69 FR 35296, June 24, 2004
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-888]
Notice of Final Determination of Sales at Less Than Fair Value: 
Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof 
From the People's Republic of China
AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
ACTION: Notice of final determination of sales at less than fair value.
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DATES: Effective Date: June 24, 2004.
FOR FURTHER INFORMATION CONTACT: Paige Rivas or Sam Zengotitabengoa, 
AD/CVD Enforcement, Office 4, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-0651 or (202) 482-4195, respectively.
SUPPLEMENTARY INFORMATION:
Final Determination
    We determine that floor-standing, metal-top ironing tables and 
certain parts thereof (ironing tables) from the People's Republic of 
China (PRC) are being sold, or are likely to be sold, in the United 
States at less than fair value (LTFV), as provided in section 735 of 
the Tariff Act of 1930, as amended (the Act). The estimated margins of 
sales at LTFV are shown in the ``Final Determination of Investigation'' 
section of this notice.
Case History
    On February 3, 2004, the Department of Commerce (the Department) 
published the preliminary determination of sales at LTFV in the 
antidumping duty investigation of ironing tables from the PRC. See 
Notice of Preliminary Determination of Sales at Less Than Fair Value: 
Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from 
the People's Republic of China, 69 FR 5127 (February 3, 2004) 
(Preliminary Determination). Since the preliminary determination, the 
following events have occurred.
    On February 3, 2004, Shunde Yongjian Housewares Co. Ltd. 
(Yongjian), a mandatory respondent in this investigation, requested a 
full postponement of the final determination. Accordingly, on February 
19, 2004, the Department published the postponement of the final 
determination from April 10, 2003, until June 13, 2004. See Floor-
Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the 
People's Republic of China: Postponement of Final Antidumping 
Determination, 69 FR 8625 (February 25, 2004). From February 23, 2004, 
through March 8, 2004, the Department conducted a sales and factors of 
production verification of Yongjian and Since Hardware (Guangzhou) Co., 
Ltd. (Since Hardware), the other mandatory respondent in this 
investigation. On March 4, 2004, the petitioner \1\ filed a request for 
a public hearing in this investigation, but then withdrew its request 
on May 5, 2004. Since Hardware and Yongjian filed publicly available 
surrogate value information and data on March 29, 2004. The respondents 
filed case briefs on April 29, 2004, and the petitioner filed its case 
brief on April 30, 2004. The respondents filed rebuttal briefs on May 
4, 2004, and the petitioner filed its rebuttal brief on May 5, 2004.
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    \1\ The petitioner in this case is Home Products International, 
Inc. (HPI).
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    Due to the unexpected closure of the main Commerce building on 
Friday, June, 11, 2004, the Department has tolled the deadline for this 
final determination by two days to June 15, 2004.
Period of Investigation
    The period of investigation (POI) is October 1, 2002, through March 
31, 2003. This period corresponds to the two most recent fiscal 
quarters prior to the month of the filing of the petition (i.e., June 
2003). See 19 CFR 351.204(b)(1).
Scope of Investigation
    For purposes of this investigation, the product covered consists of 
floor-standing, metal-top ironing tables, assembled or unassembled, 
complete or incomplete, and certain parts thereof. The subject tables 
are designed and used principally for the hand ironing or pressing of 
garments or other articles of fabric. The subject tables have full-
height leg assemblies that support the ironing surface at an 
appropriate (often adjustable) height above the floor. The subject 
tables are produced in a variety of leg finishes, such as painted, 
plated, or matte, and they are available with various features, 
including iron rests, linen racks, and others. The subject ironing 
tables may be sold with or without a pad and/or cover. All types and 
configurations of floor-standing, metal-top ironing tables are covered 
by this investigation.
    Furthermore, this investigation specifically covers imports of 
ironing
[[Page 35297]]
tables, assembled or unassembled, complete or incomplete, and certain 
parts thereof. For purposes of this investigation, the term 
``unassembled'' ironing table means a product requiring the attachment 
of the leg assembly to the top or the attachment of an included feature 
such as an iron rest or linen rack. The term ``complete'' ironing table 
means a product sold as a ready-to-use ensemble consisting of the 
metal-top table and a pad and cover, with or without additional 
features, e.g. iron rest or linen rack. The term ``incomplete'' ironing 
table means a product shipped or sold as a ``bare board''--i.e., a 
metal-top table only, without the pad and cover--with or without 
additional features, e.g. iron rest or linen rack. The major parts or 
components of ironing tables that are intended to be covered by this 
investigation under the term ``certain parts thereof'' consist of the 
metal top component (with or without assembled supports and slides) 
and/or the leg components, whether or not attached together as a leg 
assembly. The investigation covers separately shipped metal top 
components and leg components, without regard to whether the respective 
quantities would yield an exact quantity of assembled ironing tables.
    Ironing tables without legs (such as models that mount on walls or 
over doors) are not floor-standing and are specifically excluded. 
Additionally, tabletop or counter top models with short legs that do 
not exceed 12 inches in length (and which may or may not collapse or 
retract) are specifically excluded.
    The subject ironing tables were previously classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
9403.20.0010. Effective July 1, 2003, the subject ironing tables are 
classified under the new HTSUS subheading 9403.20.0011. The subject 
metal top and leg components are classified under HTSUS subheading 
9403.90.8040. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
remains dispositive.
Analysis of Comments Received
    All issues raised in the case and rebuttal briefs by parties to 
this proceeding, and to which we have responded, are listed in the 
Appendix to this notice and addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. See Memorandum from 
Holly A. Kuga, Acting Deputy Assistant Secretary for Import 
Administration, Office II, to James Jochum, Assistant Secretary for 
Import Administration, ``Issues and Decision Memorandum for the Final 
Determination in the Antidumping Duty Investigation of Floor-Standing, 
Metal-Top Ironing Tables and Certain Parts Thereof from the People's 
Republic of China,'' dated concurrently with this notice, (Issues and 
Decision Memorandum) on file in the Central Records Unit (CRU) located 
in room B-099 of the Main Commerce Building.) and accessible on the 
Internet at http://ia.ita.doc.gov. The paper copy and electronic 
version of the Issues and Decision Memorandum are identical in content.
Non-Market Economy Country Status
    The Department has treated the PRC as a non-market economy (NME) 
country in all its past antidumping investigations. See Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Circular Welded 
Carbon-Quality Steel Pipe from the People's Republic of China, 67 FR 
36570, 36571 (May 24, 2002); and Notice of Final Determination of Sales 
at Less Than Fair Value: Structured Steel Beams from the People's 
Republic of China, 67 FR 35479, 35480 (May 20, 2000); and Notice of 
Final Determination of Sales at Less Than Fair Value Certain: Folding 
Metal Tables and Chairs from the People's Republic of China, 67 FR 
20090 (April 24, 2002). In accordance with section 771(18)(C) of the 
Act, any determination that a foreign country is an NME country shall 
remain in effect until revoked. No party to this investigation has 
sought revocation of the NME status of the PRC. Therefore, pursuant to 
section 771(18)(C) of the Act, the Department will continue to treat 
the PRC as an NME country. For further details, see the Preliminary 
Determination.
Separate Rates
    In our Preliminary Determination, we found that both mandatory 
responding companies, Since Hardware and Yongjian, and three of the 
four companies responding to Section A of the Department's 
questionnaire, Forever Holdings Ltd. (Forever Holdings), Gaoming Lihe 
Daily Necessities Co., Ltd. (Gaoming Lihe), and Harvest International 
Housewares Ltd. (Harvest International), met the criteria for the 
application of separate, company-specific antidumping duty rates. We 
have not received any other information since the preliminary 
determination which would warrant reconsideration of our separates 
rates determination with respect to these companies. For a complete 
discussion of the Department's determination that the respondents are 
entitled to a separate rate, see the Preliminary Determination.
The PRC-Wide Rate
    In all NME cases, the Department makes a rebuttable presumption 
that all exporters located in the NME country comprise a single 
exporter under common government control, the ``NME entity.'' See 
Notice of Final Determination of Sales at Less Than Fair Value: 
Bicycles From the People's Republic of China, 61 FR 19026, 19027 (April 
30, 1996) (Bicycles from the PRC). Although the Department provided all 
known PRC exporters of the subject merchandise with the opportunity to 
respond to our initial questionnaire, only Since Hardware, Yongjian, 
Forever Holdings, Gaoming Lihe, Harvest International, and Lerado 
responded. However, because other PRC companies did not submit a 
response to the Department's Section A quantity and value question, as 
discussed above in the ``Case History'' section of the Preliminary 
Determination, and did not demonstrate their entitlement to a separate 
rate, we have implemented the Department's rebuttable presumption that 
these exporters constitute a single enterprise under common control by 
the PRC government. Accordingly, we are applying adverse facts 
available to determine the single antidumping duty rate, the PRC-wide 
rate, applicable to all other PRC exporters comprising this single 
enterprise. See, e.g., Final Determination of Sales at Less Than Fair 
Value: Synthetic Indigo from the People's Republic of China, 65 FR 
25706, 25707 (May 3, 2000).
Surrogate Country
    For purposes of the final determination, we continue to find that 
India remains the appropriate surrogate country for the PRC. For 
further discussion and analysis regarding the surrogate country 
selection for the PRC, see the Preliminary Determination.
Verification
    As provided in section 782(i) of the Act, we verified the 
information submitted by the respondents for use in our final 
determination. We used standard verification procedures including 
examination of relevant accounting and production records, and original 
source documents provided by the respondents. For changes from the 
Preliminary Determination as a result of verification, see the 
``Changes Since the Preliminary Determination'' section below.
[[Page 35298]]
Changes Since the Preliminary Determination
    Based on our findings at verification and on our analysis of the 
comments received, we have made adjustments to the calculation 
methodologies used in the preliminary determination. These adjustments 
are listed below and discussed in detail in the: (1) Issues and 
Decision Memorandum; (2) Memorandum from Sam Zengotitabengoa, 
International Trade Compliance Analyst, Group II, Office 4, to the 
File, ``Surrogate Country Factors of Production Values in the Final 
Determination of the Antidumping Duty Investigation on Floor-Standing, 
Metal-Top Ironing Tables and Certain Parts Thereof from the People's 
Republic of China,'' dated concurrently with this notice, (Surrogate 
Factors Valuation Memo); and, (3) Memorandum from Sam Zengotitabengoa, 
International Trade Compliance Analyst, Group II, Office 4, to the 
File, ``Since Hardware's Margin Calculation Analysis for the Final 
Determination in the Antidumping Duty Investigation of Floor-Standing, 
Metal-Top Ironing Tables and Certain Parts Thereof from the People's 
Republic of China,'' dated concurrently with this notice (Since 
Hardware's Calculation Memorandum), and Memorandum from Sam 
Zengotitabengoa, International Trade Compliance Analyst, Group II, 
Office 4, to the File, ``Yongjian's Margin Calculation Analysis for the 
Final Determination in the Antidumping Duty Investigation of Floor-
Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the 
People's Republic of China,'' dated concurrently with this notice 
(Yongjian's Calculation Memorandum).
    1. We revised the PRC labor rate. See Issues and Decision 
Memorandum, at Comment 2.
    2. We revised the calculation of inland truck freight. See Issues 
and Decision Memorandum, at Comment 3.
    3. We revised our surrogate value for PE septa. See Issues and 
Decision Memorandum, at Comment 4-B.
    4. We revised our surrogate value of stainless steel. See Issues 
and Decision Memorandum, at Comment 4-C.
    5. We revised our surrogate value of welding wire. See Issues and 
Decision Memorandum, at Comment 4-D.
    6. We revised our surrogate value of pigment. See Issues and 
Decision Memorandum, at Comment 4-E.
    7. We revised our surrogate value for silica gel parts. See Issues 
and Decision Memorandum, at Comment 4-F.
    8. We revised our surrogate value for cotton rope. See Issues and 
Decision Memorandum, at Comment 4-H.
    9. We revised our surrogate value for glue. See Issues and Decision 
Memorandum, at Comment 4-J.
    10. We revised our surrogate value for cotton fixing strips. See 
Issues and Decision Memorandum, at Comment 4-K.
    11. We revised our surrogate value for cold rolled steel. See 
Issues and Decision Memorandum, at Comment 6 and Comment 6-A.
    12. We revised our surrogate value for hot rolled steel. See Issues 
and Decision Memorandum, at Comment 6-B.
    13. We revised our surrogate value for steel wire rod. See Issues 
and Decision Memorandum, at Comment 6-C.
    14. We revised our surrogate value for powder coating. See Issues 
and Decision Memorandum, at Comment 6-F.
    15. We did not grant Since Hardware's billing adjustment. See 
Issues and Decision Memorandum, at Comment 9.
    16. We revised the surrogate financial ratios for overhead, SG&A, 
and profit. See Issues and Decision Memorandum, at Comment 10.
    17. We revised the data contained in Yongjian's factors of 
production database, based on our findings at verification. See Issues 
and Decision Memorandum, at Comment 11.
    18. We revised the inland freight distances for the materials whose 
values were either not reported or mis-reported at the preliminary 
determination. See Surrogate Factors Valuation Memo.
Continuation of Suspension of Liquidation
    In accordance with section 735(c)(1)(B)(ii) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue 
suspension liquidation of entries of subject merchandise from the PRC 
that are entered, or withdrawn from warehouse, for consumption on or 
after February 3, 2004 (the date of publication of the Preliminary 
Determination in the Federal Register). We will instruct CBP to require 
a cash deposit or the posting of a bond equal to the weighted-average 
amount by which NV exceeds the U.S. price, as indicated in the chart 
below. These suspension-of-liquidation instructions will remain in 
effect until further notice.
Final Determination of Investigation
    We determine that the following weighted-average percentage margins 
exist for the period October 1, 2002, through March 31, 2003:
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                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
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Since Hardware (Guangzhou) Co., Ltd........................         6.60
Shunde Yongjian Housewares Co., Ltd........................       113.80
Forever Holdings Ltd.......................................        52.04
Gaoming Lihe Daily Necessities Co., Ltd....................        52.04
Harvest International Housewares Ltd.......................        52.04
PRC-Wide Rate..............................................       113.80
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    The PRC-wide rate applies to all entries of the subject merchandise 
except for entries from Since Hardware, Yongjian, Forever Holdings, 
Harvest International, and Gaoming Lihe.
International Trade Commission Notification
    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine, within 45 days, 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry. If the ITC determines that material 
injury, or threat of material injury does not exist, the proceeding 
will be terminated and all securities posted will be refunded or 
cancelled. If the ITC determines that such injury does exist, the 
Department will issue an antidumping duty order directing CBP officials 
to assess antidumping duties on all imports of subject merchandise 
entered for consumption on or after the effective date of the 
suspension of liquidation.
Notification Regarding Administrative Protective Order
    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 in accordance with 19 CFR 351.305. Timely notification of 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 determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.
[[Page 35299]]
    Dated: June 15, 2004.
James J. Jochum,
Assistant Secretary, for Import Administration.
Appendix--Issues and Decision Memorandum
Comment 1: Whether the Department Should Correct Alleged Ministerial 
           Errors in the Preliminary Determination
Comment 2: Whether the Department Should Use the Most Current Wage 
           Rate for China
Comment 3: Whether the Department Should Correct Surrogate Values 
           for Inland Freight and Brokerage and Handling
Comment 4: Whether the Department Should Use Different Harmonized 
           Tariff Classifications for Certain Material Inputs
Comment 5: Whether the Department Used the Best Available Data 
           Source To Value Certain Material Inputs
Comment 6: Whether the Department Used Aberrant Surrogate Values for 
           Certain Material Inputs
Comment 7: Whether the Department Should Accept Since Hardware's 
           Market Economy Purchases That Were Not Verified by the Department
Comment 8: Whether the Department Should Use the Market Economy 
           Price to Value Cold-Rolled Steel Inputs
Comment 9: Whether the Department Should Consider Billing 
           Adjustments in the Calculation of Since Hardware's U.S. Price
Comment 10: Whether the Department Selected the Proper Data Source for its 
            Calculation of Surrogate Overhead, SG&A, and Profit Ratios
Comment 11: Corrections Arising From Verification
[FR Doc. 04-14360 Filed 6-23-04; 8:45 am]