[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71509-71510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21009]


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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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its 
preliminary results of administrative review of the antidumping duty 
order on folding metal tables and chairs (``FMTCs'') from the People's 
Republic of China (``PRC'') on July 10, 2006. The period of review 
(``POR'') is June 1, 2004, through May 31, 2005. We invited interested 
parties to comment on our preliminary results. Based on our analysis of 
the comments received, we have made changes to our margin calculations. 
Therefore, the final results differ from the preliminary results. The 
final dumping margins for this review are listed in the ``Final Results 
of Review'' section below.

EFFECTIVE DATE: December 11, 2006.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Quigley, 
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) 482-4243 
or (202) 482-4551, respectively.

Background

SUPPLEMENTARY INFORMATION: On July 10, 2006, the Department published 
its preliminary results. See Folding Metal Tables and Chairs from the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review 71 FR 38852 (July 10, 2006) (``Preliminary 
Results''). On July 26, 2006, Meco Corporation (``Meco''), the 
petitioner in the underlying investigation, requested an extension of 
the briefing schedule, and on August 4, 2006, the Department granted a 
two-week extension of the briefing schedule. On August 23, 2006, we 
received case briefs from Meco, New-Tec Integration Co., Ltd. (``New-
Tec''), and Feili Group (Fujian) Co., Ltd. and Feili Furniture 
Development Limited Quanzhou City (collectively ``Feili''). On August 
30, 2006, Meco, New-Tec, and Feili submitted rebuttal briefs.
    We have conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (``the Act''), and 19 
CFR 351.213.

Scope of Order

    The products covered by this order consist of assembled and 
unassembled folding tables and folding chairs made primarily or 
exclusively from steel or other metal, as described below:
    1) Assembled and unassembled folding tables made primarily or 
exclusively from steel or other metal (folding metal tables). Folding 
metal tables include square, round, rectangular, and any other shapes 
with legs affixed with rivets, welds, or any other type of fastener, 
and which are made most commonly, but not exclusively, with a hardboard 
top covered with vinyl or fabric. Folding metal tables have legs that 
mechanically fold independently of one another, and not as a set. The 
subject merchandise is commonly, but not exclusively, packed singly, in 
multiple packs of the same item, or in five piece sets consisting of 
four chairs and one table. Specifically excluded from the scope of the 
order regarding folding metal tables are the following:
    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 the 
order regarding 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 
9401.71.0010, 9401.71.0030, 9401.79.0045, 9401.79.0050, 9403.20.0010, 
9403.20.0030, 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.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the 2004-2005 Administrative Review of Folding 
Metal Tables and Chairs from the People's Republic of China,'' 
(December 1, 2006) (``Issues and Decision Memorandum''), which is 
hereby adopted by this notice. A list of the issues that parties raised 
and to which we responded in the Issues and Decision Memorandum is

[[Page 71510]]

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 B-099 in the main Department building, and is 
also accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy 
and electronic version of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for Feili and New-Tec. See Issues and Decision 
Memorandum, at Comments 1-15.
 We revised the calculation of the surrogate value for water to 
use the correct inflation factor.
 We revised the calculation of the surrogate value for air 
freight in the zero-priced transactions to account for the total weight 
of each shipment.
 We excluded the zero-priced transactions for all of Feili's 
and New-Tec's customers that otherwise made no purchases of the same 
merchandise for consideration during the POR.
 We applied Feili's by-product offset to the cost of direct 
materials rather than to normal value.

Final Results of Review

    We determine that the following dumping margins exist for the 
period June 1, 2004, through May 31, 2005:

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                  Margin Percentage
------------------------------------------------------------------------
Feili*..............................................                0.24
New-Tec *...........................................                0.08
The PRC-Wide Entity**...............................               70.71
------------------------------------------------------------------------
* These rates are de minimis.
** This includes Anji Jiu, Xiamen Zehui, and Yixiang.

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these final results of review. In accordance with 19 CFR 
351.212(b)(1), we have calculated importer-specific assessment rates 
for merchandise subject to this review. For Feili and New-Tec, we 
divided the total amount of antidumping duties calculated for each 
importer by the total entered value of the sales to each importer to 
calculate ad valorem assessment rates. Where the assessment rate is 
above de minimis, we will direct CBP to assess the resulting assessment 
rates against the entered customs values for the subject merchandise on 
each importer's entries during the POR.
    Where an importer-specific ad valorem rate is zero or de minimis, 
we will order CBP to liquidate appropriate entries without regard to 
antidumping duties.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of FMTCs from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by Section 751(a)(1) of the Act: (1) As the final weight-
averaged margins for New-Tec and Feili are less than 0.5 percent and, 
therefore, de minimis, no cash deposit of estimated antidumping duties 
will be required; (2) for previously reviewed or investigated companies 
not listed above that have a separate rate, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) the cash deposit rate for all other PRC exporters will be 
70.71 percent, the current PRC-wide rate; and (4) the cash deposit rate 
for all non-PRC exporters will be the rate applicable to the PRC 
exporter that supplied that exporter. These deposit requirements, when 
imposed, shall remain in effect until publication of the final results 
of the next administrative review.

Notification of Interested Parties

    This notice also 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 this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties. This notice also serves as a 
reminder to parties subject to administrative protective orders 
(``APOs'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305, which continues to govern business proprietary information 
in this segment of the proceeding. 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 terms of an APO is a violation that is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 01, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum
Comment 1: Market-Economy Purchases
Comment 2: Verification
Comment 3: Common-Leg Tables
Comment 4: Inclusion of Zero-Priced Transactions in the Margin Analysis
Comment 5a: Treatment of Zero-Priced Transactions as Indirect Selling 
Expenses
Comment 5b: Calculation of Freight Expenses for Zero-Priced 
Transactions on a Shipment-Specific Basis
Comment 5c: Zero-Priced Merchandise That Was Not Subsequently Sold for 
Consideration
Comment 5d: Calculation of the Importer-Specific Assessment Rates
Comment 5e: Negative Values Derived from the Calculation of the Zero-
Priced Transactions
Comment 6: Material Inputs Provided Free of Charge
Comment 7: Additional Charges for Origin Receiving Charge (``ORC'') and 
Automated Manifest System (``AMS'')
Comment 8: Scrap Offset
Comment 9: The Surrogate Value for Polyester Fabric with Down
Comment 10: The Inflation Factor for Water
Comment 11: Regression-Based Surrogate Value for Labor
[FR Doc. E6-21009 Filed 12-8-06; 8:45 am]
Billing Code: 3510-DS-S