Notice2024-26889
Paper File Folders From Cambodia and Sri Lanka: Initiation of Less-Than-Fair-Value Investigations
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 19, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91322-91327]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26889]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-005, A-542-806]
Paper File Folders From Cambodia and Sri Lanka: Initiation of
Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 12, 2024.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger (Cambodia) and
Rachel Jennings (Sri Lanka), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-2517 and (202) 482-1110, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 21, 2024, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of paper
file folders from Cambodia and Sri Lanka filed in proper form on behalf
of the Coalition of Domestic Folder Manufacturers (the petitioner),\1\
the members of which are domestic producers of paper file folders.\2\
The AD Petitions were accompanied by a countervailing duty (CVD)
petition
[[Page 91323]]
concerning imports of paper file folders from Cambodia.\3\
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\1\ The members of the Coalition of Domestic Folder
Manufacturers (the Coalition) are: Smead Manufacturing Company, Inc.
(Smead) and TOPS Products LLC (TOPS).
\2\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated October 21, 2024
(Petitions).
\3\ Id.
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Between October 25 and 28, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\4\ The petitioner responded to Commerce's
supplemental questionnaires on October 29 and 30, 2024.\5\
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\4\ See Commerce's Letters, ``Supplemental Questions,'' dated
October 25, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: Cambodia Supplemental and
Sri Lanka Supplemental, dated October 25 and 26, 2024, respectively.
\5\ See Petitioner's Letters, ``Response of Petitioner to Volume
I Supplemental Questionnaire,'' dated October 29, 2024 (General
Issues Supplement); see also Country-Specific AD Supplemental
Responses: Cambodia AD Supplement and Sri Lanka AD Supplement, dated
October 30, 2024.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of paper file
folders from Cambodia and Sri Lanka are being, or are likely to be,
sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the paper
file folders industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions were accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(F) of the Act.\6\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\7\
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\6\ Smead and TOPS are interested parties under section
771(9)(C) of the Act, while the Coalition is an interested party
under section 771(9)(F) of the Act.
\7\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on October 21, 2024, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the
Cambodia and Sri Lanka LTFV investigations is October 1, 2023, through
September 30, 2024.
Scope of the Investigations
The products covered by these investigations are paper file folders
from Cambodia and Sri Lanka. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\9\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on December 2, 2024, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, and should also be limited to public information,
must be filed by 5:00 p.m. ET on December 12, 2024, which is 10
calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of paper file folders to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant cost of production
(COP) accurately, as well as to develop appropriate product comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe paper file folders, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on December 2,
2024, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on December 12,
2024, which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the LTFV
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25
[[Page 91324]]
percent of the total production of the domestic like product; and (ii)
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act
provides that, if the petition does not establish support of domestic
producers or workers accounting for more than 50 percent of the total
production of the domestic like product, Commerce shall: (i) poll the
industry or rely on other information in order to determine if there is
support for the petition, as required by subparagraph (A); or (ii)
determine industry support using a statistically valid sampling method
to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\13\ Based on our analysis of the information
submitted on the record, we have determined that paper file folders, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\14\
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\13\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Paper File Folders from Cambodia and Sri Lanka,'' dated
concurrently with, and hereby adopted by, this notice (Country-
Specific AD Initiation Checklists), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Paper File Folders from Cambodia and Sri Lanka
(Attachment II). These checklists are on file electronically via
ACCESS.
\14\ See Attachment II of the Country-Specific AD Initiation
Checklists.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2023 total shipment values of the domestic like product for U.S.
producers that support the Petitions and compared this to the estimated
total shipment values of the domestic like product for the entire
domestic industry.\15\ Because total industry production data for the
domestic like product for 2023 are not reasonably available to the
petitioner, and the petitioner has established that shipments are a
reasonable proxy for production data.\16\ We relied on the data
provided by the petitioner for purposes of measuring industry
support.\17\
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\15\ Id.
\16\ Id.
\17\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\18\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\21\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
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\18\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\19\ Id.; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports from Cambodia exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\23\ With respect to
Sri Lanka, while the allegedly dumped imports do not exceed the
statutory requirements for negligibility,\24\ the petitioner alleges
and provides supporting evidence that: (1) there is a reasonable
indication that the data obtained in the ITC's investigation will
establish that imports exceed the negligibility threshold; \25\ and (2)
there is the potential that imports from Sri Lanka will imminently
exceed the negligibility threshold and, therefore, are not negligible
for purposes of a threat determination.\26\ The petitioner's arguments
regarding the limitations of publicly available import data and the
collection of scope-specific import data in the ITC's investigation are
consistent with the SAA. Furthermore, the petitioner's arguments
regarding the potential for imports from Sri Lanka to
[[Page 91325]]
imminently exceed the negligibility threshold are consistent with the
statutory criteria for ``negligibility in threat analysis'' under
section 771(24)(A)(iv) of the Act, which provides that imports shall
not be treated as negligible if there is a potential that subject
imports from a country will imminently exceed the statutory
requirements for negligibility.
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\23\ For further information regarding negligibility and the
injury allegation, see Country-Specific AD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Paper File Folders from Cambodia and Sri Lanka
(Attachment III).
\24\ Id.
\25\ Id.; see also Statement of Administrative Action
Accompanying the Uruguay Round Agreements Act, H.R. Doc 103-316,
Vol. 1 (1994) (SAA).
\26\ See Attachment III of the Country-Specific AD Initiation
Checklists; see also section 771(24)(A)(iv) of the Act.
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The petitioner contends that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; and declines in the domestic
industry's production, U.S. shipments, net sales, and financial
performance.\27\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation,
cumulation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\28\
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\27\ See Attachment III of the Country-Specific AD Initiation
Checklists.
\28\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of paper file folders from Cambodia and Sri Lanka. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For Cambodia, the petitioner based export price (EP) on pricing
information for paper file folders produced in Cambodia and sold or
offered for sale in the U.S. market during the POI.\29\ For Sri Lanka,
the petitioner based EP on the POI average unit value derived from
official import statistics for imports of paper file folders from Sri
Lanka.\30\ For each country, the petitioner made certain adjustments to
U.S. price to calculate a net ex-factory U.S. price, where
applicable.\31\
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\29\ See Cambodia AD Initiation Checklist.
\30\ See Sri Lanka AD Initiation Checklist.
\31\ See Country-Specific AD Initiation Checklists.
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Normal Value <SUP>32</SUP>
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\32\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For Cambodia and Sri Lanka, the petitioner stated that it was
unable to obtain home market or third-country prices for paper file
folders in the respective countries to use as a basis for NV.\33\
Therefore, for both countries, the petitioner calculated NV based on
CV. For further discussion of CV, see the section ``Normal Value Based
on Constructed Value.''
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\33\ See Country-Specific AD Initiation Checklists.
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Normal Value Based on Constructed Value
As noted above, for Cambodia and Sri Lanka, the petitioner stated
it was unable to obtain home market or third-country prices for paper
file folders to use as a basis for NV. Therefore, for both countries,
the petitioner calculated NV based on CV.
Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general and
administrative (SG&A) expenses, financial expenses, and profit.\34\ For
both countries, in calculating the cost of manufacturing, the
petitioner relied on the production experience and input consumption
rates of a U.S. producer of paper file folders, valued using publicly
available information applicable to the respective countries, where
applicable.\35\ In calculating SG&A expenses, financial expenses, and
profit ratios, the petitioner relied on the fiscal year 2023 financial
statements of producers of comparable merchandise domiciled in each
country, respectively.\36\
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\34\ Id.
\35\ Id.
\36\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of paper file folders from Cambodia and Sri Lanka
are being, or are likely to be, sold in the United States at LTFV.
Based on comparisons of EP to NV in accordance with sections 772 and
773 of the Act, the estimated dumping margins for paper file folders
for each of the countries covered by this initiation are as follows:
(1) Cambodia--127.58 to 288.36 percent; and (2) Sri Lanka--23.57 to
91.28 percent.\37\
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\37\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of paper file folders from Cambodia and Sri Lanka are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
In the Petitions, the petitioner identified four companies in
Cambodia and five companies in Sri Lanka as producers and/or exporters
of paper file folders.\38\ Following standard practice in LTFV
investigations involving market economy countries, in the event
Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, where appropriate, Commerce intends to select mandatory
respondents based on U.S. Customs and Border Protection (CBP) data for
imports under the appropriate Harmonized Tariff Schedule of the United
States (HTSUS) subheading(s) listed in the ``Scope of the
Investigations,'' in the appendix.
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\38\ See Petitions at Volume I (page 18 and Exhibit I-18); see
also General Issues Supplement at 1-2 and Exhibit I-S1.
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On November 7, 2024, Commerce released CBP data on imports of paper
file folders from Cambodia and Sri Lanka under administrative
protective order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment on CBP data and/or respondent selection must do so within three
business days of the publication date of the notice of initiation of
these investigations.\39\ Comments must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline.
Commerce will not accept rebuttal comments regarding the CBP data or
respondent selection.
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\39\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated November 7, 2024.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Cambodia and Sri Lanka via ACCESS. To
the extent
[[Page 91326]]
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of paper file folders from Cambodia and/or Sri
Lanka are materially injuring, or threatening material injury to, a
U.S. industry.\40\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\41\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\40\ See section 733(a) of the Act.
\41\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \42\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\43\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\44\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\45\
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\44\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\48\
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\48\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
[[Page 91327]]
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products within the scope of these investigations 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 the 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 of 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 investigations is dispositive.
[FR Doc. 2024-26889 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 19, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.