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the People's Republic of China  folding metal tables and chairs   Folding Metal Tables and Chairs from China



Case Number:   A–570–868

Anniversary Month: June

Final Rates:

New-Tec Integration (Xiamen) Co., Ltd. -- 0.00%

Scope:

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 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, 9401.71.0030, 9401.79.0045, 9401.79.0050, 9403.20.015, 9403.20.0030, 9403.70.8010, 9403.70.8020, and 9403.70.8030 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.

Based on a request by RPA International Pty., Ltd. and RPS, LLC (collectively, ‘‘RPA’’), the Department ruled on January 13, 2003, that RPA’s poly-fold metal folding chairs are within the scope of the order because they are identical in all material respects to the merchandise described in the petition, the initial investigation, and the determinations of the Secretary.

On May 5, 2003, in response to a request by Staples, the Office Superstore Inc. (‘‘Staples’’), the Department issued a scope ruling that the chair component of Staples’ ‘‘Complete Office-To-Go,’’ a folding chair with a tubular steel frame and a seat and back of plastic, with measurements of: height: 32.5 inches; width: 18.5 inches; and depth: 21.5 inches, is covered by the scope of the order because it is identical in all material respects to the scope description in the order, but that the table component, with measurements of: width (table top): 43 inches; depth (table top): 27.375 inches; and height: 34.875 inches, has legs that fold as a unit and meets the requirements for an exemption from the scope of the order.

On September 7, 2004, the Department found that table styles 4600 and 4606 produced by Lifetime Plastic Products Ltd. are within the scope of the order because these products have all of the components that constitute a folding metal table as described in the scope.

On July 13, 2005, the Department issued a scope ruling determining that ‘‘butterfly’’ chairs are not within the scope of the antidumping duty order because they do not meet the physical description of merchandise covered by the scope of the order as they do not have cross braces affixed to the front and/or rear legs, and the seat and back is one piece of cloth that is not affixed to the frame with screws, rivets, welds, or any other type of fastener.

On July 13, 2005, the Department issued a scope ruling determining that folding metal chairs imported by Korhani of America Inc. are within the scope of the antidumping duty order because the imported chair has a wooden seat, which is padded with foam and covered with fabric or polyvinyl chloride, attached to the tubular steel seat frame with screws, and has cross-braces affixed to its legs.

On May 1, 2006, the Department issued a scope ruling determining that ‘‘moon chairs’’ are not included within the scope of the antidumping duty order because moon chairs have different physical characteristics, different uses, and are advertised differently than chairs covered by the scope of the order.

On October 4, 2007, the Department issued a scope ruling determining that International E–Z Up Inc.’s (‘‘E–Z Up’’) Instant Work Bench is not included within the scope of the antidumping duty order because its legs and weight do not match the description of the folding metal tables in the scope of the order.

On April 18, 2008, the Department issued a scope ruling determining that the VIKA Twofold 2-in-1 Workbench/ Scaffold (‘‘Twofold Workbench/ Scaffold’’) imported by Ignite USA, LLC from the PRC is not included within the scope of the antidumping duty order because its rotating leg mechanism differs from the folding metal tables subject to the order, and its weight is twice as much as the expected maximum weight for folding metal tables within the scope of the order.

On May 6, 2009, the Department issued a final determination of circumvention, determining that imports from the PRC of folding metal tables with legs connected by cross– bars, so that the legs fold in sets, and otherwise meeting the description of in– scope merchandise, are circumventing the order and are properly considered to be within the class or kind of merchandise subject to the order on FMTCs from the PRC.

On May 22, 2009, the Department issued a scope ruling determining that folding metal chairs that have legs that are not connected with cross-bars are within the scope of the antidumping duty order on folding metal tables and chairs from the PRC.

On October 27, 2009, the Department issued a scope ruling that Lifetime Products, Inc.’s (‘‘Lifetime’’) fold-in-half adjustable height tables are not included within the scope of the antidumping duty order because Lifetime’s tables essentially share the physical characteristics of banquet tables, which are expressly excluded from the scope of the order and, therefore, are outside the scope of the order. 
                                                                                                                             History | Current Rates

New-Tec Integration (Xiamen) Continues De Minimis Streak with 0.12% Antidumping Duty Rate on Folding Metal Tables and Chairs from China in Review Affecting June 1, 2007, through May 31, 2008 entries.

On December 28, 2009, the U.S. Department of Commerce published the Final Results of its antidumping duty administrative review of folding metal tables and chairs from China affecting entries made from June 1, 2007, through May 31, 2008.  The Department of Commerce determined that New-Tec Integration (Xiamen) Co., Ltd., was dumping PRODUCT in the United States -- but only at de minimis rates.  The Department of Commerce calculated a rate of 0.12% for New-Tec Integration (Xiamen) Co., which is de minimis.  In the previous review, the rate for New-Tec was 0.06% (de minimis).


History: 
Petition
ITC Determinations
Investigation: Final Report
Sunset Review 2007: Final Report
DOC Determinations
Investigation: Initiation | Prelim | Final (amended) | I&D | Order
Administrative Review 01-03: Initiation | Partial Rescission | Prelim | Final (amended) | I&D
Administrative Review 03-04: Initiation | Prelim | Final  | I&D
Administrative Review 04-05: Initiation | Prelim | Final  | I&D
Administrative Review 05-06: Initiation | Partial Rescission | Prelim | Final  | I&D
Anticircumvention Review: Initiation | Prelim | Final  | I&D
Administrative Review 06-07: Initiation | Prelim | Finall  | I&D
Administrative Review 07-08: Initiation | Partial Rescission | Prelim | Final 
Administrative Review 08-09: Initiation



Current Rates:

Producer/Exporter Rate
Dongguan Shichang Metals Factory Co., Ltd. 0.00%
Feili (Fujian) Co., Ltd. 0.02% (de minimis)
New-Tec Integration (Xiamen) Co., Ltd. 0.12% (de minimis)
Shin Crest Pte. Ltd 0.00%
Wok & Pan Industry, Inc. 70.71%
PRC-wide Rate (includes Anji Jiu, Xiamen Zehui, and Yixiang)  70.71%
 

                                                                                                          

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