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Background On July 7, 2009, the Department appear its basic results. On July 27, 2009, Meco Corporation (“Meco”), the appellant in the basal investigation, and New-Tec Integration (Xiamen) Co., Ltd. (“New-Tec”), a respondent, provided added comments on the adapted agent ethics to use as a agency of account the factors of production, including banking statements from Maximaa Systems Limited (2007-2008) (“Maximaa”). Meco submitted on August 6, 2009, about accessible advice to “rebut, clarify, or correct” the advice submitted by New-Tec. On August 6 and 7, 2009, the Department accustomed case briefs from Meco, New-Tec and Cosco Home and Office Articles (“Cosco”), a U.S. importer of accountable merchandise, respectively. Meco included a appeal for a accessible audition in its case abrupt submission. On August 11, 2009, New-Tec, Cosco, and Meco submitted acknowledgment briefs. On September 9, 2009, the Department captivated a accessible hearing.

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We accept conducted this authoritative assay in accordance with area 751 of the Tariff Act of 1930, as adapted (“the Act”), and 19 CFR 351.213.

Scope of Adjustment The articles covered by this adjustment abide of accumulated and amiss folding tables and folding chairs fabricated primarily or alone from animate or added metal, as declared below: (1) Accumulated and amiss folding tables fabricated primarily or alone from animate or added metal (folding metal tables). Folding metal tables accommodate square, round, rectangular, and any added shapes with legs added with rivets, welds, or any added blazon of fastener, and which are fabricated best commonly, but not exclusively, with a hardboard top covered with vinyl or fabric. Folding metal tables accept legs that mechanically bend apart of one another, and not as a set. The accountable commodity is commonly, but not exclusively, arranged singly, in assorted packs of the aforementioned item, or in bristles allotment sets consisting of four chairs and one table. Specifically afar from the ambit of the adjustment apropos folding metal tables are the following: Lawn furniture; Trays frequently referred to as “TV trays;” Side tables; Child-sized tables; Portable adverse sets consisting of ellipsoidal tables 36″ aerial and analogous stools; and, Feast tables. A feast table is a ellipsoidal table with a artificial or laminated copse table top about 28″ to 36″ advanced by 48″ to 96″ continued and with a set of folding legs at anniversary end of the table. One set of legs is composed of two alone legs that are added calm by one or added cross-braces application welds or band hardware. In contrast, folding metal tables accept legs that mechanically bend apart of one another, and not as a set.

(2) Accumulated and amiss folding chairs fabricated primarily or alone from animate or added metal (folding metal chairs). Folding metal chairs accommodate chairs with one or added cross-braces, behindhand of appearance or size, added to the advanced and/or rear legs with rivets, welds or any added blazon of fastener. Folding metal chairs include: those that are fabricated alone of animate or added metal; those that accept a aback pad, a bench pad, or both a aback pad and a bench pad; and those that accept seats or backs fabricated of artificial or added materials. The accountable commodity is commonly, but not exclusively, arranged singly, in assorted packs of the aforementioned item, or in bristles allotment sets consisting of four chairs and one table. Specifically afar from the ambit of the adjustment apropos folding metal chairs are the following: Folding metal chairs with a board aback or seat, or both; Lawn furniture; Stools; Chairs with arms; and Child-sized chairs.

The accountable commodity is currently classifiable beneath 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 accessibility and community purposes, the Department’s accounting description of the commodity is dispositive.

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Based on a appeal by RPA International Pty., Ltd. and RPS, LLC (collectively, “RPA”), the Department disqualified on January 13, 2003, that RPA’s poly-fold metal folding chairs are aural the ambit of the adjustment because they are identical in all actual respects to the commodity declared in the petition, the antecedent investigation, and the determinations of the Secretary.

On May 5, 2003, in acknowledgment to a appeal by Staples, the Office Superstore Inc. (“Staples”), the Department issued a ambit cardinal that the armchair basic of Staples’ “Complete Office-To-Go,” a folding armchair with a tubular animate anatomy and a bench and aback of plastic, with abstracts of: height: 32.5 inches; width: 18.5 inches; and depth: 21.5 inches, is covered by the ambit of the adjustment because it is identical in all actual respects to the ambit description in the order, but that the table component, with abstracts of: amplitude (table top): 43 inches; abyss (table top): 27.375 inches; and height: 34.875 inches, has legs that bend as a assemblage and meets the requirements for an absolution from the ambit of the order.

On September 7, 2004, the Department begin that table styles 4600 and 4606 produced by Lifetime Artificial Articles Ltd. are aural the ambit of the adjustment because these articles accept all of the apparatus that aggregate a folding metal table as declared in the scope.

On July 13, 2005, the Department issued a ambit cardinal free that “butterfly” chairs are not aural the ambit of the antidumping assignment adjustment because they do not accommodated the concrete description of commodity covered by the ambit of the adjustment as they do not accept cantankerous braces added to the advanced and/or rear legs, and the bench and aback is one allotment of bolt that is not added to the anatomy with screws, rivets, welds, or any added blazon of fastener.

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On July 13, 2005, the Department issued a ambit cardinal free that folding metal chairs alien by Korhani of America Inc. are aural the ambit of the antidumping assignment adjustment because the alien armchair has a board seat, which is bedlam with cream and covered with bolt or polyvinyl chloride, absorbed to the tubular animate bench anatomy with screws, and has cross-braces added to its legs.

On May 1, 2006, the Department issued a ambit cardinal free that “moon chairs” are not included aural the ambit of the antidumping assignment adjustment because moon chairs accept altered concrete characteristics, altered uses, and are advertised abnormally than chairs covered by the ambit of the order.

On October 4, 2007, the Department issued a ambit cardinal free that International E-Z Up Inc.’s (“E-Z Up”) Instant Work Bench is not included aural the ambit of the antidumping assignment adjustment because its legs and weight do not bout the description of the folding metal tables in the ambit of the order.

On April 18, 2008, the Department issued a ambit cardinal free that the VIKA Twofold 2-in-1 Workbench/Scaffold (“Twofold Workbench/Scaffold”) alien by Ignite USA, LLC from the PRC is not included aural the ambit of the antidumping assignment adjustment because its alternating leg apparatus differs from the folding metal tables accountable to the order, and its weight is alert as abundant as the accepted best weight for folding metal tables aural the ambit of the order.

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On May 6, 2009, the Department issued a final assurance of circumvention, free that imports from the PRC of folding metal tables with legs affiliated by cross-bars, so that the legs bend in sets, and contrarily affair the description of in-scope merchandise, are circumventing the adjustment and are appropriately advised to be aural the chic or affectionate of commodity accountable to the adjustment on FMTCs from the PRC.

On May 22, 2009, the Department issued a ambit cardinal free that folding metal chairs that accept legs that are not affiliated with cross-bars are aural the ambit of the antidumping assignment adjustment on folding metal tables and chairs from the PRC.

On October 27, 2009, the Department issued a ambit cardinal that Lifetime Products, Inc.’s (“Lifetime”) fold-in-half adjustable acme tables are not included aural the ambit of the antidumping assignment adjustment because Lifetime’s tables about allotment the concrete characteristics of feast tables, which are especially afar from the ambit of the adjustment and, therefore, are alfresco the ambit of the order.

Analysis of Comments Accustomed –This is a arbitrary of a Federal Register commodity originally appear on the folio cardinal listed below– Citation: “74 FR 68568” Document Number: “A-570-868” Federal Register Folio Number: “68568” “Notices”

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