[Federal Register Volume 68, Number 228 (Wednesday, November 26, 2003)]
[Notices]
[Pages 66397-66399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29600]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-868]


Certain Folding Metal Tables and Chairs from the People's 
Republic of China: Notice of Partial Rescission of First Antidumping 
Duty Administrative Review

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.

ACTION:  Notice of Partial Rescission of First Antidumping Duty 
Administrative Review.

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SUMMARY:  On July 29, 2003, the Department of Commerce (``the 
Department'') published in the Federal Register a notice announcing the 
initiation of the administrative review of the antidumping duty order 
on folding metal tables and chairs from the People's Republic of China 
(``PRC''). The period of review (``POR'') is December 3, 2001, to May 
31, 2003. See Notice of Initiation of Antidumping and Countervailing 
Duty Administrative

[[Page 66398]]

Reviews, Requests for Revocation in Part and Deferral of Administrative 
Reviews, 68 FR 44524, July 29, 2003 (``Initiation Notice''). This 
review has now been partially rescinded for certain companies because 
the requesting party withdrew its requests.

EFFECTIVE DATE: November 26, 2003.

FOR FURTHER INFORMATION CONTACT:  John Drury, Patrick Edwards or Anya 
Naschak, Enforcement Group III, Office 8, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Room 7866, Washington, D.C. 
20230; telephone (202) 482-0195, (202) 482-8029, (202) 482-6375, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Review

    The merchandise subject to this review consists 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 folding metal tables are the following:

     a. Lawn furniture;
     b. Trays commonly referred to as ``TV trays'';
     c. Side tables;
     d. Child-sized tables;
     e. Portable counter sets consisting of rectangular tables 36'' 
high and matching stools; and
     f. 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:

     a. Folding metal chairs with a wooden back or seat, or both;
     b. Lawn furniture;
     c. Stools;
     d. Chairs with arms; and
     e. Child-sized chairs.

    The subject merchandise is currently classifiable under subheadings 
9401710010, 9401710030, 9401790045, 9401790050, 9403200010 and 
9403200030 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheadings are provided for 
convenience and U.S. Customs and Border Protection (``CBP'') purposes, 
the Department's written description of the merchandise is dispositive.

Background:

    On June 16, 2003, in response to the Department's notice of 
opportunity to request a review published in the Federal Register, Wok 
and Pan Industry, Inc. (``Wok & Pan'') requested the Department conduct 
an administrative review of the antidumping duty order on folding metal 
tables and chairs (``FMTC'') from the PRC (See Notice of Antidumping 
Duty Order: Folding Metal Tables and Chairs from the People's Republic 
of China, 67 FR 43277 (June 27, 2002)) for entries of subject 
merchandise made by Wok & Pan. On June 26, 2003, EJ Footwear, LLC 
requested the Department conduct an administrative review of entries of 
subject merchandise made by Dongguan Shichang Metals Factory Co., Ltd. 
(``Shichang''). On June 30, 2003, the Meco Corporation (``petitioner'') 
requested the Department conduct an administrative review of entries of 
subject merchandise made by three Chinese producers/exporters: Feili 
Furniture Development Co., Ltd and Feili (Fujian) Co., Ltd (``Feili''), 
New-Tec Integration Co., Ltd. (``New-Tec''), and Shichang. The 
Department initiated the review for all companies. See Initiation 
Notice.
    On October 27, 2003, the petitioner requested a withdrawal of its 
request for review of products manufactured or exported by Feili and 
New-Tec. The applicable regulation, 19 CFR 351.213(d)(1), states that 
if a party that requested an administrative review withdraws the 
request within 90 days of the publication of the notice of initiation 
of the requested review, the Secretary will rescind the review. The 
petitioner made a request for withdrawal within the 90-day deadline, in 
accordance with 19 CFR 351.213(d)(1). Respondents Feili and New-Tec 
objected to this request, on the grounds that Feili and New-Tec had 
also submitted requests for review of entries of subject merchandise 
produced by Feili and New-Tec. Petitioner argued that there is no 
record evidence that Feili or New-Tec officially filed a copy of their 
request for review and, further, that there is no copy of such a 
request available in the public case file at the Department. The 
Department has found that Feili and New-Tec have submitted no evidence 
on record that any individual representing their interests in this case 
attempted to file on the official record a request for review with the 
requisite number of copies to the Import Administration Docket Center, 
nor that the review request was served on interested parties in this 
case, as required under the regulations. The Department has determined 
that the record strongly indicates that Feili and New-Tec did not 
officially request a review in this case. For further discussion of 
these issues, please see the Decision Memorandum to Joseph A. Spetrini, 
Deputy Assistant Secretary for Import Administration, Group III from 
John Drury, Patrick Edwards, Anya Naschak, case analysts for Office 8 
through Richard O. Weible, Office 8 Director (November 20, 2003).
    Therefore, for Feili and New-Tec, the Department is rescinding this 
review of the antidumping duty order on FMTC from the PRC covering the 
period December 3, 2001, to May 31, 2003.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(l) of the Act and 19 CFR 351.213(d)(4) of the 
Department's regulations.


[[Page 66399]]


    Dated: November 20, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-29600 Filed 11-25-03; 8:45 am]
BILLING CODE 3510-DS-S