72 FR 51409, September 7, 2007

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-868]

 
Folding Metal Tables and Chairs from the People's Republic of 
China: Notice of Final Results of Expedited Sunset Review of 
Antidumping Duty Order

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

EFFECTIVE DATE: September 7, 2007.

FOR FURTHER INFORMATION CONTACT: Matthew Quigley at (202) 482-4551, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.
SUMMARY: On May 1, 2007, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on folding metal tables and chairs from the People's Republic of China 
(``PRC''). On the basis of a notice of intent to participate, and an 
adequate substantive response filed on behalf of domestic interested 
parties, as well as a lack of response from respondent interested 
parties, the Department conducted an expedited (120-day) sunset review. 
As a result of the sunset review, the Department finds that revocation 
of the antidumping duty order would be likely to lead to continuation 
or recurrence of dumping. The dumping margins are identified in the 
Final Results of Review section of this notice.

SUPPLEMENTARY INFORMATION:

Background:

    On May 1, 2007, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on folding metal 
tables and chairs from the PRC pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (``the Act''). See Initiation of Five-year 
(``Sunset'') Reviews, 72 FR 23799 (May 1, 2007) (``Initiation 
Notice''). On May 16, 2007, the Department received a notice of intent 
to participate from domestic interested parties, Meco Corporation 
(``Meco'') and KI, within the deadline specified in section 
315.218(d)(1)(i) of the Department's regulations. Meco and KI claimed 
interested party status under section 771(9)(C) of the Act, as domestic 
producers of folding metal tables and chairs in the United States. On 
May 31, 2007, the Department received a substantive response from 
domestic interested parties within the deadline specified in section 
351.218(d)(3)(i) of the Department's regulations. We did not receive 
responses from any respondent interested parties to this proceeding. As 
a result, pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations, the Department 
determined to conduct an expedited review of the order.

Scope of the 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. 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.

[[Page 51410]]

    The subject merchandise is currently classifiable under subheadings 
9401.71.0010, 9401.71.0030, 9401.79.0045, 9401.79.0050, 9403.20.0015, 
9403.20.0030, 9403.70.8010, 9403.70.8020, and 9403.70.8030 of the 
Harmonized Tariff Schedule of the United States (``HTSUS'').\1\ 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the Department's written description of the merchandise is 
dispositive.
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    \1\ Originally the scope included 9403.20.0010, but effective 
July 1, 2003, 9403.20.0010 (metal household furniture) was 
eliminated from the HTS code. 9403.20.0011 (ironing boards) and 
9403.20.0015 (other) were added in its place. 9403.20.0015 contains 
merchandise in 9403.20.0010 except for ironing boards.
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    On January 13, 2003, the Department issued a scope ruling 
determining that ``Poly-Fold'' chairs consisting of steel frames (20-
gauge steel) with polypropylene seats and backs, zinc-plated rivets 
coated with an epoxy polyester powder coating, three drainage holes in 
the seat, specially designed back leg cross bar, four oversized leg 
stoppers with drainage holes, and a frame with hybrid coating are 
within the scope of the antidumping duty order.\2\
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    \2\ See the Memorandum to Joseph A. Spetrini, Deputy Assistant 
Secretary for Import Administration, Group III, From Richard Weible, 
Director, Office 8, AD/CVD Enforcement ``Final Scope Ruling on 
Whether RPA International Pty. Ltd.'s Poly-Fold Chairs Are Excluded 
from the Scope of the Antidumping Duty Order on Folding Metal Tables 
and Chairs from the People's Republic of China,'' January 13, 2003.
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    On May 5, 2003, the Department issued a scope ruling with respect 
to the ``Complete Office-To-Go'' set, which consists of a single chair 
and a table with a monitor stand and legs that fold as a set. The 
Department ruled that the chair component is within the scope of the 
antidumping duty order because the chair component is identical to the 
chairs described in the order, but the Department ruled that table 
component is outside the scope of the antidumping duty order because it 
has legs that fold in sets.\3\
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    \3\ See the Memorandum to Barbara Tillman, Acting Deputy 
Assistant Secretary for Import Administration, Group III, From 
Richard Weible, Director, Office 8, AD/CVD Enforcement ``Final Scope 
Ruling on Whether Staples, The Office Superstore Incorporated's 
`Complete Office-To-Go' is Excluded from the Scope of the 
Antidumping Duty Order on Folding Metal Tables and Chairs from the 
People's Republic of China,'' May 5, 2003.
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    On September 7, 2004, the Department issued a scope ruling 
determining that folding tables with tops made of blow-molded plastic 
and frames made of steel are within the scope of the antidumping duty 
order.\4\
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    \4\ See the Memorandum to Jeffrey A. May, Deputy Assistant 
Secretary for Import Administration, Through Edward C. Yang, Senior 
Enforcement Coordinator, China/NME Group, From Kristina Boughton, 
International Trade Compliance Analyst, China/NME Group, Office 9, 
``Final Scope Ruling on Whether Lifetime Tables 4600 and 4606 Are 
Excluded from the Scope of the Antidumping Duty Order on Folding 
Metal Tables and Chairs from the People's Republic of China,'' 
September 7, 2004.
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    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 a 
tubular steel seat frame with screws, are within the scope of the 
antidumping duty order.\5\
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    \5\ See the Memorandum to Barbara Tillman, Acting Deputy 
Assistant Secretary for Import Administration, Group III, From Wendy 
J. Frankel, Director, AD/CVD Operations, Office 8 ``Final Scope 
Ruling of the Antidumping Duty Order on Folding Metal Tables and 
Chairs from the People's Republic of China (A-570-868); Korhani of 
America, Inc.,'' July 13, 2005.
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    Also on July 13, 2005, the Department issued a scope ruling 
determining that ``butterfly'' chairs are outside 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 rod 
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.\6\
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    \6\ See the Memorandum to Barbara Tillman, Acting Deputy 
Assistant Secretary for Import Administration, From Wendy J. 
Frankel, Director, AD/CVD Operations, Office 8 ``Final Scope Ruling 
of the Antidumping Duty Order on Folding Metal Tables and Chairs 
from the People's Republic of China (A-570-868); Spencer Gifts, 
LLC,'' July 13, 2005.
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    On May 1, 2006, the Department issued a scope ruling determining 
that ``moon chairs'' are outside the scope of the antidumping duty 
order. Moon chairs are described as containing circular, fabric-padded, 
concave cushions that envelope 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.\7\
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    \7\ See the Memorandum to Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, from Wendy J. Frankel, 
Director, AD/CVD Operations, Office 8 ``Final Scope Ruling of the 
Antidumping Duty Order on Folding Metal Tables and Chairs from the 
People's Republic of China (A-570-868); Mac Industries (Shanghai) 
Co., Ltd., Jiaxing Yinmao International Trading Company, Ltd and 
Fujian Zenithen Consumer Products Company Ltd.,'' May 1, 2005.
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Analysis of Comments Received:

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memorandum'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated August 
29, 2007, which is hereby adopted by this notice. The issues discussed 
in the Decision Memorandum include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins likely to 
prevail if the order were revoked. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum, which is on file in room B-
099 of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the web at http://ia.ita.doc.gov/. The paper copy 

and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Review:

    Pursuant to section 752(c)(3) of the Act, we determine that 
revocation of the antidumping duty order on folding metal tables and 
chairs from the PRC would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
Dongguan Shichang...................................               13.72
Feili...............................................               13.72
New-Tec.............................................               13.72
PRC-wide............................................               70.71
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the

[[Page 51411]]

regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: August 29, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-17702 Filed 9-6-07; 8:45 am]

BILLING CODE 3510-DS-S