Paper File Folders From India: Final Affirmative Determination of Sales at Less Than Fair Value, 69138-69141 [2023-22194]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69138-69141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22194]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-910]


Paper File Folders From India: Final Affirmative Determination of 
Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
paper file folders from India are being, or are likely to be, sold in 
the United States at less than fair value (LTFV). The period of 
investigation (POI) is October 1, 2021, through September 30, 2022.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1988.

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 2023, Commerce published in the Federal Register its 
Preliminary Determination of the LTFV investigation of paper file 
folders from India, in which it also postponed the final determination 
until September 29,

[[Page 69139]]

2023.\1\ Commerce invited interested parties to comment on the 
Preliminary Determination.\2\ We received comments on the Preliminary 
Determination from Navneet Education Limited (Navneet) and the 
Coalition of Domestic Folder Manufacturers (the petitioner) on July 25, 
2023.\3\ On August 4, 2023, we received rebuttal briefs from the 
petitioner and Navneet.\4\
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    \1\ See Paper File Folders from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 88 FR 
31490 (May 17, 2023) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ Id.
    \3\ See Navneet's Letter, ``Navneet's Administrative Case 
Brief,'' dated July 25, 2023; Petitioner's Letter, ``Petitioner's 
Case Brief,'' dated July 25, 2023.
    \4\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief,'' 
dated August 4, 2023; Navneet's Letter, ``Navneet's Administrative 
Rebuttal Brief,'' dated August 4, 2023.
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\5\ 
The Issues and Decision Memorandum is a public document and is 
available 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Paper File Folders from India,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Investigation

    The products covered by this investigation are paper file folders 
from India. For a full description of the scope of this investigation, 
see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Memorandum to address these comments and set aside a period of time for 
parties to address scope issues in scope-specific case and rebuttal 
briefs.\6\ We did not receive comments from any interested parties on 
the Preliminary Scope Memorandum. We, therefore, did not make any 
changes to the scope of the investigation from the scope published in 
the Preliminary Determination, as noted in Appendix I.
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    \6\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated May 10, 2023 (Preliminary Scope Memorandum).
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in May 2023, we conducted verification of the sales and cost 
information submitted by Navneet for use in our final determination. 
Commerce conducted an on-site verification, including an examination of 
relevant sales and cost accounting records, and original source 
documents provided by Navneet.\7\
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    \7\ See Memoranda, ``Verification of the Questionnaire Response 
of Navneet Education Limited in the Less-Than-Fair-Value 
Investigation of Paper File Folders from India,'' dated June 14, 
2023; and ``Verification of the Cost Response of Navneet Education 
Limited in the Antidumping Duty Investigation of Paper File Folders 
from India,'' dated July 10, 2023.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
A list of the issues raised in the Issues and Decision Memorandum is 
attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    We have made one change to the margin calculations for Navneet 
since the Preliminary Determination. See the Issues and Decision 
Memorandum for a discussion of this change.

Use of Adverse Facts Available

    As discussed in the Preliminary Determination, Commerce assigned to 
certain mandatory respondents in this investigation, Kokuyo Riddhi 
Paper Products Pvt. Ltd (Kokuyo) and LGPL Paper Industries Pvt. Limited 
(LGPL), estimated weighted-average dumping margins on the basis of 
adverse facts available (AFA), pursuant to sections 776(a) and (b) of 
the Act.\8\ There is no new information on the record that would cause 
us to revisit our decision in the Preliminary Determination. 
Accordingly, for this final determination, we continue to find that the 
application of AFA pursuant to sections 776(a) and (b) of the Act is 
warranted with respect to Kokuyo and LGPL.
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    \8\ See Preliminary Determination, 88 FR at 31491.
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    Pursuant to section 776(b) of the Act, we examined the dumping 
margins alleged in the petition, the weighted-average dumping margin 
calculated in this final determination, and other information of the 
record of this investigation to determine an appropriate estimated 
weighted-average dumping margin for Kokuyo and LGPL based on AFA. Thus, 
we are assigning Kokuyo and LGPL the highest petition margin we are 
able to corroborate (i.e., 86.01 percent) based on AFA.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In this case, Commerce calculated an individual estimated weighted-
average dumping margin for Navneet that is not zero, de minimis, or 
determined entirely under section 776 of the Act. Consequently, the 
rate calculated for Navneet is also assigned as the rate for all other 
producers and exporters.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the POI:
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    \9\ In the companion countervailing duty investigation, Commerce 
calculated a 3.78 percent export subsidy rate for Navneet. See 
unpublished Federal Register notice titled ``Paper File Folders from 
India: Final Affirmative Countervailing Duty Determination,'' dated 
concurrently with, and hereby adopted by, this notice.

------------------------------------------------------------------------
                                                           Cash deposit
                                             Weighted-    rate (adjusted
            Producer/exporter                 average       for subsidy
                                          dumping margin     offsets)
                                             (percent)     (percent) \9\
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Navneet Education Limited...............           17.22           13.44
Kokuyo Riddhi Paper Products Pvt. Ltd...           86.01           82.23
LGPL Paper Industries Pvt. Limited......           86.01           82.23

[[Page 69140]]

 
All Others..............................           17.22           13.44
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days after the date of any public announcement or, if there is no 
public announcement, within five days after the date of publication of 
this notice, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of paper file folders from India, as 
described in Appendix I to this notice, which were entered, or 
withdrawn from warehouse for consumption on or after May 17, 2023, the 
date of publication of Preliminary Determination of this investigation 
in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, Commerce will instruct CBP to require a 
cash deposit equal to the estimated weighted-average dumping margin or 
the estimated all-others rate, as follows: (1) the cash deposit rate 
for the respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margin determined in this final 
determination; (2) if the exporter is not a respondent identified above 
but the producer is, then the cash deposit rate will be equal to the 
company-specific estimated weighted-average dumping margin established 
for that producer of the subject merchandise; and (3) the cash deposit 
rate for all other producers and exporters will be equal to the all-
others estimated weighted-average dumping margin. These suspension of 
liquidation instructions will remain in effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of paper file folder from India no later than 45 
days after this final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated, and all cash 
deposits posted will be refunded and suspension of liquidation will be 
lifted. If the ITC determines that such injury does exist, Commerce 
will issue an antidumping duty order directing CBP to assess, upon 
further instruction by Commerce, antidumping duties on all imports of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice will serve as a final reminder to the parties subject 
to an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: September 29, 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 10 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

[[Page 69141]]

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 Issues and Decision 
Memorandum

I. Summary
II. Background
III. Changes From the Preliminary Determination
IV. Use of Facts Available With an Adverse Inference
V. Discussion of the Issues
    Comment 1: Source for Constructed Value (CV) Profit and Selling 
Expenses
    Comment 2: Calculation of CV Profit
VI. Recommendation

[FR Doc. 2023-22194 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P