Paper File Folders From India: Postponement of Preliminary Determination, 79858-79859 [2022-28274]

Download as PDF 79858 Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices Dated: December 21, 2022. Andrew McGilvray, Executive Secretary. [FR Doc. 2022–28218 Filed 12–27–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–826] Paper Clips From the People’s Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on paper clips from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable December 28, 2022. FOR FURTHER INFORMATION CONTACT: Caroline Carroll or 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) 482–4948 and (202) 482–3936 respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background ddrumheller on DSK6VXHR33PROD with NOTICES On September 1, 2022, Commerce published the notice of initiation of the fifth sunset review of the Order,1 pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 Commerce received notices of intent to participate from domestic interested parties 3 within the deadline specified in 19 CFR 351.218(d)(1)(i), after the date of publication of the Initiation Notice.4 The domestic 1 See Antidumping Duty Order: Certain Paper Clips from the People’s Republic of China, 59 FR 60606 (November 25, 1994) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727 (September 1, 2022). 3 The domestic interested parties are ACCO Brands USA LLC (ACCO) and Victor Technology LLC (Victor Technology). 4 See Victor Technology’s Letter, ‘‘Paper Clips from the People’s Republic of China: Five-Year Review of Antidumping Duty Order (5th Sunset Review), Case No. A–570–826; Victor Technology, LLC’s Notice of Intent to Participate,’’ dated September 13, 2022; see also ACCO’s Letter, ‘‘Paper Clips from the People’s Republic of China: Five- VerDate Sep<11>2014 18:26 Dec 27, 2022 Jkt 259001 interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers of a domestic like product in the United States. Commerce received a complete substantive response from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 We did not receive a substantive response from any other interested party in these proceedings. On October 25, 2022, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The products covered by the Order are certain paper clips. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.7 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the Order were revoked.8 A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to 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 Services System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly Year Review of Antidumping Duty Order (5th Review), Case No. A–570–826; ACCO Brands USA LLC’s Notice of Intent to Participate,’’ dated September 15, 2022. 5 See Domestic Interested Parties’ Letter, ‘‘Paper Clips from the People’s Republic of China: FiveYear Review of Antidumping Duty Order (5th Sunset Review), Case No. A–570–826; Substantive Response of Domestic Producers,’’ dated October 3, 2022. 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on September 1, 2022,’’ dated October 25, 2022. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order on Paper Clips from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 8 Id. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the 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 weightedaverage margins up to 126.94 percent. Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the 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. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.221(c)(5)(ii). Dated: December 20, 2022. Lisa W. Wang, 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 Margin of Dumping Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2022–28170 Filed 12–27–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–911] Paper File Folders From India: Postponement of Preliminary Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable December 28, 2022. AGENCY: E:\FR\FM\28DEN1.SGM 28DEN1 Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices 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: Background On October 12, 2022, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of paper file folders from India.1 Currently, the preliminary determination is due no later than January 5, 2023. Postponement of Preliminary Determination ddrumheller on DSK6VXHR33PROD with NOTICES Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny it. On December 9, 2022, the Coalition of Domestic Folder Manufacturers (the petitioner) timely filed a request for Commerce to postpone the preliminary CVD determination so that Commerce may review all questionnaire responses and new factual information to permit a thorough investigation and the calculation of accurate subsidy rates.2 In accordance with 19 CFR 351.205(e), the petitioner has stated the reasons for requesting a postponement of the preliminary determination, and 1 See Paper File Folders from India: Initiation of Countervailing Duty Investigation, 87 FR 67447 (November 8, 2022). 2 See Petitioner’s Letter, ‘‘Paper File Folders from India—Petitioner’s Request For Extension of Preliminary Determination Deadline,’’ dated December 9, 2022. The petitioner is the Coalition of Domestic Folder Manufacturers, the members of which are Smead Manufacturing Company, Inc. and TOPS Products LLC. VerDate Sep<11>2014 18:26 Dec 27, 2022 Jkt 259001 Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than the next business day after 130 days after the date on which this investigation was initiated, i.e., March 13, 2023.3 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. Notification to Interested Parties This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: December 21, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–28274 Filed 12–27–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, Preliminary Successorin-Interest Determination, and Rescission of Review, in Part; 2020– 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Zhejiang Fuerjia Wooden Co., Ltd. (Fuerjia) did not make sales of subject merchandise at less than normal value (NV), that certain companies had no shipments of subject merchandise during the period of review (POR) December 1, 2020, through November 30, 2021, that Arte Mundi Group Co., Ltd. (Arte Mundi Group) is the successor-in-interest to Arte Mundi (Shanghai) Aesthetic Home Furnishings Co., Ltd. (Arte Mundi Shanghai), and that Metropolitan AGENCY: 3 The extended date for the preliminary determination falls on March 11, 2023, which is a Saturday. Commerce’s practice dictates that, when a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 79859 Hardwood Floors, Inc. (Metropolitan) is part of the China-wide entity. Finally, we are rescinding the review with respect to certain companies. Interested parties are invited to comment on these preliminary results. DATES: Applicable December 28, 2022. FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Max Goldman, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6478 or (202) 482–0224, respectively. SUPPLEMENTARY INFORMATION: Background Commerce is conducting an administrative review of the antidumping duty order on multilayered wood flooring (MLWF) from the People’s Republic of China (China).1 The review covers 49 companies, including mandatory respondents Fuerjia and Metropolitan. For events that occurred since the Initiation Notice and the analysis behind our preliminary results herein, see the Preliminary Decision Memorandum.2 The Preliminary 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. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. Scope of the Order 3 The product covered by the Order is MLWF from China. For a complete 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 6487 (February 4, 2022) (Initiation Notice). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Multilayered Wood Flooring from the People’s Republic of China; 2020–2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 3 See Multilayered Wood Flooring from the People’s Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less than Fair Value and Antidumping Duty Order, 76 FR 76690 (December 8, 2011), as amended in Multilayered Wood Flooring from the People’s Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012) (collectively, Order). E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79858-79859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28274]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-911]


Paper File Folders From India: Postponement of Preliminary 
Determination

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

DATES: Applicable December 28, 2022.

[[Page 79859]]


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: 

Background

    On October 12, 2022, the U.S. Department of Commerce (Commerce) 
initiated a countervailing duty (CVD) investigation of imports of paper 
file folders from India.\1\ Currently, the preliminary determination is 
due no later than January 5, 2023.
---------------------------------------------------------------------------

    \1\ See Paper File Folders from India: Initiation of 
Countervailing Duty Investigation, 87 FR 67447 (November 8, 2022).
---------------------------------------------------------------------------

Postponement of Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a CVD 
investigation within 65 days after the date on which Commerce initiated 
the investigation. However, section 703(c)(1) of the Act permits 
Commerce to postpone the preliminary determination until no later than 
130 days after the date on which Commerce initiated the investigation 
if: (A) the petitioner makes a timely request for a postponement; or 
(B) Commerce concludes that the parties concerned are cooperating, that 
the investigation is extraordinarily complicated, and that additional 
time is necessary to make a preliminary determination. Under 19 CFR 
351.205(e), the petitioner must submit a request for postponement 25 
days or more before the scheduled date of the preliminary determination 
and must state the reasons for the request. Commerce will grant the 
request unless it finds compelling reasons to deny it.
    On December 9, 2022, the Coalition of Domestic Folder Manufacturers 
(the petitioner) timely filed a request for Commerce to postpone the 
preliminary CVD determination so that Commerce may review all 
questionnaire responses and new factual information to permit a 
thorough investigation and the calculation of accurate subsidy 
rates.\2\
---------------------------------------------------------------------------

    \2\ See Petitioner's Letter, ``Paper File Folders from India--
Petitioner's Request For Extension of Preliminary Determination 
Deadline,'' dated December 9, 2022. The petitioner is the Coalition 
of Domestic Folder Manufacturers, the members of which are Smead 
Manufacturing Company, Inc. and TOPS Products LLC.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.205(e), the petitioner has stated the 
reasons for requesting a postponement of the preliminary determination, 
and Commerce finds no compelling reason to deny the request. Therefore, 
in accordance with section 703(c)(1)(A) of the Act, Commerce is 
postponing the deadline for the preliminary determination to no later 
than the next business day after 130 days after the date on which this 
investigation was initiated, i.e., March 13, 2023.\3\ Pursuant to 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for 
the final determination of this investigation will continue to be 75 
days after the date of the preliminary determination.
---------------------------------------------------------------------------

    \3\ The extended date for the preliminary determination falls on 
March 11, 2023, which is a Saturday. Commerce's practice dictates 
that, when a deadline falls on a weekend or federal holiday, the 
appropriate deadline is the next business day. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: December 21, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-28274 Filed 12-27-22; 8:45 am]
BILLING CODE 3510-DS-P

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