[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Notices]
[Pages 62626-62628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21798]


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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: Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the existing antidumping duty order on 
folding metal tables and chairs from the People's Republic of China 
(``PRC'') would likely lead to continuation or recurrence of dumping 
and material injury to an industry in the United States, the Department 
is publishing this notice of continuation of the antidumping duty 
(``AD'') order.

DATES: Effective Dates: November 6, 2007.

FOR FURTHER INFORMATION CONTACT: Charles Riggle or Matthew Quigley, AD/
CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: 202-482-0650 
202-482-4551, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 1, 2007, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on folding metal 
tables and chairs from the PRC pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (``the Act''). See Initiation of Five-Year 
(``Sunset'') Reviews, 72 FR 23799 (May 1, 2007) (``Initiation 
Notice''); see also,

[[Page 62627]]

Antidumping Duty Order: Folding Metal Tables and Chairs From the 
People's Republic of China, 67 FR 43277 (June 27, 2002) (``Order''). As 
a result of its review, the Department found that revocation of the AD 
order would likely lead to continuation or recurrence of dumping and 
notified the ITC of the margins likely to prevail were the order 
revoked. See Folding Metal Tables and Chairs from the People's Republic 
of China: Notice of Final Results of Expedited Sunset Review of 
Antidumping Duty Order, 72 FR 51409 (September 7, 2007). On September 
20, 2007, the ITC determined, pursuant to section 751(c) of the Act, 
that revocation of the AD order on folding metal tables and chairs from 
the PRC would likely lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time. See Folding Metal Tables and Chairs from China, 72 FR 
60389 (October 24, 2007), and USITC Publication 3952 Inv. No. 731-TA-
932 (Review) (September 2007).

Scope of the 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 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.
    The subject merchandise is currently classifiable under subheadings 
9401.71.0010, 9401.71.0030, 9401.79.0045, 9401.79.0050, 9403.20.0015, 
9403.20.0030, 9403.70.8010, 9403.70.8020, and 9403.70.8030 of the 
Harmonized Tariff Schedule of the United States (``HTSUS'').\1\ 
Although the HTSUS subheadings are provided for convenience and U.S. 
Customs and Border Protection purposes, the Department's written 
description of the merchandise is dispositive.
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    \1\ Originally the scope included 9403.20.0010, but effective 
July 1, 2003, 9403.20.0010 (metal household furniture) was 
eliminated from the HTS code. 9403.20.0011 (ironing boards) and 
9403.20.0015 (other) were added in its place. 9403.20.0015 contains 
merchandise in 9403.20.0010 except for ironing boards.
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    On January 13, 2003, the Department issued a scope ruling 
determining that ``Poly-Fold'' chairs consisting of steel frames (20-
gauge steel) with polypropylene seats and backs, zinc-plated rivets 
coated with an epoxy polyester powder coating, three drainage holes in 
the seat, specially designed back leg cross bar, four oversized leg 
stoppers with drainage holes, and a frame with hybrid coating are 
within the scope of the antidumping duty order.\2\
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    \2\ See ``Final Scope Ruling on Whether RPA International Pty. 
Ltd.'s Poly-Fold Chairs Are Excluded from the Scope of the 
Antidumping Duty Order on Folding Metal Tables and Chairs from the 
People's Republic of China'' (January 13, 2003).
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    On May 5, 2003, the Department issued a scope ruling with respect 
to the ``Complete Office-To-Go'' set, which consists of a single chair 
and a table with a monitor stand and legs that fold as a set. The 
Department ruled that the chair component is within the scope of the 
antidumping duty order because the chair component is identical to the 
chairs described in the order, but the Department ruled that table 
component is outside the scope of the AD order because it has legs that 
fold in sets.\3\
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    \3\ See ``Final Scope Ruling on Whether Staples, The Office 
Superstore, Incorporated's `Complete Office-To-Go' is Excluded from 
the Scope of the Antidumping Duty Order on Folding Metal Tables and 
Chairs from the People's Republic of China'' (May 5, 2003).
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    On September 7, 2004, the Department issued a scope ruling 
determining that folding tables with tops made of blow-molded plastic 
and frames made of steel are within the scope of the AD order.\4\
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    \4\ See ``Final Scope Ruling on Whether Lifetime Tables 4600 and 
4606 Are Excluded from the Scope of the Antidumping Duty Order on 
Folding Metal Tables and Chairs from the People's Republic of 
China'' (September 7, 2004).
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    On July 13, 2005, the Department issued a scope ruling determining 
that folding metal chairs, with wooden seats that have been padded with 
foam and covered with fabric or polyvinyl chloride and attached to a 
tubular steel seat frame with screws, are within the scope of the AD 
order.\5\
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    \5\ See ``Final Scope Ruling of the Antidumping Duty Order on 
Folding Metal Tables and Chairs from the People's Republic of China 
(A-570-868); Korhani of America, Inc.'' (July 13, 2005).
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    Also on July 13, 2005, the Department issued a scope ruling 
determining that ``butterfly'' chairs are outside the scope of the AD 
order. Butterfly chairs are described as consisting of a collapsible 
metal rod frame and a cover, such that when the chair frame is spread 
open, the pockets of the cover are slipped over the upper ends of the 
frame and the cover provides both the seating surface and back of the 
chair. The frame consists of eight s-shaped pieces (with the ends 
offset at almost a 90-degree angle) made from metal rod that are 
connected by hinges. The frame is collapsed by moving the four legs 
inward until they meet in the center, similar to the folding mechanism 
of a pocket umbrella. Although butterfly chairs, as described by the 
requester have supports made of steel or other metal, they do not have 
cross-braces affixed to the front and/or rear legs. The seat and back 
is one piece of cloth, which also serves as the carrying bag for the 
chair frame when not in use, and is therefore not affixed to the frame 
with

[[Page 62628]]

screws, rivets, welds or any other type of fastener.\6\
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    \6\ See ``Final Scope Ruling of the Antidumping Duty Order on 
Folding Metal Tables and Chairs from the People's Republic of China 
(A-570-868); Spencer Gifts, LLC'' (July 13, 2005).
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    On May 1, 2006, the Department issued a scope ruling determining 
that the ``moon chair'' was outside the scope of the antidumping duty 
order because it collapses rather than folds as a chair subject to the 
order would fold, and it does not have a back pad or seat pad commonly 
found in folding chairs. Moon chairs are described as containing 
circular, fabric-padded, concave cushions that envelope the user at 
approximately a 105-degree reclining angle. The fabric cushion is 
ringed and supported by two curved 16-mm steel tubes. The cushion is 
attached to this ring by nylon fabric. The cushion is supported by a 
16-mm steel tube four-sided rectangular cross-brace mechanism that 
constitutes the moon chair's legs. This mechanism supports and attaches 
to the encircling tubing and enables the moon chair to be folded. To 
fold the chair, the user pulls on a fabric handle in the center of the 
seat cushion of the chair.\7\
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    \7\ See ``Final Scope Ruling of the Antidumping Duty Order on 
Folding Metal Tables and Chairs from the People's Republic of China 
(A-570-868); Mac Industries (Shanghai) Co., Ltd., Jiaxing Yinmao 
International Trading Company, Ltd and Fujian Zenithen Consumer 
Products Company Ltd.'' (May 1, 2005).
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Continuation of Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order on folding metal tables and chairs from 
the PRC would likely lead to continuation or recurrence of dumping and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the AD order on folding metal tables and chairs from 
the PRC. U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. This review covers 
imports from all manufacturers and exporters of folding metal tables 
and chairs from the PRC.
    The effective date of continuation of this AD order will be the 
date of publication in the Federal Register of this Continuation 
Notice. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of this order not later 
than September 2012.
    This five-year or ``sunset'' review and notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: October 31, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
 [FR Doc. E7-21798 Filed 11-5-07; 8:45 am]
BILLING CODE 3510-DS-P