Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 11085-11087 [E9-5627]
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
Extension of Time Limit of Preliminary
Results
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 or finding for which
a review is requested. Section
751(a)(3)(A) of the Act further states that
if it is not practicable to complete the
review within the time period specified,
the administering authority may extend
the 245-day period to issue its
preliminary results by up to 120 days.
We determine that completion of the
preliminary results of this review within
the 245-day period is not practicable
because the Department requested
additional information from all
interested parties regarding wheat code
classifications for model match.1 Wheat
code classification is an integral part in
making comparisons between home
market and U.S. sales in the
Department’s margin calculations in this
proceeding. Given the complexity of
this issue and in accordance with
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2), we are extending the
time period for issuing the preliminary
results of review by 120 days. Therefore,
the preliminary results are now due no
later than July 31, 2009. The final
results continue to be due 120 days after
publication of the preliminary results.
This notice is issued and published
pursuant to sections 751(a) and 777(i) of
the Act.
Dated: March 9, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–5668 Filed 3–13–09; 8:45 am]
BILLING CODE 3510–DS–S
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 9, 2008, the
U.S. Department of Commerce (the
1 See Memo from the Department entitled
‘‘Request for Comments on Wheat Code
Classifications,’’ dated January 9, 2009.
VerDate Nov<24>2008
15:38 Mar 13, 2009
Jkt 217001
Department) published the preliminary
results of the 2006 2007 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 eople’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review, 73 FR 52277 (September 9,
2008) (AR3 Preliminary Results). This
review covers two exporters. The period
of review (POR) is August 1, 2006
through July 31, 2007. 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’’.
EFFECTIVE DATE: March 16, 2009.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published in the Federal Register
the preliminary results of the second
administrative review on September 9,
2008. See AR3 Preliminary Results.
Following the AR3 Preliminary
Results, on October 8 and October 10,
2008, the Department received
respective case briefs from Since
Hardware and from Home Products
International (the Petitioner in this
case). On October 14, and October 17,
2008, respectively Petitioner and Since
Hardware submitted rebuttal briefs. On
January 5, 2009, the Department
extended the time frame for publication
of 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, 74 FR 267
(January 5, 2009).
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
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11085
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
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11086
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
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.
Issues and Decision Memorandum can
be accessed directly on the Web at
https://trade.gov/ia. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Separate Rates
Since Hardware and Forever Holdings
requested a separate, company–specific
antidumping duty rate. In the AR3
Preliminary Results, we found that both
Since Hardware and Forever Holdings
had met the criteria for the application
of a separate antidumping duty rate. See
Preliminary Results, 72 FR at 52278.
We have determined that because
Since Hardware has provided inaccurate
and unreliable data, it is no longer
eligible for separate rate status, and thus
is properly considered to be part of the
PRC–wide entity. See Issues and
Decision Memorandum at page 6. See
also, Carbazole Violet Pigment 23 from
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, 74 FR 883
(January 9, 2009) (where the Department
revoked a respondent’s separate rate
status after the respondent refused to
cooperate with the Department’s
administrative review). We have not
received any information since the
Preliminary Results with respect to
Forever Holdings that would warrant
reconsideration of our separate–rates
determination. Therefore, we have
assigned an individual dumping margin
to Forever Holdings for this review
period.
Changes since the Preliminary Results
Based on the comments received from
interested parties, we have based our
analysis for the PRC–wide entity, which
includes Since Hardware on AFA. See
Comment 1 of the Issues and Decision
Memorandum for the discussion of the
basis for, and the application of, AFA;
see also Memorandum from Richard
Weible, Director, Office 7 to John M.
Andersen, Acting Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Since
Hardware (Guangzhou) Co., Ltd’s. Claim
Regarding Market Economy Purchases,
and Use of Adverse Facts Available,’’
dated March 9, 2009 (AFA
Memorandum).
We have also used the financial
statements of Infiniti Modules for the
year ended March 31, 2007 to calculate
factory overhead, SG&A expenses and
profit in the final results calculations for
Forever Holdings. See Comment 2 of the
Issues and Decision Memorandum.
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,
Acting Assistant Secretary for Import
Administration, from John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations entitled ‘‘Issues and
Decision Memorandum for the Final
Results in the Administrative Review of
Floor–Standing, Metal–Top Ironing
Tables and Certain Parts Thereof from
the People’s Republic of China’’, (March
9, 2009) (Issues and Decision
Memorandum), which is hereby
adopted by this notice. A list of the
issues raised, all of which are in the
Issues and Decision Memorandum, is
attached to this notice as Appendix I.
Parties can find a complete discussion
of all issues raised in the briefs and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit (CRU), room
1117 of the Department of Commerce. In
addition, a complete version of the
VerDate Nov<24>2008
15:38 Mar 13, 2009
Jkt 217001
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 Since
Hardware the cash deposit rate will be
157.68 percent; (2) for Forever Holdings,
the Department has calculated a zero
percent margin for these final results,
and therefore no cash deposit will be
required for this company; (3) for
Final Results of Review
previously–investigated or reviewed
We determine that the following
PRC and non–PRC exporters not listed
antidumping duty margins exist in these above that have separate rates, the cash
final results:
deposit rate will continue to be the
exporter–specific rate published for the
Exporter
Margin (percent)
most recent period; (4) for all PRC
exporters of subject merchandise that
PRC–wide Entity (which
have not been found to be entitled to a
includes Since Hardware) .........................
157.68 % separate rate, including those
companies for which this review has
Forever Holdings Limited ............................
0.00% been rescinded, the cash deposit rate
will be the PRC–wide rate of 157.68
See AFA Memorandum for discussion percent; and (5) for all non–PRC
of the basis for, and application of, AFA exporters of subject merchandise which
with respect to the PRC–wide entity,
have not received their own rate, the
which includes Since Hardware. For
cash deposit rate will be the rate
details on the calculation of the
applicable to the PRC exporters that
antidumping duty weighted–average
supplied that non–PRC exporter. These
margin for Forever Holdings, see
deposit requirements, when imposed,
Memorandum to the File; from Michael
shall remain in effect until further
J. Heaney, Senior International Trade
notice.
Compliance Analyst; ‘‘Floor–Standing,
Notification to Interested Parties
Metal–Top Ironing Tables and Certain
This notice also serves as the final
Parts Thereof from the People’s
reminder to importers of their
Republic of China: Forever Holdings
responsibility under 19 CFR 351.402(f)
Limited (Forever Holdings) Analysis
to file a certificate regarding the
Memorandum for the Final Results,’’
reimbursement of antidumping duties
dated March 9, 2009. The public
prior to liquidation of the relevant
versions of both memoranda are on file
entries during this review period.
in the CRU.
Failure to comply with this requirement
Assessment Rates
could result in the Secretary’s
Pursuant to section 751(a)(2)(A) of the presumption that reimbursement of
Tariff Act of 1930, as amended (the Act) antidumping duties occurred and in the
and 19 CFR 351.212(b), the Department
subsequent assessment of double
will determine, and CBP shall assess,
antidumping duties.
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16MRN1
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
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.
Dated: March 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I
Issues in Decision Memorandum
Comment 1: Since Hardware’s Claimed
Purchases of Inputs from Market
Economy Suppliers; Use of Adverse
Facts Available
Comment 2: Proper Financial
Statements to Use in Calculating
Respondents’ Financial Expenses
[FR Doc. E9–5627 Filed 3–13–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–863
Honey from the People’s Republic of
China: Partial Rescission of the
Seventh Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 16, 2009.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand or Blaine Wiltse,
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC 20230;
telephone: (202) 482–3207 or (202) 482–
6345, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2009, the Department
of Commerce (‘‘Department’’) published
a notice of initiation of an
administrative review of the
antidumping duty order on honey from
the People’s Republic of China (‘‘PRC’’)
VerDate Nov<24>2008
15:38 Mar 13, 2009
Jkt 217001
covering the period December 1, 2007,
through November 30, 2008. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 74 FR 5821 (February 2, 2009).
On February 23, 2009, the American
Honey Producers Association and the
Sioux Honey Association (collectively
‘‘Petitioners’’) timely withdrew their
request for an administrative review for
the following 33 companies: Alfred L.
Wolff (Beijing) Co., Ltd., Anhui Honghui
Foodstuff (Group) Co., Ltd., Cheng Du
Wai Yuan Bee Products Co., Ltd.,
Chengdu Stone Dynasty Art Stone,
Eurasia Bee’s Products Co., Ltd., Fresh
Honey Co., Ltd. (formerly Mgl. Yun
Shen), Golden Tadco Int’l, Hangzhou
Golden Harvest Health Industry Co.,
Ltd., Haoliluck Co., Ltd., Hubei Yusun
Co., Ltd., Inner Mongolia Altin Bee–
Keeping, Jiangsu Kanghong Natural
Healthfoods Co., Ltd., Jiangsu Light
Industry Products Imp & Exp (Group)
Corp., Jilin Province Juhui Import,
Maersk Logistics (China) Company Ltd.,
Nefelon Limited Company, Ningbo
Shengye Electric Appliance, Ningbo
Shunkang Health Food Co., Ltd.,
Qingdao Aolan Trade Co., Ltd., QHD
Sanhai Honey Co., Ltd., Renaissance
India Mannite, Shaanxi Youthsun Co.
Ltd., Shanghai Bloom International
Trading Co., Ltd., Shanghai Foreign
Trade Co., Ltd., Shanghai Hui Ai Mal
Tose Co., Ltd., Shanghai Taiside
Trading Co., Ltd., Sichuan–Dujiangyan
Dubao Bee Industrial Co., Ltd.,
Silverstream International Co., Ltd.,
Tianjin Eulia Honey Co., Ltd., Wuhan
Bee Healthy Co., Ltd., Wuhan Shino–
Food Trade Co., Ltd., Wuhu Qinshi
Tangye, and Xinjiang Jinhui Food Co.,
Ltd. Petitioners were the only party to
request a review of the entries of subject
merchandise exported by these
companies.
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within ninety days of the
date of publication of notice of initiation
of the requested review. Because
Petitioners’ withdrawal of requests for
review was timely and no other party
requested a review of the
aforementioned companies, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding this review with
respect to the 33 aforementioned
companies for which Petitioners
withdrew their request for an
administrative review.
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11087
Assessment Rates
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. For those
companies for which this review has
been rescinded and which have a
separate rate from a prior segment of
this proceeding, antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(2). The Department will
issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice for the
following companies: Anhui Honghui
Foodstuff (Group) Co., Ltd., Jiangsu
Kanghong Natural Healthfoods Co., Ltd.,
Shanghai Taiside Trading Co., Ltd., and
Wuhan Bee Healthy Co., Ltd.
The Department cannot order
liquidation for companies which,
although they are no longer under
review as a separate entity, may still be
under review as part of the PRC–wide
entity. Therefore, the Department
cannot, at this time, order liquidation of
entries for the following companies:
Alfred L. Wolff (Beijing) Co., Ltd.,
Cheng Du Wai Yuan Bee Products Co.,
Ltd., Chengdu Stone Dynasty Art Stone,
Eurasia Bee’s Products Co., Ltd., Fresh
Honey Co., Ltd. (formerly Mgl. Yun
Shen), Golden Tadco Int’l, Hangzhou
Golden Harvest Health Industry Co.,
Ltd., Haoliluck Co., Ltd., Hubei Yusun
Co., Ltd., Inner Mongolia Altin Bee–
Keeping, Jiangsu Light Industry
Products Imp & Exp (Group) Corp., Jilin
Province Juhui Import, Maersk Logistics
(China) Company Ltd., Nefelon Limited
Company, Ningbo Shengye Electric
Appliance, Ningbo Shunkang Health
Food Co., Ltd., Qingdao Aolan Trade
Co., Ltd., QHD Sanhai Honey Co., Ltd.,
Renaissance India Mannite, Shaanxi
Youthsun Co. Ltd., Shanghai Bloom
International Trading Co., Ltd.,
Shanghai Foreign Trade Co., Ltd.,
Shanghai Hui Ai Mal Tose Co., Ltd.,
Sichuan–Dujiangyan Dubao Bee
Industrial Co., Ltd., Silverstream
International Co., Ltd., Tianjin Eulia
Honey Co., Ltd., Wuhan Shino–Food
Trade Co., Ltd., Wuhu Qinshi Tangye,
and Xinjiang Jinhui Food Co., Ltd.
Notification to Importers
This notice serves as a final reminder
to importers for whom this review is
being rescinded, as of the publication
date of this notice, of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
E:\FR\FM\16MRN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Pages 11085-11087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5627]
-----------------------------------------------------------------------
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 9, 2008, the U.S. Department of Commerce (the
Department) published the preliminary results of the 2006 2007
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 eople's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 73 FR 52277 (September 9, 2008) (AR3 Preliminary
Results). This review covers two exporters. The period of review (POR)
is August 1, 2006 through July 31, 2007. 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''.
EFFECTIVE DATE: March 16, 2009.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published in the Federal Register the preliminary results of the
second administrative review on September 9, 2008. See AR3 Preliminary
Results.
Following the AR3 Preliminary Results, on October 8 and October 10,
2008, the Department received respective case briefs from Since
Hardware and from Home Products International (the Petitioner in this
case). On October 14, and October 17, 2008, respectively Petitioner and
Since Hardware submitted rebuttal briefs. On January 5, 2009, the
Department extended the time frame for publication of 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, 74 FR 267 (January 5, 2009).
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
[[Page 11086]]
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
Since Hardware and Forever Holdings requested a separate, company-
specific antidumping duty rate. In the AR3 Preliminary Results, we
found that both Since Hardware and Forever Holdings had met the
criteria for the application of a separate antidumping duty rate. See
Preliminary Results, 72 FR at 52278.
We have determined that because Since Hardware has provided
inaccurate and unreliable data, it is no longer eligible for separate
rate status, and thus is properly considered to be part of the PRC-wide
entity. See Issues and Decision Memorandum at page 6. See also,
Carbazole Violet Pigment 23 from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review, 74 FR 883 (January
9, 2009) (where the Department revoked a respondent's separate rate
status after the respondent refused to cooperate with the Department's
administrative review). We have not received any information since the
Preliminary Results with respect to Forever Holdings that would warrant
reconsideration of our separate-rates determination. Therefore, we have
assigned an individual dumping margin to Forever Holdings 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,
Acting Assistant Secretary for Import Administration, from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations entitled ``Issues and Decision
Memorandum for the Final Results in the Administrative Review of Floor-
Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the
People's Republic of China'', (March 9, 2009) (Issues and Decision
Memorandum), which is hereby adopted by this notice. A list of the
issues raised, all of which are in the Issues and Decision Memorandum,
is attached to this notice as Appendix I. Parties can find a complete
discussion of all issues raised in the briefs and the corresponding
recommendations in this public memorandum, which is on file in the
Central Records Unit (CRU), room 1117 of the Department of Commerce. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Web at https://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
based our analysis for the PRC-wide entity, which includes Since
Hardware on AFA. See Comment 1 of the Issues and Decision Memorandum
for the discussion of the basis for, and the application of, AFA; see
also Memorandum from Richard Weible, Director, Office 7 to John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ``Since Hardware (Guangzhou) Co.,
Ltd's. Claim Regarding Market Economy Purchases, and Use of Adverse
Facts Available,'' dated March 9, 2009 (AFA Memorandum).
We have also used the financial statements of Infiniti Modules for
the year ended March 31, 2007 to calculate factory overhead, SG&A
expenses and profit in the final results calculations for Forever
Holdings. See Comment 2 of the Issues and Decision Memorandum.
Final Results of Review
We determine that the following antidumping duty margins exist in
these final results:
------------------------------------------------------------------------
Exporter Margin (percent)
------------------------------------------------------------------------
PRC-wide Entity (which includes Since Hardware)..... 157.68 %
Forever Holdings Limited............................ 0.00%
------------------------------------------------------------------------
See AFA Memorandum for discussion of the basis for, and application
of, AFA with respect to the PRC-wide entity, which includes Since
Hardware. For details on the calculation of the antidumping duty
weighted-average margin for Forever Holdings, 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: Forever Holdings Limited
(Forever Holdings) Analysis Memorandum for the Final Results,'' dated
March 9, 2009. 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 Since Hardware
the cash deposit rate will be 157.68 percent; (2) for Forever Holdings,
the Department has calculated a zero percent margin for these final
results, and therefore no cash deposit will be required for this
company; (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, including
those companies for which this review has been rescinded, 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.
[[Page 11087]]
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.
Dated: March 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
Issues in Decision Memorandum
Comment 1: Since Hardware's Claimed Purchases of Inputs from Market
Economy Suppliers; Use of Adverse Facts Available
Comment 2: Proper Financial Statements to Use in Calculating
Respondents' Financial Expenses
[FR Doc. E9-5627 Filed 3-13-09; 8:45 am]
BILLING CODE 3510-DS-S
