Paper File Folders From the Socialist Republic of Vietnam: Amended Preliminary Determination of Less-Than-Fair-Value Investigation, 39825-39827 [2023-13014]
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Notices
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the company listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not covered in
this review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment in which
the company was reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
LTFV investigation, but the producer is,
then the cash deposit rate will be the
cash deposit rate established for the
most recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 10.26 percent, the
all-others rate established in the LTFV
investigation.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
VI. Recommendation
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Background
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Because we did not receive any
requests for review of the Order, the
initiation of the administrative review
was in error. Therefore, we are
rescinding the administrative review of
lotter on DSK11XQN23PROD with NOTICES1
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
17 See
Order.
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16:52 Jun 16, 2023
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–807]
Sulfanilic Acid From India: Rescission
of Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding the
administrative review of the
countervailing duty (CVD) order on
sulfanilic acid from India, covering the
period January 1, 2022, through
December 31, 2022.
DATES: Applicable June 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, 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) 482–5848.
SUPPLEMENTARY INFORMATION:
AGENCY:
On March 2, 2023, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the CVD order
on sulfanilic acid from India,1 covering
the period January 1, 2022, through May
8, 2022.2 We received no requests for
administrative review. However, on
May 9, 2023, Commerce inadvertently
initiated a review of the Order, covering
the period January 1, 2022, through
December 31, 2022.3
Rescission of Review
Countervailing Duty Order: Sulfanilic Acid
from India, 58 FR 12026 (March 2, 1993) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 13091 (March 2, 2023).
The Order was revoked, effective May 9, 2022. See
Antidumping Duty Orders on Sulfanilic Acid from
India and the People’s Republic of China and
Countervailing Duty Order on Sulfanilic Acid from
India: Final Results of Sunset Reviews and
Revocation of Orders, 87 FR 35968 (June 14, 2022)
(Revocation).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881 (May 9, 2023).
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the Order covering the period January 1,
2022, through December 31, 2022.
Assessment
Commerce intends to instruct U.S.
Customs and Border Protection to assess
antidumping or countervailing duties on
any entries made during the period
January 1, 2022, through May 8, 2022,
at a rate equal to the cash deposit of
estimated countervailing duties required
on those entries at the time of entry, or
withdrawal from warehouse, for
consumption.
Cash Deposit Requirements
Because the Order has been revoked,4
there are no cash deposit requirements
currently in effect.
Administrative Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of the APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with regulations and
terms of an APO is a violation, which
is subject to sanction.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(l) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: June 7, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–13061 Filed 6–16–23; 8:45 am]
BILLING CODE 3510–DS–P
1 See
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
[FR Doc. 2023–13060 Filed 6–16–23; 8:45 am]
39825
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–834]
Paper File Folders From the Socialist
Republic of Vietnam: Amended
Preliminary Determination of LessThan-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
preliminary affirmative antidumping
AGENCY:
4 See
E:\FR\FM\20JNN1.SGM
Revocation.
20JNN1
39826
Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Notices
duty determination on paper file folders
from the Socialist Republic of Vietnam
(Vietnam) to correct a significant
ministerial error.
DATES:
Applicable June 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Scope of the Investigation
The products covered by this
investigation are paper file folders from
Vietnam. For a complete description of
the scope of this investigation, see
Appendix.
Period of Investigation
Analysis of Significant Ministerial
Error Allegation
Commerce will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination according to 19 CFR
351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ‘‘an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’ 5 A significant ministerial
error is defined as a ministerial error,
the correction of which, singly or in
combination with other errors, would
result in: (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
margin of zero (or de minimis) and a
weighted-average dumping margin
greater than de minimis, or vice versa.6
The period of investigation (POI) is
April 1, 2022, through September 30,
2022.
Amended Preliminary Determination
Pursuant to 19 CFR 351.224(e) and
(g)(1), Commerce is amending the
Janae´ Martin or William Horn, 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) 482–0238 or (202) 482–4868,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2023, Commerce
published its preliminary affirmative
determination in the less-than-fair-value
investigation of paper file folders from
Vietnam.1 On May 16, 2023, we
received a timely ministerial error
allegation from Three-Color Stone
Stationary (Viet Nam) Company Limited
(TCS) that Commerce made significant
ministerial errors in the Preliminary
Determination with respect to TCS’s
weighted-average dumping margin.2 On
May 18, 2023, the petitioner 3 submitted
timely rebuttal comments to TCS’s
ministerial error allegation.4
Exporter
Preliminary Determination to reflect the
correction of a ministerial error made in
the calculation of the weighted-average
dumping margin for TCS.7 Specifically,
when calculating surrogate value
expenses for TCS, we inadvertently
failed to convert the unit of measure for
movement expenses. Commerce finds
that this ministerial error is a significant
ministerial error within the meaning of
19 CFR 351.224(g), because correction of
this error decreases TCS’s weightedaverage dumping margin of 324.70 to
93.64 percent, which is a change that is
at least five absolute percentage points
in, but not less than 25 percent of, the
weighted-average dumping margin
calculated for TCS in the original
Preliminary Determination.
Furthermore, as TCS’s amended
preliminary weighted-average dumping
margin is now below the highest
petition margin of 233.93 percent,8 we
compared this petition rate to TCS’s
highest individual dumping margins
and found the petition rate to be within
the range of the highest calculated
individual dumping margins.
Accordingly, we assigned to the
Vietnam-wide entity a dumping margin
of 233.93 percent. For a complete
discussion of the alleged ministerial
errors, see the Preliminary Ministerial
Error Memo.
Amended Preliminary Determination
As a result of correcting this
ministerial error, Commerce determines
the following weighted-average
dumping margins exist:
Estimated
weighted-average
dumping margin
(percent)
Producer
Three-Color Stone Stationary (Viet Nam) Company Limited ..
Three-Color Stone Stationary (Viet Nam) Company Limited
Vietnam-Wide Entity
Amended Cash Deposits and
Suspension of Liquidation
lotter on DSK11XQN23PROD with NOTICES1
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates calculated
in this amended preliminary
determination, in accordance with
1 See 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, 88 FR 31488
(May 17, 2023) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See TCS’s Letter, ‘‘Three-Color Stone Stationery
(Viet Nam) Company Limited: Request for
Correction of Ministerial Error in the Preliminary
VerDate Sep<11>2014
16:52 Jun 16, 2023
Jkt 259001
93.64
233.93
section 733(d) of the Act. Because the
amended rates for TCS and the Vietnamwide entity result in decreased cash
deposits, they will be effective
retroactively to May 17, 2023, the date
of publication of the Preliminary
Determination. We will also instruct
U.S. Customs and Border Protection
(CBP) to issue instructions for
requesting a refund of the difference
between the amount of cash deposits
paid as a result of the application of the
original preliminary determination rates
and the amount due as a result of the
amended preliminary determination
rates.
Results, including Customs Instructions,’’ dated
May 16, 2023 (TCS Ministerial Error Comments).
3 The petitioner in this investigation is the
Coalition of Domestic File Folders Manufacturers.
4 See Petitioner’s Letter, ‘‘Petitioner’s Rebuttal to
Ministerial Error Comments,’’ dated May 18, 2023
(Petitioner Ministerial Error Rebuttal Comments).
5 See section 735(e) of the Tariff Act of 1930, as
amended (the Act).
6 See 19 CFR 351.224(g).
7 See Memorandum, ‘‘Less Than Fair Value
Investigation of Paper File Folders from the
Socialist Republic of Vietnam: Allegation of
Significant Ministerial Errors in the Preliminary
Determination,’’ dated concurrently with this notice
(Preliminary Ministerial Error Memo).
8 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, 67445 (November 8,
2022) (Initiation Notice).
PO 00000
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Notices
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the amended
preliminary determination, in
accordance with 19 CFR 351.224(b).
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we will notify the International
Trade Commission of our amended
preliminary determination.
Notification to Interested Parties
This amended preliminary
determination is issued and published
pursuant to sections 733(d) and 777(i) of
the Act and 19 CFR 351.224(e).
Dated: June 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix—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;
• 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);
VerDate Sep<11>2014
16:52 Jun 16, 2023
Jkt 259001
• 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.
[FR Doc. 2023–13014 Filed 6–16–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 220208–0264]
National Cybersecurity Center of
Excellence (NCCoE) Cybersecurity for
the Water and Wastewater Sector: A
Practical Reference Design for
Mitigating Cyber Risk in Water and
Wastewater Systems
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice.
AGENCY:
The National Institute of
Standards and Technology (NIST)
invites organizations to provide letters
of interest describing products and
technical expertise to support and
SUMMARY:
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39827
demonstrate security platforms for the
Cybersecurity for the Water and
Wastewater Sector: A Practical
Reference Design for Mitigating Cyber
Risk in Water and Wastewater Systems
project. This notice is the initial step for
the National Cybersecurity Center of
Excellence (NCCoE) in collaborating
with technology companies to address
cybersecurity challenges identified
under the Cybersecurity for the Water
and Wastewater Sector: A Practical
Reference Design for Mitigating Cyber
Risk in Water and Wastewater Systems
project. Participation in the project is
open to all interested organizations.
DATES: Collaborative activities will
commence as soon as enough completed
and signed letters of interest have been
returned to address all the necessary
components and capabilities, but no
earlier than July 20, 2023.
ADDRESSES: The NCCoE is located at
9700 Great Seneca Highway, Rockville,
MD 20850. Letters of interest must be
submitted to water_nccoe@nist.gov or
via hardcopy to National Institute of
Standards and Technology, NCCoE;
9700 Great Seneca Highway, Rockville,
MD 20850. Interested parties can access
the letter of interest request by visiting
www.nccoe.nist.gov/projects/securingwater-and-wastewater-utilities and
completing the letter of interest
webform. NIST will announce the
completion of the selection of
participants and inform the public that
it is no longer accepting letters of
interest for this project at
www.nccoe.nist.gov/projects/securingwater-and-wastewater-utilities.
Organizations whose letters of interest
are accepted in accordance with the
process set forth in the SUPPLEMENTARY
INFORMATION section of this notice will
be asked to sign an NCCoE consortium
Cooperative Research and Development
Agreement (CRADA) with NIST. An
NCCoE consortium CRADA template
can be found at: https://www.nccoe.
nist.gov/publications/other/nccoeconsortium-crada-example.
FOR FURTHER INFORMATION CONTACT:
James McCarthy via telephone at 301–
975–0228; by email at water_nccoe@
nist.gov; or by mail to National Institute
of Standards and Technology, NCCoE;
9700 Great Seneca Highway, Rockville,
MD 20850. Additional details about the
Cybersecurity for the Water and
Wastewater Sector: A Practical
Reference Design for Mitigating Cyber
Risk in Water and Wastewater Systems
project are available at https://
www.nccoe.nist.gov/projects/securingwater-and-wastewater-utilities.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\20JNN1.SGM
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Agencies
[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39825-39827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13014]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-834]
Paper File Folders From the Socialist Republic of Vietnam:
Amended Preliminary Determination of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
preliminary affirmative antidumping
[[Page 39826]]
duty determination on paper file folders from the Socialist Republic of
Vietnam (Vietnam) to correct a significant ministerial error.
DATES: Applicable June 20, 2023.
FOR FURTHER INFORMATION CONTACT: Jana[eacute] Martin or William Horn,
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) 482-0238
or (202) 482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2023, Commerce published its preliminary affirmative
determination in the less-than-fair-value investigation of paper file
folders from Vietnam.\1\ On May 16, 2023, we received a timely
ministerial error allegation from Three-Color Stone Stationary (Viet
Nam) Company Limited (TCS) that Commerce made significant ministerial
errors in the Preliminary Determination with respect to TCS's weighted-
average dumping margin.\2\ On May 18, 2023, the petitioner \3\
submitted timely rebuttal comments to TCS's ministerial error
allegation.\4\
---------------------------------------------------------------------------
\1\ See 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, 88 FR 31488 (May 17, 2023) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
\2\ See TCS's Letter, ``Three-Color Stone Stationery (Viet Nam)
Company Limited: Request for Correction of Ministerial Error in the
Preliminary Results, including Customs Instructions,'' dated May 16,
2023 (TCS Ministerial Error Comments).
\3\ The petitioner in this investigation is the Coalition of
Domestic File Folders Manufacturers.
\4\ See Petitioner's Letter, ``Petitioner's Rebuttal to
Ministerial Error Comments,'' dated May 18, 2023 (Petitioner
Ministerial Error Rebuttal Comments).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is April 1, 2022, through
September 30, 2022.
Scope of the Investigation
The products covered by this investigation are paper file folders
from Vietnam. For a complete description of the scope of this
investigation, see Appendix.
Analysis of Significant Ministerial Error Allegation
Commerce will analyze any comments received and, if appropriate,
correct any significant ministerial error by amending the preliminary
determination according to 19 CFR 351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \5\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the weighted-average dumping margin
calculated in the original (erroneous) preliminary determination; or
(2) a difference between a weighted-average dumping margin of zero (or
de minimis) and a weighted-average dumping margin greater than de
minimis, or vice versa.\6\
---------------------------------------------------------------------------
\5\ See section 735(e) of the Tariff Act of 1930, as amended
(the Act).
\6\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
Amended Preliminary Determination
Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the
Preliminary Determination to reflect the correction of a ministerial
error made in the calculation of the weighted-average dumping margin
for TCS.\7\ Specifically, when calculating surrogate value expenses for
TCS, we inadvertently failed to convert the unit of measure for
movement expenses. Commerce finds that this ministerial error is a
significant ministerial error within the meaning of 19 CFR 351.224(g),
because correction of this error decreases TCS's weighted-average
dumping margin of 324.70 to 93.64 percent, which is a change that is at
least five absolute percentage points in, but not less than 25 percent
of, the weighted-average dumping margin calculated for TCS in the
original Preliminary Determination. Furthermore, as TCS's amended
preliminary weighted-average dumping margin is now below the highest
petition margin of 233.93 percent,\8\ we compared this petition rate to
TCS's highest individual dumping margins and found the petition rate to
be within the range of the highest calculated individual dumping
margins. Accordingly, we assigned to the Vietnam-wide entity a dumping
margin of 233.93 percent. For a complete discussion of the alleged
ministerial errors, see the Preliminary Ministerial Error Memo.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Less Than Fair Value Investigation of
Paper File Folders from the Socialist Republic of Vietnam:
Allegation of Significant Ministerial Errors in the Preliminary
Determination,'' dated concurrently with this notice (Preliminary
Ministerial Error Memo).
\8\ 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, 67445 (November 8,
2022) (Initiation Notice).
---------------------------------------------------------------------------
Amended Preliminary Determination
As a result of correcting this ministerial error, Commerce
determines the following weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Three-Color Stone Stationary Three-Color Stone 93.64
(Viet Nam) Company Limited. Stationary (Viet
Nam) Company Limited.
------------------------------------------------------------------------
Vietnam-Wide Entity 233.93
------------------------------------------------------------------------
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination, in accordance with section 733(d) of the
Act. Because the amended rates for TCS and the Vietnam-wide entity
result in decreased cash deposits, they will be effective retroactively
to May 17, 2023, the date of publication of the Preliminary
Determination. We will also instruct U.S. Customs and Border Protection
(CBP) to issue instructions for requesting a refund of the difference
between the amount of cash deposits paid as a result of the application
of the original preliminary determination rates and the amount due as a
result of the amended preliminary determination rates.
[[Page 39827]]
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224(b).
International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
International Trade Commission of our amended preliminary
determination.
Notification to Interested Parties
This amended preliminary determination is issued and published
pursuant to sections 733(d) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: June 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--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;
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.
[FR Doc. 2023-13014 Filed 6-16-23; 8:45 am]
BILLING CODE 3510-DS-P