Paper File Folders From Cambodia and Sri Lanka: Initiation of Less-Than-Fair-Value Investigations, 91322-91327 [2024-26889]
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
Vietnam (Vietnam). There was a
typographical error in the Harmonized
Tariff Schedule of the United States
(HTSUS) subheadings included in the
scope of the investigations.
FOR FURTHER INFORMATION CONTACT:
Ashley Cossart (China) and Zachary
Shaykin (Vietnam), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0462 and (202) 482–2638,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 4, 2024, Commerce
published in the Federal Register the
initiation notice of the CVD
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 2024–25561,2 on
page 87560, in the second 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 702 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.
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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
1 See Thermoformed Molded Fiber Products from
the People’s Republic of China and the Socialist
Republic of Vietnam: Initiation Countervailing Duty
Investigations, 89 FR 87556 (November 4, 2024).
2 Id.
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using one or more heated molds, and dried/
cured in the mold.
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
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merchandise from the scope of the
investigations if performed in the country of
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. 2024–26908 Filed 11–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–555–005, A–542–806]
Paper File Folders From Cambodia and
Sri Lanka: Initiation of Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable November 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Kelsie Hohenberger (Cambodia) and
Rachel Jennings (Sri Lanka), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2517 and (202) 482–1110,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
The Petitions
On October 21, 2024, the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of paper
file folders from Cambodia and Sri
Lanka 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 AD
Petitions were accompanied by a
countervailing duty (CVD) petition
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).
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concerning imports of paper file folders
from Cambodia.3
Between October 25 and 28, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in supplemental
questionnaires.4 The petitioner
responded to Commerce’s supplemental
questionnaires on October 29 and 30,
2024.5
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of paper file folders from Cambodia and
Sri Lanka are being, or are likely to be,
sold in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
paper file folders industry in the United
States. Consistent with section 732(b)(1)
of the Act, the Petitions were
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petitions 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 for the initiation of the
requested LTFV investigations.7
Periods of Investigation
Because the Petitions were filed on
October 21, 2024, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for the Cambodia
and Sri Lanka LTFV investigations is
October 1, 2023, through September 30,
2024.
Scope of the Investigations
The products covered by these
investigations are paper file folders from
Cambodia and Sri Lanka. For a full
description of the scope of these
investigations, see the appendix to this
notice.
ddrumheller on DSK120RN23PROD with NOTICES1
3 Id.
4 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated October 25, 2024 (General Issues
Questionnaire); see also Country-Specific AD
Supplemental Questionnaires: Cambodia
Supplemental and Sri Lanka Supplemental, dated
October 25 and 26, 2024, respectively.
5 See Petitioner’s Letters, ‘‘Response of Petitioner
to Volume I Supplemental Questionnaire,’’ dated
October 29, 2024 (General Issues Supplement); see
also Country-Specific AD Supplemental Responses:
Cambodia AD Supplement and Sri Lanka AD
Supplement, dated October 30, 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 Petitions,’’ infra.
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Comments on the Scope of the
Investigations
Comments on Product Characteristics
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).8 Commerce will consider
all scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
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, and should also be
limited to public 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 these
investigations be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations 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 LTFV 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.10 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
10 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.
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Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of paper file folders to be reported in
response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant cost of production (COP)
accurately, as well as to develop
appropriate product comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
paper file folders, it may be that only a
select few product characteristics take
into account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on December
2, 2024, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on December 12, 2024, which
is 10 calendar days from the initial
comment deadline. All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of each
of the LTFV investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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
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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 732(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,11 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.12
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
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
11 See
section 771(10) of the Act.
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)).
12 See
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investigations.13 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.14
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ 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.15 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.16 We relied on the data
provided by the petitioner for purposes
of measuring industry support.17
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.18
First, the Petitions 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).19 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
13 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklists,
‘‘Antidumping Duty Investigation Initiation
Checklists: Paper File Folders from Cambodia and
Sri Lanka,’’ dated concurrently with, and hereby
adopted by, this notice (Country-Specific AD
Initiation Checklists), 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). These checklists are on file electronically via
ACCESS.
14 See Attachment II of the Country-Specific AD
Initiation Checklists.
15 Id.
16 Id.
17 For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
18 See Attachment II of the Country-Specific AD
Initiation Checklists.
19 Id.; see also section 732(c)(4)(D) of the Act.
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workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.20 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
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 Petitions.21 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.22
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports from Cambodia exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.23
With respect to Sri Lanka, while the
allegedly dumped imports do not
exceed the statutory requirements for
negligibility,24 the petitioner alleges and
provides supporting evidence that: (1)
there is a reasonable indication that the
data obtained in the ITC’s investigation
will establish that imports exceed the
negligibility threshold; 25 and (2) there is
the potential that imports from Sri
Lanka will imminently exceed the
negligibility threshold and, therefore,
are not negligible for purposes of a
threat determination.26 The petitioner’s
arguments regarding the limitations of
publicly available import data and the
collection of scope-specific import data
in the ITC’s investigation are consistent
with the SAA. Furthermore, the
petitioner’s arguments regarding the
potential for imports from Sri Lanka to
20 See Attachment II of the Country-Specific AD
Initiation Checklists.
21 Id.
22 Id.
23 For further information regarding negligibility
and the injury allegation, see Country-Specific AD
Initiation Checklists 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).
24 Id.
25 Id.; see also Statement of Administrative
Action Accompanying the Uruguay Round
Agreements Act, H.R. Doc 103–316, Vol. 1 (1994)
(SAA).
26 See Attachment III of the Country-Specific AD
Initiation Checklists; see also section 771(24)(A)(iv)
of the Act.
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imminently exceed the negligibility
threshold are consistent with the
statutory criteria for ‘‘negligibility in
threat analysis’’ under section
771(24)(A)(iv) of the Act, which
provides that imports shall not be
treated as negligible if there is a
potential that subject imports from a
country will imminently exceed the
statutory requirements for negligibility.
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
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
LTFV investigations of imports of paper
file folders from Cambodia and Sri
Lanka. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the
Country-Specific AD Initiation
Checklists.
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U.S. Price
For Cambodia, the petitioner based
export price (EP) on pricing information
for paper file folders produced in
Cambodia and sold or offered for sale in
the U.S. market during the POI.29 For
Sri Lanka, the petitioner based EP on
the POI average unit value derived from
official import statistics for imports of
paper file folders from Sri Lanka.30 For
each country, the petitioner made
certain adjustments to U.S. price to
calculate a net ex-factory U.S. price,
where applicable.31
obtain home market or third-country
prices for paper file folders in the
respective countries to use as a basis for
NV.33 Therefore, for both countries, the
petitioner calculated NV based on CV.
For further discussion of CV, see the
section ‘‘Normal Value Based on
Constructed Value.’’
folders from Cambodia and Sri Lanka
are being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of these initiations.
Normal Value Based on Constructed
Value
As noted above, for Cambodia and Sri
Lanka, the petitioner stated it was
unable to obtain home market or thirdcountry prices for paper file folders to
use as a basis for NV. Therefore, for both
countries, the petitioner calculated NV
based on CV.
Pursuant to section 773(e) of the Act,
the petitioner calculated CV as the sum
of the cost of manufacturing, selling,
general and administrative (SG&A)
expenses, financial expenses, and
profit.34 For both countries, in
calculating the cost of manufacturing,
the petitioner relied on the production
experience and input consumption rates
of a U.S. producer of paper file folders,
valued using publicly available
information applicable to the respective
countries, where applicable.35 In
calculating SG&A expenses, financial
expenses, and profit ratios, the
petitioner relied on the fiscal year 2023
financial statements of producers of
comparable merchandise domiciled in
each country, respectively.36
Respondent Selection
In the Petitions, the petitioner
identified four companies in Cambodia
and five companies in Sri Lanka as
producers and/or exporters of paper file
folders.38 Following standard practice
in LTFV investigations involving market
economy countries, in the event
Commerce determines that the number
of companies is large, and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for 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 and Sri
Lanka 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 these
investigations.39 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 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.
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of paper file folders from
Cambodia and Sri Lanka are being, or
are likely to be, sold in the United States
at LTFV. Based on comparisons of EP to
NV in accordance with sections 772 and
773 of the Act, the estimated dumping
margins for paper file folders for each of
the countries covered by this initiation
are as follows: (1) Cambodia—127.58 to
288.36 percent; and (2) Sri Lanka—
23.57 to 91.28 percent.37
Normal Value 32
For Cambodia and Sri Lanka, the
petitioner stated that it was unable to
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating LTFV investigations to
determine whether imports of paper file
27 See Attachment III of the Country-Specific AD
Initiation Checklists.
28 Id.
29 See Cambodia AD Initiation Checklist.
30 See Sri Lanka AD Initiation Checklist.
31 See Country-Specific AD Initiation Checklists.
32 In accordance with section 773(b)(2) of the Act,
for these investigations, Commerce will request
information necessary to calculate the constructed
value (CV) and COP to determine whether there are
reasonable grounds to believe or suspect that sales
of the foreign like product have been made at prices
that represent less than the COP of the product.
33 See Country-Specific AD Initiation Checklists.
34 Id.
35 Id.
36 Id.
37 Id.
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Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Cambodia and Sri
Lanka via ACCESS. To the extent
38 See Petitions at Volume I (page 18 and Exhibit
I–18); see also General Issues Supplement at 1–2
and Exhibit I–S1.
39 See Country-Specific Memoranda, ‘‘Release of
U.S. Customs and Border Protection Entry Data,’’
dated November 7, 2024.
E:\FR\FM\19NON1.SGM
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91326
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
practicable, we will attempt to provide
a copy of the public version of the
Petitions to each exporter named in the
Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of paper file folders from Cambodia
and/or Sri Lanka are materially injuring,
or threatening material injury to, a U.S.
industry.40 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.41 Otherwise, these LTFV
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
ddrumheller on DSK120RN23PROD with NOTICES1
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 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 42 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.43 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 these
investigations.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
40 See
43 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
VerDate Sep<11>2014
17:42 Nov 18, 2024
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.44 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
44 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.
section 733(a) of the Act.
41 Id.
42 See
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act (i.e., a costbased PMS allegation), the submission
must be filed in accordance with the
requirements of 19 CFR 351.416(b), and
Commerce will respond to such a
submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that
a cost-based PMS exists under section
773(e) of the Act, then it will modify its
dumping calculations appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), sets a deadline
for the submission of cost-based PMS
allegations and supporting factual
information. However, in order to
administer section 773(e) of the Act,
Commerce must receive PMS allegations
and supporting factual information with
enough time to consider the submission.
Thus, should an interested party wish to
submit a cost-based PMS allegation and
supporting new factual information
pursuant to section 773(e) of the Act, it
must do so no later than 20 days after
submission of a respondent’s initial
section D questionnaire response.
We note that a PMS allegation filed
pursuant to sections 773(a)(1)(B)(ii)(III)
or 773(a)(1)(C)(iii) of the Act (i.e., a
sales-based PMS allegation) must be
filed within 10 days of submission of a
respondent’s initial section B
questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and
351.404(c)(2).
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Sfmt 4703
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 these
investigations.45
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.46
Parties must use the certification
formats provided in 19 CFR
351.303(g).47 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 these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).48
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
45 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
46 See section 782(b) of the Act.
47 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
48 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
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
Scope of the Investigations
The products within the scope of these
investigations 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 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
VerDate Sep<11>2014
17:42 Nov 18, 2024
Jkt 265001
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 these
investigations is dispositive.
[FR Doc. 2024–26889 Filed 11–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–910, C–570–911]
Circular Welded Carbon Quality Steel
Pipe From the People’s Republic of
China: Initiation of Circumvention
Inquiry on the Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
Bull Moose Tube Company, Maruichi
American Corporation, Wheatland Tube
Company, and the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO,
CLC (collectively, the domestic
interested parties), the U.S. Department
of Commerce (Commerce) is initiating a
country-wide circumvention inquiry to
determine whether circular welded
carbon quality steel pipe (CWP) from
the People’s Republic of China (China),
which is completed in the Sultanate of
Oman (Oman) from hot-rolled steel
(HRS) produced in China, is
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on CWP from China.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, AD/CVD Operations, Office
IV Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
91327
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4037.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2024, pursuant to section
781(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.226(i), the domestic interested
parties filed circumvention inquiry
requests alleging that CWP completed in
Oman using HRS manufactured in
China is circumventing the AD and CVD
Orders 1 on CWP from China and,
accordingly, should be included within
the scope of the Orders.2 On July 19,
2024, Al Jazeera Steel Products Co.
SAOG (Al Jazeera), an Omani producer
of CWP, filed comments in opposition
to the domestic interested parties’
request.3 On July 29, 2024, the domestic
interested parties filed rebuttal
comments to Al Jazeera’s July 19, 2024
comments.4
On August 12, 2024, we extended the
deadline to initiate this circumvention
inquiry by 30 days, in accordance with
19 CFR 351.226(d)(1).5
On August 28, 2024, we issued a
request for information questionnaire to
the domestic interested parties.6 In the
Request for Information, we clarified
that we issued the request because we
had found that the request to conduct
the circumvention inquiry was
insufficient for purposes of initiation, in
accordance with 19 CFR 351.226(d)(1).
Additionally, we clarified that 30-day
time period for Commerce to consider
AGENCY:
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Fmt 4703
Sfmt 4703
1 See Notice of Antidumping Duty Order: Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China, 73 FR 42547 (July 22, 2008); see
also Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China: Notice of
Amended Final Affirmative Countervailing Duty
Determination and Notice of Countervailing Duty
Order, 73 FR 42545 (July 22, 2008) (collectively,
Orders).
2 See Domestic Interested Parties’ Letter,
‘‘Circular Welded Carbon Quality Steel Pipe from
the People’s Republic of China—Request for
Circumvention Inquiry’’, dated July 9, 2024.
3 See Al Jazeera’s Letter, ‘‘Circular Welded
Carbon-Quality Steel Pipe from the People’s
Republic of China; Al Jazeera comments on
petitioners’ request for anti-circumvention inquiry,’’
dated July 19, 2024.
4 See Domestic Interested Parties’ Letter,
‘‘Circular Welded Carbon Quality Steel Pipe from
the People’s Republic of China—Response and
Rebuttal Factual Information Regarding Comments
on Request for Circumvention Inquiry,’’ dated July
29, 2024.
5 See Memorandum, ‘‘Circular Welded Carbon
Quality Steel Pipe from the People’s Republic of
China (A–570–910 and C–570–911): Extension of
Time to Determine Whether to Initiate
Circumvention Inquiry,’’ dated August 12, 2024.
6 See Commerce’s Letter, ‘‘Circumvention Request
with Respect to the Antidumping Order and
Countervailing Duty Order on Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Request for Information,’’ dated
August 28, 2024 (Request for Information).
E:\FR\FM\19NON1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91322-91327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26889]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-005, A-542-806]
Paper File Folders From Cambodia and Sri Lanka: Initiation of
Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 12, 2024.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger (Cambodia) and
Rachel Jennings (Sri Lanka), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-2517 and (202) 482-1110, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 21, 2024, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of paper
file folders from Cambodia and Sri Lanka 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 AD Petitions were accompanied by a countervailing duty (CVD)
petition
[[Page 91323]]
concerning imports of paper file folders from Cambodia.\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
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\4\ The petitioner responded to Commerce's
supplemental questionnaires on October 29 and 30, 2024.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Supplemental Questions,'' dated
October 25, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: Cambodia Supplemental and
Sri Lanka Supplemental, dated October 25 and 26, 2024, respectively.
\5\ See Petitioner's Letters, ``Response of Petitioner to Volume
I Supplemental Questionnaire,'' dated October 29, 2024 (General
Issues Supplement); see also Country-Specific AD Supplemental
Responses: Cambodia AD Supplement and Sri Lanka AD Supplement, dated
October 30, 2024.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of paper file
folders from Cambodia and Sri Lanka are being, or are likely to be,
sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the paper
file folders industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions were accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions 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 for the
initiation of the requested LTFV investigations.\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
Petitions,'' infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on October 21, 2024, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the
Cambodia and Sri Lanka LTFV investigations is October 1, 2023, through
September 30, 2024.
Scope of the Investigations
The products covered by these investigations are paper file folders
from Cambodia and Sri Lanka. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
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).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\9\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
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, and should also be limited to public information,
must be filed by 5:00 p.m. ET on December 12, 2024, which is 10
calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations 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
LTFV 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.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\10\ 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.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of paper file folders to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant cost of production
(COP) accurately, as well as to develop appropriate product comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe paper file folders, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on December 2,
2024, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on December 12,
2024, which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the LTFV
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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
[[Page 91324]]
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 732(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,\11\ 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.\12\
---------------------------------------------------------------------------
\11\ See section 771(10) of the Act.
\12\ 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, 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 investigations.\13\ 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.\14\
---------------------------------------------------------------------------
\13\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Paper File Folders from Cambodia and Sri Lanka,'' dated
concurrently with, and hereby adopted by, this notice (Country-
Specific AD Initiation Checklists), 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). These checklists are on file electronically via
ACCESS.
\14\ See Attachment II of the Country-Specific AD Initiation
Checklists.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' 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.\15\ 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.\16\ We relied on the data
provided by the petitioner for purposes of measuring industry
support.\17\
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\15\ Id.
\16\ Id.
\17\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\18\ First, the Petitions 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).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions 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 Petitions.\21\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
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\18\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\19\ Id.; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports from Cambodia exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\23\ With respect to
Sri Lanka, while the allegedly dumped imports do not exceed the
statutory requirements for negligibility,\24\ the petitioner alleges
and provides supporting evidence that: (1) there is a reasonable
indication that the data obtained in the ITC's investigation will
establish that imports exceed the negligibility threshold; \25\ and (2)
there is the potential that imports from Sri Lanka will imminently
exceed the negligibility threshold and, therefore, are not negligible
for purposes of a threat determination.\26\ The petitioner's arguments
regarding the limitations of publicly available import data and the
collection of scope-specific import data in the ITC's investigation are
consistent with the SAA. Furthermore, the petitioner's arguments
regarding the potential for imports from Sri Lanka to
[[Page 91325]]
imminently exceed the negligibility threshold are consistent with the
statutory criteria for ``negligibility in threat analysis'' under
section 771(24)(A)(iv) of the Act, which provides that imports shall
not be treated as negligible if there is a potential that subject
imports from a country will imminently exceed the statutory
requirements for negligibility.
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\23\ For further information regarding negligibility and the
injury allegation, see Country-Specific AD Initiation Checklists 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).
\24\ Id.
\25\ Id.; see also Statement of Administrative Action
Accompanying the Uruguay Round Agreements Act, H.R. Doc 103-316,
Vol. 1 (1994) (SAA).
\26\ See Attachment III of the Country-Specific AD Initiation
Checklists; see also section 771(24)(A)(iv) of the Act.
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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\
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\27\ See Attachment III of the Country-Specific AD Initiation
Checklists.
\28\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of paper file folders from Cambodia and Sri Lanka. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For Cambodia, the petitioner based export price (EP) on pricing
information for paper file folders produced in Cambodia and sold or
offered for sale in the U.S. market during the POI.\29\ For Sri Lanka,
the petitioner based EP on the POI average unit value derived from
official import statistics for imports of paper file folders from Sri
Lanka.\30\ For each country, the petitioner made certain adjustments to
U.S. price to calculate a net ex-factory U.S. price, where
applicable.\31\
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\29\ See Cambodia AD Initiation Checklist.
\30\ See Sri Lanka AD Initiation Checklist.
\31\ See Country-Specific AD Initiation Checklists.
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Normal Value 32
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\32\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For Cambodia and Sri Lanka, the petitioner stated that it was
unable to obtain home market or third-country prices for paper file
folders in the respective countries to use as a basis for NV.\33\
Therefore, for both countries, the petitioner calculated NV based on
CV. For further discussion of CV, see the section ``Normal Value Based
on Constructed Value.''
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\33\ See Country-Specific AD Initiation Checklists.
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Normal Value Based on Constructed Value
As noted above, for Cambodia and Sri Lanka, the petitioner stated
it was unable to obtain home market or third-country prices for paper
file folders to use as a basis for NV. Therefore, for both countries,
the petitioner calculated NV based on CV.
Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general and
administrative (SG&A) expenses, financial expenses, and profit.\34\ For
both countries, in calculating the cost of manufacturing, the
petitioner relied on the production experience and input consumption
rates of a U.S. producer of paper file folders, valued using publicly
available information applicable to the respective countries, where
applicable.\35\ In calculating SG&A expenses, financial expenses, and
profit ratios, the petitioner relied on the fiscal year 2023 financial
statements of producers of comparable merchandise domiciled in each
country, respectively.\36\
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\34\ Id.
\35\ Id.
\36\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of paper file folders from Cambodia and Sri Lanka
are being, or are likely to be, sold in the United States at LTFV.
Based on comparisons of EP to NV in accordance with sections 772 and
773 of the Act, the estimated dumping margins for paper file folders
for each of the countries covered by this initiation are as follows:
(1) Cambodia--127.58 to 288.36 percent; and (2) Sri Lanka--23.57 to
91.28 percent.\37\
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\37\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of paper file folders from Cambodia and Sri Lanka are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
In the Petitions, the petitioner identified four companies in
Cambodia and five companies in Sri Lanka as producers and/or exporters
of paper file folders.\38\ Following standard practice in LTFV
investigations involving market economy countries, in the event
Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, where appropriate, Commerce intends to select mandatory
respondents based on U.S. Customs and Border Protection (CBP) data for
imports under the appropriate Harmonized Tariff Schedule of the United
States (HTSUS) subheading(s) listed in the ``Scope of the
Investigations,'' in the appendix.
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\38\ See Petitions at Volume I (page 18 and Exhibit I-18); see
also General Issues Supplement at 1-2 and Exhibit I-S1.
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On November 7, 2024, Commerce released CBP data on imports of paper
file folders from Cambodia and Sri Lanka 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
these investigations.\39\ 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.
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\39\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated November 7, 2024.
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Interested parties must submit applications for disclosure under
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 Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Cambodia and Sri Lanka via ACCESS. To
the extent
[[Page 91326]]
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of paper file folders from Cambodia and/or Sri
Lanka are materially injuring, or threatening material injury to, a
U.S. industry.\40\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\41\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\40\ See section 733(a) of the Act.
\41\ Id.
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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 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 \42\ 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.\43\ 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 these investigations.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 351.404(c)(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.\44\ 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 these investigations.\45\
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\44\ 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.
\45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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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 these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\48\
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\48\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
[[Page 91327]]
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products within the scope of these investigations 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 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 these investigations is dispositive.
[FR Doc. 2024-26889 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P
