[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Notices]
[Pages 71168-71169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28913]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-868]
Folding Metal Tables and Chairs From the People's Republic of
China: Final Results of Sunset Review and Revocation of Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 1, 2012, the Department of Commerce (``the
Department'') initiated the sunset review of the antidumping duty order
on folding metal tables and chairs from the People's Republic of China
(``PRC''). Because the domestic interested parties did not participate
in this sunset review, the Department is revoking this antidumping duty
order.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6412.
SUPPLEMENTARY INFORMATION: On June 27, 2002, the Department issued an
antidumping duty order on folding metal tables and chairs from the
PRC.\1\ On November 6, 2007, the Department published its most recent
continuation of the order.\2\ On October 1, 2012, the Department
initiated a sunset review of this order.\3\
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\1\ See Antidumping Duty Order: Folding Metal Tables and Chairs
From the People's Republic of China, 67 FR 43277 (June 27, 2002).
\2\ See Folding Metal Tables and Chairs From the People's
Republic of China: Continuation of the Antidumping Duty Order, 72 FR
62626 (November 6, 2007).
\3\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 59897
(October 1, 2012).
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We did not receive a notice of intent to participate from domestic
interested parties in this sunset review by the deadline date. As a
result, in accordance with 19 CFR 351.218(d)(1)(iii)(A), the Department
determined that no domestic interested party intends to participate in
the sunset review, and on October 21, 2012, we notified the
International Trade Commission, in writing, that we intended to issue a
final determination revoking this antidumping duty order.\4\
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\4\ See 19 CFR 351.218(d)(1)(iii)(B)(2).
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Scope of the Order: The products covered by the order consist of
assembled and unassembled folding tables and folding chairs made
primarily or exclusively from steel or other metal, as described below:
[[Page 71169]]
(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:
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 the
order regarding 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, 9401.71.011, 9401.71.0030, 9401.71.0031, 9401.79.0045,
9401.79.0046, 9401.79.0050, 9403.20.0018, 9403.20.0015, 9403.20.0030,
9403.60.8040, 9403.70.8015, 9403.70.8020, and 9403.70.8031 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the Department's written description of the merchandise is
dispositive.
Determination To Revoke: Pursuant to section 751(c)(3)(A) of the
Tariff Act of 1930, as amended (``the Act'') and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic interested party files a
notice of intent to participate, the Department shall, within 90 days
after the initiation of the review, issue a final determination
revoking the order. Because no domestic interested party filed a notice
of intent to participate in this sunset review, the Department finds
that no domestic interested party is participating in this sunset
review. Therefore, consistent with 19 CFR 351.222(i)(1)(i) and section
751(c)(3)(A) of the Act, we are revoking this antidumping duty order.
Effective Date of Revocation: The effective date of revocation is
November 6, 2012, the fifth anniversary of the date of publication in
the Federal Register of the most recent notice of continuation of this
antidumping duty order. Pursuant to section 751(c)(3)(A) of the Act and
19 CFR 351.222(i)(2)(i), the Department intends to issue instructions
to U.S. Customs and Border Protection, 15 days after publication of
this notice, to terminate the suspension of liquidation of the
merchandise subject to this order entered, or withdrawn from warehouse,
on or after November 6, 2012. Entries of subject merchandise prior to
the effective date of revocation will continue to be subject to
suspension of liquidation and antidumping duty deposit requirements.
The Department will complete any pending administrative reviews of this
order and will conduct administrative reviews of subject merchandise
entered prior to the effective date of revocation in response to
appropriately filed requests of review.
This five-year (sunset) review and notice are published in
accordance with sections 751(c) and 777(i)(1) of the Act.
Dated: November 20, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-28913 Filed 11-28-12; 8:45 am]
BILLING CODE 3510-DS-P