[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23543-23545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10227]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-888]


Floor-Standing, Metal-Top Ironing Tables and Certain Parts 
Thereof From the People's Republic of China; Notice of Amended Final 
Results of Antidumping Duty Administrative Review

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


DATES: Effective Date: April 27, 2011.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, or Robert James, 
AD/CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4475, and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Amendment to the Final Results

    In accordance with sections 751(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on March 14,

[[Page 23544]]

2011, the Department issued its final results in the administrative 
review of the antidumping duty order on floor-standing, metal-top 
ironing tables and certain parts thereof from the People's Republic of 
China, covering the period August 1, 2008, to July 31, 2009. The final 
results were subsequently released to all parties in the proceeding, 
and published in the Federal Register on March 21, 2011. See Floor 
Standing, Metal Top, Ironing Tables and Certain Parts Thereof From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 76 FR 2332 (March 21, 2011) (Final Results). On 
March 22, 2011, and pursuant to section 751(h) of the Act and 19 CFR 
351.224(c)(2), we received a timely allegation from Home Products 
International, the Petitioner in this administrative review, that the 
Department made ministerial errors with respect to two aspects of the 
margin calculation for Foshan Shunde Yongjian Housewares & Hardware Co. 
(Foshan Shunde). See Letter from Petitioner to the Department of 
Commerce, ``Fifth Administrative Review of Floor Standing, Metal-Top 
Ironing Tables and Certain Parts Thereof from the People's Republic of 
China: Ministerial Errors Reflected in the Final Results of Review'' 
dated March 22, 2011 (Petitioner Ministerial Letter).
    On March 23, 2011, we received a timely-filed allegation from Since 
Hardware (Guangzhou) Co., Ltd. (Since Hardware) which alleged a 
ministerial error with respect to the Department's calculation of 
brokerage and handling. See Letter from Since Hardware to the 
Department of Commerce, titled ``Floor-Standing Metal-Top Ironing 
Tables from China: Ministerial Error Comments'' dated March 23, 2011 
(Since Hardware Ministerial Letter). On March 25, 2011, we received 
comments from Petitioner regarding the ministerial error alleged by 
Since Hardware. See Letter from Petitioner to the Department of 
Commerce, regarding ``Fifth Administrative Review of Floor-Standing, 
Metal-Top Ironing Tables and Certain Parts Thereof from the People's 
Republic of China: Petitioner's Reply to Ministerial Error Comments of 
Since Hardware (Guangzhou) Co., Ltd.'' dated March 25, 2011 
(Petitioners' Response Letter). On March 28, 2011, we received comments 
from Foshan Shunde regarding one of the ministerial errors alleged by 
Petitioner. See Letter from Foshan Shunde to the Department of 
Commerce, regarding ``Certain Ironing Boards from the People's Republic 
of China Rebuttal Comments re Petitioner's Ministerial Error Comment'' 
dated March 28, 2011 (Foshan Shunde Response Letter).
    For a discussion of the Department's analysis of the allegations in 
the Petitioner Ministerial Letter, Since Hardware Ministerial Letter, 
Foshan Shunde Response Letter, and Petitioner Response Letter, see 
Memorandum from Gary Taverman, Acting Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen, 
Deputy Assistant Secretary for Import Administration, entitled, 
``Allegation of Ministerial Errors in the Final Results of the 
Antidumping Duty Administrative Review of Floor Standing, Metal-Top 
Ironing Tables, and Certain Parts Thereof from the People's Republic of 
China: Foshan Shunde Yongjian Housewares & Hardwares Co., Inc and Since 
Hardware (Guangzhou) Co., Ltd.'' dated April 20, 2011 (Ministerial 
Error Allegation Memo).
    A ministerial error, as defined at section 751(h) of the Act, 
includes ``errors in addition, subtraction, or other arithmetic 
function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which {the Department{time}  considers ministerial.'' See also 19 CFR 
351.224(f). In its Ministerial Letter, Petitioner alleges that the 
Department made two ministerial errors in calculating Foshan Shunde's 
antidumping duty margin. First, Petitioner alleges that the Department 
made a ministerial error by including in packing materials certain 
elements that Foshan Shunde had classified as direct materials in its 
questionnaire responses to the Department. Second, Petitioner alleges 
that in the calculation of brokerage and handling expense, the 
Department incorrectly applied the weight and container size values 
actually incurred by Foshan Shunde.
    In its rebuttal letter, Foshan Shunde commented only on 
Petitioner's allegation concerning the weight and container size values 
incurred by Foshan Shunde.
    After analyzing Petitioner's ministerial error comments and Foshan 
Shunde's rebuttal comments, we have determined, in accordance with 
section 751(h) of the Act and 19 CFR 351.224(e), that we made 
ministerial errors with respect to both of the ministerial errors 
alleged by Petitioner. See Ministerial Error Allegation Memorandum at 
2. The Department has corrected both the factors of production 
spreadsheet for Foshan Shunde and the margin program to reflect the 
correction of these errors.
    In its Ministerial Letter, Since Hardware alleges that if the 
Department applies a weight based methodology to calculate brokerage 
and handling, it must change the data selected so as not to derive 
distorted results. In its rebuttal comments, Petitioner asserts there 
is no ministerial error in the Department's calculation of Since 
Hardware's brokerage and handling cost. Petitioner asserts that the 
Department's Final Results reflect the container size and shipment 
weight which the Department intended to use in its calculations. After 
analyzing Since Hardware's ministerial error comments and Petitioner's 
rebuttal comments, we have determined that we made no error in our 
calculation of Since Hardware's brokerage and handling. Id. 
Accordingly, we have made no changes to our calculation of Since 
Hardware's final margin.
    Based upon the foregoing, in accordance with 19 CFR 351.224(e), we 
are amending the final results margin calculation in this antidumping 
duty administrative review of ironing tables and certain parts thereof 
from the People's Republic of China for Foshan Shunde. After correcting 
for the ministerial errors with respect to (1) the elements included 
within direct materials and packing, and (2) the weight and container 
size values incurred by Foshan Shunde, the amended final weighted-
average dumping margin has changed for Foshan Shunde:

------------------------------------------------------------------------
                               Final results
                                 weighted-      Amended final  weighted-
    Manufacturer/Exporter     average  margin       average  margin
                                 percentage            percentage
------------------------------------------------------------------------
Foshan Shunde...............  18.76 percent..  23.61 percent.
------------------------------------------------------------------------


[[Page 23545]]

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these amended final results of review. 
For assessment purposes, where possible, we calculated importer-
specific assessment rates for subject ironing tables from the PRC via 
ad valorem duty assessment rates based on the ratio of the total amount 
of the dumping margins calculated for the examined sales to the total 
entered value of those same sales. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for any 
entries made on or after March 21, 2011, the date of publication of the 
Final Results, 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 Act: (1) For 
Foshan Shunde the cash deposit rate will be the amended 23.61 percent 
shown above; (2) for Since Hardware, the cash deposit rate will 
continue to be 70. 05 percent; (3) 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; (4) 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 
157.68 percent; and (5) for all non-PRC exporters of subject 
merchandise which 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 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 these amended final results of review 
and notice in accordance with sections 751(h) and 777(i) of the Act.

    Dated: April 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10227 Filed 4-26-11; 8:45 am]
BILLING CODE 3510-DS-P