[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Notices]
[Pages 43181-43183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20835]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-866]


Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination: Certain Folding 
Gift Boxes From the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amended preliminary antidumping duty determination of 
sales at less than fair value and postponement of final determination: 
certain folding gift boxes from the People's Republic of China.

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EFFECTIVE DATE: August 17, 2001.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or George Callen, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0410 and (202) 482-0180, 
respectively.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to the provisions codified at 19 CFR part 
351 (2000).

Significant Ministerial Error

    The Department of Commerce (the Department) is amending the 
preliminary determination of sales at less than fair value in the 
antidumping duty investigation of certain folding gift boxes from the 
People's Republic of China (PRC) to reflect the correction of 
significant ministerial errors made in the margin calculations 
regarding Max Fortune Industrial Ltd. (Max Fortune) and Red Point Paper 
Products Co., Ltd. (Red Point), in that determination, pursuant to 19 
CFR 351.224(g)(1) and (g)(2). A ministerial error is defined as an 
error in addition, subtraction, or other arithmetic function, clerical 
error resulting from inaccurate copying, duplication, or the like, and 
any other similar type of unintentional error which the Secretary 
considers ministerial. See 19 CFR 351.224(f). A significant ministerial 
error is defined as an error, the correction of which, singly or in 
combination with other errors, would result in (1) a change of at least 
five absolute percentage points in, but not less than 25 percent of, 
the weighted-average dumping margin calculated in the original 
(erroneous) preliminary determination; or (2) a difference between a 
weighted-average dumping margin of zero or de minimis and a weighted-
average dumping margin of greater than de minimis or vice versa. See 19 
CFR 351.224(g). We are publishing this amendment to the preliminary 
determination pursuant to 19 CFR 351.224(e). As a result of this 
amended preliminary determination, we have revised the antidumping 
rates for two respondents, Max Fortune and Red Point.

Scope of Investigation

    The products covered by this investigation are certain folding gift 
boxes. Certain folding gift boxes are a type of folding or knock-down 
carton manufactured from paper or paperboard. Certain folding gift 
boxes are produced from a variety of recycled and virgin paper or 
paperboard materials, including, but not limited to, clay-coated paper 
or paperboard and kraft (bleached or unbleached) paper or paperboard. 
The scope of the investigation excludes gift boxes manufactured from 
paper or paperboard of a thickness of more than 0.8 millimeters, 
corrugated paperboard, or paper mache. The scope of the investigation 
also excludes those gift boxes for which no side of the box, when 
assembled, is at least nine inches in length.
    Certain folding gift boxes are typically decorated with a holiday 
motif using various processes, including printing, embossing, 
debossing, and foil stamping, but may also be plain white or printed 
with a single color. The subject merchandise includes certain folding 
gift boxes, with or without handles, whether finished or unfinished, 
and whether in one-piece or multi-piece configuration. One-piece gift 
boxes are die-cut or otherwise formed so that the top, bottom, and 
sides form a single, contiguous unit. Two-piece gift boxes are those 
with a

[[Page 43182]]

folded bottom and a folded top as separate pieces. Certain folding gift 
boxes are generally packaged in shrink-wrap, cellophane, or other 
packaging materials, in single or multi-box packs for sale to the 
retail customer. The scope of the investigation excludes folding gift 
boxes that have a retailer's name, logo, trademark or similar company 
information printed prominently on the box's top exterior (such folding 
gift boxes are often known as ``not-for-resale'' gift boxes or ``give-
away'' gift boxes and may be provided by department and specialty 
stores at no charge to their retail customers). The scope of the 
investigation also excludes folding gift boxes where both the outside 
of the box is a single color and the box is not packaged in shrink-
wrap, cellophane, other resin-based packaging films, or paperboard.
    Imports of the subject merchandise are classified under Harmonized 
Tariff Schedules of the United States (HTSUS) subheadings 4819.20.00.40 
and 4819.50.40.60. These subheadings also cover products that are 
outside the scope of this investigation. Furthermore, although the 
HTSUS subheadings are provided for convenience and customs purposes, 
our written description of the scope of this investigation is 
dispositive.

Ministerial Error Allegation

    On July 30, 2001, the Department issued its affirmative preliminary 
determination in this proceeding. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Certain Folding Gift 
Boxes from the People's Republic of China, 66 FR 40973 (August 6, 2001) 
(Preliminary Determination). Two respondent manufacturers/exporters, 
Max Fortune and Red Point, are participating in this investigation.
    On August 6, 2001, the Department received timely allegations of 
ministerial errors in the Preliminary Determination from Red Point and 
Max Fortune. Red Point alleged that the Department inadvertently used 
the value for ink in place of the value for shrink wrap in its margin 
calculation for Red Point. See letter from Red Point alleging 
ministerial errors in the Preliminary Determination (August 6, 2001). 
Max Fortune alleged two ministerial errors: (1) The Department used an 
incorrect unit cost for declaration fees by converting the cost to a 
per-piece basis as if it had been reported on a per-kilogram basis 
rather than on a per-set basis, and (2) the Department did not convert 
either seaport fees or documentation fees from Hong Kong dollars to 
U.S. dollars. See letter from Max Fortune alleging ministerial errors 
in the Preliminary Determination (August 6, 2001).
    The Department has reviewed its preliminary calculations and agrees 
that the errors which Red Point and Max Fortune alleged are ministerial 
errors do constitute ministerial errors within the meaning of 19 CFR 
351.224(f). Furthermore, we determine these are ministerial errors 
which rise to the level of ``significant errors'' pursuant to 19 CFR 
351.224(g)(1) and (g)(2), and we are amending the Preliminary 
Determination to reflect the correction of these significant 
ministerial errors made in the margin calculations for Max Fortune and 
Red Point in that determination, pursuant to 19 CFR 351.224(e). See the 
Red Point Amended Preliminary Calculation Memorandum dated August 7, 
2001, and the Max Fortune Amended Preliminary Calculation Memorandum 
dated August 7, 2001.
    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 733(d) and (f) of the 
Act.

Amended Preliminary Determination

    As a result of our correction of ministerial errors, we have 
determined that the following weighted-average dumping margins apply. 
In accordance with section 733(d) of the Act, we are directing the 
Customs Service to suspend liquidation of all imports of subject 
merchandise from the PRC, except for subject merchandise produced and 
exported by Max Fortune (which has a de minimis weighted-average 
margin), that are entered, or withdrawn from warehouse, for consumption 
on or after the date of publication of this notice in the Federal 
Register. We will instruct the Customs Service to require a cash 
deposit or the posting of a bond equal to the weighted-average amount 
by which the normal value exceeds the export price or constructed 
export price, as indicated in the chart below. These suspension-of-
liquidation instructions will remain in effect until further notice.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                       percent
                                                                margin
------------------------------------------------------------------------
Red Point Paper Products Co., Ltd..........................        19.96
Max Fortune Industrial Ltd.................................         0.39
PRC-wide rate..............................................       164.75
------------------------------------------------------------------------

    The PRC-wide rate has not been amended, and applies to all entries 
of the subject merchandise except for entries from exporters/producers 
that are identified individually above.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2)(A) of the Act provides that a final determination 
may be postponed until not later than 135 days after the publication of 
the preliminary determination if, in the event of an affirmative 
determination, a request for such postponement is made by exporters who 
account for a significant proportion of exports of the subject 
merchandise. The Department's regulations, at 19 CFR 351.210(e)(2), 
require that requests by respondents for postponement of a final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to not more than six months.
    On August 8, 2001, Red Point requested that the Department postpone 
its final determination until November 12, 2001 (which is not later 
than 135 days after the date of the publication of the preliminary 
determination in the Federal Register), and requested an extension of 
the provisional measures. In accordance with 19 CFR 351.210(b)(2)(ii), 
because (1) our preliminary determination is affirmative, (2) the 
respondent requesting the postponement accounts for a significant 
proportion of exports of the subject merchandise (see Memorandum from 
Laurie Parkhill to Richard W. Moreland dated May 1, 2001), and (3) no 
compelling reasons for denial exist, we are granting the respondent's 
request and are postponing the final determination. Because November 
12, 2001, is a federal holiday, we are postponing the final 
determination until November 13, 2001. Suspension of liquidation will 
be extended accordingly.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our amended preliminary determination. If our final 
determination is affirmative, the ITC will determine before the later 
of 120 days after the date of the preliminary determination or 45 days 
after our final determination whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports, or sales (or the likelihood of sales) for 
importation, of the subject merchandise.

Public Comment

    Because of the aforementioned postponement of the final

[[Page 43183]]

determination, case briefs or other written comments may be submitted 
to the Assistant Secretary for Import Administration no later than 
October 2, 2001, and rebuttal briefs, limited to issues raised in case 
briefs, no later than October 9, 2001. See 19 CFR 351.309(c)(1)(i) and 
(d)(1). A list of authorities used and an executive summary of issues 
should accompany any briefs submitted to the Department. This summary 
should be limited to five pages total, including footnotes. In 
accordance with section 774 of the Act, we will hold a public hearing, 
if requested, to afford interested parties an opportunity to comment on 
arguments raised in case or rebuttal briefs. Tentatively, any hearing 
will be held on October 12, 2001, at the U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW., Washington, DC 20230, at a 
time and location to be determined. Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date. Interested parties who wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration, U.S. Department of 
Commerce, Room 1870, September 5, 2001 (within 30 days of the date of 
publication of the Preliminary Determination). See 19 CFR 351.310(c). 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. At the hearing, each party may make an affirmative 
presentation only on issues raised in that party's case brief and may 
make rebuttal presentations only on arguments included in that party's 
rebuttal brief. See 19 CFR 351.310(c).
    If this investigation proceeds normally, we will make our final 
determination no later than November 13, 2001.
    This determination is issued and published in accordance with 
sections 733(f), 735(a)(2), and 777(i)(1) of the Act and 19 CFR 
351.210(b)(2).

    Dated: August 13, 2001.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-20835 Filed 8-16-01; 8:45 am]
BILLING CODE 3510-DS-P