Folding Metal Tables and Chairs from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 68568-68570 [E9-30695]

Download as PDF 68568 Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Notices proceedings and to ensure that the associated fees and documentation are submitted to the USPTO. Affected Public: Individuals or households; businesses or other forprofits; and not-for-profit institutions. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: Nicholas A. Fraser, e-mail: Nicholas_A._Fraser@omb.eop.gov. Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at http://www.reginfo.gov. Paper copies can be obtained by: • E-mail: Susan.Fawcett@uspto.gov. Include ‘‘0651–00XX Patent Reexaminations copy request’’ in the subject line of the message. • Fax: 571–273–0112, marked to the attention of Susan K. Fawcett. • Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. Written comments and recommendations for the proposed information collection should be sent on or before January 27, 2010 to Nicholas A. Fraser, OMB Desk Officer, via e-mail at Nicholas_A._Fraser@omb.eop.gov, or by fax to 202–395–5167, marked to the attention of Nicholas A. Fraser. Dated: December 17, 2009. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer. [FR Doc. E9–30626 Filed 12–24–09; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–868] erowe on DSK5CLS3C1PROD with NOTICES Folding Metal Tables and Chairs from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) published its preliminary results of the administrative review of the antidumping duty order on folding metal tables and chairs (‘‘FMTCs’’) from the People’s Republic of China (‘‘PRC’’) on July 7, 2009.1 The 1 See Folding Metal Tables and Chairs from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 32118 (July 7, 2009) (‘‘Preliminary Results’’). VerDate Nov<24>2008 11:00 Dec 24, 2009 Jkt 220001 period of review (‘‘POR’’) is June 1, 2007, through May 31, 2008. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our margin calculations. Therefore, the final results differ from the preliminary results. The final dumping margins for this review are listed in the ‘‘Final Results of Review’’ section below. DATES: Effective Date: December 28, 2009 FOR FURTHER INFORMATION CONTACT: Giselle Cubillos or Charles Riggle, 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) 482–1778 or (202) 482– 0650, respectively. Background On July 7, 2009, the Department published its preliminary results. On July 27, 2009, Meco Corporation (‘‘Meco’’), the petitioner in the underlying investigation, and New-Tec Integration (Xiamen) Co., Ltd. (‘‘NewTec’’), a respondent, provided additional comments on the appropriate surrogate values to use as a means of valuing the factors of production, including financial statements from Maximaa Systems Limited (2007–2008) (‘‘Maximaa’’). Meco submitted on August 6, 2009, publicly available information to ‘‘rebut, clarify, or correct’’ the information submitted by New-Tec. On August 6 and 7, 2009, the Department received case briefs from Meco, New-Tec and Cosco Home and Office Products (‘‘Cosco’’), a U.S. importer of subject merchandise, respectively. Meco included a request for a public hearing in its case brief submission. On August 11, 2009, NewTec, Cosco, and Meco submitted rebuttal briefs. On September 9, 2009, the Department held a public hearing. We have conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.213. Scope of Order The products covered by this order consist of assembled and unassembled folding tables and folding chairs made primarily or exclusively from steel or other metal, as described below: (1) Assembled and unassembled folding tables made primarily or exclusively from steel or other metal (folding metal tables). Folding metal tables include square, round, PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 rectangular, and any other shapes with legs affixed with rivets, welds, or any other type of fastener, and which are made most commonly, but not exclusively, with a hardboard top covered with vinyl or fabric. Folding metal tables have legs that mechanically fold independently of one another, and not as a set. The subject merchandise is commonly, but not exclusively, packed singly, in multiple packs of the same item, or in five piece sets consisting of four chairs and one table. Specifically excluded from the scope of the order regarding folding metal tables are the following: Lawn furniture; Trays commonly referred to as ‘‘TV trays;’’ Side tables; Child-sized tables; Portable counter sets consisting of rectangular tables 36″ high and matching stools; and, Banquet tables. A banquet table is a rectangular table with a plastic or laminated wood table top approximately 28″ to 36″ wide by 48″ to 96″ long and with a set of folding legs at each end of the table. One set of legs is composed of two individual legs that are affixed together by one or more cross-braces using welds or fastening hardware. In contrast, folding metal tables have legs that mechanically fold independently of one another, and not as a set. (2) Assembled and unassembled folding chairs made primarily or exclusively from steel or other metal (folding metal chairs). Folding metal chairs include chairs with one or more cross-braces, regardless of shape or size, affixed to the front and/or rear legs with rivets, welds or any other type of fastener. Folding metal chairs include: those that are made solely of steel or other metal; those that have a back pad, a seat pad, or both a back pad and a seat pad; and those that have seats or backs made of plastic or other materials. The subject merchandise is commonly, but not exclusively, packed singly, in multiple packs of the same item, or in five piece sets consisting of four chairs and one table. Specifically excluded from the scope of the order regarding folding metal chairs are the following: Folding metal chairs with a wooden back or seat, or both; Lawn furniture; Stools; Chairs with arms; and Child-sized chairs. The subject merchandise is currently classifiable under subheadings 9401.71.0010, 9401.71.0030, 9401.79.0045, 9401.79.0050, 9403.20.015, 9403.20.0030, 9403.70.8010, 9403.70.8020, and E:\FR\FM\28DEN1.SGM 28DEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Notices 9403.70.8030 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise is dispositive. Based on a request by RPA International Pty., Ltd. and RPS, LLC (collectively, ‘‘RPA’’), the Department ruled on January 13, 2003, that RPA’s poly-fold metal folding chairs are within the scope of the order because they are identical in all material respects to the merchandise described in the petition, the initial investigation, and the determinations of the Secretary. On May 5, 2003, in response to a request by Staples, the Office Superstore Inc. (‘‘Staples’’), the Department issued a scope ruling that the chair component of Staples’ ‘‘Complete Office-To-Go,’’ a folding chair with a tubular steel frame and a seat and back of plastic, with measurements of: height: 32.5 inches; width: 18.5 inches; and depth: 21.5 inches, is covered by the scope of the order because it is identical in all material respects to the scope description in the order, but that the table component, with measurements of: width (table top): 43 inches; depth (table top): 27.375 inches; and height: 34.875 inches, has legs that fold as a unit and meets the requirements for an exemption from the scope of the order. On September 7, 2004, the Department found that table styles 4600 and 4606 produced by Lifetime Plastic Products Ltd. are within the scope of the order because these products have all of the components that constitute a folding metal table as described in the scope. On July 13, 2005, the Department issued a scope ruling determining that ‘‘butterfly’’ chairs are not within the scope of the antidumping duty order because they do not meet the physical description of merchandise covered by the scope of the order as they do not have cross braces affixed to the front and/or rear legs, and the seat and back is one piece of cloth that is not affixed to the frame with screws, rivets, welds, or any other type of fastener. On July 13, 2005, the Department issued a scope ruling determining that folding metal chairs imported by Korhani of America Inc. are within the scope of the antidumping duty order because the imported chair has a wooden seat, which is padded with foam and covered with fabric or polyvinyl chloride, attached to the tubular steel seat frame with screws, and has cross-braces affixed to its legs. On May 1, 2006, the Department issued a scope ruling determining that ‘‘moon chairs’’ are not included within VerDate Nov<24>2008 11:00 Dec 24, 2009 Jkt 220001 the scope of the antidumping duty order because moon chairs have different physical characteristics, different uses, and are advertised differently than chairs covered by the scope of the order. On October 4, 2007, the Department issued a scope ruling determining that International E–Z Up Inc.’s (‘‘E–Z Up’’) Instant Work Bench is not included within the scope of the antidumping duty order because its legs and weight do not match the description of the folding metal tables in the scope of the order. On April 18, 2008, the Department issued a scope ruling determining that the VIKA Twofold 2-in-1 Workbench/ Scaffold (‘‘Twofold Workbench/ Scaffold’’) imported by Ignite USA, LLC from the PRC is not included within the scope of the antidumping duty order because its rotating leg mechanism differs from the folding metal tables subject to the order, and its weight is twice as much as the expected maximum weight for folding metal tables within the scope of the order. On May 6, 2009, the Department issued a final determination of circumvention, determining that imports from the PRC of folding metal tables with legs connected by cross– bars, so that the legs fold in sets, and otherwise meeting the description of in– scope merchandise, are circumventing the order and are properly considered to be within the class or kind of merchandise subject to the order on FMTCs from the PRC. On May 22, 2009, the Department issued a scope ruling determining that folding metal chairs that have legs that are not connected with cross-bars are within the scope of the antidumping duty order on folding metal tables and chairs from the PRC. On October 27, 2009, the Department issued a scope ruling that Lifetime Products, Inc.’s (‘‘Lifetime’’) fold-in-half adjustable height tables are not included within the scope of the antidumping duty order because Lifetime’s tables essentially share the physical characteristics of banquet tables, which are expressly excluded from the scope of the order and, therefore, are outside the scope of the order. Analysis of Comments Received All issues raised in the postpreliminary comments by parties in this review are addressed in the memorandum from John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the 2007–2008 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 68569 Administrative Review of Folding Metal Tables and Chairs from the People’s Republic of China’’ (December 18, 2009) (‘‘Issues and Decision Memorandum’’), which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’) in room 1117 in the main Department building, and is also accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made changes in the margin calculations for New-Tec. We have revised the calculation of normal value to include certain market economy purchases reported by NewTec and previously valued with a surrogate value from India, and have revised the surrogate financial ratios to rely upon contemporaneous financial statements from Maximaa.2 Final Results of Review We determine that the following dumping margins exist for the POR: Exporter/manufacturer Weighted-average margin percentage New-Tec* ...................... 0.12 * This rate is de minimis. Assessment The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For assessment purposes, we calculated exporter/importer- (or customer) specific assessment rates for merchandise subject to this review. Where appropriate, we calculated an ad valorem rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total entered values associated with those transactions. For dutyassessment rates calculated on this basis, we will direct CBP to assess the resulting ad valorem rate against the 2 See Memorandum to the File, ‘‘Final Results of the 2006–2007 Administrative Review of Folding Metal Tables and Chairs from the People’s Republic of China: Surrogate Value Memorandum to the File,’’ at Comment 1 (December 18, 2009) (‘‘Final Surrogate Value Memorandum’’). E:\FR\FM\28DEN1.SGM 28DEN1 68570 Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Notices entered customs values for the subject merchandise. Where appropriate, we calculated a per-unit rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total sales quantity associated with those transactions. For duty-assessment rates calculated on this basis, we will direct CBP to assess the resulting per-unit rate against the entered quantity of the subject merchandise. Where an importer- (or customer) specific assessment rate is de minimis under 19 CFR 351.106(c) (i.e., less than 0.50 percent), the Department will instruct CBP to assess that importer (or customer’s) entries of subject merchandise without regard to antidumping duties. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this review. erowe on DSK5CLS3C1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the 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 by section 751(a)(2)(C) of the Act: (1) For New-Tec, the cash deposit rate will be the companyspecific rate established in the final results of review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 70.71 percent; and (4) for all non-PRC exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the review period. Pursuant to 19 CFR 351.402(f)(3), failure to comply with this requirement could result in VerDate Nov<24>2008 11:00 Dec 24, 2009 Jkt 220001 the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO as explained in the administrative protective order itself. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice of the final results of this administrative review is issued and published in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: December 18, 2009. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix List of Comments and Issues in the Issues and Decision Memorandum Comment 1: Use of the Appropriate Financial Statements for Calculation of Surrogate Financial Ratios Comment 2: Use of Market Economy Purchase Prices for Certain New-Tec Factors of Production Comment 3: Selection of HTS Classifications for Certain Surrogate Values [FR Doc. E9–30695 Filed 12–24–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–812] Honey from Argentina: Preliminary Results of Antidumping Duty Administrative Review and Intent To Revoke Order in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on honey from Argentina. The review covers one company (see ‘‘Background’’ section of this notice for further explanation). The period of review (POR) is December 1, 2007, through November 30, 2008. We preliminarily determine that sales of honey from Argentina have not been made below normal value (NV) by Asociacion de Cooperativas Argentinas (ACA) during the POR. We also PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 preliminarily intend to revoke ACA from the antidumping duty order pursuant to its request dated December 30, 2008. If these preliminary results are adopted in our final results of administrative review, we will issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP). Interested parties are invited to comment on these preliminary results. See ‘‘Preliminary Results of Review,’’ below. DATES: Effective Date: December 29, 2009. FOR FURTHER INFORMATION CONTACT: John Drury, Dena Crossland, or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Room 7850, Washington, DC 20230; telephone (202) 482–0195, (202) 482–3362, or (202) 482– 3019, respectively. SUPPLEMENTARY INFORMATION: Background On December 10, 2001, the Department published the antidumping duty order on honey from Argentina. See Notice of Antidumping Duty Order: Honey From Argentina, 66 FR 63672 (December 10, 2001). On December 1, 2008, the Department published in the Federal Register its notice of opportunity to request an administrative review of this order. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 73 FR 72764 (December 1, 2008). In response, on December 30, 2008, ACA requested an administrative review of the antidumping duty order on honey from Argentina for the period December 1, 2007, through November 30, 2008. On December 31, 2008, the American Honey Producers Association and Sioux Honey Association (collectively, petitioners) requested an administrative review of the antidumping duty order on honey from Argentina for the period December 1, 2007, through November 30, 2008. Specifically, petitioners requested that the Department conduct an administrative review of entries of subject merchandise made by 17 Argentine producers/exporters.1 Also on December 31, 2008, Nexco S.A. (Nexco) requested an administrative review of the antidumping duty order on honey from Argentina for the period December 1 Petitioners requested Compania Apicola Argentina S.A. (CAA) and Mielar S.A. (Mielar) as separate entities. However, in a previous segment of this proceeding, the Department treated these two companies as a single entity. E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Notices]
[Pages 68568-68570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30695]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-868]


Folding Metal Tables and Chairs from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its 
preliminary results of the administrative review of the antidumping 
duty order on folding metal tables and chairs (``FMTCs'') from the 
People's Republic of China (``PRC'') on July 7, 2009.\1\ The period of 
review (``POR'') is June 1, 2007, through May 31, 2008. We invited 
interested parties to comment on our preliminary results. Based on our 
analysis of the comments received, we have made changes to our margin 
calculations. Therefore, the final results differ from the preliminary 
results. The final dumping margins for this review are listed in the 
``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\  See Folding Metal Tables and Chairs from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, 74 FR 32118 (July 7, 2009) (``Preliminary 
Results'').

---------------------------------------------------------------------------
DATES: Effective Date: December 28, 2009

FOR FURTHER INFORMATION CONTACT: Giselle Cubillos or Charles Riggle, 
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-
1778 or (202) 482-0650, respectively.

Background

    On July 7, 2009, the Department published its preliminary results. 
On July 27, 2009, Meco Corporation (``Meco''), the petitioner in the 
underlying investigation, and New-Tec Integration (Xiamen) Co., Ltd. 
(``New-Tec''), a respondent, provided additional comments on the 
appropriate surrogate values to use as a means of valuing the factors 
of production, including financial statements from Maximaa Systems 
Limited (2007-2008) (``Maximaa''). Meco submitted on August 6, 2009, 
publicly available information to ``rebut, clarify, or correct'' the 
information submitted by New-Tec. On August 6 and 7, 2009, the 
Department received case briefs from Meco, New-Tec and Cosco Home and 
Office Products (``Cosco''), a U.S. importer of subject merchandise, 
respectively. Meco included a request for a public hearing in its case 
brief submission. On August 11, 2009, New-Tec, Cosco, and Meco 
submitted rebuttal briefs. On September 9, 2009, the Department held a 
public hearing.
    We have conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (``the Act''), and 19 
CFR 351.213.

Scope of Order

    The products covered by this order consist of assembled and 
unassembled folding tables and folding chairs made primarily or 
exclusively from steel or other metal, as described below:
    (1) Assembled and unassembled folding tables made primarily or 
exclusively from steel or other metal (folding metal tables). Folding 
metal tables include square, round, rectangular, and any other shapes 
with legs affixed with rivets, welds, or any other type of fastener, 
and which are made most commonly, but not exclusively, with a hardboard 
top covered with vinyl or fabric. Folding metal tables have legs that 
mechanically fold independently of one another, and not as a set. The 
subject merchandise is commonly, but not exclusively, packed singly, in 
multiple packs of the same item, or in five piece sets consisting of 
four chairs and one table. Specifically excluded from the scope of the 
order regarding folding metal tables are the following:
    Lawn furniture;
    Trays commonly referred to as ``TV trays;''
    Side tables;
    Child-sized tables;
    Portable counter sets consisting of rectangular tables 36'' high 
and matching stools; and,
    Banquet tables. A banquet table is a rectangular table with a 
plastic or laminated wood table top approximately 28'' to 36'' wide by 
48'' to 96'' long and with a set of folding legs at each end of the 
table. One set of legs is composed of two individual legs that are 
affixed together by one or more cross-braces using welds or fastening 
hardware. In contrast, folding metal tables have legs that mechanically 
fold independently of one another, and not as a set.
    (2) Assembled and unassembled folding chairs made primarily or 
exclusively from steel or other metal (folding metal chairs). Folding 
metal chairs include chairs with one or more cross-braces, regardless 
of shape or size, affixed to the front and/or rear legs with rivets, 
welds or any other type of fastener. Folding metal chairs include: 
those that are made solely of steel or other metal; those that have a 
back pad, a seat pad, or both a back pad and a seat pad; and those that 
have seats or backs made of plastic or other materials. The subject 
merchandise is commonly, but not exclusively, packed singly, in 
multiple packs of the same item, or in five piece sets consisting of 
four chairs and one table. Specifically excluded from the scope of the 
order regarding folding metal chairs are the following:
    Folding metal chairs with a wooden back or seat, or both;
    Lawn furniture;
    Stools;
    Chairs with arms; and
    Child-sized chairs.
    The subject merchandise is currently classifiable under subheadings 
9401.71.0010, 9401.71.0030, 9401.79.0045, 9401.79.0050, 9403.20.015, 
9403.20.0030, 9403.70.8010, 9403.70.8020, and

[[Page 68569]]

9403.70.8030 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheadings are provided for 
convenience and customs purposes, the Department's written description 
of the merchandise is dispositive.
    Based on a request by RPA International Pty., Ltd. and RPS, LLC 
(collectively, ``RPA''), the Department ruled on January 13, 2003, that 
RPA's poly-fold metal folding chairs are within the scope of the order 
because they are identical in all material respects to the merchandise 
described in the petition, the initial investigation, and the 
determinations of the Secretary.
    On May 5, 2003, in response to a request by Staples, the Office 
Superstore Inc. (``Staples''), the Department issued a scope ruling 
that the chair component of Staples' ``Complete Office-To-Go,'' a 
folding chair with a tubular steel frame and a seat and back of 
plastic, with measurements of: height: 32.5 inches; width: 18.5 inches; 
and depth: 21.5 inches, is covered by the scope of the order because it 
is identical in all material respects to the scope description in the 
order, but that the table component, with measurements of: width (table 
top): 43 inches; depth (table top): 27.375 inches; and height: 34.875 
inches, has legs that fold as a unit and meets the requirements for an 
exemption from the scope of the order.
    On September 7, 2004, the Department found that table styles 4600 
and 4606 produced by Lifetime Plastic Products Ltd. are within the 
scope of the order because these products have all of the components 
that constitute a folding metal table as described in the scope.
    On July 13, 2005, the Department issued a scope ruling determining 
that ``butterfly'' chairs are not within the scope of the antidumping 
duty order because they do not meet the physical description of 
merchandise covered by the scope of the order as they do not have cross 
braces affixed to the front and/or rear legs, and the seat and back is 
one piece of cloth that is not affixed to the frame with screws, 
rivets, welds, or any other type of fastener.
    On July 13, 2005, the Department issued a scope ruling determining 
that folding metal chairs imported by Korhani of America Inc. are 
within the scope of the antidumping duty order because the imported 
chair has a wooden seat, which is padded with foam and covered with 
fabric or polyvinyl chloride, attached to the tubular steel seat frame 
with screws, and has cross-braces affixed to its legs.
    On May 1, 2006, the Department issued a scope ruling determining 
that ``moon chairs'' are not included within the scope of the 
antidumping duty order because moon chairs have different physical 
characteristics, different uses, and are advertised differently than 
chairs covered by the scope of the order.
    On October 4, 2007, the Department issued a scope ruling 
determining that International E-Z Up Inc.'s (``E-Z Up'') Instant Work 
Bench is not included within the scope of the antidumping duty order 
because its legs and weight do not match the description of the folding 
metal tables in the scope of the order.
    On April 18, 2008, the Department issued a scope ruling determining 
that the VIKA Twofold 2-in-1 Workbench/Scaffold (``Twofold Workbench/
Scaffold'') imported by Ignite USA, LLC from the PRC is not included 
within the scope of the antidumping duty order because its rotating leg 
mechanism differs from the folding metal tables subject to the order, 
and its weight is twice as much as the expected maximum weight for 
folding metal tables within the scope of the order.
    On May 6, 2009, the Department issued a final determination of 
circumvention, determining that imports from the PRC of folding metal 
tables with legs connected by cross-bars, so that the legs fold in 
sets, and otherwise meeting the description of in-scope merchandise, 
are circumventing the order and are properly considered to be within 
the class or kind of merchandise subject to the order on FMTCs from the 
PRC.
    On May 22, 2009, the Department issued a scope ruling determining 
that folding metal chairs that have legs that are not connected with 
cross-bars are within the scope of the antidumping duty order on 
folding metal tables and chairs from the PRC.
    On October 27, 2009, the Department issued a scope ruling that 
Lifetime Products, Inc.'s (``Lifetime'') fold-in-half adjustable height 
tables are not included within the scope of the antidumping duty order 
because Lifetime's tables essentially share the physical 
characteristics of banquet tables, which are expressly excluded from 
the scope of the order and, therefore, are outside the scope of the 
order.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from John M. Andersen, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, ``Issues and Decision Memorandum for the 2007-
2008 Administrative Review of Folding Metal Tables and Chairs from the 
People's Republic of China'' (December 18, 2009) (``Issues and Decision 
Memorandum''), which is hereby adopted by this notice. A list of the 
issues that parties raised and to which we responded in the Issues and 
Decision Memorandum is attached to this notice as an appendix. The 
Issues and Decision Memorandum is a public document and is on file in 
the Central Records Unit (``CRU'') in room 1117 in the main Department 
building, and is also accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for New-Tec. We have revised the calculation of 
normal value to include certain market economy purchases reported by 
New-Tec and previously valued with a surrogate value from India, and 
have revised the surrogate financial ratios to rely upon 
contemporaneous financial statements from Maximaa.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum to the File, ``Final Results of the 2006-2007 
Administrative Review of Folding Metal Tables and Chairs from the 
People's Republic of China: Surrogate Value Memorandum to the 
File,'' at Comment 1 (December 18, 2009) (``Final Surrogate Value 
Memorandum'').
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Final Results of Review

    We determine that the following dumping margins exist for the POR:

 
------------------------------------------------------------------------
                                                       Weighted-average
               Exporter/manufacturer                  margin percentage
------------------------------------------------------------------------
New-Tec*...........................................                0.12
------------------------------------------------------------------------
* This rate is de minimis.

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this review. For assessment purposes, we calculated 
exporter/importer- (or customer) specific assessment rates for 
merchandise subject to this review. Where appropriate, we calculated an 
ad valorem rate for each importer (or customer) by dividing the total 
dumping margins for reviewed sales to that party by the total entered 
values associated with those transactions. For duty-assessment rates 
calculated on this basis, we will direct CBP to assess the resulting ad 
valorem rate against the

[[Page 68570]]

entered customs values for the subject merchandise. Where appropriate, 
we calculated a per-unit rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. Where an importer- (or customer) specific assessment rate 
is de minimis under 19 CFR 351.106(c) (i.e., less than 0.50 percent), 
the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties. The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the 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 by section 751(a)(2)(C) of the Act: (1) For New-Tec, the cash 
deposit rate will be the company-specific rate established in the final 
results of review (except, if the rate is zero or de minimis, no cash 
deposit will be required); (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that have separate rates, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most recent period; (3) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 70.71 
percent; and (4) for all non-PRC exporters of subject merchandise that 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the PRC exporters that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice of the final results of this administrative review is 
issued and published in accordance with sections 751(a)(1) and 777(i) 
of the Act.

     Dated: December 18, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

Comment 1: Use of the Appropriate Financial Statements for 
Calculation of Surrogate Financial Ratios
Comment 2: Use of Market Economy Purchase Prices for Certain New-Tec 
Factors of Production
Comment 3: Selection of HTS Classifications for Certain Surrogate 
Values

[FR Doc. E9-30695 Filed 12-24-09; 8:45 am]
BILLING CODE 3510-DS-P