Notice of Final Determination of Sales at Less Than Fair Value: Commodity Matchbooks from India, 54536-54537 [E9-25446]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Pages 54536-54537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25446]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-848]


Notice of Final Determination of Sales at Less Than Fair Value: 
Commodity Matchbooks from India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: We determine that imports of commodity matchbooks are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV), as provided in section 735 of the Tariff Act of 1930, as 
amended (the Act). The estimated margins of sales at LTFV are shown in 
the ``Final Determination'' section of this notice.

EFFECTIVE DATE: October 22, 2009.

FOR FURTHER INFORMATION CONTACT: Holly Phelps or Elizabeth Eastwood, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0656 and (202) 482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2009, the Department published in the Federal Register 
the preliminary determination of sales at LTFV in the antidumping duty 
investigation of commodity matchbooks from India. See Commodity 
Matchbooks from India: Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 74 FR 
26366 (June 2, 2009) (Preliminary Determination).
    In June 2009, we verified the questionnaire responses of the sole 
respondent in this case, Triveni Safety Matches Pvt. Ltd. (Triveni), in 
accordance with section 782(i) of the Act. Although we provided 
interested parties an opportunity to comment on the Preliminary 
Determination and the Department's verification findings, no interested 
party submitted a case brief.

Period of Investigation

    The period of investigation is October 1, 2007, through September 
30, 2008. This period corresponds to the four most recent fiscal 
quarters prior to the month of the filing of the petition.

Scope of 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.
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    \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.
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    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 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.
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    \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.
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    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.

Changes Since the Preliminary Determination

    Based on our findings at verification, we have made certain changes 
to the margin calculations for Triveni. For a discussion of these 
changes, see the October 15, 2009, memorandum from Holly Phelps, 
Analyst, to the File, entitled, ``Calculations Performed for Triveni 
Safety Matches Pvt. Ltd. for the Final Determination in the 2007-2008

[[Page 54537]]

Antidumping Duty Investigation of Commodity Matchbooks from India.'' 
See also the October 15, 2009, memorandum from LaVonne Clark, Senior 
Accountant, to Neal Halper, Director, Office of Accounting, entitled, 
``Constructed Value Calculation Adjustments for the Final Determination 
- Triveni Safety Matches Pvt. Ltd.''

Verification

    As provided in section 782(i) of the Act, we verified the sales and 
cost information submitted by Triveni for use in our final 
determination. We used standard verification procedures including an 
examination of relevant accounting and production records, and original 
source documents provided by Triveni. Our sales and cost verification 
results are outlined in separate verification reports. See the June 24, 
2009, memorandum from Holly Phelps, Analyst, to James P. Maeder, 
Director, Office 2, entitled, ``Verification of the Sales Response of 
Triveni Safety Matches Pvt. Ltd. (Triveni) in the Less-Than-Fair-Value 
Investigation on Commodity Matchbooks from India.'' See also the July 
16, 2009, memorandum from LaVonne Clark, Senior Accountant, to Neal 
Halper, Director, Office of Accounting, entitled, ``Verification of the 
Cost Response of Triveni Safety Matches Pvt., Ltd. in the Antidumping 
Duty Investigation of Commodity Matchbooks from India.''

Continuation of Suspension of Liquidation

    Pursuant to 735(c)(1)(B) of the Act, we will instruct U.S. Customs 
and Border Protection (CBP) to continue to suspend liquidation of all 
entries of subject merchandise from India, entered, or withdrawn from 
warehouse, for consumption on or after June 2, 2009, the date of 
publication of the preliminary determination in the Federal Register. 
CBP shall require a cash deposit or the posting of a bond equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown below, adjusted for export subsidies found in the final 
determination of the companion countervailing duty investigation of 
this merchandise. Specifically, consistent with our practice, where the 
product under investigation is also subject to a concurrent 
countervailing duty investigation, we instruct CBP to require a cash 
deposit or posting of a bond equal to the amount by which the normal 
value exceeds the export price or constructed export price, as 
indicated below, less the amount of the countervailing duty determined 
to constitute an export subsidy. See, e.g., Notice of Final 
Determination of Sales at Less Than Fair Value: Carbazole Violet 
Pigment 23 From India, 69 FR 67306, 67307 (Nov. 17, 2004).
    Accordingly, for cash deposit purposes, we are subtracting from the 
applicable cash deposit rate that portion of the rate attributable to 
the export subsidies found in the affirmative countervailing duty 
determination for each respondent (i.e., 9.88 percent for Triveni, and 
9.88 percent for ``All Others''). After the adjustment for the cash 
deposit rates attributed to export subsidies, the resulting cash 
deposit rates will be 56.19 percent for Triveni and 56.19 percent for 
``All Others.'' These instructions suspending liquidation will remain 
in effect until further notice.
    Final Determination Margins
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                  Producer/Exporter                    Margin (percent)
------------------------------------------------------------------------
Triveni Safety Matches Pvt. Ltd.....................               66.07
All Others..........................................               66.07
------------------------------------------------------------------------

``All Others'' Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``All 
Others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. Triveni is the only respondent in this investigation. 
Therefore, for purposes of determining the ``All Others'' rate and 
pursuant to section 735(c)(5)(A) of the Act, we are using the weighted-
average dumping margin calculated for Triveni, as referenced above. 
See, e.g., Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Sheet and Strip in Coils From Italy, 64 FR 
30750, 30755 (June 8, 1999); and Coated Free Sheet Paper from 
Indonesia: Notice of Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 72 FR 30753, 30757 
(June 4, 2007), unchanged in Notice of Final Determination of Sales at 
Less Than Fair Value: Coated Free Sheet Paper from Indonesia, 72 FR 
60636 (Oct. 25, 2007).

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative, the ITC will determine within 45 
days whether imports of the subject merchandise are causing material 
injury, or threat of material injury, to an industry in the United 
States. If the ITC determines that material injury or threat of injury 
does not exist, the proceeding will be terminated and all securities 
posted will be refunded or canceled. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as the only reminder to parties subject to 
administrative protective order (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 return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: October 15, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-25446 Filed 10-21-09; 8:45 am]
BILLING CODE 3510-DS-S