Notice2022-24315
Paper File Folders From India: Initiation of Countervailing Duty Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 87 Issue 215 (Tuesday, November 8, 2022)</title>
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[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67447-67451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24315]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-911]
Paper File Folders From India: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 1, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION:
The Petition
On October 12, 2022, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
paper file folders from India filed in proper form on behalf of the
Coalition of Domestic Folder Manufacturers (the petitioner),\1\ the
members of which are domestic producers of paper file folders.\2\ The
Petition was accompanied by antidumping duty (AD) petitions concerning
imports of paper file folders from the People's Republic of China,
India, and the Socialist Republic of Vietnam.\3\
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\1\ The members of the Coalition of Domestic Folder
Manufacturers are: Smead Manufacturing Company, Inc. and TOPS
Products LLC.
\2\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Paper File
Folders from China, India, and Vietnam,'' dated October 12, 2022
(Petition).
\3\ Id.
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On October 17 and 25, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\4\ On
October 21, 26, and
[[Page 67448]]
27, 2022, the petitioner filed timely responses to these requests for
additional information.\5\
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\4\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Paper File Folders from India:
Supplemental Questions,'' dated October 17, 2022; and ``Petitions
for the Imposition of Antidumping and Countervailing Duties on
Imports of Paper File Folders from the People's Republic of China,
India, and the Socialist Republic of Vietnam: Supplemental
Questions,'' dated October 17, 2022 (General Issues Supplemental
Questionnaire); see also Memorandum, ``Phone Call with Counsel to
the Petitioner,'' dated October 25, 2022 (General Issues
Memorandum).
\5\ See Petitioner's Letters, ``Antidumping and Countervailing
Duties on Imports of Paper File Folders from China, India, and
Vietnam: Response of Petitioner to Volume I Supplemental
Questionnaire,'' dated October 21, 2022 (First General Issues
Supplement); ``Antidumping and Countervailing Duties on Imports of
Paper File Folders from China, India, and Vietnam: Response of
Petitioner to Volume I Supplemental Question #20,'' dated October
26, 2022 (October 26 Injury Supplement); ``Antidumping and
Countervailing Duties on Imports of Paper File Folders from China,
India, and Vietnam: Response of Petitioner to Second Volume I
Supplemental Questions,'' dated October 27, 2022 (Second General
Issues Supplement); and Antidumping and Countervailing Duties on
Imports of Paper File Folders from China, India, and Vietnam:
Response of Petitioner to Volume V Supplemental Questionnaire,''
dated October 21, 2022.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of India
(GOI) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of paper file folders
in India and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(F) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigation.\6\
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\6\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because the Petition was filed on October 12, 2022, the period of
investigation (POI) is January 1, 2021, through December 31, 2021.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The product covered by this investigation is paper file folders
from India. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on Scope of the Investigation
On October 17 and 25, 2022, Commerce requested information from the
petitioner regarding the proposed scope to ensure that the scope
language in the Petition is an accurate reflection of the products for
which the domestic industry is seeking relief.\8\ On October 21 and 27,
2022, the petitioner revised the scope.\9\ The description of
merchandise covered by this investigation, as described in the appendix
to this notice, reflects these clarifications.
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\8\ See General Issues Supplemental Questionnaire at 3-4; see
also General Issues Memorandum at 1-2.
\9\ See First General Issues Supplement at Exhibit I-S2; see
also Second General Issues Supplement at Exhibit I-2S1.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on November 21, 2022, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on December 1, 2022, which
is ten calendar days from the initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS), unless an
exception applies.\12\ An electronically filed document must be
received successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOI of the receipt of the Petition and provided it an
opportunity for consultations with respect to the Petition.\13\
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\13\ See Commerce's Letter, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated October 13, 2022.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is
[[Page 67449]]
subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of the information
submitted on the record, we have determined that paper file folders, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\17\
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\16\ See Petition at Volume I (pages 11, 13-18, and Exhibits I-
18 through I-26); see also First General Issues Supplement at 13-17.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
CVD Investigation Initiation Checklist, ``Paper File Folders from
India,'' dated concurrently with this notice (India CVD Initiation
Checklist), at Attachment II (Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Paper File
Folders from the People's Republic of China, India, and the
Socialist Republic of Vietnam).
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2021 net sales values of the domestic like product for U.S. producers
that support the Petition, and compared this to the estimated total
sales values of the domestic like product for the entire domestic
industry.\18\ Because total industry production data for the domestic
like product for 2021 are not reasonably available to the petitioner,
and the petitioner has established that sales values and shipments are
a reasonable proxy for production data,\19\ we have relied on data
provided by the petitioner for purposes of measuring industry
support.\20\
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\18\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2,
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues
Supplement at 4-5 and Exhibit I-2S2.
\19\ See Petition at Volume I (page 5 and Exhibits I-1, I-2, I-
33, and I-35); see also First General Issues Supplement at 1, 8 and
Exhibits I-S1 and I-S4; and Second General Issues Supplement at 4-5
and Exhibit I-2S2.
\20\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2,
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues
Supplement at 4-5 and Exhibit I-2S2.
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Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petition.\21\ First, the
Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\22\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\23\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\24\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\25\
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\21\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2,
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues
Supplement at 4-5 and Exhibit I-2S2. For further discussion, see the
India CVD Initiation Checklist at Attachment II.
\22\ See India CVD Initiation Checklist at Attachment II; see
also section 702(c)(4)(D) of the Act.
\23\ See India CVD Initiation Checklist at Attachment II.
\24\ Id.
\25\ Id.
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Injury Test
Because India is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from India materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\26\
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\26\ See Petition at Volume I (page 22 and Exhibit I-31).
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The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; declining
market share; underselling and price depression and/or suppression;
lost sales and revenues; and adverse impact on the domestic industry's
performance and development and production efforts.\27\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\28\
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\27\ See Petition at Volume I (pages 19-38 and Exhibits I-14 and
I-27 through I-34); see also First General Issues Supplement at 17-
21 and Exhibit I-S6; and the October 26 Injury Supplement at 1-2.
\28\ See India CVD Initiation Checklist at Attachment III
(Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Paper File Folders from the People's Republic of China,
India, and the Socialist Republic of Vietnam).
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Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of paper file folders from India benefit from
countervailable subsidies conferred by the GOI. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
days after the date of this initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 12 of the 14
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see the India CVD Initiation
[[Page 67450]]
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
The petitioner named eleven companies in India as producers and/or
exporters of paper file folders.\29\ Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in this investigation.
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\29\ See Petition at Volume I (Exhibit I-17).
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In the event Commerce determines that the number of Indian
producers or exporters is large such that Commerce cannot individually
examine each company based upon its resources, where appropriate,
Commerce intends to select mandatory respondents based on U.S. Customs
and Border Protection (CBP) data for U.S. imports of paper file folders
from India during the POI under the appropriate Harmonized Tariff
Schedule of the United States subheading listed in the ``Scope of the
Investigation,'' in the appendix.
On October 31, 2022, Commerce released CBP data for U.S. imports of
paper file folders from India under administrative protective order
(APO) to all parties with access to information protected by APO, and
indicated that interested parties wishing to comment on the CBP data
and/or respondent selection must do so within three business days of
the publication date of the notice of initiation of this
investigation.\30\ Commerce will not accept rebuttal comments regarding
the CBP data or respondent selection. We intend to select respondents
within 20 days of publication of this notice.
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\30\ See Memorandum, ``Countervailing Duty Petition on Imports
of Paper File Folders from India: Release of U.S. Customs and Border
Protection Data,'' dated October 31, 2022.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on E&C's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>. Commerce intends to finalize its decisions
regarding respondent selection within 20 days of publication of this
notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOI via ACCESS. Furthermore, to the extent practicable,
Commerce will attempt to provide a copy of the public version of the
Petition to each exporter named in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of paper file folders from India are materially
injuring, or threatening material injury to, a U.S. industry.\31\ A
negative ITC determination will result in the investigation being
terminated.\32\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
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\31\ See section 703(a)(1) of the Act.
\32\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \33\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\34\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\33\ See 19 CFR 351.301(b).
\34\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\35\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in this
investigation.\36\
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\35\ See 19 CFR 351.302.
\36\ See 19 CFR 301; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\37\
Parties must use the certification formats provided in 19 CFR
351.303(g).\38\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\39\
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\39\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
[[Page 67451]]
Dated: November 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The products within the scope of this investigation are file
folders consisting primarily of paper, paperboard, pressboard, or
other cellulose material, whether coated or uncoated, that has been
folded (or creased in preparation to be folded), glued, taped,
bound, or otherwise assembled to be suitable for holding documents.
The scope includes all such folders, regardless of color, whether or
not expanding, whether or not laminated, and with or without tabs,
fasteners, closures, hooks, rods, hangers, pockets, gussets, or
internal dividers. The term ``primarily'' as used in the first
sentence of this scope means 50 percent or more of the total product
weight, exclusive of the weight of fasteners, closures, hooks, rods,
hangers, removable tabs, and similar accessories, and exclusive of
the weight of packaging.
Subject folders have the following dimensions in their folded
and closed position: lengths and widths of at least 8 inches and no
greater than 17 inches, regardless of depth.
The scope covers all varieties of folders, including but not
limited to manila folders, hanging folders, fastener folders,
classification folders, expanding folders, pockets, jackets, and
wallets.
Excluded from the scope are:
<bullet> mailing envelopes with a flap bearing one or more
adhesive strips that can be used permanently to seal the entire
length of a side such that, when sealed, the folder is closed on all
four sides;
<bullet> binders, with two or more rings to hold documents in
place, made from paperboard or pressboard encased entirely in
plastic;
<bullet> non-expanding folders with a depth exceeding 2.5 inches
and that are closed or closeable on the top, bottom, and all four
sides (e.g., boxes or cartons);
<bullet> expanding folders that have (1) 13 or more pockets, (2)
a flap covering the top, (3) a latching mechanism made of plastic
and/or metal to close the flap, and (4) an affixed plastic or metal
carry handle;
<bullet> expanding folders that have an outer surface (other
than the gusset, handles, and/or closing mechanisms) that is covered
entirely with fabric, leather, and/or faux leather;
<bullet> fashion folders, which are defined as folders with all
of the following characteristics: (1) plastic lamination covering
the entire exterior of the folder, (2) printing, foil stamping,
embossing (i.e., raised relief patterns that are recessed on the
opposite side), and/or debossing (i.e., recessed relief patterns
that are raised on the opposite side), covering the entire exterior
surface area of the folder, (3) at least two visible and printed or
foil stamped colors other than the color of the base paper, and
other than the printing of numbers, letters, words, or logos, each
of which separately covers no less than 10 percent of the entire
exterior surface area, and (4) patterns, pictures, designs, or
artwork covering no less than thirty percent of the exterior surface
area of the folder;
<bullet> portfolios, which are folders having (1) a width of at
least 16 inches when open flat, (2) no tabs or dividers, and (3) one
or more pockets that are suitable for holding letter size documents
and that cover at least 15 percent of the surface area of the
relevant interior side or sides; and
<bullet> report covers, which are folders having (1) no tabs,
dividers, or pockets, and (2) one or more fasteners or clips, each
of which is permanently affixed to the center fold, to hold papers
securely in place.
Imports of the subject merchandise are provided for under
Harmonized Tariff Schedule of the United States (HTSUS) category
4820.30.0040. Subject imports may also enter under other HTSUS
classifications. While the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
scope of the investigation is dispositive.
[FR Doc. 2022-24315 Filed 11-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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