Notice2022-28274
Paper File Folders From India: Postponement of Preliminary Determination
Primary source
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Published
December 28, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 87 Issue 248 (Wednesday, December 28, 2022)</title>
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[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79858-79859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28274]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-911]
Paper File Folders From India: Postponement of Preliminary
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable December 28, 2022.
[[Page 79859]]
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:
Background
On October 12, 2022, the U.S. Department of Commerce (Commerce)
initiated a countervailing duty (CVD) investigation of imports of paper
file folders from India.\1\ Currently, the preliminary determination is
due no later than January 5, 2023.
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\1\ See Paper File Folders from India: Initiation of
Countervailing Duty Investigation, 87 FR 67447 (November 8, 2022).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a CVD
investigation within 65 days after the date on which Commerce initiated
the investigation. However, section 703(c)(1) of the Act permits
Commerce to postpone the preliminary determination until no later than
130 days after the date on which Commerce initiated the investigation
if: (A) the petitioner makes a timely request for a postponement; or
(B) Commerce concludes that the parties concerned are cooperating, that
the investigation is extraordinarily complicated, and that additional
time is necessary to make a preliminary determination. Under 19 CFR
351.205(e), the petitioner must submit a request for postponement 25
days or more before the scheduled date of the preliminary determination
and must state the reasons for the request. Commerce will grant the
request unless it finds compelling reasons to deny it.
On December 9, 2022, the Coalition of Domestic Folder Manufacturers
(the petitioner) timely filed a request for Commerce to postpone the
preliminary CVD determination so that Commerce may review all
questionnaire responses and new factual information to permit a
thorough investigation and the calculation of accurate subsidy
rates.\2\
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\2\ See Petitioner's Letter, ``Paper File Folders from India--
Petitioner's Request For Extension of Preliminary Determination
Deadline,'' dated December 9, 2022. The petitioner is the Coalition
of Domestic Folder Manufacturers, the members of which are Smead
Manufacturing Company, Inc. and TOPS Products LLC.
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In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds no compelling reason to deny the request. Therefore,
in accordance with section 703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the preliminary determination to no later
than the next business day after 130 days after the date on which this
investigation was initiated, i.e., March 13, 2023.\3\ Pursuant to
section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for
the final determination of this investigation will continue to be 75
days after the date of the preliminary determination.
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\3\ The extended date for the preliminary determination falls on
March 11, 2023, which is a Saturday. Commerce's practice dictates
that, when a deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
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Notification to Interested Parties
This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: December 21, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-28274 Filed 12-27-22; 8:45 am]
BILLING CODE 3510-DS-P
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