Commodity Matchbooks From India: Final Affirmative Countervailing Duty Determination, 54547-54548 [E9-25445]
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Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices
include, but are not limited to: ASTM A194,
ASTM A307, ASTM A325, ASTM A325M,
ASTM A354, ASTM A449, ASTM A490,
ASTM A563, ASTM F568M, ASTM F1852,
ASTM F2280, SAE J429, SAE J1199, ISO
898–1, ISO 898–2, ISO 4759–1, ISO 8992,
and comparable foreign and domestic
specifications (including, but not limited to,
metric versions of specifications such as
those listed above).
Excluded from the scope of the
investigation are bolts, cap screws, and nuts
produced for an original equipment
manufacturer (OEM) part number specific to
any ‘‘automobile’’ as defined in 49 U.S.C.
Section 32901(a)(3), any ‘‘work truck’’ as
defined in 49 U.S.C. Section 32901(a) (19), or
any ‘‘medium-duty passenger vehicle’’ as
defined in 40 C.F.R. Section 86.1803–01
(2009).
Also excluded from the scope of the
investigation are bolts, cap screws, and nuts
produced for an OEM part number specific
to any ‘‘aircraft’’ as defined in 14 CFR 1.1
(2009).
Also excluded from the scope of the
investigation are track bolts. Track bolts have
a circular, rounded head and a shank which,
immediately beneath the head, possesses an
oval or elliptical shape, such that the nonround shape would restrict rotational
movement of the bolt. Also excluded from
the scope of the investigation are carriage
bolts. Carriage bolts have a circular, rounded
head and a shank which, immediately
beneath the head, possesses a non-round
shape (e.g., square, finned), such that the
non-round shape would restrict rotational
movement of the bolt. Also excluded from
the scope of the investigation are socket
screws. Socket screws have a head with a
recessed cavity into which a shaped bit may
be inserted to turn and drive the fastener.
Unless explicitly excluded from the scope
of the investigation, bolts, cap screws, and
nuts meeting the description of subject
merchandise are covered by the
investigation.
Merchandise covered by the investigation
is classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings: 7318.15.2030, 7318.15.2055,
7318.15.2065, 7318.15.8065, 7318.15.8085,
and 7318.16.0085. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise under the
investigation is dispositive.
[FR Doc. E9–25197 Filed 10–21–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
dcolon on DSK2BSOYB1PROD with NOTICES
[C–533–849]
Commodity Matchbooks From India:
Final Affirmative Countervailing Duty
Determination
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce
VerDate Nov<24>2008
15:13 Oct 21, 2009
Jkt 220001
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
commodity matchbooks from India. For
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
EFFECTIVE DATE: October 22, 2009.
FOR FURTHER INFORMATION CONTACT:
Sean Carey or Dana Mermelstein, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3964 and (202)
482–1391, respectively.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The period for which we are
measuring subsidies, i.e., the period of
investigation (POI), is January 1, 2007
through December 31, 2007.
Case History
The following events have occurred
since the publication of the
Department’s preliminary determination
in the Federal Register. See Commodity
Matchbooks from India: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Countervailing Duty Determination with
Final Antidumping Duty Determination,
74 FR 15444 (April 6, 2009). The
Department conducted a verification of
the Government of India’s (GOI)
questionnaire responses regarding the
administration of the Export Promotion
Capital Goods Scheme (EPCGS) on May
4, 2009, in New Delhi, India. See
Memorandum to Dana Mermelstein,
Program Manager for AD/CVD
Operations, Office 6, from Sean Carey,
Case Analyst, AD/CVD Operations,
Office 6, ‘‘Verification of the
Questionnaire Responses Submitted by
the Government of India,’’ dated August
7, 2009. On May 5 through 8, 2009, the
Department verified the information
submitted by the sole respondent in this
investigation, Triveni Safety Matches
Pvt. Ltd. (Triveni), at its corporate
headquarters in Mumbai, India. See
Memorandum to Dana Mermelstein,
Program Manager for AD/CVD
Operations, Office 6, from Sean Carey,
Case Analyst, AD/CVD Operations,
Office 6, ‘‘Verification of the
Questionnaire Responses Submitted by
Triveni Safety Matches Pvt. Ltd.,’’ dated
August 7, 2009. The Department
released its briefing schedule on August
7, 2009, notifying all parties of the
deadlines for submission of case and
rebuttal briefs. No case briefs were filed
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
54547
by any of the interested parties. The
memoranda cited above are available at
the Department’s Central Records Unit
(Room 1117 in the HCHB Building)
(hereafter referred to as ‘‘CRU’’).
Scope of the Investigation
The scope of this investigation covers
commodity matchbooks, also known as
commodity book matches, paper
matches or booklet matches.1
Commodity matchbooks typically, but
do not necessarily, consist of twenty
match stems which are usually made
from paperboard or similar material
tipped with a match head composed of
any chemical formula. The match stems
may be stitched, stapled or otherwise
fastened into a matchbook cover of any
material, on which a striking strip
composed of any chemical formula has
been applied to assist in the ignition
process.
Commodity matchbooks included in
the scope of this investigation may or
may not contain printing. For example,
they may have no printing other than
the identification of the manufacturer or
importer. Commodity matchbooks may
also be printed with a generic message
such as ‘‘Thank You’’ or a generic image
such as the American Flag, with store
brands (e.g., Kroger, 7–Eleven, Shurfine
or Giant); product brands for national or
regional advertisers such as cigarettes or
alcoholic beverages; or with corporate
brands for national or regional
distributors (e.g., Penley Corp. or
Diamond Brands). They all enter retail
distribution channels. Regardless of the
materials used for the stems of the
matches and regardless of the way the
match stems are fastened to the
matchbook cover, all commodity
matchbooks are included in the scope of
this investigation. All matchbooks,
including commodity matchbooks,
typically comply with the United States
Consumer Product Safety Commission
(CPSC) Safety Standard for Matchbooks,
codified at 16 CFR § 1202.1 et seq.
The scope of this investigation
excludes promotional matchbooks, often
referred to as ‘‘not for resale,’’ or
‘‘specialty advertising’’ matchbooks, as
they do not enter into retail channels
and are sold to businesses that provide
hospitality, dining, drinking or
entertainment services to their
customers, and are given away by these
businesses as promotional items. Such
promotional matchbooks are
distinguished by the physical
1 Such commodity matchbooks are also referred
to as ‘‘for resale’’ because they always enter into
retail channels, meaning businesses that sell a
general variety of tangible merchandise, e.g.,
convenience stores, supermarkets, dollar stores,
drug stores and mass merchandisers.
E:\FR\FM\22OCN1.SGM
22OCN1
54548
Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices
characteristic of having the name and/
or logo of a bar, restaurant, resort, hotel,
´
club, cafe/coffee shop, grill, pub, eatery,
lounge, casino, barbecue or individual
establishment printed prominently on
the matchbook cover. Promotional
matchbook cover printing also typically
includes the address and the phone
number of the business or establishment
being promoted.2 Also excluded are all
other matches that are not fastened into
a matchbook cover such as wooden
matches, stick matches, box matches,
kitchen matches, pocket matches, penny
matches, household matches, strike–
anywhere matches (aka ‘‘SAW’’
matches), strike–on-box matches (aka
‘‘SOB’’ matches), fireplace matches,
barbeque/grill matches, fire starters, and
wax matches.
The merchandise subject to this
investigation is properly classified
under subheading 3605.00.0060 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Subject
merchandise may also enter under
subheading 3605.00.0030 of the HTSUS.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise under investigation is
dispositive.
Injury Test
dcolon on DSK2BSOYB1PROD with NOTICES
Because India is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Tariff
Act of 1930, as amended (the Act), the
International Trade Commission (ITC) is
required to determine, pursuant to
section 701(a)(2) of the Act, whether
imports of the subject merchandise from
India materially injure, or threaten
material injury to, a United States
industry. On December 19, 2008, the
ITC published its preliminary
determination that there is a reasonable
indication that an industry in the
United States is materially injured by
reason of allegedly subsidized imports
from the PRC of subject merchandise.
See Commodity Matchbooks from India;
Determinations, 73 FR 77840 (December
19, 2008); and Commodity Matchbooks
from India (Preliminary), USITC Pub.
4054, Inv. Nos. 701–TA–459 and 731–
TA 1155 (December 2008).
2 The gross distinctions between commodity
matchbooks and promotional matchbooks may be
summarized as follows: (1) if it has no printing, or
is printed with a generic message such as ‘‘Thank
You’’ or a generic image such as the American Flag,
or printed with national or regional store brands or
corporate brands, it is commodity; (2) if it has
printing, and the printing includes the name of a
´
bar, restaurant, resort, hotel, club, cafe/coffee shop,
grill, pub, eatery, lounge, casino, barbecue, or
individual establishment prominently displayed on
the matchbook cover, it is promotional.
VerDate Nov<24>2008
15:13 Oct 21, 2009
Jkt 220001
Analysis of Programs
A complete description and
discussion of the programs that the
Department investigated are addressed
in the Issues and Decision
Memorandum for the Final Affirmative
Countervailing Duty Determination:
Commodity Matchbooks from India,
from John M. Andersen, Acting Deputy
Assistant Secretary, to Ronald K.
Lorentzen, Acting Assistant Secretary,
dated October 15, 2009 (‘‘Issues and
Decision Memorandum’’). Modifications
to the calculations based on verification
are also discussed in this memorandum.
Parties can find this public
memorandum in the Department’s CRU.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://ia.ita.doc.gov/frn/. The
paper copy and electronic version of the
Issues and Decision Memorandum are
identical in content.
above. 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.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we have
calculated an individual subsidy rate for
the company under investigation,
Triveni, below. Section 705(c)(5)(A)(i) of
the Act states that for companies not
investigated, we will determine an all
others rate equal to the weighted
average countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776 of the Act. As
Triveni was the only exporter/
manufacturer under investigation, the
all others rate is based on Triveni’s total
subsidy rate calculated for this final
determination.
Return or Destruction of Proprietary
Information
Exporter/Manufacturer
Net Subsidy Rate
Triveni Safety Matches
Pvt. Limited ...............
All Others ......................
9.88%
9.88%
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all non–
privileged and nonproprietary
information related to this investigation.
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
Import Administration.
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an 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.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: October 15, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–25445 Filed 10–21–09; 8:45 am]
BILLING CODE 3510–DS–S
In accordance with section 703(d) of
the Act, we instructed U.S. Customs and
Border Protection to discontinue the
suspension of liquidation for
countervailing duty purposes for subject
merchandise entered on or after August
4, 2009, but to continue the suspension
of liquidation of entries made from
April 6, 2009 through August 3, 2009.
We will issue a countervailing duty
order and reinstate the suspension of
liquidation under section 706(a) of the
Act if the ITC issues a final affirmative
injury determination, and we will
require a cash deposit of estimated
countervailing duties for such entries of
merchandise in the amounts indicated
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 070827327–7327–01]
RIN 0648–XS21
Fisheries of the Northeastern United
States; Atlantic Surfclam and Ocean
Quahog Fisheries; Notice that Vendor
Will Provide Year 2010 Cage Tags
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
E:\FR\FM\22OCN1.SGM
22OCN1
Agencies
[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Pages 54547-54548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25445]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-849]
Commodity Matchbooks From India: Final Affirmative Countervailing
Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to producers and exporters
of commodity matchbooks from India. For information on the estimated
subsidy rates, see the ``Suspension of Liquidation'' section of this
notice.
EFFECTIVE DATE: October 22, 2009.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3964 and (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The period for which we are measuring subsidies, i.e., the period
of investigation (POI), is January 1, 2007 through December 31, 2007.
Case History
The following events have occurred since the publication of the
Department's preliminary determination in the Federal Register. See
Commodity Matchbooks from India: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final Countervailing Duty
Determination with Final Antidumping Duty Determination, 74 FR 15444
(April 6, 2009). The Department conducted a verification of the
Government of India's (GOI) questionnaire responses regarding the
administration of the Export Promotion Capital Goods Scheme (EPCGS) on
May 4, 2009, in New Delhi, India. See Memorandum to Dana Mermelstein,
Program Manager for AD/CVD Operations, Office 6, from Sean Carey, Case
Analyst, AD/CVD Operations, Office 6, ``Verification of the
Questionnaire Responses Submitted by the Government of India,'' dated
August 7, 2009. On May 5 through 8, 2009, the Department verified the
information submitted by the sole respondent in this investigation,
Triveni Safety Matches Pvt. Ltd. (Triveni), at its corporate
headquarters in Mumbai, India. See Memorandum to Dana Mermelstein,
Program Manager for AD/CVD Operations, Office 6, from Sean Carey, Case
Analyst, AD/CVD Operations, Office 6, ``Verification of the
Questionnaire Responses Submitted by Triveni Safety Matches Pvt.
Ltd.,'' dated August 7, 2009. The Department released its briefing
schedule on August 7, 2009, notifying all parties of the deadlines for
submission of case and rebuttal briefs. No case briefs were filed by
any of the interested parties. The memoranda cited above are available
at the Department's Central Records Unit (Room 1117 in the HCHB
Building) (hereafter referred to as ``CRU'').
Scope of the Investigation
The scope of this investigation covers commodity matchbooks, also
known as commodity book matches, paper matches or booklet matches.\1\
Commodity matchbooks typically, but do not necessarily, consist of
twenty match stems which are usually made from paperboard or similar
material tipped with a match head composed of any chemical formula. The
match stems may be stitched, stapled or otherwise fastened into a
matchbook cover of any material, on which a striking strip composed of
any chemical formula has been applied to assist in the ignition
process.
---------------------------------------------------------------------------
\1\ Such commodity matchbooks are also referred to as ``for
resale'' because they always enter into retail channels, meaning
businesses that sell a general variety of tangible merchandise,
e.g., convenience stores, supermarkets, dollar stores, drug stores
and mass merchandisers.
---------------------------------------------------------------------------
Commodity matchbooks included in the scope of this investigation
may or may not contain printing. For example, they may have no printing
other than the identification of the manufacturer or importer.
Commodity matchbooks may also be printed with a generic message such as
``Thank You'' or a generic image such as the American Flag, with store
brands (e.g., Kroger, 7-Eleven, Shurfine or Giant); product brands for
national or regional advertisers such as cigarettes or alcoholic
beverages; or with corporate brands for national or regional
distributors (e.g., Penley Corp. or Diamond Brands). They all enter
retail distribution channels. Regardless of the materials used for the
stems of the matches and regardless of the way the match stems are
fastened to the matchbook cover, all commodity matchbooks are included
in the scope of this investigation. All matchbooks, including commodity
matchbooks, typically comply with the United States Consumer Product
Safety Commission (CPSC) Safety Standard for Matchbooks, codified at 16
CFR Sec. 1202.1 et seq.
The scope of this investigation excludes promotional matchbooks,
often referred to as ``not for resale,'' or ``specialty advertising''
matchbooks, as they do not enter into retail channels and are sold to
businesses that provide hospitality, dining, drinking or entertainment
services to their customers, and are given away by these businesses as
promotional items. Such promotional matchbooks are distinguished by the
physical
[[Page 54548]]
characteristic of having the name and/or logo of a bar, restaurant,
resort, hotel, club, caf[eacute]/coffee shop, grill, pub, eatery,
lounge, casino, barbecue or individual establishment printed
prominently on the matchbook cover. Promotional matchbook cover
printing also typically includes the address and the phone number of
the business or establishment being promoted.\2\ Also excluded are all
other matches that are not fastened into a matchbook cover such as
wooden matches, stick matches, box matches, kitchen matches, pocket
matches, penny matches, household matches, strike-anywhere matches (aka
``SAW'' matches), strike-on-box matches (aka ``SOB'' matches),
fireplace matches, barbeque/grill matches, fire starters, and wax
matches.
---------------------------------------------------------------------------
\2\ The gross distinctions between commodity matchbooks and
promotional matchbooks may be summarized as follows: (1) if it has
no printing, or is printed with a generic message such as ``Thank
You'' or a generic image such as the American Flag, or printed with
national or regional store brands or corporate brands, it is
commodity; (2) if it has printing, and the printing includes the
name of a bar, restaurant, resort, hotel, club, caf[eacute]/coffee
shop, grill, pub, eatery, lounge, casino, barbecue, or individual
establishment prominently displayed on the matchbook cover, it is
promotional.
---------------------------------------------------------------------------
The merchandise subject to this investigation is properly
classified under subheading 3605.00.0060 of the Harmonized Tariff
Schedule of the United States (HTSUS). Subject merchandise may also
enter under subheading 3605.00.0030 of the HTSUS. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise under investigation is
dispositive.
Injury Test
Because India is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Tariff Act of 1930, as amended (the
Act), the International Trade Commission (ITC) is required to
determine, pursuant to section 701(a)(2) of the Act, whether imports of
the subject merchandise from India materially injure, or threaten
material injury to, a United States industry. On December 19, 2008, the
ITC published its preliminary determination that there is a reasonable
indication that an industry in the United States is materially injured
by reason of allegedly subsidized imports from the PRC of subject
merchandise. See Commodity Matchbooks from India; Determinations, 73 FR
77840 (December 19, 2008); and Commodity Matchbooks from India
(Preliminary), USITC Pub. 4054, Inv. Nos. 701-TA-459 and 731-TA 1155
(December 2008).
Analysis of Programs
A complete description and discussion of the programs that the
Department investigated are addressed in the Issues and Decision
Memorandum for the Final Affirmative Countervailing Duty Determination:
Commodity Matchbooks from India, from John M. Andersen, Acting Deputy
Assistant Secretary, to Ronald K. Lorentzen, Acting Assistant
Secretary, dated October 15, 2009 (``Issues and Decision Memorandum'').
Modifications to the calculations based on verification are also
discussed in this memorandum. Parties can find this public memorandum
in the Department's CRU. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly on the internet at
https://ia.ita.doc.gov/frn/. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have
calculated an individual subsidy rate for the company under
investigation, Triveni, below. Section 705(c)(5)(A)(i) of the Act
states that for companies not investigated, we will determine an all
others rate equal to the weighted average countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero and de minimis countervailable subsidy rates, and
any rates determined entirely under section 776 of the Act. As Triveni
was the only exporter/manufacturer under investigation, the all others
rate is based on Triveni's total subsidy rate calculated for this final
determination.
------------------------------------------------------------------------
Exporter/Manufacturer Net Subsidy Rate
------------------------------------------------------------------------
Triveni Safety Matches Pvt. Limited................. 9.88%
All Others.......................................... 9.88%
------------------------------------------------------------------------
In accordance with section 703(d) of the Act, we instructed U.S.
Customs and Border Protection to discontinue the suspension of
liquidation for countervailing duty purposes for subject merchandise
entered on or after August 4, 2009, but to continue the suspension of
liquidation of entries made from April 6, 2009 through August 3, 2009.
We will issue a countervailing duty order and reinstate the
suspension of liquidation under section 706(a) of the Act if the ITC
issues a final affirmative injury determination, and we will require a
cash deposit of estimated countervailing duties for such entries of
merchandise in the amounts indicated above. 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, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and nonproprietary information related to this
investigation. 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 Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an 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.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: October 15, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-25445 Filed 10-21-09; 8:45 am]
BILLING CODE 3510-DS-S