Folding Metal Tables and Chairs from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 68568-68570 [E9-30695]
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Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Notices
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Dated: December 17, 2009.
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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,
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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
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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
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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 https://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
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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
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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]
-----------------------------------------------------------------------
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 https://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\
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\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
