Notice2023-22194
Paper File Folders From India: Final Affirmative Determination of Sales at Less Than Fair Value
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
October 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that paper file folders from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2021, through September 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69138-69141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22194]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-910]
Paper File Folders From India: Final Affirmative Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
paper file folders from India are being, or are likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is October 1, 2021, through September 30, 2022.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2023, Commerce published in the Federal Register its
Preliminary Determination of the LTFV investigation of paper file
folders from India, in which it also postponed the final determination
until September 29,
[[Page 69139]]
2023.\1\ Commerce invited interested parties to comment on the
Preliminary Determination.\2\ We received comments on the Preliminary
Determination from Navneet Education Limited (Navneet) and the
Coalition of Domestic Folder Manufacturers (the petitioner) on July 25,
2023.\3\ On August 4, 2023, we received rebuttal briefs from the
petitioner and Navneet.\4\
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\1\ See Paper File Folders from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 88 FR
31490 (May 17, 2023) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ Id.
\3\ See Navneet's Letter, ``Navneet's Administrative Case
Brief,'' dated July 25, 2023; Petitioner's Letter, ``Petitioner's
Case Brief,'' dated July 25, 2023.
\4\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief,''
dated August 4, 2023; Navneet's Letter, ``Navneet's Administrative
Rebuttal Brief,'' dated August 4, 2023.
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\5\
The Issues and Decision Memorandum is a public document and is
available electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Paper File Folders from India,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are paper file folders
from India. For a full description of the scope of this investigation,
see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\6\ We did not receive comments from any interested parties on
the Preliminary Scope Memorandum. We, therefore, did not make any
changes to the scope of the investigation from the scope published in
the Preliminary Determination, as noted in Appendix I.
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\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated May 10, 2023 (Preliminary Scope Memorandum).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in May 2023, we conducted verification of the sales and cost
information submitted by Navneet for use in our final determination.
Commerce conducted an on-site verification, including an examination of
relevant sales and cost accounting records, and original source
documents provided by Navneet.\7\
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\7\ See Memoranda, ``Verification of the Questionnaire Response
of Navneet Education Limited in the Less-Than-Fair-Value
Investigation of Paper File Folders from India,'' dated June 14,
2023; and ``Verification of the Cost Response of Navneet Education
Limited in the Antidumping Duty Investigation of Paper File Folders
from India,'' dated July 10, 2023.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We have made one change to the margin calculations for Navneet
since the Preliminary Determination. See the Issues and Decision
Memorandum for a discussion of this change.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
certain mandatory respondents in this investigation, Kokuyo Riddhi
Paper Products Pvt. Ltd (Kokuyo) and LGPL Paper Industries Pvt. Limited
(LGPL), estimated weighted-average dumping margins on the basis of
adverse facts available (AFA), pursuant to sections 776(a) and (b) of
the Act.\8\ There is no new information on the record that would cause
us to revisit our decision in the Preliminary Determination.
Accordingly, for this final determination, we continue to find that the
application of AFA pursuant to sections 776(a) and (b) of the Act is
warranted with respect to Kokuyo and LGPL.
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\8\ See Preliminary Determination, 88 FR at 31491.
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Pursuant to section 776(b) of the Act, we examined the dumping
margins alleged in the petition, the weighted-average dumping margin
calculated in this final determination, and other information of the
record of this investigation to determine an appropriate estimated
weighted-average dumping margin for Kokuyo and LGPL based on AFA. Thus,
we are assigning Kokuyo and LGPL the highest petition margin we are
able to corroborate (i.e., 86.01 percent) based on AFA.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this case, Commerce calculated an individual estimated weighted-
average dumping margin for Navneet that is not zero, de minimis, or
determined entirely under section 776 of the Act. Consequently, the
rate calculated for Navneet is also assigned as the rate for all other
producers and exporters.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the POI:
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\9\ In the companion countervailing duty investigation, Commerce
calculated a 3.78 percent export subsidy rate for Navneet. See
unpublished Federal Register notice titled ``Paper File Folders from
India: Final Affirmative Countervailing Duty Determination,'' dated
concurrently with, and hereby adopted by, this notice.
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Cash deposit
Weighted- rate (adjusted
Producer/exporter average for subsidy
dumping margin offsets)
(percent) (percent) \9\
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Navneet Education Limited............... 17.22 13.44
Kokuyo Riddhi Paper Products Pvt. Ltd... 86.01 82.23
LGPL Paper Industries Pvt. Limited...... 86.01 82.23
[[Page 69140]]
All Others.............................. 17.22 13.44
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days after the date of any public announcement or, if there is no
public announcement, within five days after the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of paper file folders from India, as
described in Appendix I to this notice, which were entered, or
withdrawn from warehouse for consumption on or after May 17, 2023, the
date of publication of Preliminary Determination of this investigation
in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) the cash deposit rate
for the respondents listed above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a respondent identified above
but the producer is, then the cash deposit rate will be equal to the
company-specific estimated weighted-average dumping margin established
for that producer of the subject merchandise; and (3) the cash deposit
rate for all other producers and exporters will be equal to the all-
others estimated weighted-average dumping margin. These suspension of
liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of paper file folder from India no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as a final reminder to the parties subject
to an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--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> 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 10 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
[[Page 69141]]
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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes From the Preliminary Determination
IV. Use of Facts Available With an Adverse Inference
V. Discussion of the Issues
Comment 1: Source for Constructed Value (CV) Profit and Selling
Expenses
Comment 2: Calculation of CV Profit
VI. Recommendation
[FR Doc. 2023-22194 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 5, 2023.
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