Notice2023-22197
Paper File Folders From India: Final Affirmative Countervailing Duty Determination
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 countervailable subsidies are being provided to producers and exporters of paper file folders from India. The period of investigation is January 1, 2021, through December 31, 2021.
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 69134-69136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22197]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-911]
Paper File Folders From India: Final Affirmative Countervailing
Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of paper file folders from India. The period of investigation is
January 1, 2021, through December 31, 2021.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office IV, 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 March 20, 2023, Commerce published the Preliminary Determination
in the Federal Register.\1\ Subsequently, on June 1, 2023, Commerce
released its Post-Preliminary Analysis.\2\
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\1\ See Paper File Folders from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With the Final Antidumping Duty Determination, 88 FR
16590 (March 20, 2023) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Post-Preliminary Analysis Memorandum;''
dated June 1, 2023 (Post-Preliminary Analysis).
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
The Issues and Decision Memorandum is a public
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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>.
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
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.
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.\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 Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found to be countervailable, Commerce determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a full description of the methodology underlying our
final determination, including our determination with respect to Lotus
Global Pvt. Ltd (Lotus Global) that relied upon the use of adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Issues and Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Changes Since the Preliminary Determination and Post-Preliminary
Analysis
Based on our review and analysis of the information received during
verification and comments received from arties, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for Navneet Education Ltd. (Navneet), Lotus Global,
and for all other producers/exporters. For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act. In this investigation, Commerce calculated a
total subsidy rate for Lotus Global determined entirely under section
776 of the Act. Therefore, the only rate that is not zero, de minimis,
or based entirely on facts otherwise available is the rate calculated
for Navneet. 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 net
countervailable subsidy rates exist for the period January 1, 2021,
through December 31, 2021:
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Subsidy rate
Company (percent ad
valorem)
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Navneet Education Ltd................................... 3.78
Lotus Global Pvt. Ltd................................... 90.98
All Others.............................................. 3.78
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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 we have made no calculation changes
from the Preliminary Determination, there are no calculations to
disclose.
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after March 20, 2023, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, on July 19, 2023, we
instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse, on
or after July 18, 2023, but to continue the suspension of liquidation
of all entries of subject merchandise on or after March 20, 2023 and on
or before July 17, 2023.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise in the amounts indicated above,
in accordance with section 706(a) of the Act. If the ITC determines
that material injury, or threat of material injury, does not exist,
this proceeding will be terminated, and all estimated duties deposited
or securities posted as a result of the suspension of liquidation will
be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of paper file
folders from India. As Commerce's final determination is affirmative,
in accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, 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 India. In addition, we are making
available to the ITC all non-privileged and non-proprietary information
related to this investigation. We will allow the ITC access to all
privileged and business
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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.
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 the APO of their responsibility concerning the destruction
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 pursuant to sections
705(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 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Navneet Received a Benefit from the Remission
of Duties and Taxes on Export Products (RODTEP) Program during the
Period of Investigation (POI)
Comment 2: Whether Commerce has Incorrectly Found the Duty
Drawback (DDB) Program to Be Countervailable
Comment 3: Whether Commerce Correctly Calculated Merchandise
Export Incentive Scheme (MEIS) Benefits
VIII. Recommendation
[FR Doc. 2023-22197 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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