Notice2023-22195
Paper File Folders From the People's Republic of China: 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 the People's Republic of China (China) are being, or are likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation is April 1, 2022, 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 69141-69142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22195]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-147]
Paper File Folders From the People's Republic of China: 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 the People's Republic of China (China) are
being, or are likely to be, sold in the United States at less-than-fair
value (LTFV). The period of investigation is April 1, 2022, through
September 30, 2022.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-4868.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2023, Commerce published in the Federal Register the
Preliminary Determination in this investigation.\1\ On May 31, 2023,
Commerce published the postponement of the final determination deadline
until September 29, 2023.\2\
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\1\ See Paper File Folders from the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less-Than-Fair
Value, 88 FR 31485 (May 17, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Paper File Folders from the People's Republic of China:
Postponement of Final Determination in the Less-Than-Fair-Value
Investigation, 88 FR 34827 (May 31, 2023).
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We received no comments or case briefs addressing any of the
findings in the Preliminary Determination; therefore, there is no
Decision Memorandum accompanying this notice.
Scope of the Investigation
The products covered by this investigation are paper file folders
from China. For a complete description of the scope of this
investigation, see the appendix to this notice.
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.\3\ 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 the appendix.
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\3\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated May 10, 2023 (Preliminary Scope Memorandum).
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China-Wide Entity and Use of Adverse Facts Available (AFA)
For the purposes of this final determination, consistent with the
Preliminary Determination,\4\ we relied solely on the application of
AFA for the China-wide entity, pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended (the Act). Further, because no
companies are eligible for a rate separate from the China-wide entity,
we continue to find that all exporters of Chinese paper file folders
are part of the China-wide entity. No interested party submitted
comments on the Preliminary Determination. Thus, we made no changes to
our analysis or to the China-wide entity's dumping margin for the final
determination. A detailed discussion of our application of AFA is
provided in the Preliminary Determination.\5\
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\4\ See Preliminary Determination PDM at 7-11.
\5\ Id.
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Combination Rates
Because no Chinese exporters qualified for a separate rate,
producer/exporter combination rates were not calculated for this final
determination.
Final Determination
The final estimated weighted-average dumping margin is as follows:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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China-Wide Entity....................................... 192.70
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Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final determination within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final determination in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce continues to find that all
Chinese exporters of paper file folders are part of the China-wide
entity and continues to rely solely on the application of AFA for the
China-wide entity, there are no calculations to disclose for this final
determination.
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 subject merchandise, as described in the
appendix to this notice, entered, or withdrawn from warehouse, for
consumption, on or after May 17, 2023, which is the date of publication
of the affirmative Preliminary Determination in the Federal Register,
at the cash deposit rate indicated above.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which the normal value
exceeds the U.S. price as follows: (1) for all Chinese exporters of
subject merchandise, the cash deposit rate will be equal to the
estimated dumping margin established for the China-wide entity; and (2)
for all third country exporters of subject merchandise, the cash
deposit rate is also the cash deposit
[[Page 69142]]
rate applicable to the China-wide entity. 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 our final affirmative
determination of sales at LTFV. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance.
Because the final determination in this proceeding 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 of paper file folders from China no later than 45
days after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce intends to issue an
antidumping duty order, in accordance with section 736(a) of the Act,
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise that are
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
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an 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 the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published in pursuant to sections
735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
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 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. 2023-22195 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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