Folding Metal Tables and Chairs From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review, and Revocation of the Order in Part, 66036-66039 [2011-27576]
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66036
Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Notices
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: October 19, 2011.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2011–27507 Filed 10–24–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–868]
Folding Metal Tables and Chairs From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review and New
Shipper Review, and Revocation of the
Order in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published its
Preliminary Results of administrative
review (‘‘AR’’) of the antidumping duty
order, new shipper review (‘‘NSR’’), and
intent to revoke order in part, on folding
metal tables and chairs from the
People’s Republic of China (‘‘PRC’’) on
June 20, 2011.1 The period of review
(‘‘POR’’) for both reviews is June 1,
2009, through May 31, 2010. 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: October 25, 2011.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Trisha Tran, AD/CVD
Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–6412 or (202) 482–
4852, respectively.
sroberts on DSK5SPTVN1PROD with NOTICES
AGENCY:
Background
On June 20, 2011, the Department
published its Preliminary Results. On
1 See Folding Metal Tables and Chairs from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and New
Shipper Review, and Intent to Revoke in Part, 76
FR 35832 (June 20, 2011) (‘‘Preliminary Results’’).
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July 11, 2011,2 Meco Corporation
(‘‘Meco’’), a domestic producer of the
like product and the petitioner in the
underlying investigation, and Xinjiamei
Furniture (Zhangzhou) Co., Ltd.
(‘‘Xinjiamei Furniture’’), the new
shipper in the NSR, provided new
surrogate value information for the
administrative review and NSR,
respectively. On June 28, 2011, the
Department announced its new wage
rate methodology and invited comments
from parties in both reviews. On July 5,
2011, the Department announced a
minor revision to the exchange rate
calculation methodology used to
convert the surrogate wage rate.
On July 20, 2011,3 Meco, New-Tec
Integration (Xiamen) Co., Ltd. (‘‘NewTec’’), a mandatory respondent in the
administrative review, and Lifetime
Hong Kong, Ltd. (‘‘Lifetime’’), a
separate-rate respondent in the
administrative review, submitted case
briefs for the administrative review, and
Xinjiamei Furniture submitted a case
brief in the NSR.
On July 25, 2011,4 the Department
received rebuttal briefs in the
administrative review from Meco, NewTec, Feili Group (Fujian) Co., Ltd. and
Feili Furniture Development Limited
Quanzhou City (collectively, ‘‘Feili’’), a
mandatory respondent in the
administrative review, Lifetime, and
Cosco Home and Office Products, an
importer interested party, and from
Meco for the NSR. On August 11, 2011,
the Department held a public hearing on
the administrative review.
We have conducted these reviews in
accordance with section 751 of the
Tariff Act of 1930, as amended (‘‘the
Act’’), 19 CFR 351.241, and 19 CFR
351.213.
Scope of Order
The products covered by the 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
2 The Department rejected Meco’s July 11, 2011,
surrogate value submission and Meco re-submitted
it on August 9, 2011.
3 The Department rejected Meco’s July 20, 2011,
case brief and Meco re-submitted it on August 9,
2011.
4 The Department rejected Meco’s original
rebuttal brief submitted on July 25, 2011 for the
NSR and Meco re-submitted it on August 2, 2011.
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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,
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Notices
9403.60.8040, 9403.70.8015,
9403.70.8020, and 9403.70.8031 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.
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 2009–2010
Administrative Review of Folding Metal
Tables and Chairs from the People’s
Republic of China’’ (October 18, 2011)
(‘‘Issues and Decision Memorandum of
the Administrative Review’’) and 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 2009–2010 New
Shipper Review of the Antidumping
Duty Order on Folding Metal Tables and
Chairs from the People’s Republic of
China’’ (October 18, 2011) (‘‘Issues and
Decision Memorandum of the NSR’’),
which are hereby adopted by this
notice. Lists of the issues that parties
raised and to which we responded in
the Issues and Decision Memoranda are
attached to this notice as an appendix.
The Issues and Decision Memoranda are
public documents and are on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit
(‘‘CRU’’), room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memoranda can be
accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memoranda and the
electronic versions of the Issues and
Decision Memoranda 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 and NewTec in the administrative review and
Xinjiamei Furniture in the NSR.
• With respect to New-Tec, we
applied the Sigma freight cap to the
factors of production (‘‘FOP’’) inputs
where the reported distances from the
domestic supplier to the factory were
greater than the reported distance from
the factory to the nearest port.5
• With respect to New-Tec, we have
deducted PHONEYCOMB1, (i.e., paper
honeycomb reported as a direct
material) in the total packing calculation
and PHONEYCOMB2 (i.e., paper
honeycomb reported as a packing
material) in the total direct material
calculation.6
• With respect to Xinjiamei
Furniture, the Department corrected the
program so that the calculated labor
costs properly reflect the result of the
reported direct labor, indirect labor, and
packing labor FOPs multiplied by the
labor surrogate value.7
• We have recalculated New-Tec’s,
Feili’s, and Xinjiamei Furniture’s
surrogate values for the labor cost based
on the methodology proposed in (1)
Labor Methodologies,8 (2) Wage Rate
Memo and NSR Memorandum:
Industry-Specific Surrogate Wage Rate; 9
and (3) Labor Cost Conversion Memo
and NSR Memorandum: Labor Cost
Conversion.10 As a result of the
Department’s newly-adopted, singlecountry and industry-specific, labor cost
calculation methodology and
application of the daily exchange rate in
the SAS program, we have changed the
surrogate labor rate for New-Tec, Feili,
and Xinjiamei Furniture to 50.36 Rs/
Hrs.
• For the final results of the AR and
NSR, the Department relied on the ILO
Yearbook Chapter 6A as its primary data
source and revised the overhead
financial ratio as set forth in Labor
Methodologies, Wage Rate Memo, the
NSR Memorandum: Industry-Specific
Surrogate Wage Rate, Labor Cost
Conversion Memo, and the NSR
Memorandum: Labor Cost Conversion.
As a result, the following individual
identifiable labor costs in the surrogate
financial statements were re-categorized
in order to ensure that Chapter 6A labor
costs, included in the ILO defined
‘‘Labor cost’’ and ‘‘Compensation of
employees,’’ are not over-stated, as
listed below: (1) Contribution to
Provident Fund, EDLI Gratuity Etc. and
(2) Staff & Labour Welfare. Based on the
foregoing methodology, the revised
surrogate overhead ratio to be applied
for the final results is 4.92 percent for
New-Tec Feili, and Xinjiamei Furniture.
• For the final results for Lifetime, we
have applied the 2.78 percent rate that
was calculated for Xinjiamei Furniture,
the respondent in the companion new
shipper review, instead of the rate
applied in the preliminary results,
which was calculated for New Tec in a
previous administrative review.11
Final Results of Reviews
We determine that the dumping
margins for the POR are as follows:
Weighted-average
margin
Exporter
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Feili Group (Fujian) Co., Ltd., Feili Furniture Development Limited Quanzhou City ...................................................................
New-Tec Integration (Xiamen) Co., Ltd .......................................................................................................................................
Lifetime Hong Kong Ltd ...............................................................................................................................................................
5 See Issues and Decision Memorandum of the
Administrative Review, at Comment 3.
6 See id., at Comment 4.
7 See Issues and Decision Memorandum of the
NSR, at Comment 2.
8 Antidumping Methodologies in Proceedings
Involving Non-Market Economies: Valuing the
Factor of Production: Labor, 76 FR 36092 (June 21,
2011) (‘‘Labor Methodologies’’).
9 See Memorandum to the File, entitled ‘‘2009–
2010 New Shipper Review of the Antidumping
Duty Order on Folding Metal Tables and Chairs
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18:10 Oct 24, 2011
Jkt 226001
from the People’s Republic of China: IndustrySpecific Surrogate Wage Rate and Surrogate
Financial Ratio Adjustments,’’ dated June 28, 2011
(‘‘NSR Memorandum: Industry-Specific Surrogate
Wage Rate’’) and Memorandum to the File, entitled
‘‘2009–2010 Administrative Review of the
Antidumping Duty Order on Folding Metal Tables
and Chairs from the People’s Republic of China:
Industry-Specific Surrogate Wage Rate and
Surrogate Financial Ratio Adjustments,’’ dated June
28, 2011 (‘‘Wage Rate Memo’’).
10 See Memorandum to the File, entitled ‘‘2009–
2010 New Shipper Review of the Antidumping
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Frm 00006
Fmt 4703
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0.03 (de minimis)
0.00%
2.78%
Duty Order on Folding Metal Tables and Chairs
from the People’s Republic of China: Labor Cost
Conversion,’’ dated July 15, 2011 (‘‘NSR
Memorandum: Labor Cost Conversion’’) and
Memorandum to the File, entitled ‘‘2009–2010
Administrative Review of the Antidumping Duty
Order on Folding Metal Tables and Chairs from the
People’s Republic of China: Labor Cost
Conversion,’’ dated July 15, 2011 (‘‘Labor Cost
Conversion Memo’’).
11 See Issues and Decision Memorandum of the
Administrative Review, at Comment 5.
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Notices
Weighted-average
margin
Exporter
Xinjiamei Furniture (Zhangzhou) Co., Ltd., Xinjiamei (Zhangzhou) Commodity Co., Ltd ...........................................................
sroberts on DSK5SPTVN1PROD with NOTICES
Determination To Revoke Order, in
Part
The Department may revoke, in whole
or in part, an antidumping duty order
upon completion of a review under
section 751 of the Act. While Congress
has not specified the procedures that the
Department must follow in revoking an
order, the Department has developed a
procedure for revocation that is
described in 19 CFR 351.222. This
regulation requires, inter alia, that a
company requesting revocation must
submit the following: (1) A certification
that the company has sold the subject
merchandise at not less than normal
value (‘‘NV’’) in the current
review period and that the company
will not sell subject merchandise at less
than NV in the future; (2) a certification
that the company sold commercial
quantities of the subject merchandise to
the United States in each of the three
years forming the basis of the request;
and (3) an agreement to immediate
reinstatement of the order if the
Department concludes that the
company, subsequent to the revocation,
sold subject merchandise at less than
NV.12 Upon receipt of such a request to
revoke an order in part, the Department
will consider: (1) Whether the company
in question has sold subject
merchandise at not less than NV for a
period of at least three consecutive
years; (2) whether the company has
agreed in writing to its immediate
reinstatement in the order, as long as
any exporter or producer is subject to
the order, if the Department concludes
that the company, subsequent to the
revocation, sold the subject
merchandise at less than NV; and (3)
whether the continued application of
the antidumping duty order is otherwise
necessary to offset dumping.13
We have determined that the request
from New-Tec meets all of the criteria
for revocation under 19 CFR 351.222.
With regard to the criteria of 19 CFR
351.222(b)(2), our final margin
calculations show that New-Tec sold
folding metal tables and chairs at not
less than NV during the current review
12 See
19 CFR 351.222(e)(1).
19 CFR 351.222(b)(2)(i) and Sebacic Acid
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review and
Determination To Revoke Order in Part, 67 FR
69719, 69720 (November 19, 2002).
13 See
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18:10 Oct 24, 2011
Jkt 226001
period. In addition, New-Tec sold
folding metal tables and chairs at not
less than NV in the two previous
administrative reviews (i.e., New-Tec’s
dumping margins were zero or de
minimis).14 Also, we find that
application of the antidumping duty
order to New-Tec is no longer
warranted. We base this partial
revocation of the order with respect to
New-Tec on three consecutive years of
sales made in commercial quantities at
not less than NV and on New-Tec’s
agreement to immediate reinstatement
in the relevant antidumping order, if the
Department concludes that it sold the
subject merchandise at less than NV
subsequent to revocation.15 Moreover,
no party has contested the revocation
analysis for New-Tec. Therefore, we
continue to find that New-Tec qualifies
for revocation, in part, of the
antidumping duty order on folding
metal tables and chairs from the PRC
under 19 CFR 351.222(b)(2).
Accordingly, we are revoking the
order with respect to subject
merchandise exported by New-Tec.
Effective Date of Revocation
This revocation applies to all entries
of subject merchandise that are exported
by New-Tec, and are entered, or
withdrawn from warehouse, for
consumption on or after June 1, 2010.
The Department will order the
suspension of liquidation lifted for all
such entries and will instruct U.S.
Customer and Border Protection
(‘‘CBP’’) to release any cash deposits or
bonds. The Department will further
instruct CBP to refund with interest any
cash deposits on entries made on or
after June 1, 2010.
Assessment
The Department will determine, and
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
14 See Folding Metal Tables and Chairs from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, 74 FR
3560 (January 21, 2009); and Folding Metal Tables
and Chairs from the People’s Republic of China:
Final Results of Antidumping Duty Administrative
Review, 74 FR 68568 (December 28, 2009).
15 See Memorandum to the File entitled,
‘‘Analysis of Commercial Quantities for New-Tec’s
Request for Revocation,’’ dated May 31, 2011.
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2.78%
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
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. Because we have
revoked the order with respect to
subject merchandise exported by NewTec, we will instruct CBP to terminate
the suspension of liquidation for
imports of such merchandise entered, or
withdrawn from warehouse, for
consumption on or after June 1, 2010,
and to refund all cash deposits
collected. 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 this
administrative review for all shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
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
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Notices
most recent period; (2) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate established in the
final results of this review (i.e., 70.71
ercent); and (3) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporters that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Comment 3: Application of Sigma Cap in
New-Tec’s Supplier Distance
Calculation.
Comment 4: Application of Paper Honey
Comb in New-Tec’s Direct and Packing
Material Calculation.
Comment 5: Application of the Appropriate
Margin to Lifetime.
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 these
reviews is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Act.
[FR Doc. 2011–27576 Filed 10–24–11; 8:45 am]
Dated: October 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
sroberts on DSK5SPTVN1PROD with NOTICES
Appendix
List of Comments and Issues in the Issues
and Decision Memorandum for the
Administrative Review
Comment 1: Selection of the Primary
Surrogate Country.
A. Economic Comparability.
B. Significant Production of Comparable
Merchandise.
C. Best Available Surrogate Value
Information.
1. Best Available Data.
2. Labor Rate.
Comment 2: Surrogate Financial Statements.
A. Use of Maximaa’s Financial Statements.
B. Use of Lion’s Financial Statements.
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18:10 Oct 24, 2011
Jkt 226001
List of Comments and Issues in the Issues
and Decision Memorandum for the New
Shipper Review
Comment 1: Surrogate Value for Cold
Rolled Steel Coil.
Comment 2: Calculation of Labor Costs.
Comment 3: Treatment of Overhead
Surrogate Financial Ratio.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–815, A–533–806, C–533–807]
Sulfanilic Acid From the People’s
Republic of China and India:
Continuation of Antidumping and
Countervailing Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations
by the Department of Commerce (the
‘‘Department’’) and the International
Trade Commission (the ‘‘ITC’’) that
revocation of the antidumping duty
(‘‘AD’’) orders on sulfanilic acid from
the People’s Republic of China (‘‘PRC’’)
and India would likely lead to
continuation or recurrence of dumping,
that revocation of the countervailing
duty (‘‘CVD’’) order on sulfanilic acid
from India would likely lead to
continuation or recurrence of a
countervailable subsidy, and that
revocation of these AD and CVD orders
would likely lead to a continuation or
recurrence of material injury to an
industry in the United States, the
Department is publishing this notice of
continuation of these AD and CVD
orders.
AGENCY:
DATES:
Effective Date: October 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Laurel Lacivita or Eugene Degnan (PRC
Order), Eric Greynolds (Indian AD/CVD
Orders), AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4243, (202) 482–
0414, or (202) 482–6071, respectively.
SUPPLEMENTARY INFORMATION: On April
1, 2011, the Department initiated the
third sunset review of the AD orders on
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Sfmt 4703
66039
sulfanilic acid from the PRC and India
and the CVD order on sulfanilic acid
from India, pursuant to section 751(c) of
the Tariff Act of 1930, as amended
(‘‘Act’’). See Initiation of Five-Year
(‘‘Sunset’’) Review, 76 FR 18163 (April
1, 2011).
As a result of its review, the
Department determined that revocation
of the AD orders on sulfanilic acid from
the PRC and India would likely lead to
a continuation or recurrence of dumping
and that revocation of the CVD order on
sulfanilic acid from India would likely
lead to continuation or recurrence of
subsidization and, therefore, notified
the ITC of the magnitude of the margins
likely to prevail should the orders be
revoked. See Sulfanilic Acid From
India: Final Results of Expedited Sunset
Review of Countervailing Duty Order, 76
FR 33243 (June 8, 2011) and Sulfanilic
Acid From India and the People’s
Republic of China; Final Results of
Third Expedited Sunset Reviews of
Antidumping Duty Orders, 76 FR 45510
(July 29, 2011).
On October 4, 2011, the ITC
determined, pursuant to section 751(c)
of the Act, that revocation of the AD
orders on sulfanilic acid from the PRC
and India and the CVD order on
sulfanilic acid from India would likely
lead to a continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time. See USITC Publication
4270 (October 2011), Sulfanilic Acid
From China And India: Investigation
Nos. 701–TA–318 and 731–TA–538 and
561 (Third Review) and Sulfanilic Acid
From China and India, 76 FR 62843
(October 11, 2011).
Scope of the Orders
The merchandise covered by the AD
and CVD orders is all grades of
sulfanilic acid, which include technical
(or crude) sulfanilic acid, refined (or
purified) sulfanilic acid and sodium salt
of sulfanilic acid (sodium sulfanilate).
Sulfanilic acid is a synthetic organic
chemical produced from the direct
sulfonation of aniline with sulfuric acid.
Sulfanilic acid is used a raw material in
the production of optical brighteners,
food colors, specialty dyes, and concrete
additive. The principal differences
between the grades are the undesirable
quantities of residual aniline and alkali
insoluble materials present in the
sulfanilic acid. All grades are available
as dry free flowing powders.
Technical sulfanilic acid contains 96
percent minimum sulfanilic acid, 1.0
percent maximum aniline, and 1.0
percent maximum alkali insoluble
materials. Refined sulfanilic acid
contains 98 percent minimum sulfanilic
E:\FR\FM\25OCN1.SGM
25OCN1
]]>Agencies
[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Notices]
[Pages 66036-66039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27576]
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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 and New
Shipper Review, and Revocation of the Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its
Preliminary Results of administrative review (``AR'') of the
antidumping duty order, new shipper review (``NSR''), and intent to
revoke order in part, on folding metal tables and chairs from the
People's Republic of China (``PRC'') on June 20, 2011.\1\ The period of
review (``POR'') for both reviews is June 1, 2009, through May 31,
2010. 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.
---------------------------------------------------------------------------
\1\ See Folding Metal Tables and Chairs from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and New Shipper Review, and Intent to Revoke
in Part, 76 FR 35832 (June 20, 2011) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: October 25, 2011.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran,
AD/CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
6412 or (202) 482-4852, respectively.
Background
On June 20, 2011, the Department published its Preliminary Results.
On July 11, 2011,\2\ Meco Corporation (``Meco''), a domestic producer
of the like product and the petitioner in the underlying investigation,
and Xinjiamei Furniture (Zhangzhou) Co., Ltd. (``Xinjiamei
Furniture''), the new shipper in the NSR, provided new surrogate value
information for the administrative review and NSR, respectively. On
June 28, 2011, the Department announced its new wage rate methodology
and invited comments from parties in both reviews. On July 5, 2011, the
Department announced a minor revision to the exchange rate calculation
methodology used to convert the surrogate wage rate.
---------------------------------------------------------------------------
\2\ The Department rejected Meco's July 11, 2011, surrogate
value submission and Meco re-submitted it on August 9, 2011.
---------------------------------------------------------------------------
On July 20, 2011,\3\ Meco, New-Tec Integration (Xiamen) Co., Ltd.
(``New-Tec''), a mandatory respondent in the administrative review, and
Lifetime Hong Kong, Ltd. (``Lifetime''), a separate-rate respondent in
the administrative review, submitted case briefs for the administrative
review, and Xinjiamei Furniture submitted a case brief in the NSR.
---------------------------------------------------------------------------
\3\ The Department rejected Meco's July 20, 2011, case brief and
Meco re-submitted it on August 9, 2011.
---------------------------------------------------------------------------
On July 25, 2011,\4\ the Department received rebuttal briefs in the
administrative review from Meco, New-Tec, Feili Group (Fujian) Co.,
Ltd. and Feili Furniture Development Limited Quanzhou City
(collectively, ``Feili''), a mandatory respondent in the administrative
review, Lifetime, and Cosco Home and Office Products, an importer
interested party, and from Meco for the NSR. On August 11, 2011, the
Department held a public hearing on the administrative review.
---------------------------------------------------------------------------
\4\ The Department rejected Meco's original rebuttal brief
submitted on July 25, 2011 for the NSR and Meco re-submitted it on
August 2, 2011.
---------------------------------------------------------------------------
We have conducted these reviews in accordance with section 751 of
the Tariff Act of 1930, as amended (``the Act''), 19 CFR 351.241, and
19 CFR 351.213.
Scope of Order
The products covered by the 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,
[[Page 66037]]
9403.60.8040, 9403.70.8015, 9403.70.8020, and 9403.70.8031 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.
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 2009-
2010 Administrative Review of Folding Metal Tables and Chairs from the
People's Republic of China'' (October 18, 2011) (``Issues and Decision
Memorandum of the Administrative Review'') and 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 2009-2010 New Shipper Review of the Antidumping Duty
Order on Folding Metal Tables and Chairs from the People's Republic of
China'' (October 18, 2011) (``Issues and Decision Memorandum of the
NSR''), which are hereby adopted by this notice. Lists of the issues
that parties raised and to which we responded in the Issues and
Decision Memoranda are attached to this notice as an appendix. The
Issues and Decision Memoranda are public documents and are on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records Unit
(``CRU''), room 7046 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memoranda can
be accessed directly on the Internet at https://www.trade.gov/ia/. The
signed Issues and Decision Memoranda and the electronic versions of the
Issues and Decision Memoranda 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 and New-Tec in the administrative
review and Xinjiamei Furniture in the NSR.
With respect to New-Tec, we applied the Sigma freight cap
to the factors of production (``FOP'') inputs where the reported
distances from the domestic supplier to the factory were greater than
the reported distance from the factory to the nearest port.\5\
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\5\ See Issues and Decision Memorandum of the Administrative
Review, at Comment 3.
---------------------------------------------------------------------------
With respect to New-Tec, we have deducted PHONEYCOMB1,
(i.e., paper honeycomb reported as a direct material) in the total
packing calculation and PHONEYCOMB2 (i.e., paper honeycomb reported as
a packing material) in the total direct material calculation.\6\
---------------------------------------------------------------------------
\6\ See id., at Comment 4.
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With respect to Xinjiamei Furniture, the Department
corrected the program so that the calculated labor costs properly
reflect the result of the reported direct labor, indirect labor, and
packing labor FOPs multiplied by the labor surrogate value.\7\
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum of the NSR, at Comment 2.
---------------------------------------------------------------------------
We have recalculated New-Tec's, Feili's, and Xinjiamei
Furniture's surrogate values for the labor cost based on the
methodology proposed in (1) Labor Methodologies,\8\ (2) Wage Rate Memo
and NSR Memorandum: Industry-Specific Surrogate Wage Rate; \9\ and (3)
Labor Cost Conversion Memo and NSR Memorandum: Labor Cost
Conversion.\10\ As a result of the Department's newly-adopted, single-
country and industry-specific, labor cost calculation methodology and
application of the daily exchange rate in the SAS program, we have
changed the surrogate labor rate for New-Tec, Feili, and Xinjiamei
Furniture to 50.36 Rs/Hrs.
---------------------------------------------------------------------------
\8\ Antidumping Methodologies in Proceedings Involving Non-
Market Economies: Valuing the Factor of Production: Labor, 76 FR
36092 (June 21, 2011) (``Labor Methodologies'').
\9\ See Memorandum to the File, entitled ``2009-2010 New Shipper
Review of the Antidumping Duty Order on Folding Metal Tables and
Chairs from the People's Republic of China: Industry-Specific
Surrogate Wage Rate and Surrogate Financial Ratio Adjustments,''
dated June 28, 2011 (``NSR Memorandum: Industry-Specific Surrogate
Wage Rate'') and Memorandum to the File, entitled ``2009-2010
Administrative Review of the Antidumping Duty Order on Folding Metal
Tables and Chairs from the People's Republic of China: Industry-
Specific Surrogate Wage Rate and Surrogate Financial Ratio
Adjustments,'' dated June 28, 2011 (``Wage Rate Memo'').
\10\ See Memorandum to the File, entitled ``2009-2010 New
Shipper Review of the Antidumping Duty Order on Folding Metal Tables
and Chairs from the People's Republic of China: Labor Cost
Conversion,'' dated July 15, 2011 (``NSR Memorandum: Labor Cost
Conversion'') and Memorandum to the File, entitled ``2009-2010
Administrative Review of the Antidumping Duty Order on Folding Metal
Tables and Chairs from the People's Republic of China: Labor Cost
Conversion,'' dated July 15, 2011 (``Labor Cost Conversion Memo'').
---------------------------------------------------------------------------
For the final results of the AR and NSR, the Department
relied on the ILO Yearbook Chapter 6A as its primary data source and
revised the overhead financial ratio as set forth in Labor
Methodologies, Wage Rate Memo, the NSR Memorandum: Industry-Specific
Surrogate Wage Rate, Labor Cost Conversion Memo, and the NSR
Memorandum: Labor Cost Conversion. As a result, the following
individual identifiable labor costs in the surrogate financial
statements were re-categorized in order to ensure that Chapter 6A labor
costs, included in the ILO defined ``Labor cost'' and ``Compensation of
employees,'' are not over-stated, as listed below: (1) Contribution to
Provident Fund, EDLI Gratuity Etc. and (2) Staff & Labour Welfare.
Based on the foregoing methodology, the revised surrogate overhead
ratio to be applied for the final results is 4.92 percent for New-Tec
Feili, and Xinjiamei Furniture.
For the final results for Lifetime, we have applied the
2.78 percent rate that was calculated for Xinjiamei Furniture, the
respondent in the companion new shipper review, instead of the rate
applied in the preliminary results, which was calculated for New Tec in
a previous administrative review.\11\
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\11\ See Issues and Decision Memorandum of the Administrative
Review, at Comment 5.
---------------------------------------------------------------------------
Final Results of Reviews
We determine that the dumping margins for the POR are as follows:
------------------------------------------------------------------------
Exporter Weighted-average margin
------------------------------------------------------------------------
Feili Group (Fujian) Co., Ltd., Feili 0.03 (de minimis)
Furniture Development Limited
Quanzhou City.
New-Tec Integration (Xiamen) Co., Ltd. 0.00%
Lifetime Hong Kong Ltd................ 2.78%
[[Page 66038]]
Xinjiamei Furniture (Zhangzhou) Co., 2.78%
Ltd., Xinjiamei (Zhangzhou) Commodity
Co., Ltd.
------------------------------------------------------------------------
Determination To Revoke Order, in Part
The Department may revoke, in whole or in part, an antidumping duty
order upon completion of a review under section 751 of the Act. While
Congress has not specified the procedures that the Department must
follow in revoking an order, the Department has developed a procedure
for revocation that is described in 19 CFR 351.222. This regulation
requires, inter alia, that a company requesting revocation must submit
the following: (1) A certification that the company has sold the
subject merchandise at not less than normal value (``NV'') in the
current
review period and that the company will not sell subject
merchandise at less than NV in the future; (2) a certification that the
company sold commercial quantities of the subject merchandise to the
United States in each of the three years forming the basis of the
request; and (3) an agreement to immediate reinstatement of the order
if the Department concludes that the company, subsequent to the
revocation, sold subject merchandise at less than NV.\12\ Upon receipt
of such a request to revoke an order in part, the Department will
consider: (1) Whether the company in question has sold subject
merchandise at not less than NV for a period of at least three
consecutive years; (2) whether the company has agreed in writing to its
immediate reinstatement in the order, as long as any exporter or
producer is subject to the order, if the Department concludes that the
company, subsequent to the revocation, sold the subject merchandise at
less than NV; and (3) whether the continued application of the
antidumping duty order is otherwise necessary to offset dumping.\13\
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\12\ See 19 CFR 351.222(e)(1).
\13\ See 19 CFR 351.222(b)(2)(i) and Sebacic Acid From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Determination To Revoke Order in Part, 67
FR 69719, 69720 (November 19, 2002).
---------------------------------------------------------------------------
We have determined that the request from New-Tec meets all of the
criteria for revocation under 19 CFR 351.222. With regard to the
criteria of 19 CFR 351.222(b)(2), our final margin calculations show
that New-Tec sold folding metal tables and chairs at not less than NV
during the current review period. In addition, New-Tec sold folding
metal tables and chairs at not less than NV in the two previous
administrative reviews (i.e., New-Tec's dumping margins were zero or de
minimis).\14\ Also, we find that application of the antidumping duty
order to New-Tec is no longer warranted. We base this partial
revocation of the order with respect to New-Tec on three consecutive
years of sales made in commercial quantities at not less than NV and on
New-Tec's agreement to immediate reinstatement in the relevant
antidumping order, if the Department concludes that it sold the subject
merchandise at less than NV subsequent to revocation.\15\ Moreover, no
party has contested the revocation analysis for New-Tec. Therefore, we
continue to find that New-Tec qualifies for revocation, in part, of the
antidumping duty order on folding metal tables and chairs from the PRC
under 19 CFR 351.222(b)(2).
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\14\ See Folding Metal Tables and Chairs from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, 74 FR 3560 (January 21, 2009); and Folding Metal Tables and
Chairs from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 74 FR 68568 (December 28,
2009).
\15\ See Memorandum to the File entitled, ``Analysis of
Commercial Quantities for New-Tec's Request for Revocation,'' dated
May 31, 2011.
---------------------------------------------------------------------------
Accordingly, we are revoking the order with respect to subject
merchandise exported by New-Tec.
Effective Date of Revocation
This revocation applies to all entries of subject merchandise that
are exported by New-Tec, and are entered, or withdrawn from warehouse,
for consumption on or after June 1, 2010. The Department will order the
suspension of liquidation lifted for all such entries and will instruct
U.S. Customer and Border Protection (``CBP'') to release any cash
deposits or bonds. The Department will further instruct CBP to refund
with interest any cash deposits on entries made on or after June 1,
2010.
Assessment
The Department will determine, and 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. Because we
have revoked the order with respect to subject merchandise exported by
New-Tec, we will instruct CBP to terminate the suspension of
liquidation for imports of such merchandise entered, or withdrawn from
warehouse, for consumption on or after June 1, 2010, and to refund all
cash deposits collected. 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 this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For 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
[[Page 66039]]
most recent period; (2) for all PRC exporters of subject merchandise
which have not been found to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate established in the final results
of this review (i.e., 70.71 ercent); and (3) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporters that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Interested Parties
This notice 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 these reviews is issued and
published in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: October 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Issues and Decision Memorandum for
the Administrative Review
Comment 1: Selection of the Primary Surrogate Country.
A. Economic Comparability.
B. Significant Production of Comparable Merchandise.
C. Best Available Surrogate Value Information.
1. Best Available Data.
2. Labor Rate.
Comment 2: Surrogate Financial Statements.
A. Use of Maximaa's Financial Statements.
B. Use of Lion's Financial Statements.
Comment 3: Application of Sigma Cap in New-Tec's Supplier Distance
Calculation.
Comment 4: Application of Paper Honey Comb in New-Tec's Direct and
Packing Material Calculation.
Comment 5: Application of the Appropriate Margin to Lifetime.
List of Comments and Issues in the Issues and Decision Memorandum for
the New Shipper Review
Comment 1: Surrogate Value for Cold Rolled Steel Coil.
Comment 2: Calculation of Labor Costs.
Comment 3: Treatment of Overhead Surrogate Financial Ratio.
[FR Doc. 2011-27576 Filed 10-24-11; 8:45 am]
BILLING CODE 3510-DS-P
