Notice2023-22196
Paper File Folders From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at 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
October 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that paper file folders from the Socialist Republic of Vietnam (Vietnam) are being, or 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 69130-69132]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22196]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-834]
Paper File Folders From the Socialist Republic of Vietnam: Final
Affirmative Determination of Sales at Less-Than-Fair-Value
Investigation
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 Socialist Republic of Vietnam (Vietnam) are
being, or 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 or Jinny Ahn, 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 or (202)
482-0339, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2023, Commerce published its preliminary affirmative
determination in the LTFV investigation of paper file folders from
Vietnam.\1\ On June 20, 2023, Commerce published its Amended
Preliminary Determination to correct a significant ministerial
error.\2\ For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
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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
(PDM).
\2\ See Paper File Folders from the Socialist Republic of
Vietnam: Amended Preliminary Determination of Less Than Fair Value
Investigation, 88 FR 39825 (June 20, 2023) (Amended Preliminary
Determination).
\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Paper File Folders from the Socialist Republic of Vietnam,''
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 Vietnam. For a complete 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.\4\ 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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\4\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated May 10, 2023 (Preliminary Scope Memorandum).
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Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in Appendix II to this
notice. The Issues and Decision Memorandum is a public document and is
on file 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>.
Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)
Consistent with the Preliminary Determination,\5\ Commerce
continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of
the Tariff Act of 1930, as amended (the Act), that the use of facts
available is warranted in determining the rate of the Vietnam-wide
entity, which includes mandatory respondents CRE8 Direct (HK) Co.,
Limited and Fairton Asia Limited and six companies not selected for
individual examination \6\ that did not respond to our requests for
information. Furthermore, we continue to find that an adverse inference
is warranted in selecting from the facts otherwise available, pursuant
to section 776(b) of the Act and 19 CFR 351.308(a), because the
Vietnam-wide entity, including the eight companies referred to above,
failed to cooperate by not acting to the best of their ability to
comply with Commerce's requests for information. For the final
determination, consistent with the Amended Preliminary
Determination,\7\ as AFA, we are continuing to assign the Vietnam-wide
entity, including the above-referenced companies, the rate of 233.93
percent, which is the highest margin alleged in the petition.\8\
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\5\ See Preliminary Determination PDM at 13-17.
\6\ See the ``Final Determination'' section of this notice,
infra, at footnote 13 for the names of these six companies.
\7\ See Amended Preliminary Determination, 88 FR at 39826.
\8\ See Issues and Decision Memorandum at the ``Vietnam-Wide
Rate'' section for a full discussion.
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Separate Rates
We preliminarily granted the mandatory respondent, Three-Color
Stone Stationary (Viet Nam) Company, Limited (TCS), a separate rate in
the Preliminary Determination based on its eligibility.\9\ No party
commented on our preliminary separate rate determination with respect
to TCS and we have no basis otherwise to reconsider this determination.
Accordingly, we continue to find that TCS is eligible for a separate
rate in the final determination.\10\
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\9\ See Preliminary Determination PDM at 12-13.
\10\ See Issues and Decision Memorandum at the ``Separate
Rates'' section for further discussion.
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No party commented on our preliminary determination to deny
separate rates to the eight companies that failed to establish their
eligibility for a separate rate by not complying with our requests for
information, and there is no basis otherwise to reconsider this
determination. Accordingly, we have continued to treat these companies
as a part of the Vietnam-wide entity.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
interested parties, we made one change to the margin calculations for
TCS.\11\ For a discussion of this change, see the Issues and Decision
Memorandum.
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\11\ Id.
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Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\12\ Commerce calculated combination rates for the sole respondent
that is eligible for a separate rate in this investigation.
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\12\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Final Determination
Commerce determines that the following weighted-average dumping
margins exist for the period April 1, 2022, through September 30, 2022:
[[Page 69131]]
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Estimated
weighted-average
Exporter Producer dumping margin
(percent)
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Three-Color Stone Stationary Three-Color Stone 97.52
(Viet Nam) Company Limited. Stationary (Viet
Nam) Company Limited.
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Vietnam-Wide Entity \13\ 233.93
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Disclosure
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\13\ The Vietnam-wide entity includes the following companies:
Vietnam Cailan Industry Co., Ltd.; Changyuan Vietnam Co., Ltd.; Deli
Vietnam Co., Ltd.; Fuda Stationery (Vietnam) Factory; Guangbo
Vietnam Company, Ltd.; Teamade Stationery Vietnam Co., Ltd.; CRE8
Direct (HK) Co., Limited; and Fairton Asia Limited.
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We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
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, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of paper file folders from Vietnam,
as described in Appendix I of this notice, which are entered, or
withdrawn from warehouse, for consumption on or after May 17, 2023, the
date of publication in the Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, Commerce will instruct
CBP to require a cash deposit equal to the weighted-average amount by
which the normal value exceeds U.S. price as follows: (1) the cash
deposit rate for the exporter/producer combination listed in the table
above will be the rate identified in the table; (2) for all
combinations of Vietnamese exporters/producers of subject merchandise
that have not received their own separate rate above, the cash deposit
rate will be the cash deposit rate established for the Vietnam-wide
entity; and (3) for all non-Vietnamese exporters of subject merchandise
which have not received their own separate rate above, the cash deposit
rate will be the cash deposit rate applicable to the Vietnamese
exporter/producer combination that supplied that non-Vietnamese
exporter. These suspension of liquidation instructions will remain in
effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding where appropriate. Because there
is no companion CVD proceeding, we have not made any such adjustments
for this final determination.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
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 subject merchandise from Vietnam no later than 45
days after our 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. If the ITC determines that such
injury does exist, Commerce will 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 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 reminder to the 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 return or 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 accordance with
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 I--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);
[[Page 69132]]
<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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Vietnam-Wide Rate
IV. Separate Rates
V. Changes from the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Surrogate Country Selection and Selection of
Surrogate Financial Statements
Comment 2: Commerce's Application of the Cohen's d Test
Comment 3: Whether to Correct a Clerical Error in the Movement
Expense Calculation
Comment 4: Whether to Apply Partial Adverse Facts Available
(AFA) with Respect to Cutting Dies
VII. Recommendation
[FR Doc. 2023-22196 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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