[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Notices]
[Pages 71355-71357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24366]


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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 11, 2007. The period of review 
(``POR'') is June 1, 2005, through May 31, 2006. 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 17, 2007.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Charles Riggle, 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) 482-0650, respectively.

Background

    On July 11, 2007, the Department published its preliminary 
results.\1\ On July 31, 2007, Meco Corporation (``Meco''), the 
petitioner in the underlying investigation, provided additional 
comments on the appropriate surrogate values to use as a means of 
valuing the factors of production, including financial statements from 
Infiniti Modules Pvt. Ltd. (``Infiniti'') and Agew Steel Manufactures 
Private Limited (``Agew''), Indian producers of merchandise that is 
identical or comparable to the subject merchandise. On August 3, 2007, 
Meco requested an extension of the briefing schedule, and on August 7, 
2007, the Department denied this request. On August 10, 2007, the 
Department received a case brief that included a request for a hearing 
from Meco. On August 13, 2007, the Department received a case brief 
from Feili Group (Fujian) Co., Ltd. and Feili Furniture Development 
Limited Quanzhou City (collectively ``Feili''). On August 13, 2007, 
Meco requested an extension to submit its rebuttal brief and on the 
same day, the Department granted to all parties a seven-day extension 
to submit rebuttal briefs. On August 22, 2007, Meco, New-Tec 
Integration Co., Ltd. (``New-Tec''), and Feili submitted rebuttal 
briefs. On September 27, 2007, Meco withdrew its request for a hearing. 
On November 6, 2007, the Department extended the time period for 
completion of the final results until December 7, 2007.\2\
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    \1\ See Folding Metal Tables and Chairs from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, 72 FR 37703 (July 11, 2007) (``Preliminary 
Results'').
    \2\ See Folding Metal Tables and Chairs from the People's 
Republic of China: Notice of Extension of Time Limit for the Final 
Results of the Antidumping Duty Administrative Review, 72 FR 62628 
(November 6, 2007).
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    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.

[[Page 71356]]

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, 9403.20.015, 
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.
    Based on a request by RPA International Pty., Ltd. and RPS, LLC, 
the Department ruled on January 13, 2003, that poly-fold metal folding 
chairs are within the scope of the order.
    On May 5, 2003, in response to a request by Staples, the Office 
Superstore Inc. (``Staples''), the Department issued a scope ruling 
that the chair component of Staples' ``Complete Office-To-Go,'' a 
folding chair with a tubular steel frame and a seat and back of 
plastic, with measurements of: height: 32.5 inches; width: 18.5 inches; 
and depth: 21.5 inches, is covered by the scope of the order.
    On September 7, 2004, the Department found that table styles 4600 
and 4606 produced by Lifetime Plastic Products Ltd. are within the 
scope of the order.
    On July 13, 2005, the Department issued a scope ruling determining 
that ``butterfly'' chairs are excluded from the scope of the 
antidumping duty 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 rods 
that are connected by hinges. In order to collapse the frame, the chair 
cover must be removed. 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.
    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 the 
tubular steel seat frame with screws, are within the scope of the 
antidumping duty order.
    On May 1, 2006, the Department issued a scope ruling determining 
that ``moon chairs'' are not included within the scope of the 
antidumping duty order. Moon chairs are described as containing 
circular, fabric-padded, concave cushions that envelop 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.
    On October 4, 2007, the Department issued a scope ruling 
determining that International E-Z Up Inc.'s (``E-Z Up'') Instant Work 
Bench is not included within the scope of the antidumping duty order 
because its legs and weight do not match the description of the folding 
metal tables in the scope of the FMTCs order or Certain Folding Metal 
Tables and Chairs from China; USITC Pub. 3515 at I-3, 731-TA-932 
(Final), (June 2002) (``ITC Final Report''). E-Z Up describes the 
Instant Work Bench as a personal project center that is permanently 
mounted on a wall. E-Z Up states that the physical characteristics of 
the Instant Work Bench include a plastic table top measuring 60.25 
inches in width and 24.5 inches in depth, four steel legs with two legs 
attached to a wall, a metallic coated peg board extending vertically 
from the intersection of the back legs and the table top, and two 
sliding reinforced steel drawers located below the plastic bench. E-Z 
Up adds that the back two legs are connected to each other by a steel 
frame that consists of two cross-bars and five vertical bars. E-Z Up 
also states that the Instant Work Bench weighs 70.7 pounds, of which 
54.7 percent is steel, and measures 60 inches in height from the top of 
the peg board to the floor.\3\
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    \3\ 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); E-Z Up's Instant Work Bench'' (October 4, 2007).
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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 2005-2006 Administrative Review of Folding 
Metal Tables and Chairs from the People's Republic of China'' (December 
7, 2007) (``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 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.\4\
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    \4\ See Issues and Decision Memorandum, at Comments 1-16.
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b. Feili and New-Tec

     We calculated the surrogate financial ratios using 
financial statements of two companies, Godrej & Boyce, Manufacturing 
Co. Ltd. (``Godrej'') and Infiniti.\5\
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    \5\ See Comment 1 of the Issues and Decision Memorandum and the 
Memorandum to Wendy J. Frankel, Director, AD/CVD Operations, Office 
8, ``Final Results of the 2005-2006 Administrative Review of Folding 
Metal Tables and Chairs from the People's Republic of China: 
Surrogate Value Memorandum,'' (December 7, 2007) (``Final Surrogate 
Value Memorandum''), at 1, and Attachment XIII.

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[[Page 71357]]

Feili

     We revised the calculation of the market-economy purchase 
price for rivets to exclude the total quantity and value of powder 
coating from the calculations.\6\
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    \6\ See Comment 7 of the Issues and Decision Memorandum and 
Memorandum to the File ``Analysis for the Final Results of the 2005-
2006 Administrative Review of Folding Metal Tables and Chairs from 
the People's Republic of China: Feili Furniture Development Limited 
Quanzhou City, Feili Furniture Development Co., Ltd., Feili Group 
(Fujian) Co., Ltd., Feili (Fujian) Co., Ltd. (collectively, 
``Feili'')'' (December 7, 2007) (``Feili Final Analysis 
Memorandum''), at 2, and Attachments I and II.
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     We revised the calculation of normal value (``NV'') to 
eliminate fiberboard as a packing material.\7\
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    \7\ See Comment 8 of the Issues and Decision Memorandum, and 
Feili Final Analysis Memorandum, at 2, and Attachments I and IV.
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     We revised the calculation of NV to exclude packing labor 
from the cost of manufacturing and include it in the calculation of 
packing.\8\
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    \8\ See Comment 9 of the Issues and Decision Memorandum, and 
Feili Final Analysis Memorandum, at 3, and Attachments III and IV.
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     We revised the sample interspersion check to exclude from 
the margin analysis program only those transactions that had not been 
previously made in commercial quantities to the same customer.\9\
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    \9\ See Comment 11 of the Issues and Decision Memorandum, and 
Feili Final Analysis Memorandum, at 3, and Attachments IV and V.
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Final Results of Review

    We determine that the following dumping margins exist for the 
period June 1, 2005, through May 31, 2006:

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                  Margin Percentage
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Feili[ast]..........................................                0.02
New-Tec.............................................                1.50
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[ast]This rate is de minimis.

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection 15 days after the date of publication of 
these final results of administrative review.

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (``the Act''): (1) for subject merchandise exported by Feili, 
the final weighted-average margin is below de minimis; therefore, no 
cash deposit of estimated antidumping duties will be required. However, 
for subject merchandise exported by New-Tec, the cash-deposit rate will 
be that established in the final results of review; (2) for previously 
reviewed or investigated exporters not listed above that have separate 
rates, the cash-deposit rate will continue to be the exporter-specific 
rate published for the most recent period; (3) 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 of 70.71 
percent; and (4) for all non-PRC exporters of subject merchandise that 
have not received their own rate, the cash-deposit rate will be the 
rate applicable to the PRC exporter that supplied that non-PRC 
exporter. These deposit requirements 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 this administrative review is 
issued and published in accordance with sections 751(a)(1) and 777(i) 
of the Act.

    Dated: December 7, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

Comment 1: Surrogate Financial Statements
Comment 2: Potential Calculation Adjustments to Infiniti's Financial 
Statements
Comment 3: Allocation of Direct Labor Hours for Feili
Comment 4: Allocation of Electricity for Feili
Comment 5: Suspension of Liquidation of Tables with Legs Connected by a 
Cross-Bar
Comment 6: Revocation of the Order
Comment 7: Market-Economy Price for Rivets
Comment 8: Fiberboard Consumption
Comment 9: Packing Labor
Comment 10: Zero-Priced Transactions
Comment 11: Zero-Priced Transactions not Previously Sold in Commercial 
Quantities
Comment 12: Shipping Costs for Zero-Priced Transactions
Comment 13: Negative Values for Importer-Specific Assessment Rates
Comment 14: The Treatment of Origin Receiving Charges (``ORC'') and 
automated-manifest-system charges (``AMS'')
Comment 15: Adjustments for Materials That Were Provided Free-of-Charge
Comment 16: Offsetting Dumped Sales with ``Non-Dumped'' Sales 
(``Zeroing'')
[FR Doc. E7-24366 Filed 12-14-07; 8:45 am]
BILLING CODE 3510-DS-S