Certain Paper Clips From the People's Republic of China: Final Results of Expedited Fourth Sunset Review of Antidumping Duty Order, 69512 [2016-24245]

Download as PDF 69512 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–826] Certain Paper Clips From the People’s Republic of China: Final Results of Expedited Fourth Sunset Review of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (the Department) finds that revocation of the antidumping duty order on certain paper clips (paper clips) from the People’s Republic of China (PRC) would be likely to lead to continuation or recurrence of dumping at the levels identified in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective September 29, 2016. FOR FURTHER INFORMATION CONTACT: Maliha Khan, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0895. SUPPLEMENTARY INFORMATION: On November 25, 1994, the Department published the notice of the antidumping duty order on paper clips from the PRC.1 On June 1, 2016, the Department published the notice of initiation of the fourth sunset review of the AD Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On June 16, 2016, the Department received a notice of intent to participate in this review from ACCO Brands USA LLC (ACCO), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 ACCO claimed interested party status under section 771(9)(C) of the Act as a manufacturer in the United States of a domestic like product. On July 1, 2016, the Department received a complete and adequate substantive response from ACCO within 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 The sradovich on DSK3GMQ082PROD with NOTICES AGENCY: 1 See Antidumping Duty Order: Certain Paper Clips From the People’s Republic of China, 59 FR 60606 (November 25, 1994) (AD Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 FR 34974 (June 1, 2016). 3 See Letter from ACCO to the Department, ‘‘Paper Clips from the People’s Republic of China: Five-Year (‘‘Sunset’’) Review of Antidumping Duty Order (4th Review): Notice of Intent to Participate’’ (June 16, 2016). 4 See Letter from ACCO to the Department, ‘‘Paper Clips from the People’s Republic of China: Five-Year Review of Antidumping Duty Order (4th Sunset Review), Case No. A–570–826; Substantive Response of ACCO Brands USA LLC’’ (July 1, 2016). VerDate Sep<11>2014 18:46 Oct 05, 2016 Jkt 241001 Department received no substantive responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the AD Order. Scope of the Order The products covered by the order are certain paper clips, wholly of wire of base metal, whether or not galvanized, whether or not plated with nickel or other base metal (e.g., copper), with a wire diameter between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), regardless of physical configuration, except as specifically excluded. The products subject to the order may have a rectangular or ring-like shape and include, but are not limited to, clips commercially referred to as No. 1 clips, No. 3 clips, Jumbo or Giant clips, Gem clips, Frictioned clips, Perfect Gems, Marcel Gems, Universal clips, Nifty clips, Peerless clips, Ring clips, and Glide-On clips. The products subject to the order are currently classifiable under subheading 8305.90.3010 of the Harmonized Tariff Schedule of the United States (HTSUS). Specifically excluded from the scope of the order are plastic and vinyl covered paper clips, butterfly clips, binder clips, or other paper fasteners that are not made wholly of wire of base metal and are covered under a separate subheading of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received A complete discussion of all issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation of the AD Order and the magnitude of the margins likely to prevail if the order were revoked, is provided in the accompanying Issues and Decision Memorandum,5 which is hereby adopted by this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// 5 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Paper Clips from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00004 Fmt 4703 Sfmt 9990 access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, the Department determines that revocation of the AD Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average margins up to 126.94 percent. Notification to Interested Parties This notice 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 written 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. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 CFR 351.218, and 19 CFR 351.221(c)(5)(ii). Dated: September 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely To Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2016–24245 Filed 10–5–16; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Page 69512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24245]



[[Page 69512]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-826]


Certain Paper Clips From the People's Republic of China: Final 
Results of Expedited Fourth Sunset Review of Antidumping Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(the Department) finds that revocation of the antidumping duty order on 
certain paper clips (paper clips) from the People's Republic of China 
(PRC) would be likely to lead to continuation or recurrence of dumping 
at the levels identified in the ``Final Results of Review'' section of 
this notice.

DATES: Effective September 29, 2016.

FOR FURTHER INFORMATION CONTACT: Maliha Khan, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0895.

SUPPLEMENTARY INFORMATION: On November 25, 1994, the Department 
published the notice of the antidumping duty order on paper clips from 
the PRC.\1\ On June 1, 2016, the Department published the notice of 
initiation of the fourth sunset review of the AD Order, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On 
June 16, 2016, the Department received a notice of intent to 
participate in this review from ACCO Brands USA LLC (ACCO), a domestic 
interested party, within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ ACCO claimed interested party status under section 
771(9)(C) of the Act as a manufacturer in the United States of a 
domestic like product. On July 1, 2016, the Department received a 
complete and adequate substantive response from ACCO within 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ The Department 
received no substantive responses from respondent interested parties. 
As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of the AD Order.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Certain Paper Clips From the 
People's Republic of China, 59 FR 60606 (November 25, 1994) (AD 
Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 34974 
(June 1, 2016).
    \3\ See Letter from ACCO to the Department, ``Paper Clips from 
the People's Republic of China: Five-Year (``Sunset'') Review of 
Antidumping Duty Order (4th Review): Notice of Intent to 
Participate'' (June 16, 2016).
    \4\ See Letter from ACCO to the Department, ``Paper Clips from 
the People's Republic of China: Five-Year Review of Antidumping Duty 
Order (4th Sunset Review), Case No. A-570-826; Substantive Response 
of ACCO Brands USA LLC'' (July 1, 2016).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are certain paper clips, wholly 
of wire of base metal, whether or not galvanized, whether or not plated 
with nickel or other base metal (e.g., copper), with a wire diameter 
between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), 
regardless of physical configuration, except as specifically excluded. 
The products subject to the order may have a rectangular or ring-like 
shape and include, but are not limited to, clips commercially referred 
to as No. 1 clips, No. 3 clips, Jumbo or Giant clips, Gem clips, 
Frictioned clips, Perfect Gems, Marcel Gems, Universal clips, Nifty 
clips, Peerless clips, Ring clips, and Glide-On clips. The products 
subject to the order are currently classifiable under subheading 
8305.90.3010 of the Harmonized Tariff Schedule of the United States 
(HTSUS).
    Specifically excluded from the scope of the order are plastic and 
vinyl covered paper clips, butterfly clips, binder clips, or other 
paper fasteners that are not made wholly of wire of base metal and are 
covered under a separate subheading of the HTSUS.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this review, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the AD Order and the magnitude of the 
margins likely to prevail if the order were revoked, is provided in the 
accompanying Issues and Decision Memorandum,\5\ which is hereby adopted 
by this notice. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the Internet at https://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Expedited Sunset Review of 
the Antidumping Duty Order on Paper Clips from the People's Republic 
of China,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
the Department determines that revocation of the AD Order would be 
likely to lead to continuation or recurrence of dumping, and that the 
magnitude of the dumping margins likely to prevail would be weighted-
average margins up to 126.94 percent.

Notification to Interested Parties

    This notice 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 written 
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.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 
CFR 351.218, and 19 CFR 351.221(c)(5)(ii).

    Dated: September 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2016-24245 Filed 10-5-16; 8:45 am]
 BILLING CODE 3510-DS-P
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