Folding Metal Tables and Chairs from the People's Republic of China: Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 51409-51411 [E7-17702]
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Notices
Partial Rescission of Review
On February 20, 2007, Mittal Canada
Inc. (formerly Ispat Sidbec Inc.)
withdrew its request for an
administrative review of its entries
during the above–referenced period.
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
who requested the review withdraws
the request within 90 days of the date
of publication of notice of initiation of
the requested review. Because Mittal
Canada Inc. (formerly Ispat Sidbec Inc.)
withdrew its request for review within
the 90-day period and no other party
requested a review of its entries, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding this review with
respect to Mittal Canada Inc. (formerly
Ispat Sidbec Inc.).
The Department will issue
appropriate assessment instructions
directly to the U.S. Customs and Border
Protection (CBP) 15 days after the
publication of this notice. The
Department will direct CBP to assess
antidumping duties at the cash deposit
rate in effect on the date of entry for
entries of subject merchandise produced
and/or exported by Mittal Canada Inc.
(formerly Ispat Sidbec Inc.) during the
period October 1, 2005, through
September 30, 2006.
This notice is published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: August 31, 2007.
Gary Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–17705 Filed 9–6–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–868]
Folding Metal Tables and Chairs from
the People’s Republic of China: Notice
of Final Results of Expedited Sunset
Review of Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 7, 2007.
FOR FURTHER INFORMATION CONTACT:
Matthew Quigley at (202) 482–4551,
AD/CVD Operations, Office 8, Import
mstockstill on PROD1PC66 with NOTICES
AGENCY:
Results of Antidumping Duty Changed
Circumstances Review: Carbon and Certain Alloy
Steel Wire Rod from Canada, 72 FR 15102, 15103
(March 30, 2007).
VerDate Aug<31>2005
18:34 Sep 06, 2007
Jkt 211001
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUMMARY: On May 1, 2007, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the antidumping duty order on
folding metal tables and chairs from the
People’s Republic of China (‘‘PRC’’). On
the basis of a notice of intent to
participate, and an adequate substantive
response filed on behalf of domestic
interested parties, as well as a lack of
response from respondent interested
parties, the Department conducted an
expedited (120-day) sunset review. As a
result of the sunset review, the
Department finds that revocation of the
antidumping duty order would be likely
to lead to continuation or recurrence of
dumping. The dumping margins are
identified in the Final Results of Review
section of this notice.
SUPPLEMENTARY INFORMATION:
Background:
On May 1, 2007, the Department
published the notice of initiation of the
sunset review of the antidumping duty
order on folding metal tables and chairs
from the PRC pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). See Initiation of Five-year
(‘‘Sunset’’) Reviews, 72 FR 23799 (May
1, 2007) (‘‘Initiation Notice’’). On May
16, 2007, the Department received a
notice of intent to participate from
domestic interested parties, Meco
Corporation (‘‘Meco’’) and KI, within
the deadline specified in section
315.218(d)(1)(i) of the Department’s
regulations. Meco and KI claimed
interested party status under section
771(9)(C) of the Act, as domestic
producers of folding metal tables and
chairs in the United States. On May 31,
2007, the Department received a
substantive response from domestic
interested parties within the deadline
specified in section 351.218(d)(3)(i) of
the Department’s regulations. We did
not receive responses from any
respondent interested parties to this
proceeding. As a result, pursuant to
section 751(c)(3)(B) of the Act and
section 351.218(e)(1)(ii)(C)(2) of the
Department’s regulations, the
Department determined to conduct an
expedited review of the order.
Scope of the 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
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51409
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:
a. Lawn furniture;
b. Trays commonly referred to as ‘‘TV
trays’’;
c. Side tables;
d. Child–sized tables;
e. Portable counter sets consisting of
rectangular tables 36’’ high and
matching stools; and,
f. 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:
a. Folding metal chairs with a wooden
back or seat, or both;
b. Lawn furniture;
c. Stools;
d. Chairs with arms; and
e. Child–sized chairs.
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07SEN1
51410
Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Notices
mstockstill on PROD1PC66 with NOTICES
The subject merchandise is currently
classifiable under subheadings
9401.71.0010, 9401.71.0030,
9401.79.0045, 9401.79.0050,
9403.20.0015, 9403.20.0030,
9403.70.8010, 9403.70.8020, and
9403.70.8030 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’).1 Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise is dispositive.
On January 13, 2003, the Department
issued a scope ruling determining that
‘‘Poly–Fold’’ chairs consisting of steel
frames (20–gauge steel) with
polypropylene seats and backs, zinc–
plated rivets coated with an epoxy
polyester powder coating, three
drainage holes in the seat, specially
designed back leg cross bar, four
oversized leg stoppers with drainage
holes, and a frame with hybrid coating
are within the scope of the antidumping
duty order.2
On May 5, 2003, the Department
issued a scope ruling with respect to the
‘‘Complete Office–To-Go’’ set, which
consists of a single chair and a table
with a monitor stand and legs that fold
as a set. The Department ruled that the
chair component is within the scope of
the antidumping duty order because the
chair component is identical to the
chairs described in the order, but the
Department ruled that table component
is outside the scope of the antidumping
duty order because it has legs that fold
in sets.3
On September 7, 2004, the
Department issued a scope ruling
determining that folding tables with
tops made of blow–molded plastic and
frames made of steel are within the
scope of the antidumping duty order.4
1 Originally the scope included 9403.20.0010, but
effective July 1, 2003, 9403.20.0010 (metal
household furniture) was eliminated from the HTS
code. 9403.20.0011 (ironing boards) and
9403.20.0015 (other) were added in its place.
9403.20.0015 contains merchandise in
9403.20.0010 except for ironing boards.
2 See the Memorandum to Joseph A. Spetrini,
Deputy Assistant Secretary for Import
Administration, Group III, From Richard Weible,
Director, Office 8, AD/CVD Enforcement ‘‘Final
Scope Ruling on Whether RPA International Pty.
Ltd.’s Poly-Fold Chairs Are Excluded from the
Scope of the Antidumping Duty Order on Folding
Metal Tables and Chairs from the People’s Republic
of China,’’ January 13, 2003.
3 See the Memorandum to Barbara Tillman,
Acting Deputy Assistant Secretary for Import
Administration, Group III, From Richard Weible,
Director, Office 8, AD/CVD Enforcement ‘‘Final
Scope Ruling on Whether Staples, The Office
Superstore Incorporated’s ‘Complete Office-To-Go’
is Excluded from the Scope of the Antidumping
Duty Order on Folding Metal Tables and Chairs
from the People’s Republic of China,’’ May 5, 2003.
4 See the Memorandum to Jeffrey A. May, Deputy
Assistant Secretary for Import Administration,
VerDate Aug<31>2005
18:34 Sep 06, 2007
Jkt 211001
On July 13, 2005, the Department
issued a scope ruling determining that
folding metal chairs, with wooden seats
that have been padded with foam and
covered with fabric or polyvinyl
chloride and attached to a tubular steel
seat frame with screws, are within the
scope of the antidumping duty order.5
Also on July 13, 2005, the Department
issued a scope ruling determining that
‘‘butterfly’’ chairs are outside the scope
of the antidumping duty order. Butterfly
chairs are described as consisting of a
collapsible metal rod frame and a cover,
such that when the chair frame is spread
open, the pockets of the cover are
slipped over the upper ends of the frame
and the cover provides both the seating
surface and back of the chair. The frame
consists of eight s–shaped pieces (with
the ends offset at almost a 90–degree
angle) made from metal rod that are
connected by hinges. In order to
collapse the frame, the chair cover must
be removed. The frame is collapsed by
moving the four legs inward until they
meet in the center, similar to the folding
mechanism of a pocket umbrella.6
On May 1, 2006, the Department
issued a scope ruling determining that
‘‘moon chairs’’ are outside the scope of
the antidumping duty order. Moon
chairs are described as containing
circular, fabric–padded, concave
cushions that envelope the user at
approximately a 105–degree reclining
angle. The fabric cushion is ringed and
supported by two curved 16–mm steel
tubes. The cushion is attached to this
ring by nylon fabric. The cushion is
supported by a 16–mm steel tube four–
sided rectangular cross–brace
mechanism that constitutes the moon
chair’s legs. This mechanism supports
and attaches to the encircling tubing
and enables the moon chair to be folded.
To fold the chair, the user pulls on a
Through Edward C. Yang, Senior Enforcement
Coordinator, China/NME Group, From Kristina
Boughton, International Trade Compliance Analyst,
China/NME Group, Office 9, ‘‘Final Scope Ruling
on Whether Lifetime Tables 4600 and 4606 Are
Excluded from the Scope of the Antidumping Duty
Order on Folding Metal Tables and Chairs from the
People’s Republic of China,’’ September 7, 2004.
5 See the Memorandum to Barbara Tillman,
Acting Deputy Assistant Secretary for Import
Administration, Group III, From Wendy J. Frankel,
Director, AD/CVD Operations, Office 8 ‘‘Final
Scope Ruling of the Antidumping Duty Order on
Folding Metal Tables and Chairs from the People’s
Republic of China (A-570-868); Korhani of America,
Inc.,’’ July 13, 2005.
6 See the Memorandum to Barbara Tillman,
Acting Deputy Assistant Secretary for Import
Administration, From Wendy J. Frankel, Director,
AD/CVD Operations, Office 8 ‘‘Final Scope Ruling
of the Antidumping Duty Order on Folding Metal
Tables and Chairs from the People’s Republic of
China (A-570-868); Spencer Gifts, LLC,’’ July 13,
2005.
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fabric handle in the center of the seat
cushion of the chair.7
Analysis of Comments Received:
All issues raised in this review are
addressed in the ‘‘Issues and Decision
Memorandum’’ (‘‘Decision
Memorandum’’) from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated August 29, 2007,
which is hereby adopted by this notice.
The issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins likely
to prevail if the order were revoked.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendations in
this public memorandum, which is on
file in room B–099 of the main
Commerce building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the web at https://
ia.ita.doc.gov/. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Final Results of Review:
Pursuant to section 752(c)(3) of the
Act, we determine that revocation of the
antidumping duty order on folding
metal tables and chairs from the PRC
would be likely to lead to continuation
or recurrence of dumping at the
following weighted–average percentage
margins:
Manufacturers/Exporters/Producers
Dongguan Shichang .....
Feili ...............................
New–Tec .......................
PRC–wide .....................
Weighted–Average
Margin (percent)
13.72
13.72
13.72
70.71
This notice also serves as the only
reminder to parties subject to
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with section 351.305
of the Department’s regulations. Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
7 See the Memorandum to Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, from Wendy J. Frankel, Director,
AD/CVD Operations, Office 8 ‘‘Final Scope Ruling
of the Antidumping Duty Order on Folding Metal
Tables and Chairs from the People’s Republic of
China (A-570-868); Mac Industries (Shanghai) Co.,
Ltd., Jiaxing Yinmao International Trading
Company, Ltd and Fujian Zenithen Consumer
Products Company Ltd.,’’ May 1, 2005.
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Notices
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act.
Dated: August 29, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–17702 Filed 9–6–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
from the People’s Republic of China:
Extension of Time Limit for the
Preliminary Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
EFFECTIVE DATE:
September 7, 2007.
FOR FURTHER INFORMATION CONTACT:
Hilary E. Sadler, 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)
482–4340.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
Background
The Department of Commerce
(‘‘Department’’) published an
antidumping duty order on hand trucks
and certain parts thereof (‘‘hand
trucks’’) from the People’s Republic of
China (‘‘PRC’’) on December 2, 2004.
See Notice of Antidumping Duty Order:
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China, 69
FR 70122 (December 2, 2004). On
February 2, 2007, the Department
published in the Federal Register a
notice of the initiation of the
antidumping duty administrative review
of hand trucks from the PRC for the
period December 1, 2005, through
November 30, 2006. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 72 FR 5005
(February 2, 2007). The preliminary
results of this review are currently due
no later than September 2, 2007.
VerDate Aug<31>2005
18:34 Sep 06, 2007
Jkt 211001
Extension of Time Limit of Preliminary
Results.
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘Act’’), requires
the Department to issue preliminary
results within 245 days after the last day
of the anniversary month of an order for
which a review is requested and the
final results within 120 days after the
date on which the preliminary results
are published. However, if it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act allows the
Department to extend the 245-day time
period to a maximum of 365 days. We
determine that completion of the
preliminary results of this review within
the 245-day period is not practicable
because the Department requires
additional time to analyze information
pertaining to the respondents’ sales
practices, factors of production, and to
issue and review responses to
supplemental questionnaires.
Because it is not practicable to
complete this review within the time
specified under the Act, we are
extending the time period for issuing
the preliminary results of review by 90
days until December 1, 2007, in
accordance with section 751(a)(3)(A) of
the Act. Because December 1, 2007, falls
on a Saturday, the preliminary results
will be due by December 3, 2007, the
next business day. The final results
continue to be due 120 days after the
publication of the preliminary results.
This notice is published pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2).
Dated: August 31, 2007.
Gary Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–17700 Filed 9–6–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–401–806]
Stainless Steel Wire Rod from Sweden:
Preliminary Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a timely
request by the petitioners,1 the
Department of Commerce (‘‘the
Department’’) is conducting an
AGENCY:
1 The petitioners include the following
companies: Carpenter Technology Corporation and
Charter Speciality Steel.
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51411
administrative review of the
antidumping duty order on stainless
steel wire rod (‘‘SSWR’’) from Sweden
with respect to Fagersta Stainless AB
(‘‘FSAB’’). The period of review
(‘‘POR’’) is September 1, 2005, through
August 31, 2006.
We preliminarily determine that sales
have been made below normal value
(‘‘NV’’). Interested parties are invited to
comment on the preliminary results. If
the preliminary results are adopted in
our final results of administrative
review, we will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries.
EFFECTIVE DATE: September 7, 2007.
FOR FURTHER INFORMATION CONTACT:
Brian C. Smith or Gemal Brangman, AD/
CVD Operations, Office 2, Import
Administration–Room B–099,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–1766 or (202) 482–3773,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 1998, the
Department published in the Federal
Register an antidumping duty order on
SSWR from Sweden. See Notice of
Antidumping Duty Order: Stainless
Steel Wire Rod from Sweden, 63 FR
49329 (‘‘SSWR Order’’). On September
1, 2006, the Department published in
the Federal Register a notice of
‘‘Opportunity to Request Administrative
Review’’ of the antidumping duty order
on SSWR from Sweden covering the
period September 1, 2005, through
August 31, 2006. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 71
FR 52061 (September 1, 2006). On
September 28, 2006, the petitioners
submitted a letter timely requesting that
the Department conduct an
administrative review of the sales of
SSWR made by FSAB, pursuant to
section 751 of the Tariff Act of 1930, as
amended (‘‘the Act’’). On October 2,
2006, FSAB also requested that the
Department conduct an administrative
review of its sales. 2 Based on the
petitioners’ and FSAB’s requests for an
administrative review of FSAB’s sales,
on October 19, 2006, we issued an
antidumping duty questionnaire3 to
2 FSAB later withdrew its request for an
administrative review on January 29, 2007.
3 Section A of the questionnaire requests general
information concerning a company’s corporate
E:\FR\FM\07SEN1.SGM
Continued
07SEN1
]]>Agencies
[Federal Register Volume 72, Number 173 (Friday, September 7, 2007)]
[Notices]
[Pages 51409-51411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17702]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-868]
Folding Metal Tables and Chairs from the People's Republic of
China: Notice of Final Results of Expedited Sunset Review of
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 7, 2007.
FOR FURTHER INFORMATION CONTACT: Matthew Quigley at (202) 482-4551, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUMMARY: On May 1, 2007, the Department of Commerce (``the
Department'') initiated a sunset review of the antidumping duty order
on folding metal tables and chairs from the People's Republic of China
(``PRC''). On the basis of a notice of intent to participate, and an
adequate substantive response filed on behalf of domestic interested
parties, as well as a lack of response from respondent interested
parties, the Department conducted an expedited (120-day) sunset review.
As a result of the sunset review, the Department finds that revocation
of the antidumping duty order would be likely to lead to continuation
or recurrence of dumping. The dumping margins are identified in the
Final Results of Review section of this notice.
SUPPLEMENTARY INFORMATION:
Background:
On May 1, 2007, the Department published the notice of initiation
of the sunset review of the antidumping duty order on folding metal
tables and chairs from the PRC pursuant to section 751(c) of the Tariff
Act of 1930, as amended (``the Act''). See Initiation of Five-year
(``Sunset'') Reviews, 72 FR 23799 (May 1, 2007) (``Initiation
Notice''). On May 16, 2007, the Department received a notice of intent
to participate from domestic interested parties, Meco Corporation
(``Meco'') and KI, within the deadline specified in section
315.218(d)(1)(i) of the Department's regulations. Meco and KI claimed
interested party status under section 771(9)(C) of the Act, as domestic
producers of folding metal tables and chairs in the United States. On
May 31, 2007, the Department received a substantive response from
domestic interested parties within the deadline specified in section
351.218(d)(3)(i) of the Department's regulations. We did not receive
responses from any respondent interested parties to this proceeding. As
a result, pursuant to section 751(c)(3)(B) of the Act and section
351.218(e)(1)(ii)(C)(2) of the Department's regulations, the Department
determined to conduct an expedited review of the order.
Scope of the 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:
a. Lawn furniture;
b. Trays commonly referred to as ``TV trays'';
c. Side tables;
d. Child-sized tables;
e. Portable counter sets consisting of rectangular tables 36'' high
and matching stools; and,
f. 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:
a. Folding metal chairs with a wooden back or seat, or both;
b. Lawn furniture;
c. Stools;
d. Chairs with arms; and
e. Child-sized chairs.
[[Page 51410]]
The subject merchandise is currently classifiable under subheadings
9401.71.0010, 9401.71.0030, 9401.79.0045, 9401.79.0050, 9403.20.0015,
9403.20.0030, 9403.70.8010, 9403.70.8020, and 9403.70.8030 of the
Harmonized Tariff Schedule of the United States (``HTSUS'').\1\
Although the HTSUS subheadings are provided for convenience and customs
purposes, the Department's written description of the merchandise is
dispositive.
---------------------------------------------------------------------------
\1\ Originally the scope included 9403.20.0010, but effective
July 1, 2003, 9403.20.0010 (metal household furniture) was
eliminated from the HTS code. 9403.20.0011 (ironing boards) and
9403.20.0015 (other) were added in its place. 9403.20.0015 contains
merchandise in 9403.20.0010 except for ironing boards.
---------------------------------------------------------------------------
On January 13, 2003, the Department issued a scope ruling
determining that ``Poly-Fold'' chairs consisting of steel frames (20-
gauge steel) with polypropylene seats and backs, zinc-plated rivets
coated with an epoxy polyester powder coating, three drainage holes in
the seat, specially designed back leg cross bar, four oversized leg
stoppers with drainage holes, and a frame with hybrid coating are
within the scope of the antidumping duty order.\2\
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\2\ See the Memorandum to Joseph A. Spetrini, Deputy Assistant
Secretary for Import Administration, Group III, From Richard Weible,
Director, Office 8, AD/CVD Enforcement ``Final Scope Ruling on
Whether RPA International Pty. Ltd.'s Poly-Fold Chairs Are Excluded
from the Scope of the Antidumping Duty Order on Folding Metal Tables
and Chairs from the People's Republic of China,'' January 13, 2003.
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On May 5, 2003, the Department issued a scope ruling with respect
to the ``Complete Office-To-Go'' set, which consists of a single chair
and a table with a monitor stand and legs that fold as a set. The
Department ruled that the chair component is within the scope of the
antidumping duty order because the chair component is identical to the
chairs described in the order, but the Department ruled that table
component is outside the scope of the antidumping duty order because it
has legs that fold in sets.\3\
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\3\ See the Memorandum to Barbara Tillman, Acting Deputy
Assistant Secretary for Import Administration, Group III, From
Richard Weible, Director, Office 8, AD/CVD Enforcement ``Final Scope
Ruling on Whether Staples, The Office Superstore Incorporated's
`Complete Office-To-Go' is Excluded from the Scope of the
Antidumping Duty Order on Folding Metal Tables and Chairs from the
People's Republic of China,'' May 5, 2003.
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On September 7, 2004, the Department issued a scope ruling
determining that folding tables with tops made of blow-molded plastic
and frames made of steel are within the scope of the antidumping duty
order.\4\
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\4\ See the Memorandum to Jeffrey A. May, Deputy Assistant
Secretary for Import Administration, Through Edward C. Yang, Senior
Enforcement Coordinator, China/NME Group, From Kristina Boughton,
International Trade Compliance Analyst, China/NME Group, Office 9,
``Final Scope Ruling on Whether Lifetime Tables 4600 and 4606 Are
Excluded from the Scope of the Antidumping Duty Order on Folding
Metal Tables and Chairs from the People's Republic of China,''
September 7, 2004.
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On July 13, 2005, the Department issued a scope ruling determining
that folding metal chairs, with wooden seats that have been padded with
foam and covered with fabric or polyvinyl chloride and attached to a
tubular steel seat frame with screws, are within the scope of the
antidumping duty order.\5\
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\5\ See the Memorandum to Barbara Tillman, Acting Deputy
Assistant Secretary for Import Administration, Group III, From Wendy
J. Frankel, Director, AD/CVD Operations, Office 8 ``Final Scope
Ruling of the Antidumping Duty Order on Folding Metal Tables and
Chairs from the People's Republic of China (A-570-868); Korhani of
America, Inc.,'' July 13, 2005.
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Also on July 13, 2005, the Department issued a scope ruling
determining that ``butterfly'' chairs are outside the scope of the
antidumping duty order. Butterfly chairs are described as consisting of
a collapsible metal rod frame and a cover, such that when the chair
frame is spread open, the pockets of the cover are slipped over the
upper ends of the frame and the cover provides both the seating surface
and back of the chair. The frame consists of eight s-shaped pieces
(with the ends offset at almost a 90-degree angle) made from metal rod
that are connected by hinges. In order to collapse the frame, the chair
cover must be removed. The frame is collapsed by moving the four legs
inward until they meet in the center, similar to the folding mechanism
of a pocket umbrella.\6\
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\6\ See the Memorandum to Barbara Tillman, Acting Deputy
Assistant Secretary for Import Administration, From Wendy J.
Frankel, Director, AD/CVD Operations, Office 8 ``Final Scope Ruling
of the Antidumping Duty Order on Folding Metal Tables and Chairs
from the People's Republic of China (A-570-868); Spencer Gifts,
LLC,'' July 13, 2005.
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On May 1, 2006, the Department issued a scope ruling determining
that ``moon chairs'' are outside the scope of the antidumping duty
order. Moon chairs are described as containing circular, fabric-padded,
concave cushions that envelope the user at approximately a 105-degree
reclining angle. The fabric cushion is ringed and supported by two
curved 16-mm steel tubes. The cushion is attached to this ring by nylon
fabric. The cushion is supported by a 16-mm steel tube four-sided
rectangular cross-brace mechanism that constitutes the moon chair's
legs. This mechanism supports and attaches to the encircling tubing and
enables the moon chair to be folded. To fold the chair, the user pulls
on a fabric handle in the center of the seat cushion of the chair.\7\
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\7\ See the Memorandum to Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, from Wendy J. Frankel,
Director, AD/CVD Operations, Office 8 ``Final Scope Ruling of the
Antidumping Duty Order on Folding Metal Tables and Chairs from the
People's Republic of China (A-570-868); Mac Industries (Shanghai)
Co., Ltd., Jiaxing Yinmao International Trading Company, Ltd and
Fujian Zenithen Consumer Products Company Ltd.,'' May 1, 2005.
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Analysis of Comments Received:
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memorandum'') from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated August
29, 2007, which is hereby adopted by this notice. The issues discussed
in the Decision Memorandum include the likelihood of continuation or
recurrence of dumping and the magnitude of the margins likely to
prevail if the order were revoked. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum, which is on file in room B-
099 of the main Commerce building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the web at https://ia.ita.doc.gov/. The paper copy
and electronic version of the Decision Memorandum are identical in
content.
Final Results of Review:
Pursuant to section 752(c)(3) of the Act, we determine that
revocation of the antidumping duty order on folding metal tables and
chairs from the PRC would be likely to lead to continuation or
recurrence of dumping at the following weighted-average percentage
margins:
------------------------------------------------------------------------
Weighted-Average
Manufacturers/Exporters/Producers Margin (percent)
------------------------------------------------------------------------
Dongguan Shichang................................... 13.72
Feili............................................... 13.72
New-Tec............................................. 13.72
PRC-wide............................................ 70.71
------------------------------------------------------------------------
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations. Timely notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the
[[Page 51411]]
regulations and terms of an APO is a violation which is subject to
sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: August 29, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-17702 Filed 9-6-07; 8:45 am]
BILLING CODE 3510-DS-S
