[Federal Register: November 6, 2007 (Volume 72, Number 214)]
[Notices]
[Page 62626-62628]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no07-32]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-868]
Folding Metal Tables and Chairs From the People's Republic of
China: Continuation of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') that revocation of the existing antidumping duty order on
folding metal tables and chairs from the People's Republic of China
(``PRC'') would likely lead to continuation or recurrence of dumping
and material injury to an industry in the United States, the Department
is publishing this notice of continuation of the antidumping duty
(``AD'') order.
DATES: Effective Dates: November 6, 2007.
FOR FURTHER INFORMATION CONTACT: Charles Riggle or Matthew Quigley, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: 202-482-0650
202-482-4551, respectively.
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''); see also,
[[Page 62627]]
Antidumping Duty Order: Folding Metal Tables and Chairs From the
People's Republic of China, 67 FR 43277 (June 27, 2002) (``Order''). As
a result of its review, the Department found that revocation of the AD
order would likely lead to continuation or recurrence of dumping and
notified the ITC of the margins likely to prevail were the order
revoked. See Folding Metal Tables and Chairs from the People's Republic
of China: Notice of Final Results of Expedited Sunset Review of
Antidumping Duty Order, 72 FR 51409 (September 7, 2007). On September
20, 2007, the ITC determined, pursuant to section 751(c) of the Act,
that revocation of the AD order on folding metal tables and chairs from
the PRC would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. See Folding Metal Tables and Chairs from China, 72 FR
60389 (October 24, 2007), and USITC Publication 3952 Inv. No. 731-TA-
932 (Review) (September 2007).
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 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
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, 9401.71.0030, 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 U.S.
Customs and Border Protection purposes, the Department's written
description of the merchandise is dispositive.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\2\ See ``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).
---------------------------------------------------------------------------
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 AD order because it has legs that
fold in sets.\3\
---------------------------------------------------------------------------
\3\ See ``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).
---------------------------------------------------------------------------
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 AD order.\4\
---------------------------------------------------------------------------
\4\ See ``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).
---------------------------------------------------------------------------
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 AD
order.\5\
---------------------------------------------------------------------------
\5\ See ``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).
---------------------------------------------------------------------------
Also on July 13, 2005, the Department issued a scope ruling
determining that ``butterfly'' chairs are outside the scope of the AD
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. 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. Although butterfly chairs, as described by the
requester have supports made of steel or other metal, they do not have
cross-braces affixed to the front and/or rear legs. The seat and back
is one piece of cloth, which also serves as the carrying bag for the
chair frame when not in use, and is therefore not affixed to the frame
with
[[Page 62628]]
screws, rivets, welds or any other type of fastener.\6\
---------------------------------------------------------------------------
\6\ See ``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).
---------------------------------------------------------------------------
On May 1, 2006, the Department issued a scope ruling determining
that the ``moon chair'' was outside the scope of the antidumping duty
order because it collapses rather than folds as a chair subject to the
order would fold, and it does not have a back pad or seat pad commonly
found in folding chairs. 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\
---------------------------------------------------------------------------
\7\ See ``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).
---------------------------------------------------------------------------
Continuation of Order
As a result of the determinations by the Department and the ITC
that revocation of the AD order on folding metal tables and chairs from
the PRC would likely lead to continuation or recurrence of dumping and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, the Department hereby orders the
continuation of the AD order on folding metal tables and chairs from
the PRC. U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise. This review covers
imports from all manufacturers and exporters of folding metal tables
and chairs from the PRC.
The effective date of continuation of this AD order will be the
date of publication in the Federal Register of this Continuation
Notice. Pursuant to section 751(c)(2) of the Act, the Department
intends to initiate the next five-year review of this order not later
than September 2012.
This five-year or ``sunset'' review and notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: October 31, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-21798 Filed 11-5-07; 8:45 am]
BILLING CODE 3510-DS-P