Commodity Matchbooks From India: Continuation of Antidumping Duty and Countervailing Duty Orders, 24232-24233 [2015-10133]

Download as PDF 24232 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices Dated: April 24, 2015. Andrew McGilvray, Executive Secretary. [FR Doc. 2015–10166 Filed 4–29–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–848 and C–533–849] Commodity Matchbooks From India: Continuation of Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC) in their five year (sunset) reviews that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on commodity matchbooks from India would likely lead to a continuation or recurrence of dumping and a countervailable subsidy, as well as material injury to an industry in the United States, the Department is publishing a notice of continuation for the AD and CVD orders. DATES: Effective Date: April 30, 2015. FOR FURTHER INFORMATION CONTACT: David Crespo (AD), Office II, and Jacqueline Arrowsmith (CVD), Office VII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3693 and (202) 482–5255, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Background On November 3, 2014, the Department initiated sunset reviews on the AD and CVD orders on commodity matchbooks from India pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 As a result of the reviews, the Department found that revocation of the AD order on commodity matchbooks from India would be likely to lead to the continuation or recurrence of dumping, and notified the ITC of the margins of dumping likely to prevail should the order be revoked.2 The Department also found that revocation of the CVD order 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 FR 65186 (November 3, 2014). 2 See Commodity Matchbooks from India: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 80 FR 12801 (March 11, 2015). VerDate Sep<11>2014 17:01 Apr 29, 2015 Jkt 235001 on commodity matchbooks from India would be likely to lead to the continuation or recurrence of a countervailable subsidy, and notified the ITC of the net countervailable subsidy that is likely to prevail should the order be revoked.3 On April 17, 2015, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the AD and CVD orders on commodity matchbooks from India would be likely to lead to the continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 Scope of the Orders The scope of the orders covers commodity matchbooks, also known as commodity book matches, paper matches or booklet matches.5 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 these orders 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 these orders. All matchbooks, including 3 See Commodity Matchbooks from India: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 80 FR 12800 (March 11, 2015) (CVD Final Results). 4 See Commodity Matchbooks from India; Determinations, 80 FR 21263 (April 17, 2015). 5 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. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 these orders 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.6 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, 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 these orders 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 scope of these orders is dispositive.7 Determination As a result of the determinations by the Department and the ITC that revocation of these AD and CVD duty 6 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. 7 The Department inadvertently omitted the HTSUS numbers for the merchandise subject to the CVD Order in the ‘‘Scope of the Order’’ section in the CVD Final Results. However, the complete description of the scope of the Orders is included in this notice, above. E:\FR\FM\30APN1.SGM 30APN1 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices orders would likely lead to the continuation or recurrence of dumping and a countervailable subsidy, as well as 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 AD and CVD orders on commodity matchbooks from India. U.S. Customs and Border Protection will continue to collect AD and CVD 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 these orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next sunset review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. These sunset reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act, and published pursuant to 777(i) of the Act and 19 CFR 351.218(f)(4). Dated: April 24, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–10133 Filed 4–29–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with March anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. DATES: Effective date April 30, 2015. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:01 Apr 29, 2015 Jkt 235001 Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with March anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting time. Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (‘‘POR’’), it must notify the Department within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (‘‘the Act’’). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on the Department’s service list. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the POR. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within seven days of publication of this initiation notice and to make our decision regarding respondent selection within 21 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the applicable review. Rebuttal comments will be due five days after submission of initial comments. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 24233 entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value (‘‘Q&V’’) Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where the Department considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24232-24233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10133]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-848 and C-533-849]


Commodity Matchbooks From India: Continuation of Antidumping Duty 
and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC) in their five year (sunset) reviews that revocation of the 
antidumping duty (AD) and countervailing duty (CVD) orders on commodity 
matchbooks from India would likely lead to a continuation or recurrence 
of dumping and a countervailable subsidy, as well as material injury to 
an industry in the United States, the Department is publishing a notice 
of continuation for the AD and CVD orders.

DATES: Effective Date: April 30, 2015.

FOR FURTHER INFORMATION CONTACT: David Crespo (AD), Office II, and 
Jacqueline Arrowsmith (CVD), Office VII, AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3693 and (202) 482-5255, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 3, 2014, the Department initiated sunset reviews on the 
AD and CVD orders on commodity matchbooks from India pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ As a 
result of the reviews, the Department found that revocation of the AD 
order on commodity matchbooks from India would be likely to lead to the 
continuation or recurrence of dumping, and notified the ITC of the 
margins of dumping likely to prevail should the order be revoked.\2\ 
The Department also found that revocation of the CVD order on commodity 
matchbooks from India would be likely to lead to the continuation or 
recurrence of a countervailable subsidy, and notified the ITC of the 
net countervailable subsidy that is likely to prevail should the order 
be revoked.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 65186 
(November 3, 2014).
    \2\ See Commodity Matchbooks from India: Final Results of the 
Expedited First Sunset Review of the Antidumping Duty Order, 80 FR 
12801 (March 11, 2015).
    \3\ See Commodity Matchbooks from India: Final Results of 
Expedited Sunset Review of the Countervailing Duty Order, 80 FR 
12800 (March 11, 2015) (CVD Final Results).
---------------------------------------------------------------------------

    On April 17, 2015, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the AD and 
CVD orders on commodity matchbooks from India would be likely to lead 
to the continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \4\ See Commodity Matchbooks from India; Determinations, 80 FR 
21263 (April 17, 2015).
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Scope of the Orders

    The scope of the orders covers commodity matchbooks, also known as 
commodity book matches, paper matches or booklet matches.\5\ 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.
---------------------------------------------------------------------------

    \5\ 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 these orders 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 these orders. 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 these orders 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.\6\ 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.
---------------------------------------------------------------------------

    \6\ 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 these orders 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 scope of these orders is dispositive.\7\
---------------------------------------------------------------------------

    \7\ The Department inadvertently omitted the HTSUS numbers for 
the merchandise subject to the CVD Order in the ``Scope of the 
Order'' section in the CVD Final Results. However, the complete 
description of the scope of the Orders is included in this notice, 
above.
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Determination

    As a result of the determinations by the Department and the ITC 
that revocation of these AD and CVD duty

[[Page 24233]]

orders would likely lead to the continuation or recurrence of dumping 
and a countervailable subsidy, as well as 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 AD and CVD 
orders on commodity matchbooks from India. U.S. Customs and Border 
Protection will continue to collect AD and CVD 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 these orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next sunset review of these orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    These sunset reviews and this notice are in accordance with 
sections 751(c) and 751(d)(2) of the Act, and published pursuant to 
777(i) of the Act and 19 CFR 351.218(f)(4).

    Dated: April 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-10133 Filed 4-29-15; 8:45 am]
 BILLING CODE 3510-DS-P