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