Notice2022-24316
Paper File Folders From the People's Republic of China, India, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
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 67441-67447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24316]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-147, A-552-834, A-533-910]
Paper File Folders From the People's Republic of China, India,
and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 1, 2022.
FOR FURTHER INFORMATION CONTACT: Jana[eacute] Martin (the People's
Republic of China (China)); Jinny Ahn (the Socialist Republic of
Vietnam (Vietnam)); Eric Hawkins or Sun Cho (India); AD/CVD Operations,
Offices V and VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0238, (202) 482-0339,
(202) 482-1988, or (202) 482-6458, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 67442]]
The Petitions
On October 12, 2022, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of paper
file folders from China, Vietnam, and 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\ These AD petitions were accompanied by a
countervailing duty (CVD) petition concerning imports of paper file
folders from India.\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
(Petitions).
\3\ Id.
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On October 17, 25, and 26, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\4\ The petitioner filed timely responses
to the supplemental questionnaires on October 21, 26, and 27, 2022.\5\
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\4\ See Commerce's Letters, ``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 Country-Specific Supplemental Questionnaires: China
Supplemental, Vietnam Supplemental, and India AD Supplemental, dated
October 17, 2022; Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated October 25, 2022 (General Issues Memorandum);
and Country-Specific Memoranda, Identifying Country-Specific Issues,
dated October 25 and 26, 2022.
\5\ See Petitioner's Country-Specific Supplemental Responses,
dated October 21, 2022; see also Petitioner's Letter, ``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); Petitioner's Country-Specific First Supplemental
Responses, dated October 21, 2022; Petitioner's Country-Specific
Second Supplemental Responses, dated October 26, 2022; Petitioner's
Letter, ``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); and Petitioner's Letter,
``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).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of paper file
folders from China, Vietnam, and India are being, or are likely to be,
sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the paper
file folder industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions are accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in sections 771(9)(F) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigations.\6\
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\6\ See infra, section on ``Determination of Industry Support
for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on October 12, 2022, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the India
AD investigation is October 1, 2021, through September 30, 2022.
Because China and Vietnam are non-market economy (NME) countries,
pursuant to section 351.204(b)(1), the POI for the China and Vietnam AD
investigations is April 1, 2022, through September 30, 2022.
Scope of the Investigations
The product covered by these investigations is paper file folders
from China, Vietnam, and India. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On October 17 and 25, 2022, Commerce requested information from the
petitioner regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\7\ On October 21 and 27,
2022, the petitioner revised the scope.\8\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
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\7\ See First General Issues Supplement at 3-4; see also General
Issues Memorandum at 1-2.
\8\ 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).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such 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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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ 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 help 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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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of paper file folders to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) or costs of production (COP) accurately, as
[[Page 67443]]
well as to develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe paper file folders, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on November 21,
2022, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on
December 1, 2022. All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
each of the AD investigations.
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\12\ See 19 CFR 351.303(b)(1).
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is 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.\14\
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\13\ See section 771(10) of the Act.
\14\ 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 investigations.\15\ 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.\16\
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\15\ See Petitions at Volume I (pages 11, 13-18, and Exhibits I-
18 through I-26); see also First General Issues Supplement at 13-17.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see AD Investigation Initiation Checklists, ``Paper File Folders
from the People's Republic of China,'' ``Paper File Folders from
India,'' and ``Paper File Folders from the Socialist Republic of
Vietnam,'' dated concurrently with this notice (Country-Specific AD
Initiation Checklists), 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
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' 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 Petitions, and compared this to the estimated total
sales values of the domestic like product for the entire domestic
industry.\17\ 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,\18\ we have relied on the data
provided by the petitioner for purposes of measuring industry
support.\19\
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\17\ See Petitions 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.
\18\ See Petitions 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.
\19\ See Petitions 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 Petitions, 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 Petitions.\20\ First, the
Petitions 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).\21\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support
[[Page 67444]]
under section 732(c)(4)(A)(i) of the Act because the domestic producers
(or workers) who support the Petitions account for at least 25 percent
of the total production of the domestic like product.\22\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions 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 Petitions.\23\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\24\
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\20\ See Petitions 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
Country-Specific AD Initiation Checklists at Attachment II.
\21\ See Country-Specific AD Initiation Checklists at Attachment
II; see also section 732(c)(4)(D) of the Act.
\22\ See Country-Specific AD Initiation Checklists at Attachment
II.
\23\ Id.
\24\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\25\
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\25\ See Petitions 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.\26\ 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.\27\
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\26\ See Petitions 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.
\27\ See Country-Specific AD Initiation Checklists 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 (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of paper file folders from China, Vietnam, and India. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For China, India, and Vietnam, the petitioner based export price
(EP) on pricing information for sales of, or offers for sale of, paper
file folders produced in and exported from each country. The petitioner
made certain adjustments to U.S. price to calculate a net ex-factory
U.S. price, where applicable.\28\
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\28\ See Country-Specific AD Initiation Checklists.
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Normal Value <SUP>29</SUP>
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\29\ In accordance with section 773(b)(2) of the Act, for the
India investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For India, the petitioner stated it was unable to obtain home-
market or third-country prices for paper file folders to use as a basis
for NV.\30\ Therefore, for India, the petitioner calculated NV based on
CV.\31\ For further discussion of CV, see the section ``Normal Value
Based on Constructed Value.''
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\30\ See India AD Initiation Checklist.
\31\ Id.
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Commerce considers China and Vietnam to be NME countries.\32\ In
accordance with section 771(18)(C)(i) of the Act, any determination
that a foreign country is an NME country shall remain in effect until
revoked by Commerce. Therefore, we continue to treat China and Vietnam
as NME countries for purposes of the initiation of these
investigations. Accordingly, NV in China and Vietnam is appropriately
based on FOPs valued in surrogate market economy countries, in
accordance with section 773(c) of the Act.
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\32\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying Decision Memorandum (China's Status as a Non-Market
Economy), unchanged in Certain Aluminum Foil from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 83 FR 9282 (March 5, 2018); see also Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Final Results, and
Final Results of No Shipments of the Antidumping Duty Administrative
Review; 2016-2017, 84 FR 18007 (April 29, 2019).
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The petitioner claims that Malaysia is an appropriate surrogate
country for China because Malaysia is a market economy country that is
at a level of economic development comparable to that of China and is a
significant producer of identical merchandise.\33\ The petitioner
provided publicly available information from Malaysia to value all
FOPs.\34\ Based on the information provided by the petitioner, we
determine that it is appropriate to use Malaysia as a surrogate country
for initiation purposes.
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\33\ See China AD Checklist.
\34\ Id.
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The petitioner claims that Indonesia is an appropriate surrogate
country for Vietnam because Indonesia is a market economy country that
is at a level of economic development comparable to that of Vietnam and
is a significant producer of identical merchandise.\35\ The petitioner
provided publicly available information from Indonesia to value all
FOPs.\36\ Based on the information provided by the petitioner, we
determine that it is appropriate to use Indonesia as a surrogate
country for initiation purposes.
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\35\ See Vietnam AD Checklist.
\36\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determinations.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese and Vietnamese producers/exporters was not reasonably
available, the petitioner used product-specific consumption rates from
a U.S. producer of paper file folders as a surrogate to value Chinese
and Vietnamese manufacturers' FOPs.\37\ Additionally, the petitioner
calculated factory overhead; selling, general and administrative (SG&A)
expenses; and profit based on the experience of a Malaysian and
Indonesian producer of identical merchandise for China and Vietnam,
respectively.\38\
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\37\ See Volume II of the Petitions at 8-9; see also Volume IV
of the Petitions at 9-10; China Supplemental Response at 3; and
Vietnam Supplemental Response at 2.
\38\ See Volume II of the Petitions at 9 and at Exhibits II-3
and II-17; see also Volume IV of the Petitions at 11 and Exhibits
IV-3 and IV-16.
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Normal Value Based on Constructed Value
As noted above for India, the petitioner stated it was unable to
obtain home-market or third-country prices for
[[Page 67445]]
paper file folders to use as a basis for NV. Therefore, for India, the
petitioner calculated NV based on CV.\39\
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\39\ See India AD Initiation Checklist.
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Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\40\ For India, in calculating the cost of
manufacturing, the petitioner relied on the production experience and
input consumption rates of a U.S. producer of paper file folders,
valued using publicly available information applicable to India.\41\ In
calculating SG&A expenses, financial expenses, and profit ratios (where
applicable), the petitioner relied on the fiscal year 2021-2022
financial statements of a producer of identical merchandise in
India.\42\
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\40\ Id.
\41\ Id.
\42\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of paper file folders from China, India, and
Vietnam, are being, or are likely to be, sold in the United States at
LTFV. Based on comparisons of EP to NV in accordance with sections 772
and 773 of the Act, the estimated dumping margins for paper file
folders for each of the countries covered by this initiation are as
follows: (1) China--62.61 to 192.70 percent; (2) India--86.01 to 225.24
percent; and (3) Vietnam--180.61 to 233.93 percent.\43\
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\43\ See Country-Specific AD Initiation Checklists for details
of calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of paper file folders from China, Vietnam, and India
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
China and Vietnam
In the Petitions, the petitioner named 39 companies in China and
nine companies in Vietnam as producers and/or exporters of paper file
folders.\44\ In accordance with our standard practice for respondent
selection in AD investigations involving NME countries, Commerce
selects respondents based on quantity and value (Q&V) questionnaires in
cases where it has determined that the number of companies is large and
it cannot individually examine each company based upon its resources.
Therefore, considering the number of producers and/or exporters
identified in the Petition, Commerce will solicit Q&V information that
can serve as a basis for selecting exporters for individual examination
in the event that Commerce decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are 39 Chinese and nine Vietnamese producers and/or
exporters identified in the Petitions, Commerce has determined that it
will issue Q&V questionnaires to each potential respondent for which
the petitioner has provided a complete address.
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\44\ See Petitions at Volume I (page 12 and Exhibit I-16); see
also First General Issues Supplement at 1-3.
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In addition, Commerce will post the Q&V questionnaires along with
filing instructions on Commerce's website at <a href="https://enforcement.trade.gov/questionnaires/questionnaires-ad.html">https://enforcement.trade.gov/questionnaires/questionnaires-ad.html</a>. Producers/
exporters of paper file folders from China and Vietnam that do not
receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. In accordance with the standard practice for
respondent selection in AD cases involving NME countries, in the event
Commerce decides to limit the number of respondents individually
investigated, Commerce intends to base respondent selection on the
responses to the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese and Vietnamese producers/exporters no later than 5:00
p.m. ET on November 15, 2022, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>. Commerce
intends to make its decisions regarding respondent selection within 20
days of publication of this notice.
India
The petitioner named 20 companies in India as producers/exporters
of paper file folders.\45\ Following standard practice in AD
investigations involving market economy countries, in the event
Commerce determines that the number of companies is large and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select respondents in India
based on U.S. Customs and Border Protection (CBP) data for U.S. imports
under the appropriate Harmonized Tariff Schedule of the United States
(HTSUS) subheading listed in the scope of the investigations in the
appendix to this notice.
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\45\ See Petitions at Volume I (page 12 and Exhibit I-16).
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On October 31, 2022, Commerce released CBP data on U.S. imports of
paper file folders from India under 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 after the publication date of the notice
of initiation of these investigations.\46\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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 Commerce's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>.
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\46\ See Memoranda, ``Petition for the Imposition of Antidumping
Duties on Imports of Paper File Folders from India: Release of
Customs Data from U.S. Customs and Border Protection,'' dated
October 31, 2022; and ``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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Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by Commerce's electronic records system, ACCESS, no later
than 5:00 p.m. ET on the dates noted above. We intend to make our
decision regarding respondent selection within 20 days of publication
of this notice.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application.\47\
The specific requirements
[[Page 67446]]
for submitting a separate rate application in an NME investigation are
outlined in detail in the application itself, which is available on
Commerce's website at <a href="https://enforcement.trade.gov/nme/nme-sep-rate.html">https://enforcement.trade.gov/nme/nme-sep-rate.html</a>. The separate rate application will be due 30 days after
publication of this initiation notice.\48\ Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from China and
Vietnam submit a response both to the Q&V questionnaire and to the
separate rate application by the respective deadlines in order to
receive consideration for separate rate status. Companies not filing a
timely Q&V questionnaire response will not receive separate rate
consideration.
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\47\ See Enforcement and Compliance's Policy Bulletin 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) (Policy Bulletin 05.1), available at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
\48\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\49\
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\49\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of China, Vietnam, and India via ACCESS. To
the extent practicable, we will attempt to provide a copy of the public
version of the AD Petitions to each exporter named in the AD Petitions,
as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of paper file folders from China, India, and/or
Vietnam, are materially injuring, or threatening material injury to, a
U.S. industry.\50\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\51\ Otherwise, these AD investigations will proceed according
to statutory and regulatory time limits.
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\50\ See section 733(a) of the Act.
\51\ 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 \52\ 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.\53\ 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 these investigations.
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\52\ See 19 CFR 351.301(b).
\53\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
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.\54\ 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, we 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, we 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; under limited circumstances we will
grant untimely filed requests for the extension of time limits. Parties
should review Commerce's regulations concerning the extension of time
limits and the Time
[[Page 67447]]
Limits Final Rule prior to submitting factual information in these
investigations.\55\
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\54\ See 19 CFR 351.302.
\55\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), 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.\56\
Parties must use the certification formats provided in 19 CFR
351.303(g).\57\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\56\ See section 782(b) of the Act.
\57\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are 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 letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\58\
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\58\ 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 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: November 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products within the scope of these investigations 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 investigations is dispositive.
[FR Doc. 2022-24316 Filed 11-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 8, 2022.
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