[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Notices]
[Pages 2883-2886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-925]
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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 2007-2008 Deferred Antidumping Duty
Administrative Review and Final Results of 2008-2009 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 2007-2008 deferred and 2008-2009
administrative reviews of the antidumping duty order on folding metal
tables and chairs (``FMTCs'') from the People's Republic of China
(``PRC'') on July 14, 2010.\1\ The periods of review (``POR'') are June
1, 2007, through May 31, 2008, for the deferred administrative review,
and June 1, 2008, through May 31, 2009, for the administrative review.
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 these reviews 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, 75 FR 40788 (July 14, 2010) (``Preliminary
Results'').
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DATES: Effective Date: January 18, 2011.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Erin Kearney,
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-
6412 or (202) 482-0167, respectively.
Background
On July 14, 2010, the Department published its preliminary results.
See Preliminary Results. On August 3, 2010, Meco Corporation
(``Meco''), the petitioner in the underlying investigation, provided
new surrogate value information for the 2008-2009 review based on
Indonesia, including financial statements from PT Lion Metal Works Tbk
(``Lion'').\2\ New-Tec Integration (Xiamen) Co., Ltd. (``New-
[[Page 2884]]
Tec''), a respondent in the 2008-2009 review, submitted on August 13,
2010, publicly available information to ``rebut, clarify, or correct''
the information submitted by Meco concerning the 2008-2009 review. On
August 20 and September 20, 2010,\3\ the Department received case
briefs from Meco for the 2007-2008 deferred and 2008-2009 reviews,
respectively. On August 25 and November 3, 2010,\4\ Feili Group
(Fujian) Co., Ltd. and Feili Furniture Development Limited Quanzhou
City (``Feili''), a respondent in both reviews, and Cosco Home and
Office Products (``Cosco''), a U.S. importer of subject merchandise and
interested party in both reviews, submitted rebuttal briefs for the
2007-2008 and 2008-2009 reviews, respectively. Finally, on August 25,
2010, New-Tec submitted its rebuttal brief for the 2008-2009 review.
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\2\ We note that in the preliminary results, we have selected
India as the surrogate country in both 2007-2008 and 2008-2009
administrative reviews.
\3\ The Department rejected Meco's original case brief submitted
on August 20, 2010 for the 2008-2009 review because it contained
untimely new factual information.
\4\ The Department rejected Feili's and Cosco's original
rebuttal brief submitted on August 25, 2010 for the 2007-2008 review
because it contained untimely new factual information.
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We have conducted these administrative reviews 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, 9401.71.011, 9401.71.0030, 9401.71.0031, 9401.79.0045,
9401.79.0046, 9401.79.0050, 9403.20.0018, 9403.20.0015, 9403.20.0030,
9403.60.8040, 9403.70.8010, 9403.70.8020, and 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/
[[Page 2885]]
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.
On July 27, 2010, the Department issued a scope ruling determining
that the bistro set imported by Academy Sports & Outdoors, consisting
of two chairs and a table, are outside the scope of the antidumping
duty order because they constitute lawn furniture, which is expressly
excluded from the scope of the order.
Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in
these reviews are addressed in the memorandum from Gary Taverman,
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 Deferred Administrative Review and the 2008-2009 Administrative
Review of Folding Metal Tables and Chairs from the People's Republic of
China'' (January 10, 2010) (``Issues and Decision Memorandum''), which
are 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 7046 in the main Department building, and is
also accessible on the Web at http://www.trade.gov/ia. 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 Feili in both the 2007-2008 deferred and
2008-2009 reviews, and for New-Tec in the 2008-2009 review. We have
revised the calculation of normal value to reflect a change in the wage
rate from $1.23 to $1.22 for both reviews.\5\
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\5\ See Analysis for the Final Results of the 2007-2008 Deferred
Administrative Review of Folding Metal Tables and Chairs from the
People's Republic of China: Feili Group (Fujian) Co., Ltd. and Feili
Furniture Development Limited Quanzhou City (``Feili''), Analysis
for the Final Results of the 2008-2009 Administrative Review of
Folding Metal Tables and Chairs from the People's Republic of China:
New-Tec Integration (Xiamen) Co. Ltd . (``New-Tec''), and Analysis
for the Final Results of the 2008-2009 Administrative Review of
Folding Metal Tables and Chairs from the People's Republic of China:
Feili Group (Fujian) Co., Ltd. and Feili Furniture Development
Limited Quanzhou City (``Feili'').
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Final Results of Review
We determine that the following dumping margins exist for the POR:
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Margin
Manufacturer/exporter (percent)
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Feili (6/1/2007-5/31/2008).................................. *0.04
Feili (6/1/2008-5/31/2009).................................. *0.00
New-Tec (6/1/2008-5/31/2009)................................ *0.00
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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 these reviews. For assessment purposes, we calculated
exporter/importer- (or customer) specific assessment rates for
merchandise subject to these reviews. 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 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 these reviews.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of the 2008-2009 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 Feili and 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
[[Page 2886]]
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: January 10, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Issues and Decision Memorandum
Comment 1: Selection of the Primary Surrogate Country
A. Economic Comparability
B. Significant Production of Comparable Merchandise
C. Best Available Surrogate Value Information
Comment 2: Surrogate Financial Statements
A. General Comments
B. Receipt of Subsidies
C. Contemporaneity of Financial Statements
D. Selection of Financial Statements Based on Sales and
Production
E. Selection of Financial Statements Based on Primary Business
Activity
Comment 3: Surrogate Financial Statements Contained on the Record
Comment 4: Whether it is Appropriate To Change the Primary Surrogate
Country Between Issuance of the Preliminary and Final Results
[FR Doc. 2011-925 Filed 1-14-11; 8:45 am]
BILLING CODE 3510-DS-P