Commodity Matchbooks from India: Countervailing Duty Order, 65740-65741 [E9-29571]

Download as PDF 65740 Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–533–849] Commodity Matchbooks from India: Countervailing Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (ITC), the Department is issuing a countervailing duty order on commodity matchbooks from India. EFFECTIVE DATE: December 11, 2009. FOR FURTHER INFORMATION CONTACT: Andrew Huston 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) 482–4261 and (202) 482–1391, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on October 22, 2009, the Department published its final determination in the countervailing duty investigation of commodity matchbooks from India. See Commodity Matchbooks From India: Final Affirmative Countervailing Duty Determination, 74 FR 54547 (October 22, 2009). On December 4, 2009, the ITC notified the Department of its final determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise from India. See Commodity Matchbooks from India, USITC Pub. 4090, Investigation Nos. 701–TA–459 and 731–TA–1155 (Final) (November 2009). jlentini on DSKJ8SOYB1PROD with NOTICES Scope of the Order The scope of this order covers commodity matchbooks, also known as commodity book matches, paper matches or booklet matches.1Commodity matchbooks typically, but do not necessarily, consist of twenty match stems which are 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. VerDate Nov<24>2008 17:33 Dec 10, 2009 Jkt 220001 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 order 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 order 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, 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 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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, strikeanywhere 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 order 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 subject to this order is dispositive. Countervailing Duty Order On December 4, 2009, the ITC notified the Department of its final determination, made pursuant to section 705(b)(1)(A)(i) of the Act, that an industry in the United States is materially injured as a result of subsidized imports of commodity matchbooks from India. As a result of the ITC’s final determination, in accordance with section 706(a) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, countervailing duties on all unliquidated entries of commodity matchbooks from India entered, or withdrawn from warehouse, for consumption on or after April 6, 2009, the date on which the Department published its preliminary affirmative countervailing duty determination in the Federal Register 3, and before August 4, 2009, the date on which the Department instructed CBP to discontinue the suspension of liquidation in accordance with section 703(d) of the Act. Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary countervailing duty determination may not remain in effect for more than four months. Entries of commodity matchbooks made on or after August 4, 2009, and prior to the date of publication of the ITC’s final determination in the Federal Register, are not liable for the assessment of countervailing duties, due to the individual establishment prominently displayed on the matchbook cover, it is promotional. 3 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). E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES Department’s discontinuation, effective August 4, 2009, of the suspension of liquidation. In accordance with section 706 of the Act, the Department will direct CBP to reinstitute the suspension of liquidation for commodity matchbooks from India, effective the date of publication of the ITC’s notice of final determination in the Federal Register, and to assess, upon further advice by the Department, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in the amount of the net countervailable subsidy rates for the subject merchandise. 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 duties on this merchandise, a cash deposit equal to the rates noted below: ACTION: Notification of standard prices and fee percentage. SUMMARY: NMFS publishes individual fishing quota (IFQ) standard prices for the IFQ cost recovery program in the halibut and sablefish fisheries of the North Pacific. This action is intended to provide holders of halibut and sablefish IFQ permits with the 2009 standard prices and fee percentage to calculate the required payment for IFQ cost recovery fees due by January 31, 2010. DATES: Effective December 11, 2009. FOR FURTHER INFORMATION CONTACT: Troie Zuniga, Fee Coordinator, 907– 586–7231. SUPPLEMENTARY INFORMATION: Background NMFS Alaska Region administers the halibut and sablefish individual fishing quota (IFQ) programs in the North Pacific. The IFQ programs are limited Exporter/Manufacturer Net Subsidy Rate access systems authorized by the Magnuson-Stevens Fishery Triveni Safety Matches Pvt. Limited ............... 9.88% Conservation and Management Act All Others ...................... 9.88% (Magnuson-Stevens Act) and the Northern Pacific Halibut Act of 1982. Fishing under the IFQ programs began This notice constitutes the in March 1995. Regulations countervailing duty order with respect implementing the IFQ program are set to commodity matchbooks from India forth at 50 CFR part 679. pursuant to section 706(a) of the Act. In 1996, the Magnuson-Stevens Act Interested parties may contact the was amended to, among other things, Department’s Central Records Unit, require the Secretary of Commerce to Room 1117 of the main Commerce building, for copies of an updated list of ‘‘collect a fee to recover the actual costs directly related to the management and countervailing duty orders currently in enforcement of any individual quota effect. program.’’ This requirement was further This countervailing duty order is amended in 2006 to include collection issued and published in accordance of the actual costs of data collection, with sections 705(c)(2), 706(a) and and to replace the reference to 777(i)(1) of the Act, and 19 CFR ‘‘individual quota program’’ with a more 351.211. general reference to ‘‘limited access Dated: December 7, 2009. privilege program’’ at section Carole A. Showers, 304(d)(2)(A). This section of the Acting Deputy Assistant Secretary for Import Magnuson-Stevens Act also specifies an Administration. upper limit on these fees, when the fees [FR Doc. E9–29571 Filed 12–10–09; 8:45 am] must be collected, and where the fees BILLING CODE 3510–DS–S must be deposited. On March 20, 2000, NMFS published regulations implementing the IFQ cost DEPARTMENT OF COMMERCE recovery program (65 FR 14919), which are set forth at § 679.45. Under the National Oceanic and Atmospheric regulations, an IFQ permit holder incurs Administration a cost recovery fee liability for every pound of IFQ halibut and IFQ sablefish RIN 0648–XS16 that is landed on his or her IFQ permit(s). The IFQ permit holder is Fisheries of the Exclusive Economic responsible for self-collecting the fee Zone Off Alaska; North Pacific Halibut and Sablefish Individual Fishing Quota liability for all IFQ halibut and IFQ sablefish landings on his or her Cost Recovery Programs permit(s). The IFQ permit holder is also AGENCY: National Marine Fisheries responsible for submitting a fee liability Service (NMFS), National Oceanic and payment to NMFS on or before the due Atmospheric Administration (NOAA), date of January 31 of the year following Commerce. the year in which the IFQ landings were VerDate Nov<24>2008 17:33 Dec 10, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 65741 made. The dollar amount of the fee due is determined by multiplying the annual IFQ fee percentage (3 percent or less) by the ex-vessel value of all IFQ landings made on a permit and summing the totals of each permit (if more than one). Standard Prices The fee liability is based on the sum of all payments made to fishermen for the sale of the fish during the year. This includes any retro-payments (e.g., bonuses, delayed partial payments, post-season payments) made to the IFQ permit holder for previously landed IFQ halibut or sablefish. For purposes of calculating IFQ cost recovery fees, NMFS distinguishes between two types of ex-vessel value: actual and standard. Actual ex-vessel value is the amount of all compensation, monetary or non-monetary, that an IFQ permit holder received as payment for his or her IFQ fish sold. Standard exvessel value is the default value on which to base fee liability calculations. IFQ permit holders have the option of using actual ex-vessel value if they can satisfactorily document it; otherwise the standard ex-vessel value is used. Regulations at § 679.45(c)(2)(i) require the Regional Administrator to publish IFQ standard prices during the last quarter of each calendar year. These standard prices are used, along with estimates of IFQ halibut and IFQ sablefish landings, to calculate standard values. The standard prices are described in U.S. dollars per IFQ equivalent pound for IFQ halibut and IFQ sablefish landings made during the year. IFQ equivalent pound(s) is the weight (in pounds) for an IFQ landing, calculated as the round weight for sablefish and headed and gutted net weight for halibut. NMFS calculates the standard prices to closely reflect the variations in the actual ex-vessel values of IFQ halibut and IFQ sablefish landings by month and port or portgroup. The standard prices for IFQ halibut and IFQ sablefish are listed in the tables that follow the next section. Data from ports are combined as necessary to protect confidentiality. Fee Percentage Section 304(d)(2)(B) of the MagnusonStevens Act specifies a maximum fee of 3 percent of the ex-vessel value of fish harvested under an IFQ Program. NMFS annually sets a fee percentage for sablefish and halibut IFQ holders that is based on the actual annual costs associated with certain management and enforcement functions, as well as the standard ex-vessel value of the catch subject to the IFQ fee for the current year. The method used by NMFS to E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65740-65741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29571]



[[Page 65740]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-849]


Commodity Matchbooks from India: Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the U.S. International Trade Commission 
(ITC), the Department is issuing a countervailing duty order on 
commodity matchbooks from India.

EFFECTIVE DATE: December 11, 2009.

FOR FURTHER INFORMATION CONTACT: Andrew Huston or Dana Mermelstein, AD/
CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4261 and (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on October 22, 2009, the Department published its 
final determination in the countervailing duty investigation of 
commodity matchbooks from India. See Commodity Matchbooks From India: 
Final Affirmative Countervailing Duty Determination, 74 FR 54547 
(October 22, 2009). On December 4, 2009, the ITC notified the 
Department of its final determination, pursuant to section 
705(b)(1)(A)(i) of the Act, that an industry in the United States is 
materially injured by reason of subsidized imports of subject 
merchandise from India. See Commodity Matchbooks from India, USITC Pub. 
4090, Investigation Nos. 701-TA-459 and 731-TA-1155 (Final) (November 
2009).

Scope of the Order

    The scope of this order 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 order 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 order 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.
---------------------------------------------------------------------------

    \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 order 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 subject to this order is dispositive.

Countervailing Duty Order

    On December 4, 2009, the ITC notified the Department of its final 
determination, made pursuant to section 705(b)(1)(A)(i) of the Act, 
that an industry in the United States is materially injured as a result 
of subsidized imports of commodity matchbooks from India. As a result 
of the ITC's final determination, in accordance with section 706(a) of 
the Act, the Department will direct U.S. Customs and Border Protection 
(CBP) to assess, upon further instruction by the Department, 
countervailing duties on all unliquidated entries of commodity 
matchbooks from India entered, or withdrawn from warehouse, for 
consumption on or after April 6, 2009, the date on which the Department 
published its preliminary affirmative countervailing duty determination 
in the Federal Register \3\, and before August 4, 2009, the date on 
which the Department instructed CBP to discontinue the suspension of 
liquidation in accordance with section 703(d) of the Act. Section 
703(d) of the Act states that the suspension of liquidation pursuant to 
a preliminary countervailing duty determination may not remain in 
effect for more than four months. Entries of commodity matchbooks made 
on or after August 4, 2009, and prior to the date of publication of the 
ITC's final determination in the Federal Register, are not liable for 
the assessment of countervailing duties, due to the

[[Page 65741]]

Department's discontinuation, effective August 4, 2009, of the 
suspension of liquidation.
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    \3\ 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).
---------------------------------------------------------------------------

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation for commodity 
matchbooks from India, effective the date of publication of the ITC's 
notice of final determination in the Federal Register, and to assess, 
upon further advice by the Department, pursuant to section 706(a)(1) of 
the Act, countervailing duties for each entry of the subject 
merchandise in the amount of the net countervailable subsidy rates for 
the subject merchandise. 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 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

------------------------------------------------------------------------
                Exporter/Manufacturer                  Net Subsidy Rate
------------------------------------------------------------------------
Triveni Safety Matches Pvt. Limited.................        9.88[percnt]
All Others..........................................        9.88[percnt]
------------------------------------------------------------------------

    This notice constitutes the countervailing duty order with respect 
to commodity matchbooks from India pursuant to section 706(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room 1117 of the main Commerce building, for copies of an updated 
list of countervailing duty orders currently in effect.
    This countervailing duty order is issued and published in 
accordance with sections 705(c)(2), 706(a) and 777(i)(1) of the Act, 
and 19 CFR 351.211.

    Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29571 Filed 12-10-09; 8:45 am]
BILLING CODE 3510-DS-S