AD: China Folding Metal Tables and Chairs
The International Trade Administration has issued an affirmative final determination that imports of folding metal tables with legs connected by cross-bars, so that the legs fold in sets, are circumventing the antidumping duty order on folding metal tables and chairs (FMTCs) from China.
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(The ITA previously issued a preliminary affirmative circumvention determination on the subject folding metal tables in November 2008.)
Subject Folding Tables are Not Expressly Excluded from the Order
As a result of this affirmative final determination of circumvention, the ITA has determined that folding metal tables with legs affixed with crossbars enabling the legs to fold in sets are covered by the scope of the AD duty order on folding metal tables and chairs from China.
The ITA states that the AD duty order on FMTCs from China expressly excludes banquet tables, and no party has argued that the subject folding metal tables with crossbars are banquet tables.
Therefore, the ITA determines that the folding metal tables with crossbars at issue in this case are not expressly excluded from the order.
Continued Suspension of Liquidation/AD Cash Deposit for Subject FMTCs
For folding metal tables meeting the description of the folding metal tables described in the scope of the FMTCs order except that they have crossbars connecting the legs, so that the legs fold in sets, the ITA is directing U.S. Customs and Border Protection to continue to suspend liquidation for each unliquidated entry of the product with a time of entry on or after June 1, 20071.
The ITA will also instruct CBP to require an AD duty cash deposit of estimated duties at the applicable rates for each unliquidated with a time of entry on or after June 1, 2007.
(See ITT's Online Archives or news, 09012745, for BP summary of the final results of the most recent administrative review for FMTCs and AD duty cash deposit rates for FMTCs from China.)
1With a final affirmative determination of circumvention, the ITA normally instructs CBP to continue the suspension of liquidation that was directed in the affirmative preliminary determination of circumvention. However, because doing so in the instant inquiry would include merchandise that entered during a completed review period, the ITA will instruct CBP to continue to suspend liquidation for entries made on or after July 1, 2007, the first day of the only pending administrative review period of this order.
(See ITA final determination notice for more information, including the scope of the AD duty order, etc.
See ITT's Online Archives or 11/03/08 news, 08110330, for BP summary of the ITA's preliminary affirmative circumvention.)
ITA contact - Lilit Astvatsatrian (202) 482-6412
ITA notice (FR Pub 05/06/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-10508.pdf