Folding Metal Tables and Chairs From the People's Republic of China: Continuation of Antidumping Duty Order, 62626-62628 [E7-21798]
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62626
Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Notices
steel plate products from the Republic
of Korea for the period January 1, 2006,
through December 31, 2006. See March
Initiation Notice for DSM, DSEC, and
TC Steel. We rescinded the review of TC
Steel. See Certain Cut–to-Length
Carbon–Quality Steel Plate from the
Republic of Korea: Notice of Partial
Rescission of Countervailing Duty
Administrative Review, 72 FR 36962
(July 6, 2007). The preliminary results of
both reviews are currently due no later
than October 31, 2007.
Extension of Time Limit for Preliminary
Results
mstockstill on PROD1PC66 with NOTICES
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to make a preliminary
determination within 245 days after the
last day of the anniversary month of an
order for which a review is requested
and a final determination within 120
days after the date on which the
preliminary determination is published.
If it is not practicable to complete the
review within these time periods,
section 751(a)(3)(A) of the Act allows
the Department to extend the time limit
for the preliminary determination to a
maximum of 365 days after the last day
of the anniversary month. See also 19
CFR 351.213(h).
We determine that it is not practicable
to complete the preliminary results of
these reviews by the current deadline of
October 31, 2007. Specifically, for the
antidumping review, there are a number
of complex factual issues such as one
respondent’s corporate affiliations,
whether certain of its sales are outside
the ordinary course of trade, and
selection of an adverse facts–available
rate for an uncooperative respondent
which affect the calculations for the
preliminary results. For the
countervailing duty review, we need to
resolve a question concerning
shipments by one of the respondents.
Therefore, we are extending the time
period for issuing the preliminary
results of these reviews by 15 days until
November 15, 2007.
This notice is published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act and 19 CFR
351.213(h)(2).
Dated: October 31, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–21802 Filed 11–5–07; 8:45 am]
BILLING CODE 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
A–570–910
Postponement of Preliminary
Determination of Antidumping Duty
Investigation: Circular Welded Carbon
Quality Steel Pipe from the People’s
Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 6, 2007.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office 4, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202)
482–3936.
SUPPLEMENTARY INFORMATION:
AGENCY:
Postponement of Preliminary
Determination
On June 27, 2007, the Department of
Commerce (‘‘Department’’) initiated the
antidumping duty investigation of
circular welded carbon quality steel
pipe from the People’s Republic of
China. See Initiation of Antidumping
Duty Investigation: Circular Welded
Carbon Quality Steel Pipe from the
People’s Republic of China, 72 FR 36663
(July 5, 2007) (‘‘Initiation Notice’’). The
notice of initiation stated that the
Department would make its preliminary
determination for this antidumping duty
investigation no later than 140 days
after issuance. See Initiation Notice, 72
FR at 36667.
On October 2, 2007, Allied Tube &
Conduit, Sharon Tube Company, IPSCO
Tubulars, Inc., Western Tube & Conduit
Corporation, Northwest Pipe Company,
Wheatland Tube Co., i.e., the Ad Hoc
Coalition For Fair Pipe Imports From
China, and the United Steelworkers
(collectively ‘‘Petitioners’’) made a
timely request pursuant to 19 CFR
351.205(e) and section 733(c)(1)(A) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), for a postponement of the
preliminary determination. Petitioners
requested postponement of the
preliminary determination because it
needs additional time to evaluate the
questionnaire responses filed by
respondents, and, if warranted, prepare
an allegation of targeted dumping. See
19 CFR 351.301(d)(5).
For the reasons identified by the
Petitioners, and because there are no
compelling reasons to deny the request,
the Department is postponing the
preliminary determination under
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section 733(c)(1)(A) of the Act, by fifty
days from November 14, 2007, to
January 3, 2008. The deadline for the
final determination will continue to be
75 days after the date of the preliminary
determination, unless extended.
This notice is issued and published
pursuant to sections 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: October 31, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E7–21800 Filed 11–5–07; 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:
Continuation of Antidumping Duty
Order
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
SUMMARY: As a result of the
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission (‘‘ITC’’)
that revocation of the existing
antidumping duty order on folding
metal tables and chairs from the
People’s Republic of China (‘‘PRC’’)
would likely lead to continuation or
recurrence of dumping and material
injury to an industry in the United
States, the Department is publishing this
notice of continuation of the
antidumping duty (‘‘AD’’) order.
DATES: Effective Dates: November 6,
2007.
FOR FURTHER INFORMATION CONTACT:
Charles Riggle or Matthew Quigley, AD/
CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: 202–482–0650 202–482–
4551, respectively.
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’’); see also,
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Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Notices
mstockstill on PROD1PC66 with NOTICES
Antidumping Duty Order: Folding Metal
Tables and Chairs From the People’s
Republic of China, 67 FR 43277 (June
27, 2002) (‘‘Order’’). As a result of its
review, the Department found that
revocation of the AD order would likely
lead to continuation or recurrence of
dumping and notified the ITC of the
margins likely to prevail were the order
revoked. See Folding Metal Tables and
Chairs from the People’s Republic of
China: Notice of Final Results of
Expedited Sunset Review of
Antidumping Duty Order, 72 FR 51409
(September 7, 2007). On September 20,
2007, the ITC determined, pursuant to
section 751(c) of the Act, that revocation
of the AD order on folding metal tables
and chairs from the PRC would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time. See Folding Metal
Tables and Chairs from China, 72 FR
60389 (October 24, 2007), and USITC
Publication 3952 Inv. No. 731–TA–932
(Review) (September 2007).
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 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
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Jkt 214001
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 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,
9403.20.0015, 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 U.S. Customs and
Border Protection 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, zincplated 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
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 ‘‘Final Scope Ruling on Whether RPA
International Pty. Ltd.’s Poly-Fold Chairs Are
Excluded from the Scope of the Antidumping Duty
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62627
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 AD 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 AD order.4
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 AD order.5
Also on July 13, 2005, the Department
issued a scope ruling determining that
‘‘butterfly’’ chairs are outside the scope
of the AD 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. 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. Although butterfly
chairs, as described by the requester
have supports made of steel or other
metal, they do not have cross-braces
affixed to the front and/or rear legs. The
seat and back is one piece of cloth,
which also serves as the carrying bag for
the chair frame when not in use, and is
therefore not affixed to the frame with
Order on Folding Metal Tables and Chairs from the
People’s Republic of China’’ (January 13, 2003).
3 See ‘‘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 ‘‘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 ‘‘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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Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Notices
screws, rivets, welds or any other type
of fastener.6
On May 1, 2006, the Department
issued a scope ruling determining that
the ‘‘moon chair’’ was outside the scope
of the antidumping duty order because
it collapses rather than folds as a chair
subject to the order would fold, and it
does not have a back pad or seat pad
commonly found in folding chairs.
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 foursided 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
Continuation of Order
mstockstill on PROD1PC66 with NOTICES
As a result of the determinations by
the Department and the ITC that
revocation of the AD order on folding
metal tables and chairs from the PRC
would likely lead to continuation or
recurrence of dumping and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the AD order on
folding metal tables and chairs from the
PRC. U.S. Customs and Border
Protection will continue to collect
antidumping duty cash deposits at the
rates in effect at the time of entry for all
imports of subject merchandise. This
review covers imports from all
manufacturers and exporters of folding
metal tables and chairs from the PRC.
The effective date of continuation of
this AD order will be the date of
publication in the Federal Register of
this Continuation Notice. Pursuant to
section 751(c)(2) of the Act, the
Department intends to initiate the next
five-year review of this order not later
than September 2012.
This five-year or ‘‘sunset’’ review and
notice are in accordance with section
6 See ‘‘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).
7 See ‘‘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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16:55 Nov 05, 2007
Jkt 214001
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: October 31, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E7–21798 Filed 11–5–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–868]
Folding Metal Tables and Chairs From
the People’s Republic of China: Notice
of Extension of Time Limit for the Final
Results of the Antidumping Duty
Administrative Review
October 29, 2007.
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Dates: November 6,
2007.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Matthew Quigley,
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) 482–4243 or (202) 482–
4551, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 27, 2006, the Department of
Commerce (‘‘the Department’’)
published the initiation of the
administrative review of the
antidumping duty order on folding
metal tables and chairs from the
People’s Republic of China (‘‘PRC’’). See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 71 FR 42626 (July 27, 2006). On
July 11, 2007, the Department published
the preliminary results. See Folding
Metal Tables and Chairs from the
People’s Republic of China: Preliminary
Results of Antidumping Duty
Administrative Review, 72 FR 37703
(July 11, 2007). This review covers the
period June 1, 2005, through May 31,
2006. The final results are currently due
by November 8, 2007.
Extension of Time Limit for Final
Results of Review
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), the Department shall make a final
determination in an administrative
review of an antidumping duty order
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within 120 days after the date on which
the preliminary results are published.
The Act further provides, however, that
the Department may extend that 120day period to 180 days after the
preliminary results if it determines it is
not practicable to complete the review
within the foregoing time period.
The Department finds that it is not
practicable to complete the final results
of the administrative review of folding
metal tables and chairs from the PRC
within the 120-day period due to
complex issues the parties have raised
regarding surrogate financial statements.
In accordance with section 751(a)(3)(A)
of the Act, the Department is extending
the time period for completion of the
final results of this review by 30 days to
150 days after the date on which the
preliminary results were published.
Therefore, the final results are now due
no later than December 7, 2007.
This notice is published in
accordance with sections 751(a)(3)(A)
and 777(i) of the Act.
Dated: October 29, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–21809 Filed 11–5–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–807]
Certain Steel Concrete Reinforcing
Bars From Turkey; Final Results of
New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 10, 2007, the
Department of Commerce (the
Department) published the preliminary
results of the new shipper review of the
antidumping duty order on certain steel
concrete reinforcing bars (rebar) from
Turkey. This review covers one
producer/exporter of the subject
merchandise to the United States, Ege
Celik Endustrisi ve Ticaret A.S./Ege Dis
Ticaret A.S. (Ege Celik). The period of
review (POR) is April 1, 2006, through
September 30, 2006.
Based on our analysis of the
comments received, we have made no
changes to the margin calculations.
Therefore, the final results do not differ
from the preliminary results. The final
weighted–average dumping margin for
Ege Celik is listed below in the section
entitled ‘‘Final Results of Review.’’
EFFECTIVE DATE: November 6, 2007.
AGENCY:
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]]>Agencies
[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Notices]
[Pages 62626-62628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21798]
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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: Continuation of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') that revocation of the existing antidumping duty order on
folding metal tables and chairs from the People's Republic of China
(``PRC'') would likely lead to continuation or recurrence of dumping
and material injury to an industry in the United States, the Department
is publishing this notice of continuation of the antidumping duty
(``AD'') order.
DATES: Effective Dates: November 6, 2007.
FOR FURTHER INFORMATION CONTACT: Charles Riggle or Matthew Quigley, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: 202-482-0650
202-482-4551, respectively.
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''); see also,
[[Page 62627]]
Antidumping Duty Order: Folding Metal Tables and Chairs From the
People's Republic of China, 67 FR 43277 (June 27, 2002) (``Order''). As
a result of its review, the Department found that revocation of the AD
order would likely lead to continuation or recurrence of dumping and
notified the ITC of the margins likely to prevail were the order
revoked. See Folding Metal Tables and Chairs from the People's Republic
of China: Notice of Final Results of Expedited Sunset Review of
Antidumping Duty Order, 72 FR 51409 (September 7, 2007). On September
20, 2007, the ITC determined, pursuant to section 751(c) of the Act,
that revocation of the AD order on folding metal tables and chairs from
the PRC would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. See Folding Metal Tables and Chairs from China, 72 FR
60389 (October 24, 2007), and USITC Publication 3952 Inv. No. 731-TA-
932 (Review) (September 2007).
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 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
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, 9403.20.0015,
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 U.S.
Customs and Border Protection purposes, the Department's written
description of the merchandise is dispositive.
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\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 ``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 AD order because it has legs that
fold in sets.\3\
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\3\ See ``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 AD order.\4\
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\4\ See ``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 AD
order.\5\
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\5\ See ``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 AD
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. 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. Although butterfly chairs, as described by the
requester have supports made of steel or other metal, they do not have
cross-braces affixed to the front and/or rear legs. The seat and back
is one piece of cloth, which also serves as the carrying bag for the
chair frame when not in use, and is therefore not affixed to the frame
with
[[Page 62628]]
screws, rivets, welds or any other type of fastener.\6\
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\6\ See ``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 the ``moon chair'' was outside the scope of the antidumping duty
order because it collapses rather than folds as a chair subject to the
order would fold, and it does not have a back pad or seat pad commonly
found in folding chairs. 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 ``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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Continuation of Order
As a result of the determinations by the Department and the ITC
that revocation of the AD order on folding metal tables and chairs from
the PRC would likely lead to continuation or recurrence of dumping and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, the Department hereby orders the
continuation of the AD order on folding metal tables and chairs from
the PRC. U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise. This review covers
imports from all manufacturers and exporters of folding metal tables
and chairs from the PRC.
The effective date of continuation of this AD order will be the
date of publication in the Federal Register of this Continuation
Notice. Pursuant to section 751(c)(2) of the Act, the Department
intends to initiate the next five-year review of this order not later
than September 2012.
This five-year or ``sunset'' review and notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: October 31, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-21798 Filed 11-5-07; 8:45 am]
BILLING CODE 3510-DS-P
