Paper File Folders From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less-Than-Fair-Value Investigation, 69130-69132 [2023-22196]

Download as PDF 69130 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–552–834] Paper File Folders From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less-ThanFair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) 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 is April 1, 2022, through September 30, 2022. DATES: Applicable October 5, 2023. FOR FURTHER INFORMATION CONTACT: William Horn or Jinny Ahn, 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) 482–4868 or (202) 482–0339, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 17, 2023, Commerce published its preliminary affirmative determination in the LTFV investigation of paper file folders from Vietnam.1 On June 20, 2023, Commerce published its Amended Preliminary Determination to correct a significant ministerial error.2 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.3 ddrumheller on DSK120RN23PROD with NOTICES1 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 I. 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 (PDM). 2 See Paper File Folders from the Socialist Republic of Vietnam: Amended Preliminary Determination of Less Than Fair Value Investigation, 88 FR 39825 (June 20, 2023) (Amended Preliminary Determination). 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Paper File Folders from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 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.4 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. determination, consistent with the Amended Preliminary Determination,7 as AFA, we are continuing to assign the Vietnam-wide entity, including the above-referenced companies, the rate of 233.93 percent, which is the highest margin alleged in the petition.8 Separate Rates We preliminarily granted the mandatory respondent, Three-Color Stone Stationary (Viet Nam) Company, Limited (TCS), a separate rate in the Preliminary Determination based on its eligibility.9 No party commented on our preliminary separate rate determination with respect to TCS and we have no Analysis of Comments Received basis otherwise to reconsider this determination. Accordingly, we All issues raised by interested parties in briefs are addressed in the Issues and continue to find that TCS is eligible for a separate rate in the final Decision Memorandum. A list of the determination.10 issues addressed in the Issues and No party commented on our Decision Memorandum is provided in preliminary determination to deny Appendix II to this notice. The Issues separate rates to the eight companies and Decision Memorandum is a public that failed to establish their eligibility document and is on file electronically for a separate rate by not complying via Enforcement and Compliance’s Antidumping and Countervailing Duty with our requests for information, and Centralized Electronic Service System there is no basis otherwise to reconsider (ACCESS). ACCESS is available to this determination. Accordingly, we registered users at https:// have continued to treat these companies access.trade.gov. In addition, a complete as a part of the Vietnam-wide entity. version of the Issues and Decision Changes Since the Preliminary Memorandum can be accessed directly Determination at https://access.trade.gov/public/ Based on our review and analysis of FRNoticesListLayout.aspx. the comments received from interested Vietnam-Wide Entity and Use of parties, we made one change to the Adverse Facts Available (AFA) margin calculations for TCS.11 For a Consistent with the Preliminary discussion of this change, see the Issues Determination,5 Commerce continues to and Decision Memorandum. find, pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Tariff Act of 1930, as Combination Rates amended (the Act), that the use of facts Consistent with the Preliminary available is warranted in determining Determination and Policy Bulletin the rate of the Vietnam-wide entity, 05.1,12 Commerce calculated which includes mandatory respondents combination rates for the sole CRE8 Direct (HK) Co., Limited and respondent that is eligible for a separate Fairton Asia Limited and six companies rate in this investigation. not selected for individual Final Determination examination 6 that did not respond to our requests for information. Commerce determines that the Furthermore, we continue to find that following weighted-average dumping an adverse inference is warranted in margins exist for the period April 1, selecting from the facts otherwise 2022, through September 30, 2022: available, pursuant to section 776(b) of 7 See Amended Preliminary Determination, 88 FR the Act and 19 CFR 351.308(a), because at 39826. the Vietnam-wide entity, including the 8 See Issues and Decision Memorandum at the eight companies referred to above, failed ‘‘Vietnam-Wide Rate’’ section for a full discussion. to cooperate by not acting to the best of 9 See Preliminary Determination PDM at 12–13. their ability to comply with Commerce’s 10 See Issues and Decision Memorandum at the requests for information. For the final ‘‘Separate Rates’’ section for further discussion. 11 Id. 4 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated May 10, 2023 (Preliminary Scope Memorandum). 5 See Preliminary Determination PDM at 13–17. 6 See the ‘‘Final Determination’’ section of this notice, infra, at footnote 13 for the names of these six companies. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 12 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,’’ dated April 5, 2005 (Policy Bulletin 05.1), available on Commerce’s website at https://enforcement.trade.gov/policy/bull05-1.pdf. E:\FR\FM\05OCN1.SGM 05OCN1 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices Exporter Estimated weighted-average dumping margin (percent) Producer Three-Color Stone Stationary (Viet Nam) Company Limited .. Three-Color Stone Stationary (Viet Nam) Company Limited ddrumheller on DSK120RN23PROD with NOTICES1 Vietnam-Wide Entity 13 subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding where appropriate. Because there is no companion CVD proceeding, we have not made any such adjustments for this final determination. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of paper file folders from Vietnam, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after May 17, 2023, the date of publication in the Federal Register of the affirmative Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the weightedaverage amount by which the normal value exceeds U.S. price as follows: (1) the cash deposit rate for the exporter/ producer combination listed in the table above will be the rate identified in the table; (2) for all combinations of Vietnamese exporters/producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the Vietnamwide entity; and (3) for all nonVietnamese exporters of subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Vietnamese exporter/ producer combination that supplied that non-Vietnamese exporter. These suspension of liquidation instructions will remain in effect until further notice. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic U.S. International Trade Commission Notification VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Because the final determination in this proceeding 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 of subject merchandise from Vietnam no later than 45 days after our 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. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order, in accordance with section 736(a) of the Act, 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 reminder to the parties subject to an 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 PO 00000 Frm 00017 Fmt 4703 97.52 233.93 Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). 13 The Vietnam-wide entity includes the following companies: Vietnam Cailan Industry Co., Ltd.; Changyuan Vietnam Co., Ltd.; Deli Vietnam Co., Ltd.; Fuda Stationery (Vietnam) Factory; Guangbo Vietnam Company, Ltd.; Teamade Stationery Vietnam Co., Ltd.; CRE8 Direct (HK) Co., Limited; and Fairton Asia Limited. 69131 Sfmt 4703 conversion to judicial protective order 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 This determination is issued and published in accordance with sections 735(d) and 777(i) 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 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); E:\FR\FM\05OCN1.SGM 05OCN1 69132 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices • 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. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Vietnam-Wide Rate IV. Separate Rates V. Changes from the Preliminary Determination VI. Discussion of the Issues Comment 1: Surrogate Country Selection and Selection of Surrogate Financial Statements Comment 2: Commerce’s Application of the Cohen’s d Test Comment 3: Whether to Correct a Clerical Error in the Movement Expense Calculation Comment 4: Whether to Apply Partial Adverse Facts Available (AFA) with Respect to Cutting Dies VII. Recommendation [FR Doc. 2023–22196 Filed 10–4–23; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 DEPARTMENT OF COMMERCE International Trade Administration [C–560–839] Mattresses From Indonesia: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Applicable October 5, 2023. FOR FURTHER INFORMATION CONTACT: Natasia Harrison and Harrison Tanchuck, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1240 and (202) 482–7421, respectively. SUPPLEMENTARY INFORMATION: DATES: Background On August 17, 2023, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of mattresses from Indonesia.1 Currently, the preliminary determination is due no later than October 23, 2023. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. 1 See Mattresses from Indonesia: Initiation of Countervailing Duty Investigation, 88 FR 57412 (August 23, 2023). PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 On September 22, 2023, the petitioners 2 submitted a timely request that Commerce postpone the preliminary CVD determination.3 The petitioners stated that they request postponement so that the petitioners will have an adequate opportunity to submit rebuttal factual information and Commerce will have adequate time to review the data provided in the questionnaire responses and issue supplemental questionnaires prior to the issuance of the preliminary determination.4 In accordance with 19 CFR 351.205(e), the petitioners have stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., December 26, 2023.5 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: September 27, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–22133 Filed 10–4–23; 8:45 am] BILLING CODE 3510–DS–P 2 The petitioners are Brooklyn Bedding; Carpenter Co.; Corsicana Mattress Company; Future Foam Inc.; FXI, Inc.; Kolcraft Enterprises Inc.; Leggett & Platt, Incorporated; Serta Simmons Bedding Inc.; Southerland, Inc.; Tempur Sealy International; the International Brotherhood of Teamsters; and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. 3 See Petitioners’ Letter, ‘‘Request to Extend CVD Preliminary Determination,’’ dated September 22, 2023. 4 Id. 5 Postponing the preliminary determination to 130 days after initiation would place the deadline on Monday, December 25, 2023. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69130-69132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22196]



[[Page 69130]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-834]


Paper File Folders From the Socialist Republic of Vietnam: Final 
Affirmative Determination of Sales at Less-Than-Fair-Value 
Investigation

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

SUMMARY: The U.S. Department of Commerce (Commerce) 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 is April 1, 2022, through 
September 30, 2022.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: William Horn or Jinny Ahn, 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) 482-4868 or (202) 
482-0339, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 2023, Commerce published its preliminary affirmative 
determination in the LTFV investigation of paper file folders from 
Vietnam.\1\ On June 20, 2023, Commerce published its Amended 
Preliminary Determination to correct a significant ministerial 
error.\2\ For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------

    \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 
(PDM).
    \2\ See Paper File Folders from the Socialist Republic of 
Vietnam: Amended Preliminary Determination of Less Than Fair Value 
Investigation, 88 FR 39825 (June 20, 2023) (Amended Preliminary 
Determination).
    \3\ See Memorandum, ``Decision Memorandum for the Final 
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 (Issues 
and Decision Memorandum).
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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 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.\4\ 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.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated May 10, 2023 (Preliminary Scope Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided in Appendix II 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)

    Consistent with the Preliminary Determination,\5\ Commerce 
continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of 
the Tariff Act of 1930, as amended (the Act), that the use of facts 
available is warranted in determining the rate of the Vietnam-wide 
entity, which includes mandatory respondents CRE8 Direct (HK) Co., 
Limited and Fairton Asia Limited and six companies not selected for 
individual examination \6\ that did not respond to our requests for 
information. Furthermore, we continue to find that an adverse inference 
is warranted in selecting from the facts otherwise available, pursuant 
to section 776(b) of the Act and 19 CFR 351.308(a), because the 
Vietnam-wide entity, including the eight companies referred to above, 
failed to cooperate by not acting to the best of their ability to 
comply with Commerce's requests for information. For the final 
determination, consistent with the Amended Preliminary 
Determination,\7\ as AFA, we are continuing to assign the Vietnam-wide 
entity, including the above-referenced companies, the rate of 233.93 
percent, which is the highest margin alleged in the petition.\8\
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    \5\ See Preliminary Determination PDM at 13-17.
    \6\ See the ``Final Determination'' section of this notice, 
infra, at footnote 13 for the names of these six companies.
    \7\ See Amended Preliminary Determination, 88 FR at 39826.
    \8\ See Issues and Decision Memorandum at the ``Vietnam-Wide 
Rate'' section for a full discussion.
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Separate Rates

    We preliminarily granted the mandatory respondent, Three-Color 
Stone Stationary (Viet Nam) Company, Limited (TCS), a separate rate in 
the Preliminary Determination based on its eligibility.\9\ No party 
commented on our preliminary separate rate determination with respect 
to TCS and we have no basis otherwise to reconsider this determination. 
Accordingly, we continue to find that TCS is eligible for a separate 
rate in the final determination.\10\
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    \9\ See Preliminary Determination PDM at 12-13.
    \10\ See Issues and Decision Memorandum at the ``Separate 
Rates'' section for further discussion.
---------------------------------------------------------------------------

    No party commented on our preliminary determination to deny 
separate rates to the eight companies that failed to establish their 
eligibility for a separate rate by not complying with our requests for 
information, and there is no basis otherwise to reconsider this 
determination. Accordingly, we have continued to treat these companies 
as a part of the Vietnam-wide entity.

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
interested parties, we made one change to the margin calculations for 
TCS.\11\ For a discussion of this change, see the Issues and Decision 
Memorandum.
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    \11\ Id.
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Combination Rates

    Consistent with the Preliminary Determination and Policy Bulletin 
05.1,\12\ Commerce calculated combination rates for the sole respondent 
that is eligible for a separate rate in this investigation.
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    \12\ 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,'' dated April 5, 2005 (Policy Bulletin 05.1), available 
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    Commerce determines that the following weighted-average dumping 
margins exist for the period April 1, 2022, through September 30, 2022:

[[Page 69131]]



------------------------------------------------------------------------
                                                           Estimated
                                                        weighted-average
           Exporter                    Producer          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Three-Color Stone Stationary    Three-Color Stone                  97.52
 (Viet Nam) Company Limited.     Stationary (Viet
                                 Nam) Company Limited.
------------------------------------------------------------------------
               Vietnam-Wide Entity \13\                           233.93
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \13\ The Vietnam-wide entity includes the following companies: 
Vietnam Cailan Industry Co., Ltd.; Changyuan Vietnam Co., Ltd.; Deli 
Vietnam Co., Ltd.; Fuda Stationery (Vietnam) Factory; Guangbo 
Vietnam Company, Ltd.; Teamade Stationery Vietnam Co., Ltd.; CRE8 
Direct (HK) Co., Limited; and Fairton Asia Limited.
---------------------------------------------------------------------------

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
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, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of paper file folders from Vietnam, 
as described in Appendix I of this notice, which are entered, or 
withdrawn from warehouse, for consumption on or after May 17, 2023, the 
date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, Commerce will instruct 
CBP to require a cash deposit equal to the weighted-average amount by 
which the normal value exceeds U.S. price as follows: (1) the cash 
deposit rate for the exporter/producer combination listed in the table 
above will be the rate identified in the table; (2) for all 
combinations of Vietnamese exporters/producers of subject merchandise 
that have not received their own separate rate above, the cash deposit 
rate will be the cash deposit rate established for the Vietnam-wide 
entity; and (3) for all non-Vietnamese exporters of subject merchandise 
which have not received their own separate rate above, the cash deposit 
rate will be the cash deposit rate applicable to the Vietnamese 
exporter/producer combination that supplied that non-Vietnamese 
exporter. These suspension of liquidation instructions will remain in 
effect until further notice.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding where appropriate. Because there 
is no companion CVD proceeding, we have not made any such adjustments 
for this final determination.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV. We will allow the ITC access to all 
privileged and business proprietary information in our files, provided 
the ITC confirms that it will not disclose such information, either 
publicly or under an administrative protective order (APO), without the 
written consent of the Assistant Secretary for Enforcement and 
Compliance.
    Because the final determination in this proceeding 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 of subject merchandise from Vietnam no later than 45 
days after our 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. If the ITC determines that such 
injury does exist, Commerce will issue an antidumping duty order, in 
accordance with section 736(a) of the Act, 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 reminder to the parties subject to an 
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 terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i) 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 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);

[[Page 69132]]

     expanding folders that have (1) 13 or more pockets, (2) 
a flap covering the top, (3) a latching mechanism made of plastic 
and/or metal to close the flap, and (4) an affixed plastic or metal 
carry handle;
     folders that have an outer surface (other than the 
gusset, handles, and/or closing mechanisms, if any) that is covered 
entirely with fabric, leather, and/or faux leather;
     fashion folders, which are defined as folders with all 
of the following characteristics: (1) plastic lamination covering 
the entire exterior of the folder, (2) printing, foil stamping, 
embossing (i.e., raised relief patterns that are recessed on the 
opposite side), and/or debossing (i.e., recessed relief patterns 
that are raised on the opposite side), covering the entire exterior 
surface area of the folder, (3) at least two visible and printed or 
foil stamped colors (other than the color of the base paper), each 
of which separately covers no less than 10 percent of the entire 
exterior surface area, and (4) patterns, pictures, designs, or 
artwork covering no less than thirty percent of the exterior surface 
area of the folder;
     portfolios, which are folders having (1) a width of at 
least 16 inches when open flat, (2) no tabs or dividers, and (3) one 
or more pockets that are suitable for holding letter size documents 
and that cover at least 15 percent of the surface area of the 
relevant interior side or sides; and
     report covers, which are folders having (1) no tabs, 
dividers, or pockets, and (2) one or more fasteners or clips, each 
of which is permanently affixed to the center fold, to hold papers 
securely in place.
    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) category 
4820.30.0040. Subject imports may also enter under other HTSUS 
classifications. While the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
scope of the investigation is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Vietnam-Wide Rate
IV. Separate Rates
V. Changes from the Preliminary Determination
VI. Discussion of the Issues
    Comment 1: Surrogate Country Selection and Selection of 
Surrogate Financial Statements
    Comment 2: Commerce's Application of the Cohen's d Test
    Comment 3: Whether to Correct a Clerical Error in the Movement 
Expense Calculation
    Comment 4: Whether to Apply Partial Adverse Facts Available 
(AFA) with Respect to Cutting Dies
VII. Recommendation

[FR Doc. 2023-22196 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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