Folding Metal Tables and Chairs From the People's Republic of China: Final Results of 2007-2008 Deferred Antidumping Duty Administrative Review and Final Results of 2008-2009 Antidumping Duty Administrative Review, 2883-2886 [2011-925]
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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices
Dated: January 10, 2011.
Randal D. Charles,
Acting Designated Federal Officer.
[FR Doc. 2011–869 Filed 1–14–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Humboldt Resource Advisory
Committee (RAC)
Forest Service, USDA.
Notice of Meeting.
AGENCY:
The Humboldt Resource
Advisory Committee (RAC) will meet in
Eureka, California. The committee
meeting is authorized under the Secure
Rural Schools and Community SelfDetermination Act (Pub. L. 110–343)
and in compliance with the Federal
Advisory Committee Act.
DATES: The meeting will be held
February 1, 2011, from 5 p.m. to 7 p.m.
ADDRESSES: The meeting will be held at
the Six Rivers National Forest Office,
1330 Bayshore Way, Eureka, CA 95501.
FOR FURTHER INFORMATION CONTACT:
Adam Dellinger, Committee
Coordinator, at (707) 441–3569; e-mail
adellinger@fs.fed.us.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public. The
agenda includes a public comment
period and a review of all Title II project
proposals received to date.
SUMMARY:
Dated: January 10, 2011.
Tyrone Kelley,
Forest Supervisor.
[FR Doc. 2011–874 Filed 1–14–11; 8:45 am]
BILLING CODE 3410–11–P
COMMISSION ON CIVIL RIGHTS
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Agenda and Notice of Public Meeting
of the Wyoming Advisory Committee
Avenue, Suite 450, Cheyenne, WY
82003.
The purpose of the meeting is to
provide orientation and ethics training
for new members and brief the
committee on civil rights issues in the
State. A briefing will be conducted by
a representative of the Community
Relations Service, U.S. Department of
Justice, Denver. The committee will
discuss recent Commission and regional
activities, and plan future activities that
include addressing the state of civil
rights in Wyoming.
Members of the public are entitled to
submit written comments; the
comments must be received in the
Rocky Mountain Regional Office by
March 5, 2011. The address is 999–18th
Street, Suite 1380S, Denver, CO 80202.
Persons wishing to e-mail their
comments, or to present their comments
verbally at the meeting, or who desire
additional information should contact
Malee Craft, Regional Director, at (303)
866–1040 or by e-mail to:
mcraft@usccr.gov.
Hearing-impaired persons who will
attend the meeting and require the
services of a sign language interpreter
should contact the Regional Office at
least ten (10) working days before the
scheduled date of the meeting.
Records generated from this meeting
may be inspected and reproduced at the
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they become available, both before and
after the meeting. Persons interested in
the work of this advisory committee are
advised to go to the Commission’s Web
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the Rocky Mountain Regional Office at
the above e-mail or street address.
The meeting will be conducted
pursuant to the provisions of the rules
and regulations of the Commission and
FACA.
DEPARTMENT OF COMMERCE
Dated at Washington, DC, January 12, 2011.
Peter Minarik,
Acting Chief, Regional Programs
Coordination Unit.
Title II Projects submitted by the public.
(4) Public comment. Persons who wish
to bring related matters to the attention
of the Committee may file written
statements with the Committee staff
before or after the meeting.
ACTION:
On July 14, 2010, the Department
published its preliminary results. See
Preliminary Results. On August 3, 2010,
Meco Corporation (‘‘Meco’’), the
petitioner in the underlying
investigation, provided new surrogate
value information for the 2008–2009
review based on Indonesia, including
financial statements from PT Lion Metal
Works Tbk (‘‘Lion’’).2 New-Tec
Integration (Xiamen) Co., Ltd. (‘‘New-
[FR Doc. 2011–903 Filed 1–14–11; 8:45 am]
BILLING CODE 6335–02–P
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights (Commission), and the
regulations of the Federal Advisory
Committee Act (FACA), that a meeting
of the Wyoming Advisory Committee
will convene at 10 a.m. and adjourn at
12 p.m. (MST) on Saturday, February 5,
2011, at Holland Hart LLP, 2515 Warren
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International Trade Administration
[A–570–868]
Folding Metal Tables and Chairs From
the People’s Republic of China: Final
Results of 2007–2008 Deferred
Antidumping Duty Administrative
Review and Final Results of 2008–2009
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published its
preliminary results of the 2007–2008
deferred and 2008–2009 administrative
reviews of the antidumping duty order
on folding metal tables and chairs
(‘‘FMTCs’’) from the People’s Republic of
China (‘‘PRC’’) on July 14, 2010.1 The
periods of review (‘‘POR’’) are June 1,
2007, through May 31, 2008, for the
deferred administrative review, and
June 1, 2008, through May 31, 2009, for
the administrative review. 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 these reviews
are listed in the ‘‘Final Results of
Review’’ section below.
DATES: Effective Date: January 18, 2011.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Erin Kearney, 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) 482–6412 or (202) 482–
0167, respectively.
AGENCY:
Background
1 See Folding Metal Tables and Chairs from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, 75 FR
40788 (July 14, 2010) (‘‘Preliminary Results’’).
2 We note that in the preliminary results, we have
selected India as the surrogate country in both
2007–2008 and 2008–2009 administrative reviews.
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Tec’’), a respondent in the 2008–2009
review, submitted on August 13, 2010,
publicly available information to ‘‘rebut,
clarify, or correct’’ the information
submitted by Meco concerning the
2008–2009 review. On August 20 and
September 20, 2010,3 the Department
received case briefs from Meco for the
2007–2008 deferred and 2008–2009
reviews, respectively. On August 25 and
November 3, 2010,4 Feili Group (Fujian)
Co., Ltd. and Feili Furniture
Development Limited Quanzhou City
(‘‘Feili’’), a respondent in both reviews,
and Cosco Home and Office Products
(‘‘Cosco’’), a U.S. importer of subject
merchandise and interested party in
both reviews, submitted rebuttal briefs
for the 2007–2008 and 2008–2009
reviews, respectively. Finally, on
August 25, 2010, New-Tec submitted its
rebuttal brief for the 2008–2009 review.
We have conducted these
administrative reviews in accordance
with section 751 of the Tariff Act of
1930, as amended (‘‘the Act’’), and 19
CFR 351.213.
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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;
3 The Department rejected Meco’s original case
brief submitted on August 20, 2010 for the 2008–
2009 review because it contained untimely new
factual information.
4 The Department rejected Feili’s and Cosco’s
original rebuttal brief submitted on August 25, 2010
for the 2007–2008 review because it contained
untimely new factual information.
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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, 9401.71.011,
9401.71.0030, 9401.71.0031,
9401.79.0045, 9401.79.0046,
9401.79.0050, 9403.20.0018,
9403.20.0015, 9403.20.0030,
9403.60.8040, 9403.70.8010,
9403.70.8020, and 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.
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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/
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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.
On July 27, 2010, the Department
issued a scope ruling determining that
the bistro set imported by Academy
Sports & Outdoors, consisting of two
chairs and a table, are outside the scope
of the antidumping duty order because
they constitute lawn furniture, which is
expressly excluded from the scope of
the order.
Analysis of Comments Received
All issues raised in the postpreliminary comments by parties in
these reviews are addressed in the
memorandum from Gary Taverman,
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
Deferred Administrative Review and the
2008–2009 Administrative Review of
Folding Metal Tables and Chairs from
the People’s Republic of China’’ (January
10, 2010) (‘‘Issues and Decision
Memorandum’’), which are hereby
adopted by this notice. A list of the
issues that parties raised and to which
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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 7046 in
the main Department building, and is
also accessible on the Web at https://
www.trade.gov/ia. 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 Feili in both the
2007–2008 deferred and 2008–2009
reviews, and for New-Tec in the 2008–
2009 review. We have revised the
calculation of normal value to reflect a
change in the wage rate from $1.23 to
$1.22 for both reviews.5
Final Results of Review
We determine that the following
dumping margins exist for the POR:
Manufacturer/exporter
Feili (6/1/2007–5/31/2008) ..........
Feili (6/1/2008–5/31/2009) ..........
New-Tec (6/1/2008–5/31/2009) ..
Margin
(percent)
*0.04
*0.00
*0.00
* 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 these reviews. For
assessment purposes, we calculated
exporter/importer- (or customer)
specific assessment rates for
merchandise subject to these reviews.
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
entered customs values for the subject
5 See Analysis for the Final Results of the 2007–
2008 Deferred Administrative Review of Folding
Metal Tables and Chairs from the People’s Republic
of China: Feili Group (Fujian) Co., Ltd. and Feili
Furniture Development Limited Quanzhou City
(‘‘Feili’’), Analysis for the Final Results of the 2008–
2009 Administrative Review of Folding Metal
Tables and Chairs from the People’s Republic of
China: New-Tec Integration (Xiamen) Co. Ltd .
(‘‘New-Tec’’), and Analysis for the Final Results of
the 2008–2009 Administrative Review of Folding
Metal Tables and Chairs from the People’s Republic
of China: Feili Group (Fujian) Co., Ltd. and Feili
Furniture Development Limited Quanzhou City
(‘‘Feili’’).
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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
these reviews.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of the
2008–2009 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 Feili and
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 nonPRC 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
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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: January 10, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix
List of Comments and Issues in the Issues
and Decision Memorandum
Comment 1: Selection of the Primary
Surrogate Country
A. Economic Comparability
B. Significant Production of Comparable
Merchandise
C. Best Available Surrogate Value
Information
Comment 2: Surrogate Financial Statements
A. General Comments
B. Receipt of Subsidies
C. Contemporaneity of Financial
Statements
D. Selection of Financial Statements Based
on Sales and Production
E. Selection of Financial Statements Based
on Primary Business Activity
Comment 3: Surrogate Financial Statements
Contained on the Record
Comment 4: Whether it is Appropriate To
Change the Primary Surrogate Country
Between Issuance of the Preliminary and
Final Results
[FR Doc. 2011–925 Filed 1–14–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[A–570–905]
Certain Polyester Staple Fiber From
the People’s Republic of China: Final
Results and Partial Rescission of
Second Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 14, 2010, the
Department of Commerce
AGENCY:
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(‘‘Department’’) published in the Federal
Register the preliminary results of the
second administrative review of the
antidumping duty order on certain
polyester staple fiber (‘‘PSF’’) from the
People’s Republic of China (‘‘PRC’’). See
Certain Polyester Staple Fiber From the
People’s Republic of China: Notice of
Preliminary Results and Preliminary
Rescission, in Part, of the Antidumping
Duty Administrative Review, 75 FR
40777 (July 14, 2010) (‘‘Preliminary
Results’’). We gave interested parties an
opportunity to comment on the
Preliminary Results. Based upon our
analysis of the comments and
information received, we made changes
to the margin calculations for the final
results. We continue to find that sales
have not been made below normal value
(‘‘NV’’) with respect to the mandatory
respondents who participated fully and
are entitled to a separate rate in this
administrative review.
DATES: Effective Date: January 18, 2011.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang or Steven Hampton, 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) 482–4047 and (202)
482–0116 respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2010, the Department
published the Preliminary Results of the
second administrative review of the
antidumping duty order on certain PSF
from the PRC. On July 26, 2010, Ningbo
Dafa Chemical Fiber Co., Ltd. (‘‘Ningbo
Dafa’’) and Cixi Santai Chemical Fiber
Co., Ltd. (‘‘Cixi Santai’’), the mandatory
respondents in this review, submitted
additional information regarding
domestic brokerage and handling. On
August 3, 2010, Ningbo Dafa and Cixi
Santai submitted additional surrogate
value (‘‘SV’’) information.
As part of the Preliminary Results, we
instructed interested parties to submit
case briefs on August 13, 2010, 30 days
after the publication of the Preliminary
Results. On August 3, 2010, we placed
additional export data and wage rate
data on the record of this administrative
review and invited interested parties to
comment in their case briefs with the
deadline extended to September 1,
2010. On September 1, 2010, Cixi
Sansheng Chemical Fiber Co., Ltd.,
Hangzhou Best Chemical Fibre Co., Ltd.
(‘‘Hangzhou Best’’), Hangzhou
Huachuang Co., Ltd., Hangzhou Sanxin
Paper Co., Ltd., Nantong Luolai
Chemical Fiber Co., Ltd., NanYang
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Textiles Co., Ltd., Zhejiang Waysun
Chemical Fiber Co., Ltd., Cixi Waysun
Chemical Fiber Co., Ltd., and Zhaoqing
Tifo New Fiber Co., Ltd. (collectively,
the ‘‘Certain Separate Rate Companies’’)
filed a case brief regarding what
antidumping duty rate should be
assigned to them. Also on September 1,
2010, Ningbo Dafa, Cixi Santai, the
Certain Separate Rate Companies,
Consolidated Textiles, Inc., Fibertex
Corporation, and Stein Fibers Limited
filed separate case briefs addressing the
other case issues.
On October 26, 2010, the Department
issued a memorandum regarding the
Department’s proposed industryspecific wage rate methodology for the
final results and invited interested
parties to comment. On November 5,
2010, Ningbo Dafa and Cixi Santai filed
comments on the Department’s wage
rate methodology. On November 10,
2010, DAK Americas LLC (‘‘Petitioner’’)
filed rebuttal comments.
The Department did not hold a public
hearing pursuant to 19 CFR 351.310(d),
as any hearing request made by
interested parties was withdrawn.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to these
reviews are addressed in the ‘‘Certain
Polyester Staple Fiber from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Results of
2008/2009 Administrative Review,’’
which is dated concurrently with and
adopted by this notice (‘‘Decision
Memo’’). A list of the issues which
parties raised and to which we respond
in the Decision Memo is attached to this
notice as an Appendix. The Decision
Memo is a public document and is on
file in the Central Records Unit, main
Commerce building, Room 7046, and is
accessible on the Department’s Web site
at https://www.trade.gov/ia. The paper
copy and electronic version of the
memorandum are identical in content.
Period of Review
The period of review (‘‘POR’’) is June
1, 2008, through May 31, 2009.
Scope of the Order
The merchandise covered by the order
is synthetic staple fibers, not carded,
combed or otherwise processed for
spinning, of polyesters measuring 3.3
decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to
lengths varying from one inch (25 mm)
to five inches (127 mm). The subject
merchandise may be coated, usually
with a silicon or other finish, or not
coated. PSF is generally used as stuffing
in sleeping bags, mattresses, ski jackets,
E:\FR\FM\18JAN1.SGM
18JAN1
]]>Agencies
[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Notices]
[Pages 2883-2886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-925]
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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 2007-2008 Deferred Antidumping Duty
Administrative Review and Final Results of 2008-2009 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 2007-2008 deferred and 2008-2009
administrative reviews of the antidumping duty order on folding metal
tables and chairs (``FMTCs'') from the People's Republic of China
(``PRC'') on July 14, 2010.\1\ The periods of review (``POR'') are June
1, 2007, through May 31, 2008, for the deferred administrative review,
and June 1, 2008, through May 31, 2009, for the administrative review.
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 these reviews are
listed in the ``Final Results of Review'' section below.
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\1\ See Folding Metal Tables and Chairs from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 40788 (July 14, 2010) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: January 18, 2011.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Erin Kearney,
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-
6412 or (202) 482-0167, respectively.
Background
On July 14, 2010, the Department published its preliminary results.
See Preliminary Results. On August 3, 2010, Meco Corporation
(``Meco''), the petitioner in the underlying investigation, provided
new surrogate value information for the 2008-2009 review based on
Indonesia, including financial statements from PT Lion Metal Works Tbk
(``Lion'').\2\ New-Tec Integration (Xiamen) Co., Ltd. (``New-
[[Page 2884]]
Tec''), a respondent in the 2008-2009 review, submitted on August 13,
2010, publicly available information to ``rebut, clarify, or correct''
the information submitted by Meco concerning the 2008-2009 review. On
August 20 and September 20, 2010,\3\ the Department received case
briefs from Meco for the 2007-2008 deferred and 2008-2009 reviews,
respectively. On August 25 and November 3, 2010,\4\ Feili Group
(Fujian) Co., Ltd. and Feili Furniture Development Limited Quanzhou
City (``Feili''), a respondent in both reviews, and Cosco Home and
Office Products (``Cosco''), a U.S. importer of subject merchandise and
interested party in both reviews, submitted rebuttal briefs for the
2007-2008 and 2008-2009 reviews, respectively. Finally, on August 25,
2010, New-Tec submitted its rebuttal brief for the 2008-2009 review.
---------------------------------------------------------------------------
\2\ We note that in the preliminary results, we have selected
India as the surrogate country in both 2007-2008 and 2008-2009
administrative reviews.
\3\ The Department rejected Meco's original case brief submitted
on August 20, 2010 for the 2008-2009 review because it contained
untimely new factual information.
\4\ The Department rejected Feili's and Cosco's original
rebuttal brief submitted on August 25, 2010 for the 2007-2008 review
because it contained untimely new factual information.
---------------------------------------------------------------------------
We have conducted these administrative reviews 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, 9401.71.011, 9401.71.0030, 9401.71.0031, 9401.79.0045,
9401.79.0046, 9401.79.0050, 9403.20.0018, 9403.20.0015, 9403.20.0030,
9403.60.8040, 9403.70.8010, 9403.70.8020, and 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/
[[Page 2885]]
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.
On July 27, 2010, the Department issued a scope ruling determining
that the bistro set imported by Academy Sports & Outdoors, consisting
of two chairs and a table, are outside the scope of the antidumping
duty order because they constitute lawn furniture, which is expressly
excluded from the scope of the order.
Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in
these reviews are addressed in the memorandum from Gary Taverman,
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 Deferred Administrative Review and the 2008-2009 Administrative
Review of Folding Metal Tables and Chairs from the People's Republic of
China'' (January 10, 2010) (``Issues and Decision Memorandum''), which
are 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 7046 in the main Department building, and is
also accessible on the Web at https://www.trade.gov/ia. 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 Feili in both the 2007-2008 deferred and
2008-2009 reviews, and for New-Tec in the 2008-2009 review. We have
revised the calculation of normal value to reflect a change in the wage
rate from $1.23 to $1.22 for both reviews.\5\
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\5\ See Analysis for the Final Results of the 2007-2008 Deferred
Administrative Review of Folding Metal Tables and Chairs from the
People's Republic of China: Feili Group (Fujian) Co., Ltd. and Feili
Furniture Development Limited Quanzhou City (``Feili''), Analysis
for the Final Results of the 2008-2009 Administrative Review of
Folding Metal Tables and Chairs from the People's Republic of China:
New-Tec Integration (Xiamen) Co. Ltd . (``New-Tec''), and Analysis
for the Final Results of the 2008-2009 Administrative Review of
Folding Metal Tables and Chairs from the People's Republic of China:
Feili Group (Fujian) Co., Ltd. and Feili Furniture Development
Limited Quanzhou City (``Feili'').
---------------------------------------------------------------------------
Final Results of Review
We determine that the following dumping margins exist for the POR:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Feili (6/1/2007-5/31/2008).................................. *0.04
Feili (6/1/2008-5/31/2009).................................. *0.00
New-Tec (6/1/2008-5/31/2009)................................ *0.00
------------------------------------------------------------------------
* 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 these reviews. For assessment purposes, we calculated
exporter/importer- (or customer) specific assessment rates for
merchandise subject to these reviews. 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 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 these reviews.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of the 2008-2009 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 Feili and 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
[[Page 2886]]
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: January 10, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Issues and Decision Memorandum
Comment 1: Selection of the Primary Surrogate Country
A. Economic Comparability
B. Significant Production of Comparable Merchandise
C. Best Available Surrogate Value Information
Comment 2: Surrogate Financial Statements
A. General Comments
B. Receipt of Subsidies
C. Contemporaneity of Financial Statements
D. Selection of Financial Statements Based on Sales and
Production
E. Selection of Financial Statements Based on Primary Business
Activity
Comment 3: Surrogate Financial Statements Contained on the Record
Comment 4: Whether it is Appropriate To Change the Primary Surrogate
Country Between Issuance of the Preliminary and Final Results
[FR Doc. 2011-925 Filed 1-14-11; 8:45 am]
BILLING CODE 3510-DS-P
