Paper File Folders From India: Initiation of Countervailing Duty Investigation, 67447-67451 [2022-24315]

Download as PDF Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices Limits Final Rule prior to submitting factual information in these investigations.55 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.56 Parties must use the certification formats provided in 19 CFR 351.303(g).57 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letter of appearance). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.58 This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: November 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix lotter on DSK11XQN23PROD with NOTICES1 Scope of the Investigations The products within the scope of these investigations are file folders consisting primarily of paper, paperboard, pressboard, or other cellulose material, whether coated or uncoated, that has been folded (or creased in preparation to be folded), glued, taped, bound, or otherwise assembled to be suitable for holding documents. The scope includes all such folders, regardless of color, whether or not expanding, whether or not laminated, and with or without tabs, fasteners, closures, hooks, rods, hangers, pockets, gussets, or internal dividers. The term ‘‘primarily’’ as used in the first sentence of this scope means 55 See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm. 56 See section 782(b) of the Act. 57 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 58 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 16:56 Nov 07, 2022 Jkt 259001 50 percent or more of the total product weight, exclusive of the weight of fasteners, closures, hooks, rods, hangers, removable tabs, and similar accessories, and exclusive of the weight of packaging. Subject folders have the following dimensions in their folded and closed position: lengths and widths of at least 8 inches and no greater than 17 inches, regardless of depth. The scope covers all varieties of folders, including but not limited to manila folders, hanging folders, fastener folders, classification folders, expanding folders, pockets, jackets, and wallets. Excluded from the scope are: • mailing envelopes with a flap bearing one or more adhesive strips that can be used permanently to seal the entire length of a side such that, when sealed, the folder is closed on all four sides; • binders, with two or more rings to hold documents in place, made from paperboard or pressboard encased entirely in plastic; • non-expanding folders with a depth exceeding 2.5 inches and that are closed or closeable on the top, bottom, and all four sides (e.g., boxes or cartons); • expanding folders that have (1) 13 or more pockets, (2) a flap covering the top, (3) a latching mechanism made of plastic and/ or metal to close the flap, and (4) an affixed plastic or metal carry handle; • expanding folders that have an outer surface (other than the gusset, handles, and/ or closing mechanisms) that is covered entirely with fabric, leather, and/or faux leather; • fashion folders, which are defined as folders with all of the following characteristics: (1) plastic lamination covering the entire exterior of the folder, (2) printing, foil stamping, embossing (i.e., raised relief patterns that are recessed on the opposite side), and/or debossing (i.e., recessed relief patterns that are raised on the opposite side), covering the entire exterior surface area of the folder, (3) at least two visible and printed or foil stamped colors other than the color of the base paper, and other than the printing of numbers, letters, words, or logos, each of which separately covers no less than 10 percent of the entire exterior surface area, and (4) patterns, pictures, designs, or artwork covering no less than thirty percent of the exterior surface area of the folder; • portfolios, which are folders having (1) a width of at least 16 inches when open flat, (2) no tabs or dividers, and (3) one or more pockets that are suitable for holding letter size documents and that cover at least 15 percent of the surface area of the relevant interior side or sides; and • report covers, which are folders having (1) no tabs, dividers, or pockets, and (2) one or more fasteners or clips, each of which is permanently affixed to the center fold, to hold papers securely in place. Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) category 4820.30.0040. Subject imports may also enter under other HTSUS classifications. While the HTSUS subheading is provided for convenience and customs purposes, the PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 67447 written description of the scope of the investigations is dispositive. [FR Doc. 2022–24316 Filed 11–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–911] Paper File Folders From India: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable November 1, 2022. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: The Petition On October 12, 2022, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of paper file folders from India filed in proper form on behalf of the Coalition of Domestic Folder Manufacturers (the petitioner),1 the members of which are domestic producers of paper file folders.2 The Petition was accompanied by antidumping duty (AD) petitions concerning imports of paper file folders from the People’s Republic of China, India, and the Socialist Republic of Vietnam.3 On October 17 and 25, 2022, Commerce requested supplemental information pertaining to certain aspects of the Petition.4 On October 21, 26, and 1 The members of the Coalition of Domestic Folder Manufacturers are: Smead Manufacturing Company, Inc. and TOPS Products LLC. 2 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Paper File Folders from China, India, and Vietnam,’’ dated October 12, 2022 (Petition). 3 Id. 4 See Commerce’s Letters, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Paper File Folders from India: Supplemental Questions,’’ dated October 17, 2022; and ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Paper File Folders from the People’s Republic of China, India, and the Socialist Republic of Vietnam: Supplemental Questions,’’ dated October 17, 2022 (General Issues Supplemental Questionnaire); see also Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated October 25, 2022 (General Issues Memorandum). E:\FR\FM\08NON1.SGM 08NON1 67448 Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices 27, 2022, the petitioner filed timely responses to these requests for additional information.5 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of India (GOI) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of paper file folders in India and that such imports are materially injuring, or threatening material injury to, the domestic industry producing in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is supported by information reasonably available to the petitioner. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(F) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.6 Period of Investigation Because the Petition was filed on October 12, 2022, the period of investigation (POI) is January 1, 2021, through December 31, 2021.7 Scope of the Investigation The product covered by this investigation is paper file folders from India. For a full description of the scope of this investigation, see the appendix to this notice. lotter on DSK11XQN23PROD with NOTICES1 Comments on Scope of the Investigation On October 17 and 25, 2022, Commerce requested information from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection 5 See Petitioner’s Letters, ‘‘Antidumping and Countervailing Duties on Imports of Paper File Folders from China, India, and Vietnam: Response of Petitioner to Volume I Supplemental Questionnaire,’’ dated October 21, 2022 (First General Issues Supplement); ‘‘Antidumping and Countervailing Duties on Imports of Paper File Folders from China, India, and Vietnam: Response of Petitioner to Volume I Supplemental Question #20,’’ dated October 26, 2022 (October 26 Injury Supplement); ‘‘Antidumping and Countervailing Duties on Imports of Paper File Folders from China, India, and Vietnam: Response of Petitioner to Second Volume I Supplemental Questions,’’ dated October 27, 2022 (Second General Issues Supplement); and Antidumping and Countervailing Duties on Imports of Paper File Folders from China, India, and Vietnam: Response of Petitioner to Volume V Supplemental Questionnaire,’’ dated October 21, 2022. 6 See ‘‘Determination of Industry Support for the Petition’’ section, infra. 7 See 19 CFR 351.204(b)(2). VerDate Sep<11>2014 16:56 Nov 07, 2022 Jkt 259001 of the products for which the domestic industry is seeking relief.8 On October 21 and 27, 2022, the petitioner revised the scope.9 The description of merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).10 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, all such factual information should be limited to public information.11 To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on November 21, 2022, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on December 1, 2022, which is ten calendar days from the initial comment deadline. Commerce requests that any factual information that the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All scope comments must also be filed on the record of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s (E&C) Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.12 An 8 See General Issues Supplemental Questionnaire at 3–4; see also General Issues Memorandum at 1–2. 9 See First General Issues Supplement at Exhibit I–S2; see also Second General Issues Supplement at Exhibit I–2S1. 10 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 11 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 12 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 electronically filed document must be received successfully in its entirety by the time and date it is due. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOI of the receipt of the Petition and provided it an opportunity for consultations with respect to the Petition.13 Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,14 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. 13 See Commerce’s Letter, ‘‘Invitation for Consultations to Discuss the Countervailing Duty Petition,’’ dated October 13, 2022. 14 See section 771(10) of the Act. E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.15 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.16 Based on our analysis of the information submitted on the record, we have determined that paper file folders, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.17 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the appendix to this notice. To establish industry support, the petitioner provided the 2021 net sales values of the domestic like product for U.S. producers that support the Petition, and compared this to the estimated total sales values of the domestic like product for the entire domestic industry.18 Because total industry production data for the domestic like product for 2021 are not reasonably available to the petitioner, and the petitioner has established that sales values and shipments are a 15 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 16 See Petition at Volume I (pages 11, 13–18, and Exhibits I–18 through I–26); see also First General Issues Supplement at 13–17. 17 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see CVD Investigation Initiation Checklist, ‘‘Paper File Folders from India,’’ dated concurrently with this notice (India CVD Initiation Checklist), at Attachment II (Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Paper File Folders from the People’s Republic of China, India, and the Socialist Republic of Vietnam). 18 See Petition at Volume I (pages 4–5 and Exhibits I–1, I–2, I–33, and I–35); see also First General Issues Supplement at 1, 8–13, and Exhibits I–S1, I–S4, and I–S5; and Second General Issues Supplement at 4–5 and Exhibit I–2S2. VerDate Sep<11>2014 16:56 Nov 07, 2022 Jkt 259001 reasonable proxy for production data,19 we have relied on data provided by the petitioner for purposes of measuring industry support.20 Our review of the data provided in the Petition, the First General Issues Supplement, the Second General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.21 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).22 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.23 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.24 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.25 Injury Test Because India is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC 19 See Petition at Volume I (page 5 and Exhibits I–1, I–2, I–33, and I–35); see also First General Issues Supplement at 1, 8 and Exhibits I–S1 and I– S4; and Second General Issues Supplement at 4–5 and Exhibit I–2S2. 20 See Petition at Volume I (pages 4–5 and Exhibits I–1, I–2, I–33, and I–35); see also First General Issues Supplement at 1, 8–13, and Exhibits I–S1, I–S4, and I–S5; and Second General Issues Supplement at 4–5 and Exhibit I–2S2. 21 See Petition at Volume I (pages 4–5 and Exhibits I–1, I–2, I–33, and I–35); see also First General Issues Supplement at 1, 8–13, and Exhibits I–S1, I–S4, and I–S5; and Second General Issues Supplement at 4–5 and Exhibit I–2S2. For further discussion, see the India CVD Initiation Checklist at Attachment II. 22 See India CVD Initiation Checklist at Attachment II; see also section 702(c)(4)(D) of the Act. 23 See India CVD Initiation Checklist at Attachment II. 24 Id. 25 Id. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 67449 must determine whether imports of the subject merchandise from India materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefiting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.26 The petitioner contends that the industry’s injured condition is illustrated by a significant volume of subject imports; declining market share; underselling and price depression and/ or suppression; lost sales and revenues; and adverse impact on the domestic industry’s performance and development and production efforts.27 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.28 Initiation of CVD Investigation Based upon the examination of the Petition and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of paper file folders from India benefit from countervailable subsidies conferred by the GOI. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 12 of the 14 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see the India CVD Initiation 26 See Petition at Volume I (page 22 and Exhibit I–31). 27 See Petition at Volume I (pages 19–38 and Exhibits I–14 and I–27 through I–34); see also First General Issues Supplement at 17–21 and Exhibit I– S6; and the October 26 Injury Supplement at 1–2. 28 See India CVD Initiation Checklist at Attachment III (Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Paper File Folders from the People’s Republic of China, India, and the Socialist Republic of Vietnam). E:\FR\FM\08NON1.SGM 08NON1 67450 Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. lotter on DSK11XQN23PROD with NOTICES1 Respondent Selection The petitioner named eleven companies in India as producers and/or exporters of paper file folders.29 Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation. In the event Commerce determines that the number of Indian producers or exporters is large such that Commerce cannot individually examine each company based upon its resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of paper file folders from India during the POI under the appropriate Harmonized Tariff Schedule of the United States subheading listed in the ‘‘Scope of the Investigation,’’ in the appendix. On October 31, 2022, Commerce released CBP data for U.S. imports of paper file folders from India under administrative protective order (APO) to all parties with access to information protected by APO, and indicated that interested parties wishing to comment on the CBP data and/or respondent selection must do so within three business days of the publication date of the notice of initiation of this investigation.30 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. We intend to select respondents within 20 days of publication of this notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on E&C’s website at https://enforcement.trade.gov/apo. Commerce intends to finalize its decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOI via ACCESS. Furthermore, to the extent practicable, Commerce will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). 29 See Petition at Volume I (Exhibit I–17). Memorandum, ‘‘Countervailing Duty Petition on Imports of Paper File Folders from India: Release of U.S. Customs and Border Protection Data,’’ dated October 31, 2022. 30 See VerDate Sep<11>2014 16:56 Nov 07, 2022 Jkt 259001 ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of paper file folders from India are materially injuring, or threatening material injury to, a U.S. industry.31 A negative ITC determination will result in the investigation being terminated.32 Otherwise, this CVD investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 33 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.34 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301.35 For submissions that are due 31 See section 703(a)(1) of the Act. 32 Id. 33 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 35 See 19 CFR 351.302. 34 See PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; Commerce will grant untimely filed requests for the extension of time limits only in limited cases where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce’s regulations concerning factual information prior to submitting factual information in this investigation.36 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.37 Parties must use the certification formats provided in 19 CFR 351.303(g).38 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letters of appearance). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.39 This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). 36 See 19 CFR 301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/ FR-2013-09-20/html/2013-22853.htm. 37 See section 782(b) of the Act. 38 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 39 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices Dated: November 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. lotter on DSK11XQN23PROD with NOTICES1 Appendix Scope of the Investigation The products within the scope of this investigation are file folders consisting primarily of paper, paperboard, pressboard, or other cellulose material, whether coated or uncoated, that has been folded (or creased in preparation to be folded), glued, taped, bound, or otherwise assembled to be suitable for holding documents. The scope includes all such folders, regardless of color, whether or not expanding, whether or not laminated, and with or without tabs, fasteners, closures, hooks, rods, hangers, pockets, gussets, or internal dividers. The term ‘‘primarily’’ as used in the first sentence of this scope means 50 percent or more of the total product weight, exclusive of the weight of fasteners, closures, hooks, rods, hangers, removable tabs, and similar accessories, and exclusive of the weight of packaging. Subject folders have the following dimensions in their folded and closed position: lengths and widths of at least 8 inches and no greater than 17 inches, regardless of depth. The scope covers all varieties of folders, including but not limited to manila folders, hanging folders, fastener folders, classification folders, expanding folders, pockets, jackets, and wallets. Excluded from the scope are: • mailing envelopes with a flap bearing one or more adhesive strips that can be used permanently to seal the entire length of a side such that, when sealed, the folder is closed on all four sides; • binders, with two or more rings to hold documents in place, made from paperboard or pressboard encased entirely in plastic; • non-expanding folders with a depth exceeding 2.5 inches and that are closed or closeable on the top, bottom, and all four sides (e.g., boxes or cartons); • expanding folders that have (1) 13 or more pockets, (2) a flap covering the top, (3) a latching mechanism made of plastic and/or metal to close the flap, and (4) an affixed plastic or metal carry handle; • expanding folders that have an outer surface (other than the gusset, handles, and/ or closing mechanisms) that is covered entirely with fabric, leather, and/or faux leather; • fashion folders, which are defined as folders with all of the following characteristics: (1) plastic lamination covering the entire exterior of the folder, (2) printing, foil stamping, embossing (i.e., raised relief patterns that are recessed on the opposite side), and/or debossing (i.e., recessed relief patterns that are raised on the opposite side), covering the entire exterior surface area of the folder, (3) at least two visible and printed or foil stamped colors other than the color of the base paper, and other than the printing of numbers, letters, words, or logos, each of which separately covers no less than 10 percent of the entire exterior surface area, and (4) patterns, VerDate Sep<11>2014 16:56 Nov 07, 2022 Jkt 259001 pictures, designs, or artwork covering no less than thirty percent of the exterior surface area of the folder; • portfolios, which are folders having (1) a width of at least 16 inches when open flat, (2) no tabs or dividers, and (3) one or more pockets that are suitable for holding letter size documents and that cover at least 15 percent of the surface area of the relevant interior side or sides; and • report covers, which are folders having (1) no tabs, dividers, or pockets, and (2) one or more fasteners or clips, each of which is permanently affixed to the center fold, to hold papers securely in place. Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) category 4820.30.0040. Subject imports may also enter under other HTSUS classifications. While the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [FR Doc. 2022–24315 Filed 11–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC519] Marine Mammals; File No. 27033 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Underdogs Films, Ltd., 4th Floor Embassy House, Queen’s Avenue, Bristol, BS8 1SB, United Kingdom (Tom Stephens, Principal Investigator), has applied in due form for a permit to conduct commercial or educational photography on Northern elephant seals (Mirounga angustirostris). DATES: Written, telefaxed, or email comments must be received on or before December 8, 2022. ADDRESSES: These documents are available upon written request via email to NMFS.Pr1Comments@noaa.gov. Written comments on this application should be submitted via email to NMFS.Pr1Comments@noaa.gov. Please include File No. 27033 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request via email to NMFS.Pr1Comments@ noaa.gov. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore and Sara Young, (301) 427–8401. SUMMARY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 67451 The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant proposes to film Northern elephant seals exhibiting wild behavior during their breeding season at the An˜o Nuevo State Reserve beaches. Filmmakers would conduct groundbased filming via tripod, gimbal, and remote vehicle, as well as aerial filming via vertical take-off and landing unmanned aircraft system. Up to 2,300 elephant seals, 115 harbor seals (Phoca vitulina), and 115 northern fur seals (Callorhinus ursinus) may be harassed during filming. Filming would occur for no more than 23 days in January and February of 2023. The permit would be valid until February 28, 2023. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. SUPPLEMENTARY INFORMATION: Dated: November 2, 2022. Amy Sloan, Acting Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2022–24294 Filed 11–7–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 221031–0228; RTID 0648– XR125] Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List Great Hammerhead Shark as a Threatened or Endangered Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; 90-Day petition finding. AGENCY: We, NMFS, announce a 90day finding on a petition to list the great hammerhead shark (Sphyrna mokarran) as threatened or endangered under the SUMMARY: E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67447-67451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24315]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-911]


Paper File Folders From India: Initiation of Countervailing Duty 
Investigation

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


DATES: Applicable November 1, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: 

The Petition

    On October 12, 2022, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
paper file folders from India filed in proper form on behalf of the 
Coalition of Domestic Folder Manufacturers (the petitioner),\1\ the 
members of which are domestic producers of paper file folders.\2\ The 
Petition was accompanied by antidumping duty (AD) petitions concerning 
imports of paper file folders from the People's Republic of China, 
India, and the Socialist Republic of Vietnam.\3\
---------------------------------------------------------------------------

    \1\ The members of the Coalition of Domestic Folder 
Manufacturers are: Smead Manufacturing Company, Inc. and TOPS 
Products LLC.
    \2\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Paper File 
Folders from China, India, and Vietnam,'' dated October 12, 2022 
(Petition).
    \3\ Id.
---------------------------------------------------------------------------

    On October 17 and 25, 2022, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\4\ On 
October 21, 26, and

[[Page 67448]]

27, 2022, the petitioner filed timely responses to these requests for 
additional information.\5\
---------------------------------------------------------------------------

    \4\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Paper File Folders from India: 
Supplemental Questions,'' dated October 17, 2022; and ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Paper File Folders from the People's Republic of China, 
India, and the Socialist Republic of Vietnam: Supplemental 
Questions,'' dated October 17, 2022 (General Issues Supplemental 
Questionnaire); see also Memorandum, ``Phone Call with Counsel to 
the Petitioner,'' dated October 25, 2022 (General Issues 
Memorandum).
    \5\ See Petitioner's Letters, ``Antidumping and Countervailing 
Duties on Imports of Paper File Folders from China, India, and 
Vietnam: Response of Petitioner to Volume I Supplemental 
Questionnaire,'' dated October 21, 2022 (First General Issues 
Supplement); ``Antidumping and Countervailing Duties on Imports of 
Paper File Folders from China, India, and Vietnam: Response of 
Petitioner to Volume I Supplemental Question #20,'' dated October 
26, 2022 (October 26 Injury Supplement); ``Antidumping and 
Countervailing Duties on Imports of Paper File Folders from China, 
India, and Vietnam: Response of Petitioner to Second Volume I 
Supplemental Questions,'' dated October 27, 2022 (Second General 
Issues Supplement); and Antidumping and Countervailing Duties on 
Imports of Paper File Folders from China, India, and Vietnam: 
Response of Petitioner to Volume V Supplemental Questionnaire,'' 
dated October 21, 2022.
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of India 
(GOI) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of paper file folders 
in India and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing in the United 
States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating a CVD 
investigation, the Petition is supported by information reasonably 
available to the petitioner.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(F) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\6\
---------------------------------------------------------------------------

    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on October 12, 2022, the period of 
investigation (POI) is January 1, 2021, through December 31, 2021.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is paper file folders 
from India. For a full description of the scope of this investigation, 
see the appendix to this notice.

Comments on Scope of the Investigation

    On October 17 and 25, 2022, Commerce requested information from the 
petitioner regarding the proposed scope to ensure that the scope 
language in the Petition is an accurate reflection of the products for 
which the domestic industry is seeking relief.\8\ On October 21 and 27, 
2022, the petitioner revised the scope.\9\ The description of 
merchandise covered by this investigation, as described in the appendix 
to this notice, reflects these clarifications.
---------------------------------------------------------------------------

    \8\ See General Issues Supplemental Questionnaire at 3-4; see 
also General Issues Memorandum at 1-2.
    \9\ See First General Issues Supplement at Exhibit I-S2; see 
also Second General Issues Supplement at Exhibit I-2S1.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\10\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on November 21, 2022, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on December 1, 2022, which 
is ten calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
---------------------------------------------------------------------------

    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All scope 
comments must also be filed on the record of the concurrent AD and CVD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\12\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOI of the receipt of the Petition and provided it an 
opportunity for consultations with respect to the Petition.\13\
---------------------------------------------------------------------------

    \13\ See Commerce's Letter, ``Invitation for Consultations to 
Discuss the Countervailing Duty Petition,'' dated October 13, 2022.
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is

[[Page 67449]]

subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
---------------------------------------------------------------------------

    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\16\ Based on our analysis of the information 
submitted on the record, we have determined that paper file folders, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\17\
---------------------------------------------------------------------------

    \16\ See Petition at Volume I (pages 11, 13-18, and Exhibits I-
18 through I-26); see also First General Issues Supplement at 13-17.
    \17\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
CVD Investigation Initiation Checklist, ``Paper File Folders from 
India,'' dated concurrently with this notice (India CVD Initiation 
Checklist), at Attachment II (Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Paper File 
Folders from the People's Republic of China, India, and the 
Socialist Republic of Vietnam).
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2021 net sales values of the domestic like product for U.S. producers 
that support the Petition, and compared this to the estimated total 
sales values of the domestic like product for the entire domestic 
industry.\18\ Because total industry production data for the domestic 
like product for 2021 are not reasonably available to the petitioner, 
and the petitioner has established that sales values and shipments are 
a reasonable proxy for production data,\19\ we have relied on data 
provided by the petitioner for purposes of measuring industry 
support.\20\
---------------------------------------------------------------------------

    \18\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2, 
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues 
Supplement at 4-5 and Exhibit I-2S2.
    \19\ See Petition at Volume I (page 5 and Exhibits I-1, I-2, I-
33, and I-35); see also First General Issues Supplement at 1, 8 and 
Exhibits I-S1 and I-S4; and Second General Issues Supplement at 4-5 
and Exhibit I-2S2.
    \20\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2, 
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues 
Supplement at 4-5 and Exhibit I-2S2.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\21\ First, the 
Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to evaluate industry support (e.g., 
polling).\22\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\23\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\24\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\25\
---------------------------------------------------------------------------

    \21\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2, 
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues 
Supplement at 4-5 and Exhibit I-2S2. For further discussion, see the 
India CVD Initiation Checklist at Attachment II.
    \22\ See India CVD Initiation Checklist at Attachment II; see 
also section 702(c)(4)(D) of the Act.
    \23\ See India CVD Initiation Checklist at Attachment II.
    \24\ Id.
    \25\ Id.
---------------------------------------------------------------------------

Injury Test

    Because India is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from India materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\26\
---------------------------------------------------------------------------

    \26\ See Petition at Volume I (page 22 and Exhibit I-31).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant volume of subject imports; declining 
market share; underselling and price depression and/or suppression; 
lost sales and revenues; and adverse impact on the domestic industry's 
performance and development and production efforts.\27\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\28\
---------------------------------------------------------------------------

    \27\ See Petition at Volume I (pages 19-38 and Exhibits I-14 and 
I-27 through I-34); see also First General Issues Supplement at 17-
21 and Exhibit I-S6; and the October 26 Injury Supplement at 1-2.
    \28\ See India CVD Initiation Checklist at Attachment III 
(Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Paper File Folders from the People's Republic of China, 
India, and the Socialist Republic of Vietnam).
---------------------------------------------------------------------------

Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of paper file folders from India benefit from 
countervailable subsidies conferred by the GOI. In accordance with 
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 65 
days after the date of this initiation.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 12 of the 14 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see the India CVD Initiation

[[Page 67450]]

Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

Respondent Selection

    The petitioner named eleven companies in India as producers and/or 
exporters of paper file folders.\29\ Commerce intends to follow its 
standard practice in CVD investigations and calculate company-specific 
subsidy rates in this investigation.
---------------------------------------------------------------------------

    \29\ See Petition at Volume I (Exhibit I-17).
---------------------------------------------------------------------------

    In the event Commerce determines that the number of Indian 
producers or exporters is large such that Commerce cannot individually 
examine each company based upon its resources, where appropriate, 
Commerce intends to select mandatory respondents based on U.S. Customs 
and Border Protection (CBP) data for U.S. imports of paper file folders 
from India during the POI under the appropriate Harmonized Tariff 
Schedule of the United States subheading listed in the ``Scope of the 
Investigation,'' in the appendix.
    On October 31, 2022, Commerce released CBP data for U.S. imports of 
paper file folders from India under administrative protective order 
(APO) to all parties with access to information protected by APO, and 
indicated that interested parties wishing to comment on the CBP data 
and/or respondent selection must do so within three business days of 
the publication date of the notice of initiation of this 
investigation.\30\ Commerce will not accept rebuttal comments regarding 
the CBP data or respondent selection. We intend to select respondents 
within 20 days of publication of this notice.
---------------------------------------------------------------------------

    \30\ See Memorandum, ``Countervailing Duty Petition on Imports 
of Paper File Folders from India: Release of U.S. Customs and Border 
Protection Data,'' dated October 31, 2022.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on E&C's website at https://enforcement.trade.gov/apo. Commerce intends to finalize its decisions 
regarding respondent selection within 20 days of publication of this 
notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOI via ACCESS. Furthermore, to the extent practicable, 
Commerce will attempt to provide a copy of the public version of the 
Petition to each exporter named in the Petition, as provided under 19 
CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of paper file folders from India are materially 
injuring, or threatening material injury to, a U.S. industry.\31\ A 
negative ITC determination will result in the investigation being 
terminated.\32\ Otherwise, this CVD investigation will proceed 
according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \31\ See section 703(a)(1) of the Act.
    \32\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \33\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\34\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
---------------------------------------------------------------------------

    \33\ See 19 CFR 351.301(b).
    \34\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301.\35\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in this 
investigation.\36\
---------------------------------------------------------------------------

    \35\ See 19 CFR 351.302.
    \36\ See 19 CFR 301; see also Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \37\ See section 782(b) of the Act.
    \38\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letters of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\39\
---------------------------------------------------------------------------

    \39\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).


[[Page 67451]]


    Dated: November 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The products within the scope of this investigation are file 
folders consisting primarily of paper, paperboard, pressboard, or 
other cellulose material, whether coated or uncoated, that has been 
folded (or creased in preparation to be folded), glued, taped, 
bound, or otherwise assembled to be suitable for holding documents. 
The scope includes all such folders, regardless of color, whether or 
not expanding, whether or not laminated, and with or without tabs, 
fasteners, closures, hooks, rods, hangers, pockets, gussets, or 
internal dividers. The term ``primarily'' as used in the first 
sentence of this scope means 50 percent or more of the total product 
weight, exclusive of the weight of fasteners, closures, hooks, rods, 
hangers, removable tabs, and similar accessories, and exclusive of 
the weight of packaging.
    Subject folders have the following dimensions in their folded 
and closed position: lengths and widths of at least 8 inches and no 
greater than 17 inches, regardless of depth.
    The scope covers all varieties of folders, including but not 
limited to manila folders, hanging folders, fastener folders, 
classification folders, expanding folders, pockets, jackets, and 
wallets.
    Excluded from the scope are:
     mailing envelopes with a flap bearing one or more 
adhesive strips that can be used permanently to seal the entire 
length of a side such that, when sealed, the folder is closed on all 
four sides;
     binders, with two or more rings to hold documents in 
place, made from paperboard or pressboard encased entirely in 
plastic;
     non-expanding folders with a depth exceeding 2.5 inches 
and that are closed or closeable on the top, bottom, and all four 
sides (e.g., boxes or cartons);
     expanding folders that have (1) 13 or more pockets, (2) 
a flap covering the top, (3) a latching mechanism made of plastic 
and/or metal to close the flap, and (4) an affixed plastic or metal 
carry handle;
     expanding folders that have an outer surface (other 
than the gusset, handles, and/or closing mechanisms) that is covered 
entirely with fabric, leather, and/or faux leather;
     fashion folders, which are defined as folders with all 
of the following characteristics: (1) plastic lamination covering 
the entire exterior of the folder, (2) printing, foil stamping, 
embossing (i.e., raised relief patterns that are recessed on the 
opposite side), and/or debossing (i.e., recessed relief patterns 
that are raised on the opposite side), covering the entire exterior 
surface area of the folder, (3) at least two visible and printed or 
foil stamped colors other than the color of the base paper, and 
other than the printing of numbers, letters, words, or logos, each 
of which separately covers no less than 10 percent of the entire 
exterior surface area, and (4) patterns, pictures, designs, or 
artwork covering no less than thirty percent of the exterior surface 
area of the folder;
     portfolios, which are folders having (1) a width of at 
least 16 inches when open flat, (2) no tabs or dividers, and (3) one 
or more pockets that are suitable for holding letter size documents 
and that cover at least 15 percent of the surface area of the 
relevant interior side or sides; and
     report covers, which are folders having (1) no tabs, 
dividers, or pockets, and (2) one or more fasteners or clips, each 
of which is permanently affixed to the center fold, to hold papers 
securely in place.
    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) category 
4820.30.0040. Subject imports may also enter under other HTSUS 
classifications. While the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
scope of the investigation is dispositive.

[FR Doc. 2022-24315 Filed 11-7-22; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.