Certain Lined Paper Products From India and the People's Republic of China: Final Results of Expedited Third Sunset Reviews of the Antidumping Duty Orders, 32187-32188 [2023-10707]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
or a completed railcar. Finishing includes,
but is not limited to, arc washing, welding,
grinding, shot blasting, heat treatment,
machining, and assembly of various parts.
When a subject coupler or subject parts are
mounted on or to other nonsubject
merchandise, such as a railcar, only the
coupler or subject parts are covered by the
scope.
The finished products covered by the
scope of this investigation meet or exceed the
AAR specifications of M–211, ‘‘Foundry and
Product Approval Requirements for the
Manufacture of Couplers, Coupler Yokes,
Knuckles, Follower Blocks, and Coupler
Parts’’ and/or AAR M–215 ‘‘Coupling
Systems,’’ or other equivalent domestic or
international standards (including any
revisions to the standard(s)).
The country of origin for subject couplers
and parts thereof, whether fully assembled,
unfinished or finished, or attached to a
railcar, is the country where the subject
coupler parts were cast or forged. Subject
merchandise includes coupler parts as
defined above that have been further
processed or further assembled, including
those coupler parts attached to a railcar in
third countries. Further processing includes,
but is not limited to, arc washing, welding,
grinding, shot blasting, heat treatment,
painting, coating, priming, machining, and
assembly of various parts. The inclusion,
attachment, joining, or assembly of
nonsubject parts with subject parts or
couplers either in the country of manufacture
of the in-scope product or in a third country
does not remove the subject parts or couplers
from the scope.
The couplers that are the subject of this
investigation are currently classifiable in the
Harmonized Tariff Schedule of the United
States (HTSUS) statistical reporting number
8607.30.1000. Unfinished subject
merchandise may also enter under HTSUS
statistical reporting number 7326.90.8688.
Subject merchandise attached to finished
railcars may also enter under HTSUS
statistical reporting numbers 8606.10.0000,
8606.30.0000, 8606.91.0000, 8606.92.0000,
8606.99.0130, 8606.99.0160, or under
subheading 9803.00.50. Subject merchandise
may also be imported under HTSUS
statistical reporting number 7325.99.5000.
These HTSUS subheadings are provided for
convenience and customs purposes only; the
written description of the scope of this
investigation is dispositive.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Critical Circumstances
Determination
IV. Analysis of Comments
Comment 1: Whether Commerce Should
Reverse its Preliminary Affirmative
Critical Circumstances Determinations
Comment 2: Whether Commerce Should
Terminate the Investigation
V. Recommendation
[FR Doc. 2023–10779 Filed 5–18–23; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843, A–570–901]
Certain Lined Paper Products From
India and the People’s Republic of
China: Final Results of Expedited Third
Sunset Reviews of the Antidumping
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited
sunset reviews, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) orders on certain lined paper
products from India and the People’s
Republic of China (China) would be
likely to lead to continuation or
recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Applicable May 19, 2023.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7851.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 1, 2023, Commerce
published the notice of initiation of the
sunset reviews of the Orders on certain
lined paper products from China and
India,1 pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 On February 15, 2023, Commerce
received a notice of intent to participate
from the domestic interested party for
both of the Orders in accordance with
19 CFR 351.218(d)(1)(i).3 The domestic
interested party claimed domestic
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Lined Paper
Products from the People’s Republic of China;
Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the
People’s Republic of China; and Notice of
Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949
(September 28, 2006) (Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 6700 (February 1, 2023).
3 The domestic interested party is the Association
of American School Paper Suppliers (AASPS).
AASPS consists of the following members: ACCO
Brands USA LLC, Norcom Inc., and Top Flight Inc.
The members of AASPS are domestic producers of
lined paper products. See Domestic Interested
Party’s Letters, ‘‘Certain Lined Paper Products from
The People’s Republic of China: Notice of Intent to
Participate in Sunset Review,’’ dated February 15,
2023 (NOI China); and ‘‘Certain Lined Paper
Products from India: Notice of Intent to Participate
in Sunset Review,’’ dated February 15, 2023 (NOI
India).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
32187
interested party status under section
771(9)(C) of the Act, as each member of
the association is a manufacturer of the
domestic like product in the United
States.4 On March 2, 2023, the domestic
interested party filed timely substantive
responses within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).5
Commerce did not receive a substantive
response from any other interested
parties with respect to the Orders
covered by these sunset reviews, nor
was a hearing requested. On March 23,
2023, Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.6 As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is
conducting expedited (120-day) sunset
reviews of these Orders.
Scope of the Orders
The product covered by these Orders
is certain lined paper products from
China and India. For a full description
of the scope, see the Issues and Decision
Memorandum.7
Analysis of Comments Received
All issues raised in these sunset
reviews are addressed in the Issues and
Decision Memorandum, including the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins of dumping likely to prevail if
these Orders were revoked. A list of
topics discussed in the Issues and
Decision Memorandum is included as
an appendix to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. A complete version of
the Issues and Decision Memorandum
can be accessed directly at https://
access.trade.gov/public/FRNotices/
ListLayout.aspx. A list of the issues
4 See
NOI China at 2; see also NOI India at 2.
Domestic Interested Party’s Letters, ‘‘Certain
Lined Paper Products from China: Substantive
Response to Notice of Initiation,’’ dated March 2,
2023 (Substantive Response China); and ‘‘Certain
Lined Paper Products from India: Substantive
Response to Notice of Initiation,’’ dated March 2,
2023 (Substantive Response India).
6 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on February 1, 2023,’’ dated March 23,
2023.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Third
Expedited Sunset Reviews: Certain Lined Paper
Products from India and the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
5 See
E:\FR\FM\19MYN1.SGM
19MYN1
32188
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
discussed in the decision memorandum
is attached as an appendix to this
notice.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c)
of the Act, Commerce determines that
revocation of the Orders would be likely
to lead to continuation or recurrence of
dumping, and that the magnitude of the
dumping margins likely to prevail
would be weighted-average margins of
up to 23.17 percent for India and up to
258.21 percent for China.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely
notification of the destruction of APO
materials or conversion to judicial
protective orders is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218(e)(1)(ii)(C)(2) and
19 CFR 351.221(c)(5)(ii).
Dated: May 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
ddrumheller on DSK120RN23PROD with NOTICES1
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins Likely to
Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–10707 Filed 5–18–23; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
petitioner filed timely responses to
these requests on May 1, 3, 8, and 10,
International Trade Administration
2023.3
In accordance with section 732(b) of
[A–533–914, A–557–824, A–549–846, A–583–
the
Tariff Act of 1930, as amended (the
871, A–552–835]
Act), the petitioner alleges that imports
of boltless steel shelving from India,
Boltless Steel Shelving Units
Malaysia, Taiwan, Thailand, and
Prepackaged for Sale From India,
Vietnam are being, or are likely to be,
Malaysia, Taiwan, Thailand and the
sold in the United States at less than fair
Socialist Republic of Vietnam:
value (LTFV) within the meaning of
Initiation of Less-Than-Fair-Value
section 731 of the Act, and that imports
Investigations
of such products are materially injuring,
AGENCY: Enforcement and Compliance,
or threatening material injury to, the
International Trade Administration,
boltless steel shelving industry in the
Department of Commerce.
United States. Consistent with section
732(b)(1) of the Act, the Petitions were
DATES: Applicable May 15, 2023.
accompanied by information reasonably
FOR FURTHER INFORMATION CONTACT:
available to the petitioner supporting its
Andrew Huston (India), Samuel Frost
allegations.
(Malaysia), Joy Zhang (Taiwan), Fred
Commerce finds that the petitioner
Baker (Thailand), or Whitley Herndon
filed
the Petitions on behalf of the
(the Socialist Republic of Vietnam
(Vietnam)); AD/CVD Operations, Offices
Boltless Steel Shelving Units Prepackaged for Sale
VII, V, VI, and III, respectively,
from Taiwan—Phone Call with Counsel to the
Enforcement and Compliance,
Petitioner,’’ dated May 8, 2023; and Memorandum,
‘‘Phone Call with Counsel to the Petitioner,’’ dated
International Trade Administration,
May 10, 2023 (Scope Memorandum).
U.S. Department of Commerce, 1401
3 See Petitioner’s Letters, ‘‘Boltless Steel Shelving
Constitution Avenue NW, Washington,
from India, Malaysia, Taiwan, Thailand, and
DC 20230; telephone: (202) 482–8180,
Vietnam—Petitioner’s Supplement to Volume I
Relating to Request for the Imposition of
(202) 482–6274, (202) 482–4261, (202)
Antidumping Duties on Imports from India,
482–2924, or (202) 482–1168,
Malaysia, Taiwan, Thailand, and Vietnam,’’ dated
respectively.
May 1, 2023 (General Issues Supplement);
‘‘Petitioner’s Response to the Department’s
SUPPLEMENTARY INFORMATION:
Supplemental Questionnaire Regarding Volume II
DEPARTMENT OF COMMERCE
The Petitions
On April 25, 2023, the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of boltless
steel shelving units prepackaged for sale
(boltless steel shelving) from India,
Malaysia, Taiwan, Thailand, and
Vietnam filed in proper form on behalf
of Edsal Manufacturing Co., Inc. (the
petitioner), a domestic producer of
boltless steel shelving.1
On April 27 and 28 and May 8 and
10, 2023, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions.2 The
1 See Petitioner’s Letter, ‘‘Boltless Steel Shelving
Units Prepackaged for Sale from India, Malaysia,
Taiwan, Thailand, and Vietnam—Petition for the
Imposition of Antidumping Duties,’’ dated April 25,
2023 (Petitions).
2 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Boltless Steel Shelving Units Prepackaged for Sale
from India, Malaysia, Taiwan, Thailand, and the
Socialist Republic of Vietnam: Supplemental
Questions,’’ dated April 27, 2023 (General Issues
Questionnaire); and Country-SpecificQuestionnaires: India Supplemental, Malaysia
Supplemental, Taiwan Supplemental, Thailand
Supplemental, and Vietnam Supplemental, dated
April 28, 2023; see also Country-Specific
Memoranda: India Memorandum, Malaysia
Memorandum, Taiwan Memorandum, Thailand
Memorandum, and Vietnam Memorandum, dated
May 5, 2023; Memorandum, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
of the Petition for the Imposition of Antidumping
Duties on Imports from India,’’ dated May 3, 2023;
‘‘Petitioner’s Response to the Department’s
Supplemental Questionnaire Regarding Volume III
of the Petition for the Imposition of Antidumping
Duties on Imports from Malaysia,’’ dated May 3,
2023; ‘‘Petitioner’s Response to the Department’s
Supplemental Questionnaire Regarding Volume IV
of the Petition for the Imposition of Antidumping
Duties on Imports from Taiwan,’’ dated May 3,
2023; ‘‘Petitioner’s Response to the Department’s
Supplemental Questionnaire Regarding Volume V
of the Petition for the Imposition of Antidumping
Duties on Imports from Thailand,’’ dated May 3,
2023; ‘‘Petitioner’s Response to the Department’s
Supplemental Questionnaire Regarding Volume VI
of the Petition for the Imposition of Antidumping
Duties on Imports from Vietnam,’’ dated May 3,
2023; ‘‘Petitioner’s Response to the Department’s
Second Supplemental Questionnaire Regarding
Volume II of the Petition for the Imposition of
Antidumping Duties on Imports from India,’’ dated
May 8, 2023; ‘‘Petitioner’s Response to the
Department’s Second Supplemental Questionnaire
Regarding Volume III of the Petition for the
Imposition of Antidumping Duties on Imports from
Malaysia,’’ dated May 8, 2023; ‘‘Petitioner’s
Response to the Department’s Second Supplemental
Questionnaire Regarding Volume IV of the Petition
for the Imposition of Antidumping Duties on
Imports from Taiwan,’’ dated May 8, 2023;
‘‘Petitioner’s Response to the Department’s Second
Supplemental Questionnaire Regarding Volume V
of the Petition for the Imposition of Antidumping
Duties on Imports from Thailand,’’ dated May 8,
2023; ‘‘Petitioner’s Response to the Department’s
Second Supplemental Questionnaire Regarding
Volume VI of the Petition for the Imposition of
Antidumping Duties on Imports from Vietnam,’’
dated May 8, 2023; and ‘‘Petitioner’s 2nd
Supplement to Volume I Relating to Request for the
Imposition of Antidumping Duties on Imports from
India, Malaysia, Taiwan, Thailand, and Vietnam,’’
dated May 10, 2023 (Scope Supplement).
E:\FR\FM\19MYN1.SGM
19MYN1
]]>Agencies
[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32187-32188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10707]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843, A-570-901]
Certain Lined Paper Products From India and the People's Republic
of China: Final Results of Expedited Third Sunset Reviews of the
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) orders on certain lined paper products from India
and the People's Republic of China (China) would be likely to lead to
continuation or recurrence of dumping at the levels indicated in the
``Final Results of Review'' section of this notice.
DATES: Applicable May 19, 2023.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7851.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2023, Commerce published the notice of initiation of
the sunset reviews of the Orders on certain lined paper products from
China and India,\1\ pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act).\2\ On February 15, 2023, Commerce received
a notice of intent to participate from the domestic interested party
for both of the Orders in accordance with 19 CFR 351.218(d)(1)(i).\3\
The domestic interested party claimed domestic interested party status
under section 771(9)(C) of the Act, as each member of the association
is a manufacturer of the domestic like product in the United States.\4\
On March 2, 2023, the domestic interested party filed timely
substantive responses within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response
from any other interested parties with respect to the Orders covered by
these sunset reviews, nor was a hearing requested. On March 23, 2023,
Commerce notified the U.S. International Trade Commission that it did
not receive an adequate substantive response from respondent interested
parties.\6\ As a result, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting expedited
(120-day) sunset reviews of these Orders.
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value: Certain Lined Paper Products from the People's
Republic of China; Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the People's Republic of
China; and Notice of Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949 (September 28, 2006)
(Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700
(February 1, 2023).
\3\ The domestic interested party is the Association of American
School Paper Suppliers (AASPS). AASPS consists of the following
members: ACCO Brands USA LLC, Norcom Inc., and Top Flight Inc. The
members of AASPS are domestic producers of lined paper products. See
Domestic Interested Party's Letters, ``Certain Lined Paper Products
from The People's Republic of China: Notice of Intent to Participate
in Sunset Review,'' dated February 15, 2023 (NOI China); and
``Certain Lined Paper Products from India: Notice of Intent to
Participate in Sunset Review,'' dated February 15, 2023 (NOI India).
\4\ See NOI China at 2; see also NOI India at 2.
\5\ See Domestic Interested Party's Letters, ``Certain Lined
Paper Products from China: Substantive Response to Notice of
Initiation,'' dated March 2, 2023 (Substantive Response China); and
``Certain Lined Paper Products from India: Substantive Response to
Notice of Initiation,'' dated March 2, 2023 (Substantive Response
India).
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on
February 1, 2023,'' dated March 23, 2023.
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these Orders is certain lined paper products
from China and India. For a full description of the scope, see the
Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Third Expedited Sunset Reviews: Certain Lined
Paper Products from India and the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
Issues and Decision Memorandum, including the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
of dumping likely to prevail if these Orders were revoked. A list of
topics discussed in the Issues and Decision Memorandum is included as
an appendix to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. A complete version of the Issues and Decision
Memorandum can be accessed directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx. A list of the issues
[[Page 32188]]
discussed in the decision memorandum is attached as an appendix to this
notice.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c) of the Act, Commerce
determines that revocation of the Orders would be likely to lead to
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail would be weighted-average margins of
up to 23.17 percent for India and up to 258.21 percent for China.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely notification of the
destruction of APO materials or conversion to judicial protective
orders is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR
351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: May 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-10707 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-DS-P
