Paper File Folders From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 31485-31488 [2023-10484]

Download as PDF 31485 Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Notices Tail No. Serial No. Departure/arrival cities Antalya, TR/St. Petersburg, RU. Antalya, TR/Moscow, RU ....... Istanbul, TR/Moscow, RU ...... RA–73218 .............................. 35278 737–8Q8 (B738) .................... RA–73218 .............................. RA–73218 .............................. 35278 35278 737–8Q8 (B738) .................... 737–8Q8 (B738) .................... III. Findings Under the applicable standard set forth in section 766.24 of the Regulations and my review of the entire record, I find that the evidence presented by BIS convincingly demonstrates that Rossiya has acted in violation of the Regulations and the TDO; that such violations have been significant, deliberate and covert; and that given the foregoing and the nature of the matters under investigation, there is a likelihood of imminent violations. Therefore, renewal of the TDO is necessary in the public interest to prevent imminent violation of the Regulations and to give notice to companies and individuals in the United States and abroad that they should avoid dealing with Rossiya, in connection with export and reexport transactions involving items subject to the Regulations and in connection with any other activity subject to the Regulations. IV. Order ddrumheller on DSK120RN23PROD with NOTICES1 Aircraft type It is therefore ordered: First, Rossiya Airlines, Pilotov St. 18– 4, St. Petersburg, Russia, 196210, when acting for or on their behalf, any successors or assigns, agents, or employees may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR including, but not limited to: A. Applying for, obtaining, or using any license (except directly related to safety of flight), license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations, or engaging in any other activity subject to the EAR except directly related to safety of flight and VerDate Sep<11>2014 18:34 May 16, 2023 Jkt 259001 authorized by BIS pursuant to section 764.3(a)(2) of the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or from any other activity subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations. Second, that no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) to or on behalf of Rossiya any item subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by Rossiya of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby Rossiya acquires or attempts to acquire such ownership, possession or control except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from Rossiya of any item subject to the EAR that has been exported from the United States except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations; D. Obtain from Rossiya in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by Rossiya, or service any item, of whatever origin, that is owned, possessed or controlled by Rossiya if such service involves the use of any item subject to the EAR that has been or will be exported from the United States except directly related to safety of flight and authorized by BIS pursuant to section 764.3(a)(2) of the Regulations. For purposes of this PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Dates April 23, 2023. April 22, 2023. January 27, 2023. paragraph, servicing means installation, maintenance, repair, modification, or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to Rossiya by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. In accordance with the provisions of sections 766.24(e) of the EAR, Rossiya may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Rossiya as provided in section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Rossiya, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–10504 Filed 5–16–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–147] Paper File Folders From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: E:\FR\FM\17MYN1.SGM 17MYN1 31486 Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Notices The U.S. Department of Commerce (Commerce) preliminarily determines that paper file folders from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through September 30, 2022. Interested parties are invited to comment on this preliminary determination. SUMMARY: DATES: Applicable May 17, 2023. FOR FURTHER INFORMATION CONTACT: Zachariah Hall, 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) 482–6261. 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 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included 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. ddrumheller on DSK120RN23PROD with NOTICES1 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 67441–47 (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). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Paper File Folders from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 18:34 May 16, 2023 Jkt 259001 Scope of the Investigation The products covered by this investigation are paper file folders from China. 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. Pursuant to sections 776(a) and (b) of the Act, we have preliminarily relied upon facts otherwise available, with adverse inferences for the China-wide entity. The China-wide entity includes CRE8 Direct (Ningbo) Co., Ltd., and Ningbo Guangbo Import & Export Co., Ltd., the companies selected for individual examination, because they failed to respond to Commerce’s antidumping questionnaire, and all other exporters who failed to respond to Commerce’s quantity and value (Q&V) questionnaire and/or failed to submit a separate rate application, as instructed in the Initiation Notice.8 Because no 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). 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. 8 See Initiation Notice, 87 FR at 67446 (‘‘Commerce requires that respondents from China PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 companies are eligible for a rate separate from the China-wide entity, all exporters of Chinese paper file folders are preliminarily found to be part of the China-wide entity. We assigned the highest margin alleged in the Petition 9 (i.e., 192.70 percent) to the China-wide entity as adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice, Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation.10 Policy Bulletin 05.1 describes this practice.11 In this case, because no companies qualified for a separate rate, producer/exporter combination rates were not calculated for this preliminary determination.12 Preliminary Determination Commerce preliminarily determines that the following estimated dumping margin exists: Exporter/producer Estimated dumping margin (percent) China-wide Entity ........................ 192.70 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 and Vietnam submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate-rate status’’). 9 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). The petitioner is the Coalition of Domestic Folder Manufacturers. The members of the Coalition of Domestic Folder Manufacturers are: Smead Manufacturing Company, Inc.; and TOPS Products LLC. 10 Id., 87 FR at 67445–46. 11 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at https://enforcement.trade.gov/policy/bull05-1.pdf. 12 See Preliminary Decision Memorandum. E:\FR\FM\17MYN1.SGM 17MYN1 Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Notices 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price, as indicated in the chart above, as follows: (1) for all Chinese exporters of subject merchandise, the cash deposit rate will be equal to the estimated dumping margin established for the China-wide entity; and (2) for all third-county exporters of subject merchandise, the cash deposit rate is also the cash deposit rate applicable to the China-wide entity. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary determination within five days of its 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). However, because Commerce preliminarily determined that all companies are part of the China-wide entity and assigned as AFA to the China-wide entity a rate that is based solely on the margin alleged in the Petition, there are no calculations to disclose. ddrumheller on DSK120RN23PROD with NOTICES1 Verification Because the mandatory respondents in this investigation did not provide information requested by Commerce by the established deadline and Commerce preliminarily determines in accordance with section 776(b) of the Act that each of the mandatory respondents has been uncooperative, verification will not be conducted. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of the preliminary determination.13 Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.14 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 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 13 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). 14 See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 18:34 May 16, 2023 Jkt 259001 serving documents containing business proprietary information, until further notice.15 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 date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination.16 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 these imports 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). 15 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 16 On April 25, 2023, pursuant to section 735(a)(2)(B) of the Act, the petitioner requested that Commerce postpone the final determination deadline if the preliminary determination is negative. However, as the preliminary determination is affirmative and Commerce has not received a postponement request from exporters who account for a significant proportion of exports of the subject merchandise pursuant to section 735(a)(2)(A) of the Act, the final determination deadline remains 75 days after the date of the preliminary determination in accordance with section 735(a)(1) of the Act. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 31487 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 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 E:\FR\FM\17MYN1.SGM 17MYN1 31488 Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Notices 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. Recommendation [FR Doc. 2023–10484 Filed 5–16–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–834] Paper File Folders From the Socialist Republic of Vietnam: 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 the Socialist Republic of Vietnam (Vietnam) are being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through September 30, 2022. Interested parties are invited to comment on this preliminary determination. DATES: Applicable May 17, 2023. FOR FURTHER INFORMATION CONTACT: Janae Martin or William Horn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:34 May 16, 2023 Jkt 259001 Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0238 or (202) 482–4868, respectively. 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 For a complete description of the events that followed the initiation of this investigation, see the Preliminary 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 product covered by this investigation is paper file folders from Vietnam. For a complete description of the scope of this investigation, see Appendix I. 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 prices in accordance with section 772(a) of the Act. Because Vietnam is a non-market economy country, within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for CRE8 Direct (HK) Co., Limited (CRE8 Direct HK) and Fairton Asia Limited (Fairton), among other companies which did not establish their eligibility for a separate rate and are considered part of the Vietnam-wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Scope Comments In accordance with the Preamble to Commerce’s regulations,4 we set aside a period of time, as stated in the Initiation Vietnam-Wide Entity Notice, for parties to raise issues regarding product coverage (i.e., scope).5 Commerce finds that eight companies, Certain interested parties commented on including CRE8 Direct HK and Fairton, the scope of the investigation as it have not established eligibility for a separate rate and are considered to be 1 See Paper File Folders from the People’s part of the Vietnam-wide entity for the Republic of China, India, and the Socialist Republic preliminary determination.7 For a of Vietnam: Initiation of Less-Than-Fair-Value complete list of these companies, see Investigations, 87 FR 67441 (November 8, 2022) (Initiation Notice). Appendix III. 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). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Paper File Folders from the Socialist Republic of Vietnam,’’ 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). 5 See Initiation Notice, 87 FR at 67442. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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). 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. E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Pages 31485-31488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10484]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-147]


Paper File Folders From the People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value

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


[[Page 31486]]


SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that paper file folders from the People's Republic of China 
(China) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation is April 1, 
2022, through September 30, 2022. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable May 17, 2023.

FOR FURTHER INFORMATION CONTACT: Zachariah Hall, 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) 482-6261.

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\
---------------------------------------------------------------------------

    \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 67441-47 (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).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included 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.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Paper File Folders from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are paper file folders 
from China. 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, 
we have preliminarily relied upon facts otherwise available, with 
adverse inferences for the China-wide entity. The China-wide entity 
includes CRE8 Direct (Ningbo) Co., Ltd., and Ningbo Guangbo Import & 
Export Co., Ltd., the companies selected for individual examination, 
because they failed to respond to Commerce's antidumping questionnaire, 
and all other exporters who failed to respond to Commerce's quantity 
and value (Q&V) questionnaire and/or failed to submit a separate rate 
application, as instructed in the Initiation Notice.\8\ Because no 
companies are eligible for a rate separate from the China-wide entity, 
all exporters of Chinese paper file folders are preliminarily found to 
be part of the China-wide entity. We assigned the highest margin 
alleged in the Petition \9\ (i.e., 192.70 percent) to the China-wide 
entity as adverse facts available (AFA), pursuant to sections 776(a) 
and (b) of the Act. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \8\ See Initiation Notice, 87 FR at 67446 (``Commerce requires 
that respondents from China and Vietnam submit a response to both 
the Q&V questionnaire and the separate rate application by the 
respective deadlines in order to receive consideration for separate-
rate status'').
    \9\ 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). The petitioner is the Coalition of Domestic Folder 
Manufacturers. The members of the Coalition of Domestic Folder 
Manufacturers are: Smead Manufacturing Company, Inc.; and TOPS 
Products LLC.
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice, Commerce stated that it would calculate 
producer/exporter combination rates for the respondents that are 
eligible for a separate rate in this investigation.\10\ Policy Bulletin 
05.1 describes this practice.\11\ In this case, because no companies 
qualified for a separate rate, producer/exporter combination rates were 
not calculated for this preliminary determination.\12\
---------------------------------------------------------------------------

    \10\ Id., 87 FR at 67445-46.
    \11\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
    \12\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
dumping margin exists:

------------------------------------------------------------------------
                                                              Estimated
                                                               dumping
                     Exporter/producer                          margin
                                                              (percent)
------------------------------------------------------------------------
China-wide Entity..........................................      192.70
------------------------------------------------------------------------

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

[[Page 31487]]

351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the weighted-average amount by which normal value exceeds U.S. 
price, as indicated in the chart above, as follows: (1) for all Chinese 
exporters of subject merchandise, the cash deposit rate will be equal 
to the estimated dumping margin established for the China-wide entity; 
and (2) for all third-county exporters of subject merchandise, the cash 
deposit rate is also the cash deposit rate applicable to the China-wide 
entity. These suspension of liquidation instructions will remain in 
effect until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its 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). However, because Commerce 
preliminarily determined that all companies are part of the China-wide 
entity and assigned as AFA to the China-wide entity a rate that is 
based solely on the margin alleged in the Petition, there are no 
calculations to disclose.

Verification

    Because the mandatory respondents in this investigation did not 
provide information requested by Commerce by the established deadline 
and Commerce preliminarily determines in accordance with section 776(b) 
of the Act that each of the mandatory respondents has been 
uncooperative, verification will not be conducted.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary 
determination.\13\ Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case 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.\15\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \14\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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 date and time to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.\16\
---------------------------------------------------------------------------

    \16\ On April 25, 2023, pursuant to section 735(a)(2)(B) of the 
Act, the petitioner requested that Commerce postpone the final 
determination deadline if the preliminary determination is negative. 
However, as the preliminary determination is affirmative and 
Commerce has not received a postponement request from exporters who 
account for a significant proportion of exports of the subject 
merchandise pursuant to section 735(a)(2)(A) of the Act, the final 
determination deadline remains 75 days after the date of the 
preliminary determination in accordance with section 735(a)(1) of 
the Act.
---------------------------------------------------------------------------

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 these imports 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 
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

[[Page 31488]]

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. Recommendation

[FR Doc. 2023-10484 Filed 5-16-23; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.