67 FR 34898, May 16, 2002

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-868]
 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Folding Metal Tables and Chairs From the People's Republic of 
China

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

ACTION: Notice of Amended Final Determination of Sales at Less Than 
Fair Value.

-----------------------------------------------------------------------

EFFECTIVE DATE: May 16, 2002.

FOR FURTHER INFORMATION CONTACT: John Drury or Helen Kramer, 
Enforcement Group III, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-0195 or (202) 
482-0405, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of Commerce 
(``Department'') regulations are to 19 CFR part 351 (April 2001).

Background

    On April 17, 2002, the Department determined that folding metal 
tables and chairs from the People's Republic of China (PRC) are being, 
or are likely to be, sold in the United States at less than fair value 
(``LTFV''), as provided in section 735(a) of the Act. See Notice of 
Final Determination of Sales at Less Than Fair Value: Folding Metal 
Tables and Chairs from the People's Republic of China, 67 FR 20090 
(April 24, 2002). The Department released disclosure materials to 
interested parties on April 19, 2002.
    On April 23, 2002, the petitioner informed the Department that some 
disclosure materials, specifically copies of the pages of the Monthly 
Statistics of the Foreign Trade of India used by the Department to 
calculate surrogate values, were not included in the disclosure 
package. The petitioner requested copies of these pages. The petitioner 
contacted the Department again on April 25, 2002, and was informed how 
to obtain copies of the necessary pages. Petitioner obtained these 
pages on the same day.
    On April 24, 2002, respondent Feili Group submitted a letter to the 
Department alleging ministerial errors. On April 26, 2002, petitioner 
also submitted a letter to the Department alleging ministerial errors. 
Neither party submitted any further comments.

Scope of the Investigation

    The merchandise subject to this investigation consists 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 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 3" 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 
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 
9401710010, 9401710030, 9401790045, 9401790050, 9403200010 and 
9403200030 of the HTSUS. Although the HTSUS subheadings are provided 
for convenience and U.S. Customs Service purposes, the Department's 
written description of the merchandise is dispositive.

Amended Final Determination

    In accordance with section 735(e) of the Act, we have determined 
that ministerial errors in the calculations of Feili Group's surrogate 
values for packing cartons, scrap steel, plastic links, and plastic 
bags were made in our final margin calculations. For plastic links and 
packing cartons, we made errors in addition and subtraction when using 
the Monthly Statistics of the Foreign Trade of India to calculate the 
surrogate values. Concerning scrap steel, we did not apply the proper 
SAS calculations for our stated methodology. As to plastic bags, we did 
not correct the placement of the decimal point for the reported factor 
of production. For a detailed discussion of the above-cited ministerial 
error allegations and the Department's analysis, see Memorandum to 
Richard O. Weible, ``Allegation of Ministerial Error; Final 
Determination in the Antidumping Duty Investigation of Folding Metal 
Tables and Chairs from the People's Republic of China'' dated May 10, 
2002, which is on file in room B-099 of the main Commerce building.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of the antidumping duty investigation of 
folding metal tables and chairs from the PRC to correct these 
ministerial errors. The revised final weighted-average dumping margins 
are as follows:

[[Page 34899]]



------------------------------------------------------------------------
                                                              Revised
                                             Original        weighted-
          Exporter/manufacturer              weighted-    average margin
                                          average margin      average
                                            percentage      percentage
------------------------------------------------------------------------
Feili Furniture Development Co., Ltd.              23.48           13.72
 and Feili (Fujian) Co., Ltd............
Dongguan Shichang Metals Factory Co. Ltd           23.48           13.72
New-Tec Integration Co., Ltd............           23.48           13.72
Shin Crest Pte. Ltd.....................           00.00           00.00
All Others..............................           70.71           70.71
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the U.S. Customs Service (``Customs'') to continue to suspend 
liquidation of all imports of folding metal tables and chairs from the 
PRC, except for subject merchandise produced by Shin Crest (which has a 
weighted-average margin of zero). Customs shall require a cash deposit 
or the posting of a bond equal to the weighted-average amount by which 
the normal value exceeds the export price, as indicated in the chart 
above. These suspension of liquidation instructions will remain in 
effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Tariff Act, we have 
notified the International Trade Commission of our amended final 
determination.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 10, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-12296 Filed 5-16-02; 8:45 am]
BILLING CODE 3510-DS-P