Paper File Folders From the Kingdom of Cambodia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 14110-14112 [2025-05392]
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Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Notices
grinding or any other finishing, packaging, or
processing that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the ferrosilicon.
Ferrosilicon is currently classifiable under
subheadings 7202.21.1000, 7202.21.5000,
7202.21.7500, 7202.21.9000, 7202.29.0010,
and 7202.29.0050 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While the HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope remains
dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Analysis of Programs
VI. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply AFA to TELF
Comment 2: Whether Commerce Erred in
Selecting TELF as a Mandatory
Respondent in this Investigation
Comment 3: Whether Commerce Should
Apply AFA to Kazchrome
Comment 4: Whether Commerce Should
Revise its Selection of Loan Benchmarks
Comment 5: Whether Commerce Erred in
the Calculation of Benefits Under the
Compensation Rules Grants by Treating
the Program as a Recurring Subsidy
Comment 6: Whether Commerce Should
Revise the Calculation of Benefits for the
Loan Interest Rate Subsidies under the
Business Road Map 2025 (BRM) Program
by Comparing the Interest Rate Paid by
YDD with the Loan Benchmark Interest
Rate
Comment 7: Whether Commerce Should
Revise the Calculation of Benefits for
YDD’s Tax Programs by Using the Tax
Returns for the POI Rather than the Tax
Returns Filed During the POI
Comment 8: Whether Kazchrome’s Benefits
Under the Corporate Income Tax
Exemption for Priority Investment
Projects under the Entrepreneur Code is
Tied to Non-Subject Merchandise
VII. Recommendation
[FR Doc. 2025–05304 Filed 3–27–25; 8:45 am]
BILLING CODE 3510–DS–P
The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of paper file
folders from the Kingdom of Cambodia
(Cambodia). The period of investigation
(POI) is January 1, 2023, through
December 31, 2023. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable March 28, 2025.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or Brandon James, 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) 482–6241
and (202) 482–7472, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 19, 2024.1 On January 10,
2025, Commerce postponed the
preliminary determination of this
investigation, and the deadline is now
March 24, 2025.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are paper file folders from
DEPARTMENT OF COMMERCE
International Trade Administration
1 See
ddrumheller on DSK120RN23PROD with NOTICES1
[C–555–006]
Paper File Folders From the Kingdom
of Cambodia: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Paper File Folders from Cambodia:
Initiation of Countervailing Duty Investigation, 89
FR 91331 (November 19, 2024) (Initiation Notice).
2 See Paper File Folders from the Kingdom of
Cambodia: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 90 FR 1957 (January 10, 2025).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Paper File
Folders from the Kingdom of Cambodia,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Sfmt 4703
Cambodia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).5 No interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6 In
making its determination, Commerce
relied, in part, on facts otherwise
available. Further, because Commerce
found that certain parties did not act to
the best of their abilities to respond to
Commerce’s requests for information,
Commerce has drawn an adverse
inference where appropriate in selecting
from among the facts otherwise
available.7 For a full description of the
methodology underlying our
preliminary determination, see the
Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination with the final
determination in the companion
antidumping duty (AD) investigation of
paper file folders from Cambodia based
on a request made by the petitioner.8
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
August 4, 2025, unless postponed.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
8 See Petitioner’s Letter, ‘‘Petitioner’s Request to
Align Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated February
20, 2025. The petitioner is the Coalition of Domestic
Folder Manufacturers.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act state that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. Section 705(c)(5)(A)(i) of the
Act states that for companies not
individually investigated, Commerce
will determine an ‘‘all-others’’ rate equal
to the weighted average countervailable
subsidy rates established for exporters
and producers individually
investigated, excluding any zero and de
minimis countervailable subsidy rates,
and any rates determined entirely under
section 776 of the Act.
In this investigation, Commerce
preliminarily calculated an individual
estimated countervailable subsidy rate
for Three Color Stone Stationery
(Cambodia) Co., Ltd. (Three Color), the
only individually examined exporter/
producer in this investigation. Because
the only individually calculated rate is
not zero, de minimis, or based entirely
on facts otherwise available, the
estimated weighted-average rate
calculated for Three Color is the rate
preliminarily assigned to all other
producers and exporters, pursuant to
section 705(c)(5)(A)(i) of the Act.
of the date of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation.9 A timeline for the
submission of case briefs and written
comments will be notified to interested
Preliminary Determination
parties at a later date. Rebuttal briefs,
Commerce preliminarily determines
limited to issues raised in the case
that the following estimated
briefs, may be filed not later than five
countervailable subsidy rates exist:
days after the date for filing case
briefs.10 Interested parties who submit
Subsidy rate
case briefs or rebuttal briefs in this
Company
(percent
proceeding must submit: (1) a table of
ad valorem)
contents listing each issue; and (2) a
Three Color Stone Stationery
table of authorities.11
(Cambodia) Co., Ltd .........
21.53
As provided under 19 CFR
All Others ..............................
21.53 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
Suspension of Liquidation
interested parties to provide an
executive summary of their brief that
In accordance with sections
should be limited to five pages total,
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and including footnotes. In this
investigation, we instead request that
Border Protection (CBP) to suspend
interested parties provide at the
liquidation of entries of subject
beginning of their briefs a public,
merchandise as described in Appendix
executive summary for each issue raised
I to this notice entered, or withdrawn
from warehouse, for consumption on or in their briefs.12 Further, we request that
interested parties limit their public,
after the date of the publication of this
executive summary of each issue to no
notice in the Federal Register. Further,
more than 450 words, not including
pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require
9 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
a cash deposit equal to the rates
351.303 (for general filing requirements).
indicated above.
10 See 19 CFR 351.309(d); see also Administrative
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
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Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
11 See 19 351.309(c)(2) and (d)(2).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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14111
citations. We intend to use the public,
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final determination
in this investigation. We request that
interested parties include footnotes for
relevant citations in the public,
executive summary of each issue. Note
that Commerce has amended certain of
its requirements pertaining to the
service of documents in 19 CFR
351.303(f).13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination whether imports of paper
file folders from Cambodia are
materially injuring, or threaten material
injury to, the U.S. industry.14
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: March 24, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products within the scope of this
investigation are file folders consisting
primarily of paper, paperboard, pressboard,
13 See
14 See
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APO and Service Final Rule.
section 705(b)(2) of the Act.
28MRN1
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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
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• 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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Alignment
IV. Injury Test
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Subsidies Valuation Information
VII. Benchmarks for Measuring the Adequacy
of Remuneration
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2025–05392 Filed 3–27–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–860]
Ferrosilicon From Brazil: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
imports of ferrosilicon from Brazil are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) for the period of investigation
January 1, 2023, through December 31,
2023.
SUMMARY:
Applicable March 28, 2025.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore 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) 482–3640 or (202) 482–7466,
respectively.
DATES:
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2024, Commerce
published the Preliminary
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Sfmt 4703
Determination in the Federal Register.1
We invited interested parties to
comment on the Preliminary
Determination. For a summary of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2 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.
Scope of the Investigation
The product covered by this
investigation is ferrosilicon from Brazil.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
No interested party commented on the
scope of the investigation as it appeared
in the Preliminary Determination.
Therefore, we made no changes to the
scope of the investigation.
Verification
Commerce conducted verification of
the information relied upon in making
its final determination in this
investigation, in accordance with
section 782(i) of the Tariff Act of 1930,
as amended (the Act). Specifically,
Commerce conducted on-site
verifications of the cost and sales
information submitted by Companhia de
Ferro Ligas da Bahia S.A. (Ferbasa) and
Minasligas S.A. (Minasligas).3 We used
standard verification procedures,
including an examination of relevant
sales and accounting records, and
original source documents provided by
Ferbasa and Minasligas.
1 See Ferrosilicon from Brazil: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 89 FR
88004 (November 6, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Ferrosilicon from Brazil,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memoranda, ‘‘Verification of the Sales
Response of Companhia de Ferro Ligas de Bahia in
the Antidumping Investigation of Ferrosilicon from
Brazil,’’ dated January 31, 2025; and ‘‘Verification
of the Sales Response of Minasligas S.A. in the
Antidumping Investigation of Ferrosilicon from
Brazil,’’ dated January 31, 2025.
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Agencies
[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14110-14112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05392]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-555-006]
Paper File Folders From the Kingdom of Cambodia: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of paper file folders from the Kingdom of
Cambodia (Cambodia). The period of investigation (POI) is January 1,
2023, through December 31, 2023. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable March 28, 2025.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Brandon James, 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) 482-6241 and (202)
482-7472, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November
19, 2024.\1\ On January 10, 2025, Commerce postponed the preliminary
determination of this investigation, and the deadline is now March 24,
2025.\2\
---------------------------------------------------------------------------
\1\ See Paper File Folders from Cambodia: Initiation of
Countervailing Duty Investigation, 89 FR 91331 (November 19, 2024)
(Initiation Notice).
\2\ See Paper File Folders from the Kingdom of Cambodia:
Postponement of Preliminary Determination in the Countervailing Duty
Investigation, 90 FR 1957 (January 10, 2025).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Paper File Folders from the Kingdom of Cambodia,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are paper file folders
from Cambodia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ No interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\ In making its determination, Commerce relied, in part, on
facts otherwise available. Further, because Commerce found that certain
parties did not act to the best of their abilities to respond to
Commerce's requests for information, Commerce has drawn an adverse
inference where appropriate in selecting from among the facts otherwise
available.\7\ For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination with the final determination in
the companion antidumping duty (AD) investigation of paper file folders
from Cambodia based on a request made by the petitioner.\8\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled to be
issued no later than August 4, 2025, unless postponed.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Petitioner's Request to Align
Countervailing Duty Investigation Final Determination with
Antidumping Duty Investigation Final Determination,'' dated February
20, 2025. The petitioner is the Coalition of Domestic Folder
Manufacturers.
---------------------------------------------------------------------------
[[Page 14111]]
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act state that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. Section
705(c)(5)(A)(i) of the Act states that for companies not individually
investigated, Commerce will determine an ``all-others'' rate equal to
the weighted average countervailable subsidy rates established for
exporters and producers individually investigated, excluding any zero
and de minimis countervailable subsidy rates, and any rates determined
entirely under section 776 of the Act.
In this investigation, Commerce preliminarily calculated an
individual estimated countervailable subsidy rate for Three Color Stone
Stationery (Cambodia) Co., Ltd. (Three Color), the only individually
examined exporter/producer in this investigation. Because the only
individually calculated rate is not zero, de minimis, or based entirely
on facts otherwise available, the estimated weighted-average rate
calculated for Three Color is the rate preliminarily assigned to all
other producers and exporters, pursuant to section 705(c)(5)(A)(i) of
the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Three Color Stone Stationery (Cambodia) Co., Ltd........ 21.53
All Others.............................................. 21.53
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Suspension of Liquidation
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
Appendix I to this notice entered, or withdrawn from warehouse, for
consumption on or after the date of the publication of this notice in
the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation.\9\ A timeline for the submission of case briefs and
written comments will be notified to interested parties at a later
date. Rebuttal briefs, limited to issues raised in the case briefs, may
be filed not later than five days after the date for filing case
briefs.\10\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\11\
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\9\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\12\
Further, we request that interested parties limit their public,
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public, executive summaries
as the basis of the comment summaries included in the issues and
decision memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the public, executive summary of each issue. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of paper file
folders from Cambodia are materially injuring, or threaten material
injury to, the U.S. industry.\14\
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\14\ See section 705(b)(2) of the Act.
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Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: March 24, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products within the scope of this investigation are file
folders consisting primarily of paper, paperboard, pressboard,
[[Page 14112]]
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 this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Alignment
IV. Injury Test
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation Information
VII. Benchmarks for Measuring the Adequacy of Remuneration
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2025-05392 Filed 3-27-25; 8:45 am]
BILLING CODE 3510-DS-P