Folding Gift Boxes From the People's Republic of China: Final Results of the Second Sunset Review and Continuation of the Antidumping Duty Order, 14269-14270 [2013-05055]

Download as PDF Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14. Normal Value. 15. Factor Valuations. 16. Currency Conversion. 17. Adjustment Under Section 777A(f) of the Act. 18. Conclusion. [FR Doc. 2013–05042 Filed 3–4–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–866] Folding Gift Boxes From the People’s Republic of China: Final Results of the Second Sunset Review and Continuation of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 26, 2012, the Department of Commerce (the ‘‘Department’’) published the preliminary results of the second sunset review of the antidumping duty order on folding gift boxes from the People’s Republic of China (‘‘PRC’’). We gave interested parties an opportunity to comment on the preliminary results. The Folding Gift Boxes Fair Trade Coalition (‘‘Domestic Parties’’) 1 filed comments in support of the Department’s preliminary results and no other party submitted comments. Further, as a result of the determinations by the Department and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order. DATES: Effective Date: March 5, 2013. FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2623. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: Background On October 26, 2012, the Department published the preliminary results 2 of 1 The Folding Gift Boxes Fair Trade Coalition is comprised of Harvard Folding Gift Box Company, Inc. and Graphic Packaging International, Inc., both U.S. producers of folding gift boxes. 2 See Folding Gift Boxes From the People’s Republic of China: Preliminary Results of the VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 the second sunset review on the antidumping duty order 3 on folding gift boxes from the PRC. We invited interested parties to comment on the Preliminary Results. Domestic Parties filed comments in support of the Department’s Preliminary Results and no other party submitted comments. Due to the complex issues discussed in the Preliminary Results, the Department has conducted a full sunset review pursuant to section 75l(c)(5)(C) of the Tariff Act of 1930, as amended (‘‘the Act’’). On December 10, 2012, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the Order would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 Scope of the Order The products covered by the order are certain folding gift boxes. Folding gift boxes are a type of folding or knockdown carton manufactured from paper or paperboard. Folding gift boxes are produced from a variety of recycled and virgin paper or paperboard materials, including, but not limited to, claycoated paper or paperboard and kraft (bleached or unbleached) paper or paperboard. The scope of the order excludes gift boxes manufactured from paper or paperboard of a thickness of more than 0.8 millimeters, corrugated paperboard, or paper mache. The scope also excludes those gift boxes for which no side of the box, when assembled, is at least nine inches in length. Folding gift boxes included in the scope are typically decorated with a holiday motif using various processes, including printing, embossing, debossing, and foil stamping, but may also be plain white or printed with a single color. The subject merchandise includes folding gift boxes, with or without handles, whether finished or unfinished, and whether in one-piece or multi-piece configuration. One-piece gift boxes are die-cut or otherwise formed so that the top, bottom, and sides form a single, contiguous unit. Two-piece gift boxes are those with a folded bottom and a folded top as separate pieces. Folding gift boxes are generally packaged in shrink-wrap, cellophane, or other packaging Second Sunset Review of the Antidumping Duty Order, 77 FR 65361 (October 26, 2012) (‘‘Preliminary Results’’). 3 See Notice of Antidumping Duty Order: Certain Folding Gift Boxes From the People’s Republic of China, 67 FR 864 (January 8, 2002) (‘‘Order’’). 4 See Folding Gift Boxes from China: Investigation No. 731–TA–921 (Second Review), USITC Publication 4365 (November 2012). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 14269 materials, in single or multi-box packs for sale to the retail customer. The scope excludes folding gift boxes that have a retailer’s name, logo, trademark or similar company information printed prominently on the box’s top exterior (such folding gift boxes are often known as ‘‘not-for-resale’’ gift boxes or ‘‘giveaway’’ gift boxes and may be provided by department and specialty stores at no charge to their retail customers). The scope of the order also excludes folding gift boxes where both the outside of the box is a single color and the box is not packaged in shrink-wrap, cellophane, other resin-based packaging films, or paperboard. Imports of the subject merchandise are classified under Harmonized Tariff Schedules of the United States (‘‘HTSUS’’) subheadings 4819.20.0040 and 4819.50.4060. These subheadings also cover products that are outside the scope of the order. Furthermore, although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Final Determination of Likelihood of Continuation or Recurrence of Dumping In the Preliminary Results, the Department preliminarily determined that dumping would likely continue or recur if the Order were revoked, because the Department found dumping above de minimis levels in the investigation segment of this proceeding, and we determined that folding gift box imports from the PRC have been increasing in volume during the period of this sunset review. Thus, since issuance of the Order, dumping has continued at rates exceeding de minimis levels, which suggests that dumping is likely to continue if the Order is revoked. As stated above, Domestic Parties submitted comments in support of our Preliminary Results, and we did not receive comment from any respondent interested party. Therefore, for the reasons explained in the Preliminary Results, we continue to determine dumping would likely continue or recur if the Order were revoked. Final Determination of Magnitude of the Dumping Margin Likely To Prevail In the Preliminary Results, the Department noted that section 752(c)(3) of the Act provides that the administering authority shall provide to the ITC the magnitude of the margin of dumping that is likely to prevail if the order were revoked. While normally, the Department will select a margin from the final determination in the investigation because that is the only E:\FR\FM\05MRN1.SGM 05MRN1 14270 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices calculated rate that reflects the behavior of exporters without the discipline of an order or suspension agreement in place, under certain circumstances, the Department may select a more recently calculated rate to report to the ITC. Thus, we determined that the margins likely to prevail were the order revoked would be above de minimis. As stated above, Domestic Parties submitted comments in support of our Preliminary Results, and we did not receive comments from any respondent interested party. Therefore, for the reasons explained in the Preliminary Results, we continue to determine that the margins likely to prevail were the Order revoked would be above de minimis. Final Results of Sunset Review Pursuant to section 751(c) of the Act, the Department determines that revocation of the Order on folding gift boxes from the PRC would likely lead to continuation or recurrence of dumping at the rate listed below: for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of final results and continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. We are issuing and publishing these results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: February 25, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–05055 Filed 3–4–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–822] Exporter All exporters 5 ............ Weighted-average margin Above de minimis. Stainless Steel Sheet and Strip in Coils From Mexico: Notice of Settlement of NAFTA Proceedings Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is announcing the settlement of proceedings before five separate North American Free Trade Agreement (NAFTA) binational dispute settlement panels. DATES: Effective Date: March 5, 2013. FOR FURTHER INFORMATION CONTACT: Mykhaylo Gryzlov, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0833. SUPPLEMENTARY INFORMATION: AGENCY: emcdonald on DSK67QTVN1PROD with NOTICES Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or 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. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the Order on folding gift boxes from the PRC would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on folding gift boxes from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry 5 Max Fortune Industrial Ltd. was excluded from the Order. See Order. VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 Background On July 27, 1999, the Department published the antidumping duty order on stainless steel sheet and strip in coils from Mexico (SSSS from Mexico). See Stainless Steel Sheet and Strip in Coils from Mexico, 64 FR 40560 (July 27, 1999) (notice of amended LTFV determination and antidumping duty order) (Order). Since the Order was issued, ThyssenKrupp Mexinox S.A. de C.V. and Mexinox USA, Inc. (together, Mexinox) have challenged various aspects of five administrative reviews 1 1 Stainless Steel Sheet and Strip in Coils from Mexico, 71 FR 76978 (December 22, 2006) (admin. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 of the Order before NAFTA panels.2 On August 10, 2011, the Department revoked the Order, effective July 25, 2010, as a result of a sunset review. See Stainless Steel Sheet and Strip in Coils from Germany, Italy and Mexico, 76 FR 49450 (August 10, 2011) (revocation of the antidumping duty orders). As a result of this revocation, the Department instructed Customs and Border Protection (CBP) to terminate the suspension of liquidation and collection of cash deposits of the subject merchandise entered or withdrawn from warehouse on or after July 25, 2010. On September 20, 2012, the Department and Mexinox entered into a Settlement Agreement that fully resolves all pending NAFTA disputes brought by Mexinox. Pursuant to this settlement of litigation, the Department and Mexinox agreed to a termination of the following cases (collectively, the five NAFTA disputes): 1. In the Matter of Stainless Steel Sheet and Strip in Coils from Mexico: Final Results of the 2004–2005 Antidumping Duty Administrative Review, Secretariat File No. USA–MEX– 2007–1904–01; 2. In the Matter of Stainless Steel Sheet and Strip in Coils from Mexico: Final Results of the 2005–2006 Antidumping Duty Administrative Review, Secretariat File No. USA–MEX– 2008–1904–01; 3. In the Matter of Stainless Steel Sheet and Strip in Coils from Mexico: Final Results of the 2006–2007 Antidumping Duty Administrative Review, Secretariat File No. USA–MEX– 2009–1904–02; 4. In the Matter of Stainless Steel Sheet and Strip in Coils from Mexico: Final Results of the 2007–2008 Antidumping Duty Administrative Review, Secretariat File No. USA–MEX– 2010–1904–01; 5. In the Matter of Stainless Steel Sheet and Strip in Coils from Mexico: Final Results of the 2008–2009 review); Stainless Steel Sheet and Strip in Coils from Mexico, 73 FR 7710 (February 11, 2008) (admin. review), as amended by 73 FR 14215 (March 17, 2008); Stainless Steel Sheet and Strip in Coils from Mexico, 74 FR 6365 (February 9, 2009); Stainless Steel Sheet and Strip in Coils from Mexico, 75 FR 6627 (February 10, 2010) (admin. review), as amended by 75 FR 17122 (April 05, 2010); Stainless Steel Sheet and Strip in Coils from Mexico, 76 FR 2332 (January 13, 2011) (admin. review), as amended by 76 FR 76 FR 9542 (February 18, 2011). 2 Allegheny Ludlum Corporation, North American Stainless, and AK Steel Corporation (collectively, the domestic industry or petitioners) challenged certain aspects of the final results of Stainless Steel Sheet and Strip in Coils from Mexico, 71 FR 76978 (December 22, 2006) (admin. review). On April 14, 2010, the NAFTA panel affirmed the final results with respect to all aspects challenged by petitioners. E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14269-14270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05055]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-866]


Folding Gift Boxes From the People's Republic of China: Final 
Results of the Second Sunset Review and Continuation of the Antidumping 
Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On October 26, 2012, the Department of Commerce (the 
``Department'') published the preliminary results of the second sunset 
review of the antidumping duty order on folding gift boxes from the 
People's Republic of China (``PRC''). We gave interested parties an 
opportunity to comment on the preliminary results. The Folding Gift 
Boxes Fair Trade Coalition (``Domestic Parties'') \1\ filed comments in 
support of the Department's preliminary results and no other party 
submitted comments. Further, as a result of the determinations by the 
Department and the International Trade Commission (``ITC'') that 
revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of the antidumping duty order.
---------------------------------------------------------------------------

    \1\ The Folding Gift Boxes Fair Trade Coalition is comprised of 
Harvard Folding Gift Box Company, Inc. and Graphic Packaging 
International, Inc., both U.S. producers of folding gift boxes.

---------------------------------------------------------------------------
DATES: Effective Date: March 5, 2013.

FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2623.

SUPPLEMENTARY INFORMATION:

Background

    On October 26, 2012, the Department published the preliminary 
results \2\ of the second sunset review on the antidumping duty order 
\3\ on folding gift boxes from the PRC. We invited interested parties 
to comment on the Preliminary Results. Domestic Parties filed comments 
in support of the Department's Preliminary Results and no other party 
submitted comments. Due to the complex issues discussed in the 
Preliminary Results, the Department has conducted a full sunset review 
pursuant to section 75l(c)(5)(C) of the Tariff Act of 1930, as amended 
(``the Act'').
---------------------------------------------------------------------------

    \2\ See Folding Gift Boxes From the People's Republic of China: 
Preliminary Results of the Second Sunset Review of the Antidumping 
Duty Order, 77 FR 65361 (October 26, 2012) (``Preliminary 
Results'').
    \3\ See Notice of Antidumping Duty Order: Certain Folding Gift 
Boxes From the People's Republic of China, 67 FR 864 (January 8, 
2002) (``Order'').
---------------------------------------------------------------------------

    On December 10, 2012, the ITC determined, pursuant to section 
751(c) of the Act, that revocation of the Order would likely lead to a 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \4\ See Folding Gift Boxes from China: Investigation No. 731-TA-
921 (Second Review), USITC Publication 4365 (November 2012).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are certain folding gift boxes. 
Folding gift boxes are a type of folding or knock-down carton 
manufactured from paper or paperboard. Folding gift boxes are produced 
from a variety of recycled and virgin paper or paperboard materials, 
including, but not limited to, clay-coated paper or paperboard and 
kraft (bleached or unbleached) paper or paperboard. The scope of the 
order excludes gift boxes manufactured from paper or paperboard of a 
thickness of more than 0.8 millimeters, corrugated paperboard, or paper 
mache. The scope also excludes those gift boxes for which no side of 
the box, when assembled, is at least nine inches in length.
    Folding gift boxes included in the scope are typically decorated 
with a holiday motif using various processes, including printing, 
embossing, debossing, and foil stamping, but may also be plain white or 
printed with a single color. The subject merchandise includes folding 
gift boxes, with or without handles, whether finished or unfinished, 
and whether in one-piece or multi-piece configuration. One-piece gift 
boxes are die-cut or otherwise formed so that the top, bottom, and 
sides form a single, contiguous unit. Two-piece gift boxes are those 
with a folded bottom and a folded top as separate pieces. Folding gift 
boxes are generally packaged in shrink-wrap, cellophane, or other 
packaging materials, in single or multi-box packs for sale to the 
retail customer. The scope excludes folding gift boxes that have a 
retailer's name, logo, trademark or similar company information printed 
prominently on the box's top exterior (such folding gift boxes are 
often known as ``not-for-resale'' gift boxes or ``give-away'' gift 
boxes and may be provided by department and specialty stores at no 
charge to their retail customers). The scope of the order also excludes 
folding gift boxes where both the outside of the box is a single color 
and the box is not packaged in shrink-wrap, cellophane, other resin-
based packaging films, or paperboard.
    Imports of the subject merchandise are classified under Harmonized 
Tariff Schedules of the United States (``HTSUS'') subheadings 
4819.20.0040 and 4819.50.4060. These subheadings also cover products 
that are outside the scope of the order. Furthermore, although the 
HTSUS subheadings are provided for convenience and customs purposes, 
our written description of the scope of the order is dispositive.

Final Determination of Likelihood of Continuation or Recurrence of 
Dumping

    In the Preliminary Results, the Department preliminarily determined 
that dumping would likely continue or recur if the Order were revoked, 
because the Department found dumping above de minimis levels in the 
investigation segment of this proceeding, and we determined that 
folding gift box imports from the PRC have been increasing in volume 
during the period of this sunset review. Thus, since issuance of the 
Order, dumping has continued at rates exceeding de minimis levels, 
which suggests that dumping is likely to continue if the Order is 
revoked.
    As stated above, Domestic Parties submitted comments in support of 
our Preliminary Results, and we did not receive comment from any 
respondent interested party. Therefore, for the reasons explained in 
the Preliminary Results, we continue to determine dumping would likely 
continue or recur if the Order were revoked.

Final Determination of Magnitude of the Dumping Margin Likely To 
Prevail

    In the Preliminary Results, the Department noted that section 
752(c)(3) of the Act provides that the administering authority shall 
provide to the ITC the magnitude of the margin of dumping that is 
likely to prevail if the order were revoked. While normally, the 
Department will select a margin from the final determination in the 
investigation because that is the only

[[Page 14270]]

calculated rate that reflects the behavior of exporters without the 
discipline of an order or suspension agreement in place, under certain 
circumstances, the Department may select a more recently calculated 
rate to report to the ITC. Thus, we determined that the margins likely 
to prevail were the order revoked would be above de minimis. As stated 
above, Domestic Parties submitted comments in support of our 
Preliminary Results, and we did not receive comments from any 
respondent interested party. Therefore, for the reasons explained in 
the Preliminary Results, we continue to determine that the margins 
likely to prevail were the Order revoked would be above de minimis.

Final Results of Sunset Review

    Pursuant to section 751(c) of the Act, the Department determines 
that revocation of the Order on folding gift boxes from the PRC would 
likely lead to continuation or recurrence of dumping at the rate listed 
below:

------------------------------------------------------------------------
                 Exporter                      Weighted-average margin
------------------------------------------------------------------------
All exporters \5\.........................  Above de minimis.
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \5\ Max Fortune Industrial Ltd. was excluded from the Order. See 
Order.
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or 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.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the Order on folding gift boxes from the PRC would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, the Department hereby orders the continuation of 
the antidumping duty order on folding gift boxes from the PRC. U.S. 
Customs and Border Protection will continue to collect antidumping duty 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the Order will be the date of publication in the Federal Register of 
this notice of final results and continuation. Pursuant to section 
751(c)(2) of the Act, the Department intends to initiate the next five-
year review of the Order not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: February 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05055 Filed 3-4-13; 8:45 am]
BILLING CODE 3510-DS-P