Paper File Folders From Cambodia: Initiation of Countervailing Duty Investigation, 91331-91335 [2024-26888]

Download as PDF Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices typographical error in the Harmonized Tariff Schedule of the United States (HTSUS) subheadings included in the scope of the investigations. FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Dennis McClure at (202) 482–4007 or (202) 482–5973, respectively (China), and Thomas Martin at (202) 482–3936 (Vietnam), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On November 4, 2024, Commerce published in the Federal Register the initiation notice of the LTFV investigations on molded fiber products from China and Vietnam.1 In that notice, there was a typographical error in the HTSUS subheadings included in the scope of the investigations. Correction In the Federal Register of November 4, 2024, in FR Doc 2024–25562,2 on page 87556, in the first column, correct the first sentence of the last paragraph in this column to read as follows: ‘‘Thermoformed molded fiber products are classified under subheadings 4823.70.0020 and 4823.70.0040, Harmonized Tariff Schedule of the United States (HTSUS).’’ For a full description of the scope of these investigations, revised to reflect the correction specified above, see the appendix to this notice. Notice to Interested Parties This notice is issued and published in accordance with sections 732 and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.203(c). Dated: November 13, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix Scope of the Investigations The merchandise subject to these investigations consists of thermoformed molded fiber products regardless of shape, form, function, fiber source, or finish. Thermoformed molded fiber products are formed with cellulose fibers, thermoformed using one or more heated molds, and dried/ cured in the mold. 1 See Thermoformed Molded Fiber Products from the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 89 FR 87551 (November 4, 2024). 2 Id. VerDate Sep<11>2014 17:42 Nov 18, 2024 Jkt 265001 Thermoformed molded fiber products include, but are not limited to, plates, bowls, clamshells, trays, lids, food or foodservice contact packaging, and consumer or other product packaging. Thermoformed molded fiber products are relatively dense, with a typical fiber density above 0.5 grams per cubic centimeter, and are generally characterized by relatively smooth surfaces. They may be derived from any virgin or recycled cellulose fiber source (including, but not limited to, those sourced from wood, woody crops, agricultural crops/ byproducts/residue, and agricultural/ industrial/other waste). They may have any weight, shape, dimensionality, design, or size, and may be bleached, unbleached, dyed, colored, or printed. They may include ingredients, additives, or chemistries to enhance functionality including, but not limited to, anti-microbial, antifungal, antibacterial, heat/flame resistant, hydrophobic, oleophobic, absorbent, or adsorbent. Thermoformed molded fiber products may also be subject to other processing or treatments, including, but not limited to, hot or after pressing, die-cutting, punching, trimming, padding, perforating, printing, labeling, dying, coloring, coating, laminating, embossing, debossing, repacking, or denesting. Thermoformed molded fiber products subject to these investigations may also have additional design features, including, but not limited to, tab closures, venting, channeling, or stiffening. Thermoformed molded fiber products remain covered by the scope of these investigations whether the subject product is encased by exterior packaging or whether the subject product forms the outer packaging for non-subject products. They also remain covered by the scope of these investigations whether imported alone, or in any combination of subject and non-subject merchandise (e.g., a lid or cover of any type packaged with a molded fiber bowl, addition of any items to make the thermoformed molded fiber packaging suitable for end-use such as absorbent pads). When thermoformed molded fiber products are imported in combination with non-subject merchandise, only the thermoformed molded fiber products are subject merchandise. Excluded from the scope of these investigations are thermoformed molded fiber products imported as packaging material that enclose and/or surround nonsubject merchandise prepackaged for final sale upon importation into the United States (e.g., molded fiber packaging surrounding a cellular phone). Thermoformed molded fiber products include thermoformed molded fiber products matching the above description that have been finished, packaged, or otherwise processed in a third country by performing finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the thermoformed molded fiber products. Examples of finishing, packaging, or other processing in a third country that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 91331 manufacture of the thermoformed molded fiber products include, but are not limited to, hot or after pressing, die-cutting, punching, trimming, padding, perforating, printing, labeling, dying, coloring, coating, laminating, embossing, debossing, repacking, or denesting. Thermoformed molded fiber products are classified under subheadings 4823.70.0020 and 4823.70.0040, Harmonized Tariff Schedule of the United States (HTSUS). Imports may also be classified under subheadings 4823.61.0020, 4823.61.0040, 4823.69.0020, 4823.69.0040, 4823.90.1000, HTSUS. References to the HTSUS classification are provided for convenience and customs purposes, and the written description of the merchandise under investigation is dispositive. [FR Doc. 2024–26907 Filed 11–18–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–555–006] Paper File Folders From Cambodia: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable November 12, 2024. FOR FURTHER INFORMATION CONTACT: Shane Subler, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241. SUPPLEMENTARY INFORMATION: The Petition On October 21, 2024, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of paper file folders from Cambodia filed in proper form on behalf of the Coalition of Domestic Folder Manufacturers (the petitioner),1 the members of which are domestic producers of paper file folders.2 The CVD Petition was accompanied by antidumping duty (AD) petitions concerning imports of paper file folders from Cambodia and Sri Lanka.3 Between October 25 and 28, 2024, Commerce requested supplemental 1 The members of the Coalition of Domestic Folder Manufacturers (the Coalition) are: Smead Manufacturing Company, Inc. (Smead) and TOPS Products LLC (TOPS). 2 See Petitioners’ Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated October 21, 2024 (Petitions). 3 Id. E:\FR\FM\19NON1.SGM 19NON1 91332 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices information pertaining to certain aspects of the Petition.4 Between October 29 and November 1, 2024, the petitioner filed timely responses to these requests for additional information.5 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of Cambodia (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of paper file folders from Cambodia, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing paper file folders in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition was accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(F) of the Act.6 Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.7 Period of Investigation Because the Petition was filed on October 21, 2024, the period of investigation for the CVD investigation is January 1, 2023, through December 31, 2023.8 Scope of the Investigation The products covered by this investigation are paper file folders from Cambodia. For a full description of the scope of this investigation, see the appendix to this notice. ddrumheller on DSK120RN23PROD with NOTICES1 Comments on the Scope of the Investigation As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage 4 See Commerce’s Letter, ‘‘Supplemental Questions,’’ dated October 25, 2024; see also Commerce’s Letter, ‘‘Supplemental Questions,’’ dated October 28, 2024. 5 See Petitioner’s Letter, ‘‘Response of Petitioner to Volume I Supplemental Questionnaire,’’ dated October 29, 2024 (General Issues Supplement); see also Petitioner’s Letter, ‘‘Response of Petitioner to Volume III Supplemental Questionnaire,’’ dated November 1, 2024. 6 Smead and TOPS are interested parties under section 771(9)(C) of the Act, while the Coalition is an interested party under section 771(9)(F) of the Act. 7 See section on ‘‘Determination of Industry Support for the Petition,’’ infra. 8 See 19 CFR 351.204(b)(2). VerDate Sep<11>2014 17:42 Nov 18, 2024 Jkt 265001 (i.e., scope).9 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, all such factual information should be limited to public information.10 To facilitate preparation of its questionnaire, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on December 2, 2024, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on December 12, 2024, which is 10 calendar days from the initial comment deadline. Commerce requests that any factual information that parties consider relevant to the scope of the investigation be submitted during that time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party must contact Commerce and request permission to submit the additional information. All scope comments must be filed simultaneously on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.11 An electronically filed document must be received successfully in its entirety by the time and date it is due. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOC of the receipt of the Petition and provided an opportunity for consultations with respect to the 9 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Petition.12 The GOC did not request consultations. Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC apply the same statutory definition regarding the domestic like product,13 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.14 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, 12 See Commerce’s Letter, ‘‘Invitation for Consultation to Discuss the Countervailing Duty Petition,’’ dated October 22, 2024. 13 See section 771(10) of the Act. 14 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d Algoma Steel Corp., Ltd. v. United States, 865 F.2d 240 (Fed. Cir. 1989)). E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.15 Based on our analysis of the information submitted on the record, we have determined that paper file folders, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.16 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the appendix to this notice. To establish industry support, the petitioner provided the 2023 total shipment values of the domestic like product for U.S. producers that support the Petitions and compared this to the estimated total shipment values of the domestic like product for the entire domestic industry.17 Because total industry production data for the domestic like product for 2023 are not reasonably available to the petitioner, and the petitioner has established that shipments are a reasonable proxy for production data,18 we have relied on data provided by the petitioner for purposes of measuring industry support.19 Our review of the data provided in the Petition, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.20 First, the Petition established support from ddrumheller on DSK120RN23PROD with NOTICES1 15 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Checklist, ‘‘Countervailing Duty Investigation Initiation Checklist: Paper File Folders from Cambodia,’’ dated concurrently with, and hereby adopted by, this notice (Cambodia CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Paper File Folders from Cambodia and Sri Lanka (Attachment II). This checklist is on file electronically via ACCESS. 16 See Attachment II of the Cambodia CVD Initiation Checklist. 17 Id. 18 Id. 19 For further discussion, see Attachment II of the Cambodia CVD Initiation Checklist. 20 Id. VerDate Sep<11>2014 17:42 Nov 18, 2024 Jkt 265001 domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.23 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.24 Injury Test Because Cambodia is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from Cambodia materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefiting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports from Cambodia individually exceed the negligibility threshold provided for under section 771(24)(A) of the Act.25 Further, in the instance of a CVD petition, section 771(24)(B) of the Act provides that imports of subject merchandise from developing and least 21 Id.; see also section 702(c)(4)(D) of the Act. Attachment II of the Cambodia CVD Initiation Checklist. 23 Id. 24 Id. 25 For further information regarding negligibility and the injury allegation, see Cambodia CVD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Paper File Folders from Cambodia and Sri Lanka (Attachment III). 22 See PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 91333 developed countries must exceed the negligibility threshold of four percent. The petitioner also demonstrates that imports from Cambodia, which has been designated as a least developed country under section 771(36)(B) of the Act, exceed the negligibility threshold of four percent.26 The petitioner contends that the industry’s injured condition is illustrated by the significant and increasing volume of subject imports; reduced market share; underselling and price depression and/or suppression; lost sales and revenues; and declines in the domestic industry’s production, U.S. shipments, net sales, and financial performance.27 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, cumulation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.28 Initiation of CVD Investigation Based upon the examination of the Petition and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of paper file folders benefit from countervailable subsidies conferred by the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 12 of the 12 programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the Cambodia CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection In the Petition, the petitioner identified four companies in Cambodia as producers and/or exporters of paper file folders.29 Commerce intends to follow its standard practice in CVD investigations and calculate companyspecific subsidy rates in this investigation. In the event that Commerce determines that the number 26 Id. 27 Id. 28 Id. 29 See Petition at Volume I (page 18 and Exhibit I–18); see also General Issues Supplement at 1–2 and Exhibit I–S1. E:\FR\FM\19NON1.SGM 19NON1 91334 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices of companies is large and it cannot individually examine each company based on Commerce’s resources, Commerce normally selects mandatory respondents in CVD investigations using U.S. Customs and Border Protection (CBP) entry data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) subheading(s) listed in the ‘‘Scope of the Investigations’’ in the appendix. On November 7, 2024, Commerce released CBP data on imports of paper file folders from Cambodia under administrative protective order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on CBP data and/or respondent selection must do so within three business days of the publication date of the notice of initiation of this investigation.30 Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Interested parties must submit applications for disclosure under administrative protective order (APO) in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https://www.trade.gov/administrativeprotective-orders. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ddrumheller on DSK120RN23PROD with NOTICES1 ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of paper file folders from Cambodia are materially injuring, or threatening material injury to, a U.S. industry.31 A negative ITC determination will result 30 See Memorandum, ‘‘Release of U.S. Customs and Border Protection Entry Data,’’ dated November 7, 2024. 31 See section 703(a)(1) of the Act. VerDate Sep<11>2014 17:42 Nov 18, 2024 Jkt 265001 in the investigation being terminated.32 Otherwise, this CVD investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors of production under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 33 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.34 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301, or as otherwise specified by Commerce.35 For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension 32 Id. 33 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 35 See 19 CFR 351.302. 34 See PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances we will grant untimely filed requests for the extension of time limits, where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce’s regulations concerning the extension of time limits and the Time Limits Final Rule prior to submitting factual information in this investigation.36 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.37 Parties must use the certification formats provided in 19 CFR 351.303(g).38 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letters of appearance). Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).39 This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). Dated: November 12, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix 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 36 See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm. 37 See section 782(b) of the Act. 38 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 39 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023). E:\FR\FM\19NON1.SGM 19NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 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 the 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 of 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 VerDate Sep<11>2014 17:42 Nov 18, 2024 Jkt 265001 • 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 this investigation is dispositive. [FR Doc. 2024–26888 Filed 11–18–24; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–560–836] The merchandise covered by this Order is mattresses from Indonesia. A full description of the scope of the Order is contained in the Issues and Decision Memorandum. Analysis of Comments Received Mattresses From Indonesia: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The U.S. Department of Commerce (Commerce) determines that PT Ecos Jaya Indonesia and PT Grantec Jaya Indonesia (collectively, Ecos/ Grantec) and one non-individually examined company made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR), May 1, 2022, through April 30, 2023. Additionally, Commerce determines that PT. Zinus Global Indonesia (Zinus Indonesia) did not make sales of mattresses from Indonesia at prices below NV during the POR. Moreover, we are rescinding this review with respect to one company that withdrew its request for review and 29 companies that had no reviewable entries during the POR. DATES: Applicable November 19, 2024. FOR FURTHER INFORMATION CONTACT: Brian Smith or Noah Wetzel, 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) 482–1766 or (202) 482–7466, respectively. SUMMARY: SUPPLEMENTARY INFORMATION: Background On June 3, 2024, Commerce published the Preliminary Results of this administrative review and invited Frm 00023 interested parties to comment.1 On July 23, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.2 On October 2, 2024, Commerce extended the deadline for the final results of this administrative review until November 12, 2024.3 For a summary of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.4 Commerce conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 5 DEPARTMENT OF COMMERCE PO 00000 91335 Fmt 4703 Sfmt 4703 We addressed all issues raised in the case and rebuttal briefs filed in this administrative review in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is included in appendix I. 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. Changes Since the Preliminary Results Based on an analysis of the comments received, we made one change to the margin calculation in the Preliminary Results for Ecos/Grantec.6 1 See Mattresses from Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2022–2023, 89 FR 47528 (June 3, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 23, 2024. 3 See Memorandum, ‘‘Extension of Deadline for Final Results of 2022–2023 Antidumping Duty Administrative Review,’’ dated October 2, 2024. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2022– 2023 Antidumping Duty Administrative Review: Mattresses from Indonesia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders and Amended Final Affirmative Antidumping Determination for Cambodia, 86 FR 26460 (May 14, 2021) (Order). 6 See Issues and Decision Memorandum at 4. E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91331-91335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26888]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-555-006]


Paper File Folders From Cambodia: Initiation of Countervailing 
Duty Investigation

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


DATES: Applicable November 12, 2024.

FOR FURTHER INFORMATION CONTACT: Shane Subler, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-6241.

SUPPLEMENTARY INFORMATION:

The Petition

    On October 21, 2024, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
paper file folders from Cambodia filed in proper form on behalf of the 
Coalition of Domestic Folder Manufacturers (the petitioner),\1\ the 
members of which are domestic producers of paper file folders.\2\ The 
CVD Petition was accompanied by antidumping duty (AD) petitions 
concerning imports of paper file folders from Cambodia and Sri 
Lanka.\3\
---------------------------------------------------------------------------

    \1\ The members of the Coalition of Domestic Folder 
Manufacturers (the Coalition) are: Smead Manufacturing Company, Inc. 
(Smead) and TOPS Products LLC (TOPS).
    \2\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated October 21, 2024 
(Petitions).
    \3\ Id.
---------------------------------------------------------------------------

    Between October 25 and 28, 2024, Commerce requested supplemental

[[Page 91332]]

information pertaining to certain aspects of the Petition.\4\ Between 
October 29 and November 1, 2024, the petitioner filed timely responses 
to these requests for additional information.\5\
---------------------------------------------------------------------------

    \4\ See Commerce's Letter, ``Supplemental Questions,'' dated 
October 25, 2024; see also Commerce's Letter, ``Supplemental 
Questions,'' dated October 28, 2024.
    \5\ See Petitioner's Letter, ``Response of Petitioner to Volume 
I Supplemental Questionnaire,'' dated October 29, 2024 (General 
Issues Supplement); see also Petitioner's Letter, ``Response of 
Petitioner to Volume III Supplemental Questionnaire,'' dated 
November 1, 2024.
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of 
Cambodia (GOC) is providing countervailable subsidies, within the 
meaning of sections 701 and 771(5) of the Act, to producers of paper 
file folders from Cambodia, and that such imports are materially 
injuring, or threatening material injury to, the domestic industry 
producing paper file folders in the United States. Consistent with 
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged 
programs on which we are initiating a CVD investigation, the Petition 
was accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(F) of the Act.\6\ Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigation.\7\
---------------------------------------------------------------------------

    \6\ Smead and TOPS are interested parties under section 
771(9)(C) of the Act, while the Coalition is an interested party 
under section 771(9)(F) of the Act.
    \7\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on October 21, 2024, the period of 
investigation for the CVD investigation is January 1, 2023, through 
December 31, 2023.\8\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are paper file folders 
from Cambodia. For a full description of the scope of this 
investigation, see the appendix to this notice.

Comments on the Scope of the Investigation

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\10\ To 
facilitate preparation of its questionnaire, Commerce requests that 
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on December 
2, 2024, which is 20 calendar days from the signature date of this 
notice. Any rebuttal comments, which may include factual information, 
must be filed by 5:00 p.m. ET on December 12, 2024, which is 10 
calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigation be submitted during 
that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided an 
opportunity for consultations with respect to the Petition.\12\ The GOC 
did not request consultations.
---------------------------------------------------------------------------

    \12\ See Commerce's Letter, ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition,'' dated October 22, 2024.
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
---------------------------------------------------------------------------

    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like,

[[Page 91333]]

most similar in characteristics and uses with, the article subject to 
an investigation under this title.'' Thus, the reference point from 
which the domestic like product analysis begins is ``the article 
subject to an investigation'' (i.e., the class or kind of merchandise 
to be investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\15\ Based on our analysis of the information 
submitted on the record, we have determined that paper file folders, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\16\
---------------------------------------------------------------------------

    \15\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Countervailing Duty Investigation Initiation Checklist: 
Paper File Folders from Cambodia,'' dated concurrently with, and 
hereby adopted by, this notice (Cambodia CVD Initiation Checklist), 
at Attachment II, Analysis of Industry Support for the Antidumping 
and Countervailing Duty Petitions Covering Paper File Folders from 
Cambodia and Sri Lanka (Attachment II). This checklist is on file 
electronically via ACCESS.
    \16\ See Attachment II of the Cambodia CVD Initiation Checklist.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2023 total shipment values of the domestic like product for U.S. 
producers that support the Petitions and compared this to the estimated 
total shipment values of the domestic like product for the entire 
domestic industry.\17\ Because total industry production data for the 
domestic like product for 2023 are not reasonably available to the 
petitioner, and the petitioner has established that shipments are a 
reasonable proxy for production data,\18\ we have relied on data 
provided by the petitioner for purposes of measuring industry 
support.\19\
---------------------------------------------------------------------------

    \17\ Id.
    \18\ Id.
    \19\ For further discussion, see Attachment II of the Cambodia 
CVD Initiation Checklist.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, the General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\20\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\23\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\24\
---------------------------------------------------------------------------

    \20\ Id.
    \21\ Id.; see also section 702(c)(4)(D) of the Act.
    \22\ See Attachment II of the Cambodia CVD Initiation Checklist.
    \23\ Id.
    \24\ Id.
---------------------------------------------------------------------------

Injury Test

    Because Cambodia is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from Cambodia materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from Cambodia individually exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\25\ Further, in the instance of a CVD petition, section 771(24)(B) 
of the Act provides that imports of subject merchandise from developing 
and least developed countries must exceed the negligibility threshold 
of four percent. The petitioner also demonstrates that imports from 
Cambodia, which has been designated as a least developed country under 
section 771(36)(B) of the Act, exceed the negligibility threshold of 
four percent.\26\
---------------------------------------------------------------------------

    \25\ For further information regarding negligibility and the 
injury allegation, see Cambodia CVD Initiation Checklist at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Paper File Folders from Cambodia and Sri Lanka 
(Attachment III).
    \26\ Id.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; reduced market share; underselling and price depression and/or 
suppression; lost sales and revenues; and declines in the domestic 
industry's production, U.S. shipments, net sales, and financial 
performance.\27\ We assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, 
cumulation, as well as negligibility, and we have determined that these 
allegations are properly supported by adequate evidence and meet the 
statutory requirements for initiation.\28\
---------------------------------------------------------------------------

    \27\ Id.
    \28\ Id.
---------------------------------------------------------------------------

Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of paper file folders benefit from countervailable 
subsidies conferred by the GOC. In accordance with section 703(b)(1) of 
the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 65 days after the date of this 
initiation.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 12 of the 12 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Cambodia CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection

    In the Petition, the petitioner identified four companies in 
Cambodia as producers and/or exporters of paper file folders.\29\ 
Commerce intends to follow its standard practice in CVD investigations 
and calculate company-specific subsidy rates in this investigation. In 
the event that Commerce determines that the number

[[Page 91334]]

of companies is large and it cannot individually examine each company 
based on Commerce's resources, Commerce normally selects mandatory 
respondents in CVD investigations using U.S. Customs and Border 
Protection (CBP) entry data for U.S. imports under the appropriate 
Harmonized Tariff Schedule of the United States (HTSUS) subheading(s) 
listed in the ``Scope of the Investigations'' in the appendix.
---------------------------------------------------------------------------

    \29\ See Petition at Volume I (page 18 and Exhibit I-18); see 
also General Issues Supplement at 1-2 and Exhibit I-S1.
---------------------------------------------------------------------------

    On November 7, 2024, Commerce released CBP data on imports of paper 
file folders from Cambodia under administrative protective order (APO) 
to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on CBP data and/or 
respondent selection must do so within three business days of the 
publication date of the notice of initiation of this investigation.\30\ 
Comments must be filed electronically using ACCESS. An electronically-
filed document must be received successfully in its entirety via ACCESS 
by 5:00 p.m. ET on the specified deadline. Commerce will not accept 
rebuttal comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------

    \30\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated November 7, 2024.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of paper file folders from Cambodia are 
materially injuring, or threatening material injury to, a U.S. 
industry.\31\ A negative ITC determination will result in the 
investigation being terminated.\32\ Otherwise, this CVD investigation 
will proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \31\ See section 703(a)(1) of the Act.
    \32\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors of production under 19 CFR 351.408(c) or 
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); 
(iv) evidence placed on the record by Commerce; and (v) evidence other 
than factual information described in (i)-(iv). Section 351.301(b) of 
Commerce's regulations requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted \33\ and, if the information is 
submitted to rebut, clarify, or correct factual information already on 
the record, to provide an explanation identifying the information 
already on the record that the factual information seeks to rebut, 
clarify, or correct.\34\ Time limits for the submission of factual 
information are addressed in 19 CFR 351.301, which provides specific 
time limits based on the type of factual information being submitted. 
Interested parties should review the regulations prior to submitting 
factual information in this investigation.
---------------------------------------------------------------------------

    \33\ See 19 CFR 351.301(b).
    \34\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\35\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\36\
---------------------------------------------------------------------------

    \35\ See 19 CFR 351.302.
    \36\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \37\ See section 782(b) of the Act.
    \38\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letters of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\39\
---------------------------------------------------------------------------

    \39\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

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

[[Page 91335]]

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 the 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 of 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 this investigation is dispositive.

[FR Doc. 2024-26888 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P

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