[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Pages 11085-11087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5627]


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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: Final Results of 
Antidumping Duty Administrative Review

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

SUMMARY: On September 9, 2008, the U.S. Department of Commerce (the 
Department) published the preliminary results of the 2006 2007 
administrative review of the antidumping duty order on floor-standing, 
metal-top ironing tables from the People's Republic of China (PRC). See 
Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From 
the eople's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, 73 FR 52277 (September 9, 2008) (AR3 Preliminary 
Results). This review covers two exporters. The period of review (POR) 
is August 1, 2006 through July 31, 2007. We invited interested parties 
to comment on the Preliminary Results.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the Final Results differ 
from the Preliminary Results. The weighted average dumping margins are 
listed below in the section entitled ``Final Results of Review''.

EFFECTIVE DATE: March 16, 2009.

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 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    We published in the Federal Register the preliminary results of the 
second administrative review on September 9, 2008. See AR3 Preliminary 
Results.
    Following the AR3 Preliminary Results, on October 8 and October 10, 
2008, the Department received respective case briefs from Since 
Hardware and from Home Products International (the Petitioner in this 
case). On October 14, and October 17, 2008, respectively Petitioner and 
Since Hardware submitted rebuttal briefs. On January 5, 2009, the 
Department extended the time frame for publication of the final results 
of review by an additional 60 days. See Floor-Standing Metal-Top 
Ironing Tables and Certain Parts Thereof from the People's Republic of 
China: Extension of Time Limit for the Final Results of Administrative 
Review, 74 FR 267 (January 5, 2009).

Scope of the Order

    For purposes of the order, 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 review.
    Furthermore, the order specifically covers imports of ironing 
tables, assembled or unassembled, complete or incomplete, and certain 
parts thereof. For purposes of the order, 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 
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 
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 the order 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 order 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 countertop 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 new HTSUS subheading 9403.20.0011. The subject metal 
top and leg components are classified under HTSUS subheading

[[Page 11086]]

9403.90.8040. Although the HTSUS subheadings are provided for 
convenience and for Customs and Border Protection (CBP) purposes, the 
Department's written description of the scope remains dispositive.

Separate Rates

    Since Hardware and Forever Holdings requested a separate, company-
specific antidumping duty rate. In the AR3 Preliminary Results, we 
found that both Since Hardware and Forever Holdings had met the 
criteria for the application of a separate antidumping duty rate. See 
Preliminary Results, 72 FR at 52278.
    We have determined that because Since Hardware has provided 
inaccurate and unreliable data, it is no longer eligible for separate 
rate status, and thus is properly considered to be part of the PRC-wide 
entity. See Issues and Decision Memorandum at page 6. See also, 
Carbazole Violet Pigment 23 from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review, 74 FR 883 (January 
9, 2009) (where the Department revoked a respondent's separate rate 
status after the respondent refused to cooperate with the Department's 
administrative review). We have not received any information since the 
Preliminary Results with respect to Forever Holdings that would warrant 
reconsideration of our separate-rates determination. Therefore, we have 
assigned an individual dumping margin to Forever Holdings for this 
review period.

Analysis of Comments Received

    All issues raised in the case briefs by the parties and to which we 
have responded are addressed in the Memorandum to Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration, from John M. 
Andersen, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations entitled ``Issues and Decision 
Memorandum for the Final Results in the Administrative Review of Floor-
Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the 
People's Republic of China'', (March 9, 2009) (Issues and Decision 
Memorandum), which is hereby adopted by this notice. A list of the 
issues raised, all of which are in the Issues and Decision Memorandum, 
is attached to this notice as Appendix I. Parties can find a complete 
discussion of all issues raised in the briefs and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit (CRU), room 1117 of the Department of Commerce. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Web at http://trade.gov/ia. The paper copy 
and electronic version of the Issues and Decision Memorandum are 
identical in content.

Changes since the Preliminary Results

    Based on the comments received from interested parties, we have 
based our analysis for the PRC-wide entity, which includes Since 
Hardware on AFA. See Comment 1 of the Issues and Decision Memorandum 
for the discussion of the basis for, and the application of, AFA; see 
also Memorandum from Richard Weible, Director, Office 7 to John M. 
Andersen, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, ``Since Hardware (Guangzhou) Co., 
Ltd's. Claim Regarding Market Economy Purchases, and Use of Adverse 
Facts Available,'' dated March 9, 2009 (AFA Memorandum).
    We have also used the financial statements of Infiniti Modules for 
the year ended March 31, 2007 to calculate factory overhead, SG&A 
expenses and profit in the final results calculations for Forever 
Holdings. See Comment 2 of the Issues and Decision Memorandum.

Final Results of Review

    We determine that the following antidumping duty margins exist in 
these final results:

------------------------------------------------------------------------
                      Exporter                         Margin (percent)
------------------------------------------------------------------------
PRC-wide Entity (which includes Since Hardware).....            157.68 %
Forever Holdings Limited............................               0.00%
------------------------------------------------------------------------

    See AFA Memorandum for discussion of the basis for, and application 
of, AFA with respect to the PRC-wide entity, which includes Since 
Hardware. For details on the calculation of the antidumping duty 
weighted-average margin for Forever Holdings, see Memorandum to the 
File; from Michael J. Heaney, Senior International Trade Compliance 
Analyst; ``Floor-Standing, Metal-Top Ironing Tables and Certain Parts 
Thereof from the People's Republic of China: Forever Holdings Limited 
(Forever Holdings) Analysis Memorandum for the Final Results,'' dated 
March 9, 2009. The public versions of both memoranda are on file in the 
CRU.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.212(b), the Department will determine, 
and 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 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 upon 
publication of these final results of this administrative review 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 Since Hardware 
the cash deposit rate will be 157.68 percent; (2) for Forever Holdings, 
the Department has calculated a zero percent margin for these final 
results, and therefore no cash deposit will be required for this 
company; (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, including 
those companies for which this review has been rescinded, 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 to Interested Parties

    This notice also serves as the final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 antidumping duties occurred and in the subsequent 
assessment of double antidumping duties.

[[Page 11087]]

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction or conversion to judicial 
protective order of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Timely written notification of 
the return or 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 administrative review and this notice are published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Issues in Decision Memorandum

Comment 1: Since Hardware's Claimed Purchases of Inputs from Market 
Economy Suppliers; Use of Adverse Facts Available
Comment 2: Proper Financial Statements to Use in Calculating 
Respondents' Financial Expenses
[FR Doc. E9-5627 Filed 3-13-09; 8:45 am]
BILLING CODE 3510-DS-S