[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Notices]
[Pages 2883-2886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-925]


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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 2007-2008 Deferred Antidumping Duty 
Administrative Review and Final Results of 2008-2009 Antidumping Duty 
Administrative Review

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

SUMMARY: The Department of Commerce (``Department'') published its 
preliminary results of the 2007-2008 deferred and 2008-2009 
administrative reviews of the antidumping duty order on folding metal 
tables and chairs (``FMTCs'') from the People's Republic of China 
(``PRC'') on July 14, 2010.\1\ The periods of review (``POR'') are June 
1, 2007, through May 31, 2008, for the deferred administrative review, 
and June 1, 2008, through May 31, 2009, for the administrative review. 
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 these reviews are 
listed in the ``Final Results of Review'' section below.
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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, 75 FR 40788 (July 14, 2010) (``Preliminary 
Results'').

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DATES: Effective Date: January 18, 2011.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Erin Kearney, 
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-
6412 or (202) 482-0167, respectively.

Background

    On July 14, 2010, the Department published its preliminary results. 
See Preliminary Results. On August 3, 2010, Meco Corporation 
(``Meco''), the petitioner in the underlying investigation, provided 
new surrogate value information for the 2008-2009 review based on 
Indonesia, including financial statements from PT Lion Metal Works Tbk 
(``Lion'').\2\ New-Tec Integration (Xiamen) Co., Ltd. (``New-

[[Page 2884]]

Tec''), a respondent in the 2008-2009 review, submitted on August 13, 
2010, publicly available information to ``rebut, clarify, or correct'' 
the information submitted by Meco concerning the 2008-2009 review. On 
August 20 and September 20, 2010,\3\ the Department received case 
briefs from Meco for the 2007-2008 deferred and 2008-2009 reviews, 
respectively. On August 25 and November 3, 2010,\4\ Feili Group 
(Fujian) Co., Ltd. and Feili Furniture Development Limited Quanzhou 
City (``Feili''), a respondent in both reviews, and Cosco Home and 
Office Products (``Cosco''), a U.S. importer of subject merchandise and 
interested party in both reviews, submitted rebuttal briefs for the 
2007-2008 and 2008-2009 reviews, respectively. Finally, on August 25, 
2010, New-Tec submitted its rebuttal brief for the 2008-2009 review.
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    \2\ We note that in the preliminary results, we have selected 
India as the surrogate country in both 2007-2008 and 2008-2009 
administrative reviews.
    \3\ The Department rejected Meco's original case brief submitted 
on August 20, 2010 for the 2008-2009 review because it contained 
untimely new factual information.
    \4\ The Department rejected Feili's and Cosco's original 
rebuttal brief submitted on August 25, 2010 for the 2007-2008 review 
because it contained untimely new factual information.
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    We have conducted these administrative reviews 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:

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 the 
order regarding 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, 9401.71.011, 9401.71.0030, 9401.71.0031, 9401.79.0045, 
9401.79.0046, 9401.79.0050, 9403.20.0018, 9403.20.0015, 9403.20.0030, 
9403.60.8040, 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 
(collectively, ``RPA''), the Department ruled on January 13, 2003, that 
RPA's poly-fold metal folding chairs are within the scope of the order 
because they are identical in all material respects to the merchandise 
described in the petition, the initial investigation, and the 
determinations of the Secretary.
    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 because it 
is identical in all material respects to the scope description in the 
order, but that the table component, with measurements of: Width (table 
top): 43 inches; depth (table top): 27.375 inches; and height: 34.875 
inches, has legs that fold as a unit and meets the requirements for an 
exemption from 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 because these products have all of the components 
that constitute a folding metal table as described in the scope.
    On July 13, 2005, the Department issued a scope ruling determining 
that ``butterfly'' chairs are not within the scope of the antidumping 
duty order because they do not meet the physical description of 
merchandise covered by the scope of the order as they do not have cross 
braces affixed to the front and/or rear legs, and the seat and back is 
one piece of cloth that is not affixed to the frame with screws, 
rivets, welds, or any other type of fastener.
    On July 13, 2005, the Department issued a scope ruling determining 
that folding metal chairs imported by Korhani of America Inc. are 
within the scope of the antidumping duty order because the imported 
chair has a wooden seat, which is padded with foam and covered with 
fabric or polyvinyl chloride, attached to the tubular steel seat frame 
with screws, and has cross-braces affixed to its legs.
    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 because moon chairs have different physical 
characteristics, different uses, and are advertised differently than 
chairs covered by the scope of the order.
    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 order.
    On April 18, 2008, the Department issued a scope ruling determining 
that the VIKA Twofold 2-in-1 Workbench/

[[Page 2885]]

Scaffold (``Twofold Workbench/Scaffold'') imported by Ignite USA, LLC 
from the PRC is not included within the scope of the antidumping duty 
order because its rotating leg mechanism differs from the folding metal 
tables subject to the order, and its weight is twice as much as the 
expected maximum weight for folding metal tables within the scope of 
the order.
    On May 6, 2009, the Department issued a final determination of 
circumvention, determining that imports from the PRC of folding metal 
tables with legs connected by cross-bars, so that the legs fold in 
sets, and otherwise meeting the description of in-scope merchandise, 
are circumventing the order and are properly considered to be within 
the class or kind of merchandise subject to the order on FMTCs from the 
PRC.
    On May 22, 2009, the Department issued a scope ruling determining 
that folding metal chairs that have legs that are not connected with 
cross-bars are within the scope of the antidumping duty order on 
folding metal tables and chairs from the PRC.
    On October 27, 2009, the Department issued a scope ruling that 
Lifetime Products, Inc.'s (``Lifetime'') fold-in-half adjustable height 
tables are not included within the scope of the antidumping duty order 
because Lifetime's tables essentially share the physical 
characteristics of banquet tables, which are expressly excluded from 
the scope of the order and, therefore, are outside the scope of the 
order.
    On July 27, 2010, the Department issued a scope ruling determining 
that the bistro set imported by Academy Sports & Outdoors, consisting 
of two chairs and a table, are outside the scope of the antidumping 
duty order because they constitute lawn furniture, which is expressly 
excluded from the scope of the order.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
these reviews are addressed in the memorandum from Gary Taverman, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, ``Issues and Decision Memorandum for the 2007-
2008 Deferred Administrative Review and the 2008-2009 Administrative 
Review of Folding Metal Tables and Chairs from the People's Republic of 
China'' (January 10, 2010) (``Issues and Decision Memorandum''), which 
are 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 7046 in the main Department building, and is 
also accessible on the Web at http://www.trade.gov/ia. 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 in both the 2007-2008 deferred and 
2008-2009 reviews, and for New-Tec in the 2008-2009 review. We have 
revised the calculation of normal value to reflect a change in the wage 
rate from $1.23 to $1.22 for both reviews.\5\
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    \5\ See Analysis for the Final Results of the 2007-2008 Deferred 
Administrative Review of Folding Metal Tables and Chairs from the 
People's Republic of China: Feili Group (Fujian) Co., Ltd. and Feili 
Furniture Development Limited Quanzhou City (``Feili''), Analysis 
for the Final Results of the 2008-2009 Administrative Review of 
Folding Metal Tables and Chairs from the People's Republic of China: 
New-Tec Integration (Xiamen) Co. Ltd . (``New-Tec''), and Analysis 
for the Final Results of the 2008-2009 Administrative Review of 
Folding Metal Tables and Chairs from the People's Republic of China: 
Feili Group (Fujian) Co., Ltd. and Feili Furniture Development 
Limited Quanzhou City (``Feili'').
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Final Results of Review

    We determine that the following dumping margins exist for the POR:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
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Feili (6/1/2007-5/31/2008)..................................       *0.04
Feili (6/1/2008-5/31/2009)..................................       *0.00
New-Tec (6/1/2008-5/31/2009)................................       *0.00
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* This rate is de minimis.

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of these reviews. For assessment purposes, we calculated 
exporter/importer- (or customer) specific assessment rates for 
merchandise subject to these reviews. Where appropriate, we calculated 
an ad valorem rate for each importer (or customer) by dividing the 
total dumping margins for reviewed sales to that party by the total 
entered values associated with those transactions. For duty-assessment 
rates calculated on this basis, we will direct CBP to assess the 
resulting ad valorem rate against the entered customs values for the 
subject merchandise. Where appropriate, we calculated a per-unit rate 
for each importer (or customer) by dividing the total dumping margins 
for reviewed sales to that party by the total sales quantity associated 
with those transactions. For duty-assessment rates calculated on this 
basis, we will direct CBP to assess the resulting per-unit rate against 
the entered quantity of the subject merchandise. Where an importer- (or 
customer) specific assessment rate is de minimis under 19 CFR 
351.106(c) (i.e., less than 0.50 percent), the Department will instruct 
CBP to assess that importer (or customer's) entries of subject 
merchandise without regard to antidumping duties. The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of the final results of these reviews.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of the 2008-2009 administrative review 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Feili and New-Tec, 
the cash deposit rate will be the company-specific rate established in 
the final results of review (except, if the rate is zero or de minimis, 
no cash deposit will be required); (2) for previously investigated or 
reviewed PRC and non-PRC 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 that 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 exporters that supplied that non-PRC 
exporter. These deposit requirements, when imposed, 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

[[Page 2886]]

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: January 10, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

Comment 1: Selection of the Primary Surrogate Country
    A. Economic Comparability
    B. Significant Production of Comparable Merchandise
    C. Best Available Surrogate Value Information
Comment 2: Surrogate Financial Statements
    A. General Comments
    B. Receipt of Subsidies
    C. Contemporaneity of Financial Statements
    D. Selection of Financial Statements Based on Sales and 
Production
    E. Selection of Financial Statements Based on Primary Business 
Activity
Comment 3: Surrogate Financial Statements Contained on the Record
Comment 4: Whether it is Appropriate To Change the Primary Surrogate 
Country Between Issuance of the Preliminary and Final Results

[FR Doc. 2011-925 Filed 1-14-11; 8:45 am]
BILLING CODE 3510-DS-P