Paper File Folders From India: Final Affirmative Countervailing Duty Determination, 69134-69136 [2023-22197]
Download as PDF
<![CDATA[
69134
DATES:
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
Applicable October 5, 2023.
Analysis of Comments Received
FOR FURTHER INFORMATION CONTACT:
Preston Cox, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041.
SUPPLEMENTARY INFORMATION:
Background
On August 28, 2000, Commerce
published in the Federal Register the
AD order on tin mill products from
Japan.1 On June 1, 2023, Commerce
published the notice of initiation of the
fourth sunset review of the Order,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2
On June 16, 2023, Commerce received
notices of intent to participate in this
review from Cleveland-Cliffs Inc.
(Cleveland-Cliffs) and United States
Steel Corporation (U.S. Steel) within the
deadline specified in 19 CFR
351.218(d)(1)(i).3 Cleveland-Cliffs and
U.S. Steel claimed interested party
status under section 771(9)(C) of the
Act, as producers of the domestic like
product in the United States. On June 30
and July 3, 2023, we received adequate
substantive responses from ClevelandCliffs and U.S. Steel, respectively,
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).4 We received
no substantive responses from
respondent interested parties. Therefore,
Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.5 As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order.
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the Order
The merchandise covered by the
Order is tin mill products. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.6
1 See Certain Tin Mill Products from Japan:
Notice of Antidumping Duty Order, 65 FR 52067
(August 28, 2000) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 35832 (June 1, 2023).
3 See Cleveland-Cliff’s Letter, ‘‘Notice of Intent to
Participate in Sunset Review,’’ dated June 16, 2023;
see also U.S. Steel’s Letter, ‘‘Notice of Intent to
Participate,’’ dated June 16, 2023.
4 See Cleveland-Cliff’s Letter, ‘‘Domestic Industry
Substantive Response,’’ dated June 30, 2023; see
also U.S. Steel’s Letter, ‘‘U.S. Steel’s Substantive
Response to Commerce’s Notice of Initiation,’’
dated July 3, 2023.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on June 1, 2023,’’ dated July 25, 2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
VerDate Sep<11>2014
18:37 Oct 04, 2023
Jkt 262001
A complete discussion of all issues
raised in this sunset review is contained
in the accompanying Issues and
Decision Memorandum.7 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. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would likely lead to the continuation or
recurrence of dumping and that the
magnitude of the dumping margins
likely to prevail would be weightedaverage margins up to 95.29 percent.8
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to interested 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.
Timely notification of the 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
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.
Dated: September 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
Fourth Sunset Review of the Antidumping Duty
Order on Certain Tin Mill Products from Japan,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
7 See generally Issues and Decision
Memorandum.
8 Id. at 9.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
II. Background
III. Scope of the Order
IV. History of the Order
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. 2023–22127 Filed 10–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–911]
Paper File Folders From India: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
paper file folders from India. The period
of investigation is January 1, 2021,
through December 31, 2021.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3936.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 20, 2023, Commerce
published the Preliminary
Determination in the Federal Register.1
Subsequently, on June 1, 2023,
Commerce released its Post-Preliminary
Analysis.2
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.3 The Issues and
Decision Memorandum is a public
1 See Paper File Folders from India: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Determination With the Final
Antidumping Duty Determination, 88 FR 16590
(March 20, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Post-Preliminary Analysis
Memorandum;’’ dated June 1, 2023 (PostPreliminary Analysis).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of the Countervailing Duty
Investigation of Paper File Folders from India,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
E:\FR\FM\05OCN1.SGM
05OCN1
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
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.
Scope of the Investigation
The products covered by this
investigation are paper file folders. 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.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.
ddrumheller on DSK120RN23PROD with NOTICES1
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs by parties in
this investigation, are discussed in the
Issues and Decision Memorandum. For
a list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, see
Appendix II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5 For a
full description of the methodology
underlying our final determination,
including our determination with
respect to Lotus Global Pvt. Ltd (Lotus
4 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated May 10, 2023 (Preliminary
Scope Memorandum).
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
VerDate Sep<11>2014
18:37 Oct 04, 2023
Jkt 262001
Global) that relied upon the use of
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
Changes Since the Preliminary
Determination and Post-Preliminary
Analysis
Based on our review and analysis of
the information received during
verification and comments received
from arties, for this final determination,
we made certain changes to the
countervailable subsidy rate
calculations for Navneet Education Ltd.
(Navneet), Lotus Global, and for all
other producers/exporters. For a
discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of
the Act, Commerce will determine an
all-others rate equal to the weightedaverage countervailable subsidy rates
established for exporters and/or
producers individually investigated,
excluding any zero and de minimis
countervailable subsidy rates, and any
rates determined entirely under section
776 of the Act. In this investigation,
Commerce calculated a total subsidy
rate for Lotus Global determined
entirely under section 776 of the Act.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Navneet. 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 net countervailable
subsidy rates exist for the period
January 1, 2021, through December 31,
2021:
69135
calculation changes from the
Preliminary Determination, there are no
calculations to disclose.
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination, and pursuant to sections
703(d)(1)(B) and (d)(2) of the Act,
Commerce instructed U.S. Customs and
Border Protection (CBP) to collect cash
deposits and suspend liquidation of
entries of subject merchandise as
described in the scope of the
investigation section entered, or
withdrawn from warehouse, for
consumption on or after March 20,
2023, the date of publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, on July 19,
2023, we instructed CBP to discontinue
the suspension of liquidation of all
entries of subject merchandise entered
or withdrawn from warehouse, on or
after July 18, 2023, but to continue the
suspension of liquidation of all entries
of subject merchandise on or after
March 20, 2023 and on or before July 17,
2023.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a countervailing duty order,
reinstate the suspension of liquidation
under section 706(a) of the Act, and
require a cash deposit of estimated
countervailing duties for such entries of
subject merchandise in the amounts
indicated above, in accordance with
section 706(a) of the Act. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated, and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of
Company
the Act, Commerce will notify the ITC
of its final affirmative determination
Navneet Education Ltd .........
3.78 that countervailable subsidies are being
Lotus Global Pvt. Ltd ............
90.98 provided to producers and exporters of
All Others ..............................
3.78
paper file folders from India. As
Commerce’s final determination is
Disclosure
affirmative, in accordance with section
Normally, Commerce will disclose to
705(b) of the Act, the ITC will
the parties in a proceeding the
determine, within 45 days, whether the
calculations performed in connection
domestic industry in the United States
with a final determination within five
is materially injured, or threatened with
days of any public announcement or, if
material injury, by reason of imports of
there is no public announcement,
paper file folders from India. In
within five days of the date of
addition, we are making available to the
publication of the notice of final
ITC all non-privileged and nondetermination in the Federal Register,
proprietary information related to this
in accordance with 19 CFR 351.224(b).
investigation. We will allow the ITC
However, because we have made no
access to all privileged and business
PO 00000
Subsidy rate
(percent
ad valorem)
Frm 00021
Fmt 4703
Sfmt 4703
E:\FR\FM\05OCN1.SGM
05OCN1
69136
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
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.
Administrative Protective Order
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to the APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
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 pursuant to sections 705(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.
ddrumheller on DSK120RN23PROD with NOTICES1
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
VerDate Sep<11>2014
18:37 Oct 04, 2023
Jkt 262001
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.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Navneet Received a
Benefit from the Remission of Duties and
Taxes on Export Products (RODTEP)
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
Program during the Period of
Investigation (POI)
Comment 2: Whether Commerce has
Incorrectly Found the Duty Drawback
(DDB) Program to Be Countervailable
Comment 3: Whether Commerce Correctly
Calculated Merchandise Export Incentive
Scheme (MEIS) Benefits
VIII. Recommendation
[FR Doc. 2023–22197 Filed 10–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–882]
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Countervailing
Duty Administrative Review, Partial
Rescission, and Preliminary Intent To
Rescind, in Part; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
exporters of certain cold-rolled steel flat
products (cold-rolled steel) from the
Republic of Korea (Korea) received
countervailable subsidies during the
period of review (POR) January 1, 2021,
through December 31, 2021. In addition,
we are rescinding the review with
respect to 44 companies and notifying
parties of our intent to rescind the
review with respect to two companies.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7425.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 3, 2022, Commerce
published a notice of initiation of
administrative review of the
countervailing duty (CVD) order on
cold-rolled steel from Korea.1 On
January 20, 2023, Commerce selected
Hyundai Steel Company (Hyundai
Steel) 2 and POSCO/POSCO
International Corporation (collectively,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
66275 (November 3, 2022) (Initiation Notice).
2 Hyundai Steel is also known as Hyundai Steel
Co., Ltd.
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69134-69136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22197]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-911]
Paper File Folders From India: Final Affirmative Countervailing
Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of paper file folders from India. The period of investigation is
January 1, 2021, through December 31, 2021.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On March 20, 2023, Commerce published the Preliminary Determination
in the Federal Register.\1\ Subsequently, on June 1, 2023, Commerce
released its Post-Preliminary Analysis.\2\
---------------------------------------------------------------------------
\1\ See Paper File Folders from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With the Final Antidumping Duty Determination, 88 FR
16590 (March 20, 2023) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Post-Preliminary Analysis Memorandum;''
dated June 1, 2023 (Post-Preliminary Analysis).
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
The Issues and Decision Memorandum is a public
[[Page 69135]]
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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Paper File Folders from India,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are paper file folders.
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.\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 Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found to be countervailable, Commerce determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a full description of the methodology underlying our
final determination, including our determination with respect to Lotus
Global Pvt. Ltd (Lotus Global) that relied upon the use of adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination and Post-Preliminary
Analysis
Based on our review and analysis of the information received during
verification and comments received from arties, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for Navneet Education Ltd. (Navneet), Lotus Global,
and for all other producers/exporters. For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act. In this investigation, Commerce calculated a
total subsidy rate for Lotus Global determined entirely under section
776 of the Act. Therefore, the only rate that is not zero, de minimis,
or based entirely on facts otherwise available is the rate calculated
for Navneet. 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 net
countervailable subsidy rates exist for the period January 1, 2021,
through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Navneet Education Ltd................................... 3.78
Lotus Global Pvt. Ltd................................... 90.98
All Others.............................................. 3.78
------------------------------------------------------------------------
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final determination within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final determination in the Federal Register, in accordance with 19
CFR 351.224(b). However, because we have made no calculation changes
from the Preliminary Determination, there are no calculations to
disclose.
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after March 20, 2023, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, on July 19, 2023, we
instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse, on
or after July 18, 2023, but to continue the suspension of liquidation
of all entries of subject merchandise on or after March 20, 2023 and on
or before July 17, 2023.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise in the amounts indicated above,
in accordance with section 706(a) of the Act. If the ITC determines
that material injury, or threat of material injury, does not exist,
this proceeding will be terminated, and all estimated duties deposited
or securities posted as a result of the suspension of liquidation will
be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of paper file
folders from India. As Commerce's final determination is affirmative,
in accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of paper file folders from India. In addition, we are making
available to the ITC all non-privileged and non-proprietary information
related to this investigation. We will allow the ITC access to all
privileged and business
[[Page 69136]]
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.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO, in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return/
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 pursuant to sections
705(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 this investigation are file
folders consisting primarily of paper, paperboard, pressboard, or
other cellulose material, whether coated or uncoated, that has been
folded (or creased in preparation to be folded), glued, taped,
bound, or otherwise assembled to be suitable for holding documents.
The scope includes all such folders, regardless of color, whether or
not expanding, whether or not laminated, and with or without tabs,
fasteners, closures, hooks, rods, hangers, pockets, gussets, or
internal dividers. The term ``primarily'' as used in the first
sentence of this scope means 50 percent or more of the total product
weight, exclusive of the weight of fasteners, closures, hooks, rods,
hangers, removable tabs, and similar accessories, and exclusive of
the weight of packaging.
Subject folders have the following dimensions in their folded
and closed position: lengths and widths of at least 8 inches and no
greater than 17 inches, regardless of depth.
The scope covers all varieties of folders, including but not
limited to manila folders, hanging folders, fastener folders,
classification folders, expanding folders, pockets, jackets, and
wallets.
Excluded from the scope are:
mailing envelopes with a flap bearing one or more
adhesive strips that can be used permanently to seal the entire
length of a side such that, when sealed, the folder is closed on all
four sides;
binders, with two or more rings to hold documents in
place, made from paperboard or pressboard encased entirely in
plastic;
binders consisting of a front cover, back cover, and
spine, with or without a flap; to be excluded, a mechanism with two
or more metal rings must be included on or adjacent to the interior
spine;
non-expanding folders with a depth exceeding 2.5 inches
and that are closed or closeable on the top, bottom, and all four
sides (e.g., boxes or cartons);
expanding folders that have (1) 13 or more pockets, (2)
a flap covering the top, (3) a latching mechanism made of plastic
and/or metal to close the flap, and (4) an affixed plastic or metal
carry handle;
folders that have an outer surface (other than the
gusset, handles, and/or closing mechanisms, if any) that is covered
entirely with fabric, leather, and/or faux leather;
fashion folders, which are defined as folders with all
of the following characteristics: (1) plastic lamination covering
the entire exterior of the folder, (2) printing, foil stamping,
embossing (i.e., raised relief patterns that are recessed on the
opposite side), and/or debossing (i.e., recessed relief patterns
that are raised on the opposite side), covering the entire exterior
surface area of the folder, (3) at least two visible and printed or
foil stamped colors (other than the color of the base paper), each
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. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Navneet Received a Benefit from the Remission
of Duties and Taxes on Export Products (RODTEP) Program during the
Period of Investigation (POI)
Comment 2: Whether Commerce has Incorrectly Found the Duty
Drawback (DDB) Program to Be Countervailable
Comment 3: Whether Commerce Correctly Calculated Merchandise
Export Incentive Scheme (MEIS) Benefits
VIII. Recommendation
[FR Doc. 2023-22197 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
