Notice2023-13014
Paper File Folders From the Socialist Republic of Vietnam: Amended Preliminary Determination of Less-Than-Fair-Value 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
June 20, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the preliminary affirmative antidumping duty determination on paper file folders from the Socialist Republic of Vietnam (Vietnam) to correct a significant ministerial error.
Full Text
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<title>Federal Register, Volume 88 Issue 117 (Tuesday, June 20, 2023)</title>
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[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39825-39827]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13014]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-834]
Paper File Folders From the Socialist Republic of Vietnam:
Amended Preliminary Determination of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
preliminary affirmative antidumping
[[Page 39826]]
duty determination on paper file folders from the Socialist Republic of
Vietnam (Vietnam) to correct a significant ministerial error.
DATES: Applicable June 20, 2023.
FOR FURTHER INFORMATION CONTACT: Jana[eacute] Martin or William Horn,
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) 482-0238
or (202) 482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2023, Commerce published its preliminary affirmative
determination in the less-than-fair-value investigation of paper file
folders from Vietnam.\1\ On May 16, 2023, we received a timely
ministerial error allegation from Three-Color Stone Stationary (Viet
Nam) Company Limited (TCS) that Commerce made significant ministerial
errors in the Preliminary Determination with respect to TCS's weighted-
average dumping margin.\2\ On May 18, 2023, the petitioner \3\
submitted timely rebuttal comments to TCS's ministerial error
allegation.\4\
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\1\ See Paper File Folders from the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 88 FR 31488 (May 17, 2023) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
\2\ See TCS's Letter, ``Three-Color Stone Stationery (Viet Nam)
Company Limited: Request for Correction of Ministerial Error in the
Preliminary Results, including Customs Instructions,'' dated May 16,
2023 (TCS Ministerial Error Comments).
\3\ The petitioner in this investigation is the Coalition of
Domestic File Folders Manufacturers.
\4\ See Petitioner's Letter, ``Petitioner's Rebuttal to
Ministerial Error Comments,'' dated May 18, 2023 (Petitioner
Ministerial Error Rebuttal Comments).
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Period of Investigation
The period of investigation (POI) is April 1, 2022, through
September 30, 2022.
Scope of the Investigation
The products covered by this investigation are paper file folders
from Vietnam. For a complete description of the scope of this
investigation, see Appendix.
Analysis of Significant Ministerial Error Allegation
Commerce will analyze any comments received and, if appropriate,
correct any significant ministerial error by amending the preliminary
determination according to 19 CFR 351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \5\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the weighted-average dumping margin
calculated in the original (erroneous) preliminary determination; or
(2) a difference between a weighted-average dumping margin of zero (or
de minimis) and a weighted-average dumping margin greater than de
minimis, or vice versa.\6\
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\5\ See section 735(e) of the Tariff Act of 1930, as amended
(the Act).
\6\ See 19 CFR 351.224(g).
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Amended Preliminary Determination
Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the
Preliminary Determination to reflect the correction of a ministerial
error made in the calculation of the weighted-average dumping margin
for TCS.\7\ Specifically, when calculating surrogate value expenses for
TCS, we inadvertently failed to convert the unit of measure for
movement expenses. Commerce finds that this ministerial error is a
significant ministerial error within the meaning of 19 CFR 351.224(g),
because correction of this error decreases TCS's weighted-average
dumping margin of 324.70 to 93.64 percent, which is a change that is at
least five absolute percentage points in, but not less than 25 percent
of, the weighted-average dumping margin calculated for TCS in the
original Preliminary Determination. Furthermore, as TCS's amended
preliminary weighted-average dumping margin is now below the highest
petition margin of 233.93 percent,\8\ we compared this petition rate to
TCS's highest individual dumping margins and found the petition rate to
be within the range of the highest calculated individual dumping
margins. Accordingly, we assigned to the Vietnam-wide entity a dumping
margin of 233.93 percent. For a complete discussion of the alleged
ministerial errors, see the Preliminary Ministerial Error Memo.
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\7\ See Memorandum, ``Less Than Fair Value Investigation of
Paper File Folders from the Socialist Republic of Vietnam:
Allegation of Significant Ministerial Errors in the Preliminary
Determination,'' dated concurrently with this notice (Preliminary
Ministerial Error Memo).
\8\ See Paper File Folders from the People's Republic of China,
India, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 87 FR 67441, 67445 (November 8,
2022) (Initiation Notice).
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Amended Preliminary Determination
As a result of correcting this ministerial error, Commerce
determines the following weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-average
Exporter Producer dumping margin
(percent)
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Three-Color Stone Stationary Three-Color Stone 93.64
(Viet Nam) Company Limited. Stationary (Viet
Nam) Company Limited.
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Vietnam-Wide Entity 233.93
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Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination, in accordance with section 733(d) of the
Act. Because the amended rates for TCS and the Vietnam-wide entity
result in decreased cash deposits, they will be effective retroactively
to May 17, 2023, the date of publication of the Preliminary
Determination. We will also instruct U.S. Customs and Border Protection
(CBP) to issue instructions for requesting a refund of the difference
between the amount of cash deposits paid as a result of the application
of the original preliminary determination rates and the amount due as a
result of the amended preliminary determination rates.
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224(b).
International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
International Trade Commission of our amended preliminary
determination.
Notification to Interested Parties
This amended preliminary determination is issued and published
pursuant to sections 733(d) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: June 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigation
The products within the scope of the 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> binders consisting of a front cover, back cover, and
spine, with or without a flap; to be excluded, a mechanism with two
or more metal rings must be included on or adjacent to the interior
spine;
<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> folders that have an outer surface (other than the
gusset, handles, and/or closing mechanisms, if any) 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), 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. 2023-13014 Filed 6-16-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 20, 2023.
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