2011-6558. 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 14, 2010, the U.S. Department of Commerce (the Department) published the preliminary results of the 2008—2009 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 People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 55754 (September 14, 2010) (AR5 Preliminary Results). This review covers two exporters, Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. (Foshan Shunde) and Since Hardware (Guangzhou) Co., Ltd. (Since Hardware). The period of review (POR) is August 1, 2008, through July 31, 2009. 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”.

DATES:

Effective Date: March 21, 2011.

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: [phone] or [phone], respectively.

SUPPLEMENTARY INFORMATION:

Background

On September 14, 2010, the Department published the preliminary results of this administrative review. See AR5 Preliminary Results. The merchandise covered by the order is floor-standing, metal-top ironing tables and certain parts thereof from the PRC, as described in the “Scope of the Order” section of the this notice. The period of review (POR) is August 1, 2008, through July 31, 2009. This administrative review covers Foshan Shunde and Since Hardware.

In the Preliminary Results, we invited parties to comment. Additionally, on October 22, 2010 we issued to interested parties a memorandum detailing the industry-specific wage rates that the Department intended to use in these Final Results. See October 22, 2010, Memorandum from Michael J. Heaney to the File: “08/01/2008/07/31/2009 Review of the Antidumping Duty Order on Floor Standing Metal Top Ironing Tables from the People's Republic of China: Industry Specific Wage Rate Selection.” We invited interested parties to comment on the Department's calculation of industry specific wage rates that are outlined in our October 22, 2010, Industry Specific Wage Rate Memorandum. On November 3, 2010, we extended the due date for filing case briefs until November 15, 2010. In response, on November 15, 2010, the Department received respective case briefs from Foshan Shunde and from Home Products International (the Petitioner in this case).^[1] Petitioner, Foshan Shunde, and Since Hardware submitted rebuttal briefs on November 22, 2010. On December 27, 2010, the Department extended the time frame for 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, 75 FR 81212 (December 27, 2010).

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 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

Foshan Shunde and Since Hardware requested a separate, company-specific antidumping duty rate. In the AR5 Preliminary Results, we found that both Foshan Shunde and Since Hardware had met the criteria for the application of a separate antidumping duty rate. See Preliminary Results, 75 FR at 55755-55756. We verified Foshan Sunde's and Since Hardware's separate rate responses and found no discrepancies.

Further, we have not received any information since the Preliminary Results with respect to Foshan Shunde or Since Hardware that would warrant reconsideration of our separate-rates determination. Therefore, we have assigned an individual dumping margin to Foshan Shunde and Since Hardware 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, Deputy Assistant Secretary for Import Administration, from Christian Marsh, 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 14, 2011) (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 7046 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 made the following changes from that presented in our Preliminary Results:

For both Foshan Shunde and Since Hardware, we have based our calculations of labor inputs on industry-specific wage rates using the methodology set forth in our Industry Specific Wage Rate Memorandum.

For both Foshan Shunde and Since Hardware, we have revised our calculation of brokerage and handling and applied these charges according to the weight of the merchandise and the container size of the shipment.

For both Foshan Shunde and Since Hardware, we have corrected an error in our calculation of the surrogate value of water.

For Foshan Shunde we have revised the cotton conversion factor used in our calculations.

For Foshan Shunde, we have included the cost of cartons in our calculation of packing charges.

Final Results of Review

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

Exporter	Margin (percent)
Foshan Shunde	18.76
Since Hardware	70.05

For details on the calculation of the antidumping duty weighted-average margin for Foshan Shunde and Since Hardware, 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: Foshan Shunde Yongjian Housewares & Hardware Co., (Foshan Shunde) Analysis Memorandum for the Final Results,” dated March 14 2011; see also 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: Since Hardware (Guangzhou) Co., Ltd. (Since Hardware) Analysis Memorandum for the Final Results.” 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 Foshan Shunde the cash deposit rate will be 18.76 percent; (2) for Since Hardware, the cash deposit rate will be 70. 05 percent; (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, 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.

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 14, 2011.

Kim Glas,

Acting Deputy Assistant Secretary for Import Administration.

Appendix I

Issues in Decision Memorandum

Comment 1: Financial Statements Used To Determine General Expenses and Profit Ratios.

Comment 2: Appropriate Wage Rate Calculation.

Comment 3: Brokerage and Handling.

Comment 4: Zeroing.

Comment 5: Whether Certain Expenses are Appropriately Classified as Packaging or Material Costs.

Comment 6: Surrogate Value of Cotton.

Comment 7: Surrogate Value of Water.

Comment 8: Whether Foshan Shunde's Yield Losses Are Reasonable and Necessitate Use of Facts Available; Whether Discrepancies in Since Hardware's Calculation of Yield Losses Necessitate Use of Adverse Facts Available.

Comment 9: Foshan Shunde Packing Calculation.

Footnotes

1.  On November 16, 2010, Since Hardware attempted to submit a case brief. On November 22, 2010, the Department issued a letter to Since Hardware which rejected Since Hardware's November 16, 2010, case brief as untimely filed. See November 22, 2010, letter from Robert M. James to Since Hardware. Accordingly, the Department has not considered Since Hardware's November 16, 2010, submission in these Final Results.