Notice2023-26336
Certain Folding Gift Boxes From the People's Republic of China: Continuation of the Antidumping 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 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain folding gift boxes (gift boxes) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this AD order.
Full Text
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<title>Federal Register, Volume 88 Issue 229 (Thursday, November 30, 2023)</title>
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[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83532-83533]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26336]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-866]
Certain Folding Gift Boxes From the People's Republic of China:
Continuation of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on certain folding
gift boxes (gift boxes) from the People's Republic of China (China)
would be likely to lead to continuation or recurrence of dumping and
material injury to an industry in the United States, Commerce is
publishing a notice of continuation of this AD order.
DATES: Applicable November 8, 2023.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On January 8, 2002, Commerce published the AD order on certain
folding gift boxes from China.\1\ On June 1, 2023, the ITC
instituted,\2\ and Commerce initiated,\3\ the fourth sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its review, Commerce determined that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and, therefore, notified the ITC of the magnitude
of margins of dumping likely to prevail should the Order be revoked.\4\
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\1\ See Notice of Antidumping Duty Order: Certain Folding Gift
Boxes from the People's Republic of China, 67 FR 864 (January 8,
2002) (Order).
\2\ See Folding Gift Boxes from China; Institution of a Five-
Year Review, 88 FR 35917 (June 1, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 35832
(June 1, 2023).
\4\ See Certain Folding Gift Boxes from the People's Republic of
China: Final Results of Expedited Sunset Review of the Antidumping
Duty Order, 88 FR 69133 (October 5, 2023), and accompanying Issues
and Decision Memorandum.
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On November 8, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Folding Gift Boxes from China; Determination, 88 FR
77107 (November 8, 2023) (ITC Final Determination); and Folding Gift
Boxes from China, Inv. No. 731-TA-921 (Fourth Review), USITC Pub.
5471 (November 2023).
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Scope of the Order
The products covered by the Order are certain folding gift boxes.
Folding gift boxes are a type of folding or knock-down carton
manufactured from paper or paperboard. Folding gift boxes are produced
from a variety of recycled and virgin paper or paperboard materials,
including, but not limited to, clay-coated paper or paperboard and
kraft (bleached or unbleached) paper or paperboard. The scope of the
Order excludes gift boxes manufactured from paper or paperboard of a
thickness of more than 0.8 millimeters, corrugated paperboard, or paper
mache. The scope also excludes those gift boxes for which no side of
the box, when assembled, is at least nine inches in length.
Folding gift boxes included in the scope are typically decorated
with a holiday motif using various processes, including printing,
embossing, debossing, and foil stamping, but may also be plain white or
printed with a single color. The subject merchandise includes folding
gift boxes, with or without handles, whether finished or unfinished,
and whether in one-piece or multi-piece configuration. One-piece gift
boxes are die-cut or otherwise formed so that the top, bottom, and
sides form a single, contiguous unit. Two-piece gift boxes are those
with a folded bottom and a folded top as
[[Page 83533]]
separate pieces. Folding gift boxes are generally packaged in shrink-
wrap, cellophane, or other packaging materials, in single or multi-box
packs for sale to the retail customer. The scope excludes folding gift
boxes that have a retailer's name, logo, trademark or similar company
information printed prominently on the box's top exterior (such folding
gift boxes are often known as ``not-for-resale'' gift boxes or ``give-
away'' gift boxes and may be provided by department and specialty
stores at no charge to their retail customers). The scope of the Order
also excludes folding gift boxes where both the outside of the box is a
single color and the box is not packaged in shrink-wrap, cellophane,
other resin-based packaging films, or paperboard.
Imports of the subject merchandise are classified under Harmonized
Tariff Schedules of the United States (HTSUS) subheadings 4819.20.0040
and 4819.50.4060. These subheadings also cover products that are
outside the scope of the Order. Furthermore, although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the Order is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the Order. U.S. Customs and
Border Protection will continue to collect AD cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the Order will be
November 8, 2023.\6\ Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year review of this order not later
than 30 days prior to the fifth anniversary of the effective date of
the last determination by the ITC.
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\6\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the 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 five-year (sunset) review and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: November 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26336 Filed 11-29-23; 8:45 am]
BILLING CODE 3510-DS-P
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