[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Pages 39680-39682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16458]


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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 (``Department'') published its 
Preliminary Results of administrative review of the antidumping duty 
order on folding metal tables and chairs from the People's Republic of 
China (``PRC'') on March 7, 2012.\1\ The period of review (``POR'') is 
June 1, 2010, through May 31, 2011. 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 margin for

[[Page 39681]]

this review is 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, 77 FR 13539 (March 7, 2012) (``Preliminary 
Results'').

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DATES:  Effective Date: July 5, 2012.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Charles Riggle, 
AD/CVD Operations, Office 4, 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) 482-0650, respectively.

Background

    On March 7, 2012, the Department published its Preliminary Results. 
On April 10, 2012, Feili Group (Fujian) Co., Ltd. and Feili Furniture 
Development Limited Quanzhou City (``Feili''), a mandatory respondent 
in the administrative review, Cosco Home and Office Products 
(``Cosco'') and Target Corporation (``Target''), importer interested 
parties, provided surrogate value information. On April 17, 2012,\2\ 
Feili, Cosco, and Target submitted case briefs for the administrative 
review. On April 23, 2012, the Department received a rebuttal brief 
from Feili.
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    \2\ The Department postponed the briefing schedule and 
submission of surrogate values on March 15, 2012.
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    On April 10, 2012, Meco Corporation, a domestic producer of the 
like product and petitioner in the underlying investigation 
(``Petitioner''), withdrew its request for administrative review. On 
April 13, 2012, Feili and Cosco withdrew their requests for 
administrative review and requested that the Department rescind the 
ongoing review. On April 16, 2012, Target filed comments supporting the 
rescission of the review.\3\
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    \3\ We recognize that Petitioner's original review request, 
dated June 28, 2011, and the subsequent withdrawal request lacked 
certification of factual information. However, this lack of 
certification is of no consequence in continuing the review because 
we had timely requests from both Feili and Cosco.
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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''), 19 CFR 
351.241, and 19 CFR 351.213.

Scope of Order

    The products covered by the 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, 9401.71.0011, 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, 9403.70.8015, 9403.70.8020, and 9403.70.8031 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 Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the 2010-2011 Administrative Review of Folding 
Metal Tables and Chairs from the People's Republic of China'' (dated 
concurrently with this notice) (``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 electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). Access to IA 
ACCESS is available in the Central Records Unit (``CRU''), room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Internet at http://www.trade.gov/ia/. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision 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.
     We included contemporaneous financial statements of two 
additional Thai producers of comparable merchandise, Silpfah Thai 
Industrial Limited Partnership and Index Interfurn Co., Ltd., to derive 
the average surrogate financial ratios.\4\
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    \4\ See Analysis for the Final Results of the 2010-2011 
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''), dated 
concurrently with this notice, at Attachment 5.
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     We applied a market-economy purchase price to Feili's 
factors of production of rivets and revised the value for washers.\5\
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    \5\ See id,, at Attachment 4.

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[[Page 39682]]

     We corrected the conversion rate from cubic meters to 
kilograms in valuing Feili's natural gas.\6\
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    \6\ See id., at Attachment 3.
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Final Results of Review

    We determine that the dumping margins for the POR are as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                      Exporter                              margin
------------------------------------------------------------------------
Feili Group (Fujian) Co., Ltd., Feili Furniture                     0.00
 Development Limited Quanzhou City..................
------------------------------------------------------------------------

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 this review. For assessment purposes, we calculated 
exporter/importer- (or customer) specific assessment rates for 
merchandise subject to this review. 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 this administrative review for all 
shipments of the subject merchandise from the PRC 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 Feili, because 
the rate is zero, 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 which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate established in the final results of this review (i.e., 70.71 
percent); and (4) 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 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 these reviews is issued and 
published in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 27, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Issues and Decision Memorandum

Comment 1: Rescission of the Administrative Review
Comment 2: Selection of the Primary Surrogate Country
Comment 3: Surrogate Financial Statements
    A. Use of Silpfah's Financial Statements
    B. Use of Interfurn's Financial Statements
    C. Treatment of Siam Steel's Expenses
Comment 4: Valuation of Feili Market-Economy Inputs
    A. Rivets
    B. Washers
Comment 5: Labor Cost
Comment 6: Correction of Certain Clerical Errors
    A. Natural Gas
    B. Feili's Liquidation Instructions

[FR Doc. 2012-16458 Filed 7-3-12; 8:45 am]
BILLING CODE 3510-DS-P