Notice2023-25688
Paper File Folders From the People's Republic of China, India, and the Socialist Republic of Vietnam: Antidumping Duty Orders; and Paper File Folders From India: Countervailing Duty Order
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
November 21, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing the antidumping duty (AD) orders on paper file folders from the People's Republic of China (China), India, and the Socialist Republic of Vietnam (Vietnam) and the countervailing duty (CVD) order on paper file folders from India.
Full Text
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<title>Federal Register, Volume 88 Issue 223 (Tuesday, November 21, 2023)</title>
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[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81048-81051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25688]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-147, A-533-910, A-552-834, C-533-911]
Paper File Folders From the People's Republic of China, India,
and the Socialist Republic of Vietnam: Antidumping Duty Orders; and
Paper File Folders From India: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing the antidumping duty (AD) orders
on paper file folders from the People's Republic of China (China),
India, and the Socialist Republic of Vietnam (Vietnam) and the
countervailing duty (CVD) order on paper file folders from India.
DATES: Applicable November 21, 2023.
FOR FURTHER INFORMATION CONTACT: William Horn (China), Jinny Ahn
(Vietnam), Eric Hawkins (AD India), or Thomas Martin (CVD India), AD/
CVD Operations, Offices IV, V, and VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4868, (202) 482-0339, (202) 482-1988, or (202) 482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on October 5, 2023, Commerce published its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of paper file folders from China, India, and Vietnam,\1\
and its affirmative final determination that countervailable subsidies
are being provided to producers and exporters of paper file folders
from India.\2\
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\1\ See Paper File Folders from the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value, 88
FR 69141 (October 5, 2023); Paper File Folders from India: Final
Affirmative Determination of Sales at Less Than Fair Value, 88 FR
69138 (October 5, 2023); and Paper File Folders from the Socialist
Republic of Vietnam: Final Affirmative Determination of Sales at
Less Than Fair Value, 88 FR 69130 (October 5, 2023).
\2\ See Paper File Folders from India: Final Affirmative
Countervailing Duty Determination, 88 FR 69134 (October 5, 2023)
(CVD Final Determination).
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On November 13, 2023, pursuant to sections 705(d) and 735(d) of the
Act, the ITC notified Commerce of its final affirmative determinations
that an industry in the United States is materially injured by reason
of LTFV imports of paper file folders from China, India, and Vietnam,
and subsidized imports of paper file folders from India, within the
meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\3\
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\3\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated November 13, 2023 (ITC Notification Letter).
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Scope of the Orders
The products covered by these orders are paper file folders from
China, India, and Vietnam. For a complete description of the scope of
the orders, see the appendix to this notice.
AD Orders
On November 13, 2023, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of paper file
folders from China, India, and Vietnam that are sold in the United
States at LTFV.\4\ Therefore, in accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing these AD orders. Because the ITC
determined that imports of paper file folders from China, India, and
Vietnam are materially injuring a U.S. industry, unliquidated entries
of such merchandise from China, India, and Vietnam, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
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\4\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise on all
relevant entries of paper file folders from China, India, and Vietnam.
Antidumping duties will be assessed on unliquidated entries of paper
file folders entered, or withdrawn from warehouse, for consumption on
or after May 17, 2023, the date of publication of the AD Preliminary
Determinations,\5\ but will
[[Page 81049]]
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.
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\5\ 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); 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); and Paper File
Folders from 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) (collectively, AD Preliminary Determinations).
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Continuation of Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, in accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of paper file folders from China, India and Vietnam. These instructions
suspending liquidation will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below, adjusted by the relevant subsidy offsets.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP must require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the tables below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
China
China-wide entity................................... 192.70
------------------------------------------------------------------------
------------------------------------------------------------------------
Cash deposit
Weighted- rate (adjusted
Exporter/producer average for subsidy
dumping margin offsets)
(percent) (percent) \6\
------------------------------------------------------------------------
India
Navneet Education Limited........... 17.22 13.44
Kokuyo Riddhi Paper Products Pvt. 86.01 82.23
Ltd................................
LGPL Paper Industries Pvt. Limited.. 86.01 82.23
All Others.......................... 17.22 13.44
------------------------------------------------------------------------
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Vietnam
Three-Color Stone Stationary Three-Color Stone 97.52
(Viet Nam) Company Limited. Stationary (Viet Nam)
Company Limited.
Vietnam-Wide Entity............ ...................... 233.93
------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of paper file folders from China, India, and Vietnam,
Commerce extended the four-month period to no more than six-months.\7\
In the underlying investigations, Commerce published the AD Preliminary
Determinations on May 17, 2023. Therefore, the six-month period
beginning on the date of the publication of the AD Preliminary
Determinations ended on November 12, 2023. Pursuant to section 737(b)
of the Act, the collection of cash deposits at the rates listed above
will begin on the date of publication of the ITC's final injury
determinations. Therefore, in accordance with section 736(a)(1) of the
Act and our practice, Commerce will instruct CBP to terminate the
suspension of liquidation and to liquidate, without regard to
antidumping duties, unliquidated entries of paper file folders from
China, India, and Vietnam entered, or withdrawn from warehouse, for
consumption on or after November 13, 2023, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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\6\ In the companion CVD investigation, Commerce calculated a
3.78 percent export subsidy rate for Navneet Education Limited. See
CVD Final Determination and accompanying Issues and Decision
Memorandum at 6.
\7\ See AD Preliminary Determinations; and 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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CVD Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of paper file folders from
India,\8\ in accordance with section 705(c)(2) of the Act, Commerce is
issuing this CVD order. Moreover, because the ITC determined that
imports of paper file folders from India are materially injuring a U.S.
industry, unliquidated entries of subject merchandise from India
entered, or withdrawn from warehouse, for consumption, are subject to
the assessment of countervailing duties.
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\8\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instruction by Commerce,
countervailing duties on all relevant entries of paper file folders
from India, which are entered, or withdrawn from warehouse, for
consumption on or after March 20, 2023, the date of publication of the
CVD Preliminary Determination, but will not include entries occurring
after the expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of
[[Page 81050]]
the Act, as further described in the ``Provisional Measures--CVD''
section of this notice.\9\
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\9\ 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) (CVD Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of paper file
folders from India, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties on each entry of subject
merchandise in an amount based on the net countervailable subsidy rates
below. On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require, at the same
time as importers would normally deposit estimated customs duties on
this merchandise, a cash deposit equal to the rates listed in the table
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Navneet Education Limited............................... 3.78
Lotus Global Pvt. Ltd................................... \10\ 90.98
All Others.............................................. 3.78
------------------------------------------------------------------------
Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on March 20, 2023.\11\ As such, the four-
month period beginning on the date of the publication of the CVD
Preliminary Determination ended on July 17, 2023.
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\10\ Commerce has assigned a rate to Lotus Global Pvt. Ltd.
based entirely on facts available, using adverse inferences, under
section 776 of the Act.
\11\ Id.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of paper file folders from India entered, or withdrawn from
warehouse, for consumption, on or after July 18, 2023, the date on
which the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\12\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\13\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\14\
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\12\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\13\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\14\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \15\
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\15\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\16\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\16\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \17\ Accordingly, as stated
above, the petitioner and the Governments of China, India, and Vietnam
should submit their initial entries of appearance after publication of
this notice in order to appear in the first annual inquiry service
lists for these orders. Pursuant to 19 CFR 351.225(n)(3), the
petitioner and the Governments of China, India, and Vietnam will not
need to resubmit their entries of appearance each year to continue to
be included on the annual inquiry service list. However, the petitioner
and the Governments of China, India, and Vietnam are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\17\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD orders with respect to paper file
folders from China, India, and Vietnam and the CVD order with respect
to paper file folders from India, pursuant to sections 706(a) and
736(a) of the Act. Interested parties
[[Page 81051]]
can find a list of AD and CVD orders currently in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are issued and published in accordance with sections
706(a) and 736(a) of the Act and 19 CFR 351.211(b).
Dated: November 15, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The products within the scope of these orders 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 these orders is dispositive.
[FR Doc. 2023-25688 Filed 11-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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