Paper File Folders From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 31490-31493 [2023-10482]
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31490
Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Notices
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce’s final
determination will be issued no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: May 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The products within the scope of the
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;
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• binders, with two or more rings to hold
documents in place, made from paperboard
or pressboard encased entirely in plastic;
• binders consisting of a front cover, back
cover, and spine, with or without a flap; to
be excluded, a mechanism with two or more
metal rings must be included on or adjacent
to the interior spine;
• 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;
• folders that have an outer surface (other
than the gusset, handles, and/or closing
mechanisms, if any) 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), 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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Selection of Respondents
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix III
Companies Preliminarily Not Eligible for a
Separate Rate and Treated as Part of the
Vietnam-Wide Entity
1. Changyuan Vietnam Co., Ltd.
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2. CRE8 Direct (HK) Co., Limited
3. Deli Vietnam Co., Ltd.
4. Fairton Asia Limited
5. Fuda Stationery (Vietnam) Factory
6. Guangbo Vietnam Company, Ltd.
7. Vietnam Cailan Industry Co., Ltd.
8. Teamade Stationery Vietnam Co., Ltd.
[FR Doc. 2023–10483 Filed 5–16–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–910]
Paper File Folders From India:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that paper file folders from
India are being, or are likely to be, sold
in the United States at less than fair
value (LTFV). The period of
investigation is October 1, 2021, through
September 30, 2022. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable May 17, 2023.
FOR FURTHER INFORMATION CONTACT: Eric
Hawkins, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1988.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 8, 2022.1 On February 13,
2023, Commerce postponed the
preliminary determination of this
investigation until May 10, 2023.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
1 See Paper File Folders from the People’s
Republic of China, India, and the Socialist Republic
of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 87 FR 67441 (November 8, 2022)
(Initiation Notice).
2 See Paper File Folders from the People’s
Republic of China, India, and the Socialist Republic
of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 88 FR 9226 (February 13, 2023).
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Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Notices
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. 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.
Scope of the Investigation
The products covered by this
investigation are paper file folders from
India. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 we set aside a
period of time, as stated in the Initiation
Notice, for parties to raise issues
regarding product coverage (i.e., scope).5
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice. For a
summary of the product coverage
comments on the record of this
investigation, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
The deadline to submit scope case
briefs is established in the Preliminary
Scope Decision Memorandum. There
will be no further opportunity to
comment on scope-related issues.7
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export price for Navneet
Education Limited (Navneet) in
accordance with section 772(a) of the
Act. Normal value for Navneet is
calculated using constructed value in
accordance with section 773 of the Act.
In addition, Commerce has relied on
facts available with an adverse inference
in determining a weighted-average
dumping margin for Kokuyo Riddhi
Paper Products Pvt. Ltd (Kokuyo) and
LGPL Paper Industries Pvt (LGPL) under
sections 776(a) and (b) of the Act. For
a full description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination, Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Navneet, the only
individually examined exporter/
producer which is participating in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Navneet is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated weightedaverage dumping
margin
(percent)
Producer/exporter
Navneet Education Limited ..............................................................................................................
Kokuyo Riddhi Paper Products Pvt. Ltd ..........................................................................................
LGPL Paper Industries Pvt ..............................................................................................................
All Others .........................................................................................................................................
15.07
* 86.01
* 86.01
15.07
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
11.42
* 82.36
* 82.36
11.42
ddrumheller on DSK120RN23PROD with NOTICES1
* Adverse Facts Available (AFA).
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Paper File
Folders from India,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
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the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
5 See
Initiation Notice, 87 FR at 67442.
Memorandum, ‘‘Antidumping Duty
Investigations and Countervailing Duty
Investigation of Paper File Folders from the
People’s Republic of China, India, and the Socialist
Republic of Vietnam: Preliminary Scope Decision
Memorandum,’’ dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
6 See
PO 00000
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that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding
7 Case briefs and rebuttal briefs submitted in
response to this preliminary LTFV determination
should not include scope-related issues. See
Preliminary Scope Decision Memorandum and the
‘‘Public Comment’’ section of this notice, infra.
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Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Notices
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.8
Any such adjusted cash deposit rate
may be found in the ‘‘Preliminary
Determination’’ section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Because Kokuyo
and LGPL did not provide information
requested by Commerce, and Commerce
preliminarily determines both
respondents to have been
uncooperative, we will not conduct
verification of the information reported
by Kokuyo and LGPL.
ddrumheller on DSK120RN23PROD with NOTICES1
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
8 See
Paper File Folders from India: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Determination With the Final
Antidumping Duty Determination, 88 FR 16590
(March 20, 2023), and accompanying Preliminary
Decision Memorandum.
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On April 21, 2023, pursuant to 19
CFR 351.210(e), Navneet requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11 On April 25, 2023,
the Coalition of Domestic Folder
Manufacturers (the petitioner) 12
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
11 See Navneet’s Letter, ‘‘Navneet Extension
Request for Final Determination,’’ dated April 21,
2023.
12 The members of the Coalition of Domestic
Folder Manufacturers are: Smead Manufacturing
Company, Inc.; and TOPS Products LLC.
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requested that, pursuant to 19 CFR
351.210(e), Commerce postpone the
final determination in the event of a
negative preliminary determination.13
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, pursuant to
section 735(a)(2) of the Act, Commerce
will make its final determination no
later than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of paper file folders from India
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: May 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
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
13 See Petitioner’s Letter, ‘‘Paper File Folders from
China, India, and Vietnam/Petitioner’s Request for
Postponement of the Final Determination,’’ dated
April 25, 2023.
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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;
• binders consisting of a front cover, back
cover, and spine, with or without a flap; to
be excluded, a mechanism with two or more
metal rings must be included on or adjacent
to the interior spine;
• 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;
• folders that have an outer surface (other
than the gusset, handles, and/or closing
mechanisms, if any) 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), 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
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convenience and customs purposes, the
written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of
Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–10482 Filed 5–16–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD012]
Pacific Fishery Management Council;
Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Pacific Fishery
Management Council (Pacific Council)
will convene three Stock Assessment
Review (STAR) Panel meetings to
review 2023 stock assessments for
copper rockfish in California, rex sole,
shortspine thornyhead, black rockfish,
petrale sole, and canary rockfish. The
meetings will be co-hosted by the NMFS
Northwest and Southwest Fisheries
Science Centers. STAR panel meetings
are open to the public and being
conducted in person with a web
broadcast that provides the opportunity
for remote listening and public
comment.
SUMMARY:
The STAR panel meeting (STAR
Panel 1) to review new assessments for
copper rockfish in California, rex sole,
and shortspine thornyhead will be held
Monday, June 5, 2023 and will continue
through Friday, June 9, 2023, from 8:30
a.m. until 5:30 p.m. (Pacific Daylight
Time) each day, or when business for
the day has been completed.
The STAR panel meeting (STAR
Panel 2) to review new assessments for
black rockfish will be held Monday, July
10, 2023 and will continue through
Friday, July 14, 2023, beginning at 8:30
a.m. and ending at 5:30 p.m. each day,
or when business for the day has been
completed.
The STAR panel meeting (STAR
Panel 3) to review new assessments for
DATES:
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31493
petrale sole and canary rockfish will be
held Monday, July 24, 2023 and will
continue through Friday, July 28, 2023,
from 8:30 a.m. until 5:30 p.m. (Pacific
Daylight Time) or when business for the
day has been completed.
ADDRESSES: The STAR panels for copper
rockfish in California, rex sole, and
shortspine thornyhead (STAR Panel 1),
and for petrale sole and canary rockfish
(STAR Panel 3) will be held in the
Auditorium at the National Marine
Fisheries Service, Northwest Fisheries
Science Center, 2725 Montlake
Boulevard E, Seattle, WA 98112;
telephone: (206) 860–3200.
The STAR panel for black rockfish
(STAR Panel 2) will be held at the
National Marine Fisheries Service,
Southwest Fisheries Science Center,
Santa Cruz Laboratory, 110 McAllister
Way, Santa Cruz, CA 95060; telephone:
(831) 420–3900.
These meetings are being conducted
in person with a web broadcast that
provides the opportunity for remote
public comment. Specific meeting
information, materials, visitor protocols,
and instructions for how to connect to
the meeting remotely will be provided
in the meeting announcement on the
Pacific Council’s website (see
www.pcouncil.org). In the event an
outage occurs, or technical issues arise
that impact the experience of remote
attendees, we will attempt to resolve
them but ultimately, we cannot
guarantee that they will be resolved
satisfactorily.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT: Dr.
Owen Hamel, NMFS Northwest
Fisheries Science Center; telephone:
(206) 860–3481; or Marlene A. Bellman,
Staff Officer, Pacific Council; telephone:
(503) 820–2414, email:
marlene.bellman@noaa.gov.
SUPPLEMENTARY INFORMATION: The
purpose of the STAR Panels is to review
draft 2023 stock assessment documents
and any other pertinent information for
copper rockfish in California, rex sole,
shortspine thornyhead, black rockfish,
petrale sole, and canary rockfish; work
with the Stock Assessment Teams to
make necessary revisions; and produce
STAR Panel reports for use by the
Pacific Council and other interested
persons for developing management
recommendations for fisheries in 2025
and beyond. The review panels will
consist of members of the Pacific
Council’s Scientific and Statistical
Committee’s Groundfish Subcommittee,
at least one independent expert from the
E:\FR\FM\17MYN1.SGM
17MYN1
]]>Agencies
[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Pages 31490-31493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10482]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-910]
Paper File Folders From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that paper file folders from India are being, or are likely
to be, sold in the United States at less than fair value (LTFV). The
period of investigation is October 1, 2021, through September 30, 2022.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 17, 2023.
FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November 8,
2022.\1\ On February 13, 2023, Commerce postponed the preliminary
determination of this investigation until May 10, 2023.\2\
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\1\ See Paper File Folders from the People's Republic of China,
India, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 87 FR 67441 (November 8, 2022)
(Initiation Notice).
\2\ See Paper File Folders from the People's Republic of China,
India, and the Socialist Republic of Vietnam: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigations, 88 FR 9226 (February 13, 2023).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary
[[Page 31491]]
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. 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.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Paper File Folders from India,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are paper file folders
from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ we
set aside a period of time, as stated in the Initiation Notice, for
parties to raise issues regarding product coverage (i.e., scope).\5\
Certain interested parties commented on the scope of the investigation
as it appeared in the Initiation Notice. For a summary of the product
coverage comments on the record of this investigation, and accompanying
discussion and analysis of all comments timely received, see the
Preliminary Scope Decision Memorandum.\6\ As discussed in the
Preliminary Scope Decision Memorandum, Commerce is preliminarily
modifying the scope language as it appeared in the Initiation Notice.
See the revised scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 87 FR at 67442.
\6\ See Memorandum, ``Antidumping Duty Investigations and
Countervailing Duty Investigation of Paper File Folders from the
People's Republic of China, India, and the Socialist Republic of
Vietnam: Preliminary Scope Decision Memorandum,'' dated concurrently
with this notice (Preliminary Scope Decision Memorandum).
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The deadline to submit scope case briefs is established in the
Preliminary Scope Decision Memorandum. There will be no further
opportunity to comment on scope-related issues.\7\
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\7\ Case briefs and rebuttal briefs submitted in response to
this preliminary LTFV determination should not include scope-related
issues. See Preliminary Scope Decision Memorandum and the ``Public
Comment'' section of this notice, infra.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export price for
Navneet Education Limited (Navneet) in accordance with section 772(a)
of the Act. Normal value for Navneet is calculated using constructed
value in accordance with section 773 of the Act. In addition, Commerce
has relied on facts available with an adverse inference in determining
a weighted-average dumping margin for Kokuyo Riddhi Paper Products Pvt.
Ltd (Kokuyo) and LGPL Paper Industries Pvt (LGPL) under sections 776(a)
and (b) of the Act. For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Navneet, the only individually examined exporter/
producer which is participating in this investigation. Because the only
individually calculated dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Navneet is the margin assigned to
all other producers and exporters, pursuant to section 735(c)(5)(A) of
the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Cash deposit rate
Estimated weighted- (adjusted for
Producer/exporter average dumping subsidy offsets)
margin (percent) (percent)
------------------------------------------------------------------------
Navneet Education Limited... 15.07 11.42
Kokuyo Riddhi Paper Products * 86.01 * 82.36
Pvt. Ltd...................
LGPL Paper Industries Pvt... * 86.01 * 82.36
All Others.................. 15.07 11.42
------------------------------------------------------------------------
* Adverse Facts Available (AFA).
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding
[[Page 31492]]
when CVD provisional measures are in effect. Accordingly, where
Commerce preliminarily made an affirmative determination for
countervailable export subsidies, Commerce has offset the estimated
weighted-average dumping margin by the appropriate CVD rate.\8\ Any
such adjusted cash deposit rate may be found in the ``Preliminary
Determination'' section above.
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\8\ See Paper File Folders from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With the Final Antidumping Duty Determination, 88 FR
16590 (March 20, 2023), and accompanying Preliminary Decision
Memorandum.
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Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Because Kokuyo and LGPL did not provide information requested by
Commerce, and Commerce preliminarily determines both respondents to
have been uncooperative, we will not conduct verification of the
information reported by Kokuyo and LGPL.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\10\
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On April 21, 2023, pursuant to 19 CFR 351.210(e), Navneet requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\11\ On April
25, 2023, the Coalition of Domestic Folder Manufacturers (the
petitioner) \12\ requested that, pursuant to 19 CFR 351.210(e),
Commerce postpone the final determination in the event of a negative
preliminary determination.\13\ In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
pursuant to section 735(a)(2) of the Act, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\11\ See Navneet's Letter, ``Navneet Extension Request for Final
Determination,'' dated April 21, 2023.
\12\ The members of the Coalition of Domestic Folder
Manufacturers are: Smead Manufacturing Company, Inc.; and TOPS
Products LLC.
\13\ See Petitioner's Letter, ``Paper File Folders from China,
India, and Vietnam/Petitioner's Request for Postponement of the
Final Determination,'' dated April 25, 2023.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of paper file folders from India are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: May 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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
[[Page 31493]]
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;
binders consisting of a front cover, back cover, and
spine, with or without a flap; to be excluded, a mechanism with two
or more metal rings must be included on or adjacent to the interior
spine;
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;
folders that have an outer surface (other than the
gusset, handles, and/or closing mechanisms, if any) 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), 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-10482 Filed 5-16-23; 8:45 am]
BILLING CODE 3510-DS-P
