Notice2023-08433
Paper Clips From the People's Republic of China: Continuation of Antidumping Duty Order
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
April 21, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) in their five year (sunset) review that revocation of the antidumping duty (AD) order on paper clips from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on paper clips from China.
Full Text
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<title>Federal Register, Volume 88 Issue 77 (Friday, April 21, 2023)</title>
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[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24552-24553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08433]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-826]
Paper Clips From the People's Republic of China: Continuation of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
in their five year (sunset) review that revocation of the antidumping
duty (AD) order on paper clips from the People's Republic of China
(China) would likely lead to a continuation or recurrence of dumping
and material injury to an industry in the United States, Commerce is
publishing a notice of continuation of the AD order on paper clips from
China.
DATES: Applicable April 21, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office VIII, 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 November 25, 1994, Commerce published in the Federal Register
the AD order on paper clips from China.\1\ On September 1, 2022, the
ITC instituted \2\ and Commerce initiated \3\ the fifth five-year
(sunset) review of the Order, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). Commerce conducted an expedited
(120-day) sunset review of the Order, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its
review, Commerce determined, pursuant to sections 751(c)(1) and 752(c)
of the Act, that revocation of the Order would likely lead to a
continuation or recurrence of dumping and, therefore, Commerce notified
the ITC of the magnitude of the margin of dumping likely to prevail
were the Order to be revoked.\4\
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\1\ See Antidumping Duty Order: Certain Paper Clips From the
People's Republic of China, 59 FR 60606 (November 25, 1994) (Order).
\2\ See Paper Clips From China; Institution of a Five-Year
Review, 87 FR 53783 (September 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727
(September 1, 2022).
\4\ See Paper Clips from the People's Republic of China: Final
Results of the Expedited Fifth Sunset Review of the Antidumping Duty
Order, 87 FR 79858 (December 28, 2022).
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On April 14, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to a continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Paper Clips from China, 88 FR 23097 (April 14, 2023).
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Scope of the Order
The products covered by the Order are certain paper clips, wholly
of wire of base metal, whether or not galvanized, whether or not plated
with nickel or other base metal (e.g., copper), with a wire diameter
between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters),
regardless of physical configuration, except as specifically excluded.
The products subject to this investigation may have a rectangular or
ring-like shape and include, but are not limited to, clips commercially
referred to as `No. 1 clips,' `No. 3 clips,' `Jumbo' or `Giant' clips,
`Gem clips,' `Frictioned clips,' `Perfect Gems,' `Marcel Gems,'
`Universal clips,' `Nifty clips,' `Peerless clips,' `Ring clips,' and
`Glide-On clips.'
Specifically excluded from the scope of this Order are plastic and
vinyl covered paper clips, butterfly clips, binder clips, or other
paper fasteners that are not wholly made of wire of base metal and are
covered under a separate subheading of the Harmonized Tariff Schedule
of the United States (HTSUS).
Also excluded are Pendaflex Pile Smart Label Clips that are not
wholly made of wire of base metal but are stainless steel wire attached
to molded plastic parts and writeable/rewriteable labels.
[[Page 24553]]
The products subject to the order are currently classifiable under
subheading 8305.90.3010 of the HTSUS. Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the Order is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping, and material injury to an industry in the United
States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce
hereby orders the continuation of the Order. U.S. Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise. The
effective date of the continuation of the Order will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year review of this Order not later than 30 days prior to
the fifth anniversary of the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
This five-year (sunset) review and notice are in accordance with
sections 751(c) and (d)(2), and 777(i)(1) the Act, and 19 CFR
351.218(f)(4).
Dated: April 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-08433 Filed 4-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 21, 2023.
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