Guangzhou) Co., Ltd. (Since Hardware). The period of review
(POR) is August 1, 2008, through July 31, 2009. We invited interested
parties to comment on the Preliminary Results.
Based on our analysis of the comments received, we have made
changes in the margin calculations. Therefore, the Final Results differ
from the Preliminary Results. The weighted average dumping margins are
listed below in the section entitled ``Final Results of Review''.
DATES: Effective Date: March 21, 2011.
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
On September 14, 2010, the Department published the preliminary
results of this administrative review. See AR5 Preliminary Results. The
merchandise covered by the order is floor-standing, metal-top ironing
tables and certain parts thereof from the PRC, as described in the
``Scope of the Order'' section of the this notice. The period of review
(POR) is August 1, 2008, through July 31, 2009. This administrative
review covers Foshan Shunde and Since Hardware.
In the Preliminary Results, we invited parties to comment.
Additionally, on October 22, 2010 we issued to interested parties a
memorandum detailing the industry-specific wage rates that the
Department intended to use in these Final Results. See October 22,
2010, Memorandum from Michael J. Heaney to the File: ``08/01/2008/07/
31/2009 Review of the Antidumping Duty Order on Floor Standing Metal
Top Ironing Tables from the People's Republic of China: Industry
Specific Wage Rate Selection.'' We invited interested parties to
comment on the Department's calculation of industry specific wage rates
that are outlined in our October 22, 2010, Industry Specific Wage Rate
Memorandum. On November 3, 2010, we extended the due date for filing
case briefs until November 15, 2010. In response, on November 15, 2010,
the Department received respective case briefs from Foshan Shunde and
from Home Products International (the Petitioner in this case).\1\
Petitioner, Foshan Shunde, and Since Hardware submitted rebuttal briefs
on November 22, 2010. On December 27, 2010, the Department extended the
time frame for the final results of review by an additional 60 days.
See Floor-Standing Metal-Top Ironing Tables and Certain Parts Thereof
from the People's Republic of China: Extension of Time Limit for the
Final Results of Administrative Review, 75 FR 81212 (December 27,
2010).
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\1\ On November 16, 2010, Since Hardware attempted to submit a
case brief. On November 22, 2010, the Department issued a letter to
Since Hardware which rejected Since Hardware's November 16, 2010,
case brief as untimely filed. See November 22, 2010, letter from
Robert M. James to Since Hardware. Accordingly, the Department has
not considered Since Hardware's November 16, 2010, submission in
these Final Results.
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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 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 and Since Hardware requested a separate, company-
specific antidumping duty rate. In the AR5 Preliminary Results, we
found that both
[[Page 15298]]
Foshan Shunde and Since Hardware had met the criteria for the
application of a separate antidumping duty rate. See Preliminary
Results, 75 FR at 55755-55756. We verified Foshan Sunde's and Since
Hardware's separate rate responses and found no discrepancies.
Further, we have not received any information since the Preliminary
Results with respect to Foshan Shunde or Since Hardware that would
warrant reconsideration of our separate-rates determination. Therefore,
we have assigned an individual dumping margin to Foshan Shunde and
Since Hardware for this review period.
Analysis of Comments Received
All issues raised in the case briefs by the parties and to which we
have responded are addressed in the Memorandum to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, from Christian
Marsh, 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,'' (March 14, 2011) (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 7046 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 the following changes from that presented in our Preliminary
Results:
For both Foshan Shunde and Since Hardware, we have based our
calculations of labor inputs on industry-specific wage rates using the
methodology set forth in our Industry Specific Wage Rate Memorandum.
For both Foshan Shunde and Since Hardware, we have revised our
calculation of brokerage and handling and applied these charges
according to the weight of the merchandise and the container size of
the shipment.
For both Foshan Shunde and Since Hardware, we have corrected an
error in our calculation of the surrogate value of water.
For Foshan Shunde we have revised the cotton conversion factor used
in our calculations.
For Foshan Shunde, we have included the cost of cartons in our
calculation of packing charges.
Final Results of Review
We determine that the following antidumping duty margins exist in
these final results:
------------------------------------------------------------------------
Margin
Exporter (percent)
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Foshan Shunde............................................... 18.76
Since Hardware.............................................. 70.05
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For details on the calculation of the antidumping duty weighted-
average margin for Foshan Shunde and Since Hardware, see Memorandum to
the File from Michael J. Heaney, Senior International Trade Compliance
Analyst; ``Floor-Standing, Metal-Top Ironing Tables and Certain Parts
Thereof From the People's Republic of China: Foshan Shunde Yongjian
Housewares & Hardware Co., (Foshan Shunde) Analysis Memorandum for the
Final Results,'' dated March 14 2011; see also Memorandum to the File
from Michael J. Heaney, Senior International Trade Compliance Analyst;
``Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof
from the People's Republic of China: Since Hardware (Guangzhou) Co.,
Ltd. (Since Hardware) Analysis Memorandum for the Final Results.'' The
public versions of both memoranda are on file in the CRU.
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 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. For
assessment purposes, where possible, we calculated importer-specific
assessment rates for subject ironing tables from the PRC via ad valorem
duty assessment rates based on the ratio of the total amount of the
dumping margins calculated for the examined sales to the total entered
value of those same sales. 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 18.76 percent; (2) for Since Hardware,
the cash deposit rate will be 70. 05 percent; (3) 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; (4) 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 (5) 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). 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.
[[Page 15299]]
Dated: March 14, 2011.
Kim Glas,
Acting Deputy Assistant Secretary for Import Administration.
Appendix I
Issues in Decision Memorandum
Comment 1: Financial Statements Used To Determine General Expenses
and Profit Ratios.
Comment 2: Appropriate Wage Rate Calculation.
Comment 3: Brokerage and Handling.
Comment 4: Zeroing.
Comment 5: Whether Certain Expenses are Appropriately Classified as
Packaging or Material Costs.
Comment 6: Surrogate Value of Cotton.
Comment 7: Surrogate Value of Water.
Comment 8: Whether Foshan Shunde's Yield Losses Are Reasonable and
Necessitate Use of Facts Available; Whether Discrepancies in Since
Hardware's Calculation of Yield Losses Necessitate Use of Adverse
Facts Available.
Comment 9: Foshan Shunde Packing Calculation.
[FR Doc. 2011-6558 Filed 3-18-11; 8:45 am]
BILLING CODE 3510-DS-P