[Federal Register Volume 67, Number 5 (Tuesday, January 8, 2002)]
[Notices]
[Pages 916-917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-393]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-932 (Final)]


Certain Folding Metal Tables and Chairs From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-932 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
less-than-fair-value imports from China of certain folding tables and 
chairs, provided for in subheadings 9401.71.00, 9401.79.00, and 
9403.20.00 of the Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as 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 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 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.
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    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's rules of practice and procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: December 3, 2001.

FOR FURTHER INFORMATION CONTACT: Olympia DeRosa Hand (202-205-3182), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    The final phase of this investigation is being scheduled as a 
result of an affirmative preliminary determination by the Department of 
Commerce that imports of certain folding metal tables and chairs from 
China are being sold in the United States at less than fair value 
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The 
investigation was requested in a petition filed on April 27, 2001, by 
MECO Corporation, Greeneville, TN.

Participation in the Investigation and Public Service List

    Persons, including industrial users of the subject merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and BPI Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI gathered in the final phase of this 
investigation available to authorized applicants under the APO issued 
in the investigation, provided that the application is made no later 
than 21 days prior to the hearing date specified in this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the investigation. A party 
granted access to BPI in the preliminary phase of the investigation 
need not reapply for such access. A separate service list will be 
maintained by the Secretary for those parties authorized to receive BPI 
under the APO.

Staff Report

    The prehearing staff report in the final phase of this 
investigation will be placed in the nonpublic record on April 10, 2002, 
and a public version will be issued thereafter, pursuant to Sec. 207.22 
of the Commission's rules.

[[Page 917]]

Hearing

    The Commission will hold a hearing in connection with the final 
phase of this investigation beginning at 9:30 a.m. on April 23, 2002, 
at the U.S. International Trade Commission Building. Requests to appear 
at the hearing should be filed in writing with the Secretary to the 
Commission on or before April 15, 2002. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on April 18, 
2002, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by Secs. 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 days prior 
to the date of the hearing.

Written Submissions

    Each party who is an interested party shall submit a prehearing 
brief to the Commission. Prehearing briefs must conform with the 
provisions of section 207.23 of the Commission's rules; the deadline 
for filing is April 17, 2002. Parties may also file written testimony 
in connection with their presentation at the hearing, as provided in 
Sec. 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of Sec. 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is April 30, 2002; 
witness testimony must be filed no later than three days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigation may submit a written statement of 
information pertinent to the subject of the investigation on or before 
April 30, 2002. On May 16, 2002, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before May 20, 2002, but such final comments must not contain new 
factual information and must otherwise comply with Sec. 207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec. 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of Sec. 201.6, 
207.3, and 207.7 of the Commission's rules. The Commission's rules do 
not authorize filing of submissions with the Secretary by facsimile or 
electronic means.
    In accordance with Secs. 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec. 207.21 of the Commission's rules.

    Issued: January 2, 2002.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 02-393 Filed 1-7-02; 8:45 am]
BILLING CODE 7020-02-P