Paper Clips From the People's Republic of China: Continuation of Antidumping Duty Order, 24552-24553 [2023-08433]

Download as PDF 24552 Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to TMI/TMM in the most recently completed review of the companies; (2) for previously investigated or reviewed Chinese and non-Chinese exporters who are not under review in this segment of the proceeding but who received a separate rate in a prior segment of the proceeding, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the China-wide rate of 111.73 percent; 7 and (4) for all nonChinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to Chinese exporter(s) that supplied that nonChinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. lotter on DSK11XQN23PROD with NOTICES1 Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protection Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 7 See Pure Magnesium from the People’s Republic of China: Final Results of the 2008–2009 Antidumping Duty Administrative Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 2010). VerDate Sep<11>2014 16:51 Apr 20, 2023 Jkt 259001 written notification of the return of destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a) and 777(i) of the Act, and 19 CFR 351.213(h). Dated: April 13, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–08432 Filed 4–20–23; 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: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) in their five year (sunset) review that revocation of the antidumping duty (AD) order on paper clips from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on paper clips from China. SUMMARY: DATES: Applicable April 21, 2023. FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482–3936. SUPPLEMENTARY INFORMATION: Background On November 25, 1994, Commerce published in the Federal Register the AD order on paper clips from China.1 On September 1, 2022, the ITC 1 See Antidumping Duty Order: Certain Paper Clips From the People’s Republic of China, 59 FR 60606 (November 25, 1994) (Order). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 instituted 2 and Commerce initiated 3 the fifth five-year (sunset) review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its review, Commerce determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the Order would likely lead to a continuation or recurrence of dumping and, therefore, Commerce notified the ITC of the magnitude of the margin of dumping likely to prevail were the Order to be revoked.4 On April 14, 2023, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Order would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Order The products covered by the Order are certain paper clips, wholly of wire of base metal, whether or not galvanized, whether or not plated with nickel or other base metal (e.g., copper), with a wire diameter between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), regardless of physical configuration, except as specifically excluded. The products subject to this investigation may have a rectangular or ring-like shape and include, but are not limited to, clips commercially referred to as ‘No. 1 clips,’ ‘No. 3 clips,’ ‘Jumbo’ or ‘Giant’ clips, ‘Gem clips,’ ‘Frictioned clips,’ ‘Perfect Gems,’ ‘Marcel Gems,’ ‘Universal clips,’ ‘Nifty clips,’ ‘Peerless clips,’ ‘Ring clips,’ and ‘Glide-On clips.’ Specifically excluded from the scope of this Order are plastic and vinyl covered paper clips, butterfly clips, binder clips, or other paper fasteners that are not wholly made of wire of base metal and are covered under a separate subheading of the Harmonized Tariff Schedule of the United States (HTSUS). Also excluded are Pendaflex Pile Smart Label Clips that are not wholly made of wire of base metal but are stainless steel wire attached to molded plastic parts and writeable/rewriteable labels. 2 See Paper Clips From China; Institution of a Five-Year Review, 87 FR 53783 (September 1, 2022). 3 See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727 (September 1, 2022). 4 See Paper Clips from the People’s Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order, 87 FR 79858 (December 28, 2022). 5 See Paper Clips from China, 88 FR 23097 (April 14, 2023). E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices The products subject to the order are currently classifiable under subheading 8305.90.3010 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the Order is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping, and material injury to an industry in the United States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year review of this Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties This five-year (sunset) review and notice are in accordance with sections 751(c) and (d)(2), and 777(i)(1) the Act, and 19 CFR 351.218(f)(4). Dated: April 17, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–08433 Filed 4–20–23; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:51 Apr 20, 2023 Jkt 259001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC805] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys in the New York Bight National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments on proposed authorization and possible renewal. AGENCY: NMFS has received a request from Attentive Energy, LLC (AE) for authorization to take marine mammals incidental to marine site characterization surveys in coastal waters off of New York and New Jersey in the New York Bight, specifically within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (Lease) Area OCS–A 0538 and associated export cable route (ECR) area. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, oneyear renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision. DATES: Comments and information must be received no later than May 22, 2023. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service and should be submitted via email to ITP.lock@ noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments, including all attachments, must not exceed a 25megabyte file size. All comments SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 24553 received are a part of the public record and will generally be posted online at www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Karolyn Lock, Office of Protected Resources, NMFS, (301) 427–8833. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24552-24553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08433]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-826]


Paper Clips From the People's Republic of China: Continuation of 
Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
in their five year (sunset) review that revocation of the antidumping 
duty (AD) order on paper clips from the People's Republic of China 
(China) would likely lead to a continuation or recurrence of dumping 
and material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD order on paper clips from 
China.

DATES: Applicable April 21, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.

SUPPLEMENTARY INFORMATION:

Background

    On November 25, 1994, Commerce published in the Federal Register 
the AD order on paper clips from China.\1\ On September 1, 2022, the 
ITC instituted \2\ and Commerce initiated \3\ the fifth five-year 
(sunset) review of the Order, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). Commerce conducted an expedited 
(120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) 
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its 
review, Commerce determined, pursuant to sections 751(c)(1) and 752(c) 
of the Act, that revocation of the Order would likely lead to a 
continuation or recurrence of dumping and, therefore, Commerce notified 
the ITC of the magnitude of the margin of dumping likely to prevail 
were the Order to be revoked.\4\
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    \1\ See Antidumping Duty Order: Certain Paper Clips From the 
People's Republic of China, 59 FR 60606 (November 25, 1994) (Order).
    \2\ See Paper Clips From China; Institution of a Five-Year 
Review, 87 FR 53783 (September 1, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727 
(September 1, 2022).
    \4\ See Paper Clips from the People's Republic of China: Final 
Results of the Expedited Fifth Sunset Review of the Antidumping Duty 
Order, 87 FR 79858 (December 28, 2022).
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    On April 14, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Paper Clips from China, 88 FR 23097 (April 14, 2023).
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Scope of the Order

    The products covered by the Order are certain paper clips, wholly 
of wire of base metal, whether or not galvanized, whether or not plated 
with nickel or other base metal (e.g., copper), with a wire diameter 
between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), 
regardless of physical configuration, except as specifically excluded. 
The products subject to this investigation may have a rectangular or 
ring-like shape and include, but are not limited to, clips commercially 
referred to as `No. 1 clips,' `No. 3 clips,' `Jumbo' or `Giant' clips, 
`Gem clips,' `Frictioned clips,' `Perfect Gems,' `Marcel Gems,' 
`Universal clips,' `Nifty clips,' `Peerless clips,' `Ring clips,' and 
`Glide-On clips.'
    Specifically excluded from the scope of this Order are plastic and 
vinyl covered paper clips, butterfly clips, binder clips, or other 
paper fasteners that are not wholly made of wire of base metal and are 
covered under a separate subheading of the Harmonized Tariff Schedule 
of the United States (HTSUS).
    Also excluded are Pendaflex Pile Smart Label Clips that are not 
wholly made of wire of base metal but are stainless steel wire attached 
to molded plastic parts and writeable/rewriteable labels.

[[Page 24553]]

    The products subject to the order are currently classifiable under 
subheading 8305.90.3010 of the HTSUS. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the Order is dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping, and material injury to an industry in the United 
States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce 
hereby orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise. The 
effective date of the continuation of the Order will be the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year review of this Order not later than 30 days prior to 
the fifth anniversary of the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    This five-year (sunset) review and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i)(1) the Act, and 19 CFR 
351.218(f)(4).

    Dated: April 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-08433 Filed 4-20-23; 8:45 am]
BILLING CODE 3510-DS-P

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