[Federal Register Volume 66, Number 169 (Thursday, August 30, 2001)]
[Notices]
[Pages 45864-45865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21863]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-921 (Final)]


Folding Gift Boxes From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-921 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
less-than-fair-value imports from China of folding gift boxes, covered 
by statistical reporting numbers 4819.20.00.40 and 4819.50.40.60 of the 
Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as folding gift boxes. 
Folding gift boxes are a type of folding or knock-down carton 
manufactured from paper or paperboard. The 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. Excluded from 
the scope of this investigation are folding gift boxes manufactured 
from paper or paperboard of a thickness of more than 0.8 
millimeters, corrugated paperboard, or paper mache. Also excluded 
are folding gift boxes for which no side of the box, when assembled, 
is at least 9 inches in length. 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 term folding gift 
boxes includes 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 folded bottom and a folded top 
as separate pieces. 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 subject 
merchandise also 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). Also excluded are 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 folding gift 
boxes are covered by statistical reporting numbers 4819.20.00.40 and 
4819.50.40.60 of the Harmonized Tariff Schedule of the United 
States.
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    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: August 6, 2001.

FOR FURTHER INFORMATION CONTACT: Valerie Newkirk (202-205-3190), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    The final phase of this investigation is being scheduled as a 
result of an affirmative preliminary determination by the Department of 
Commerce that imports of folding gift boxes from China are being sold 
in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. 1673b). The investigation was 
requested in a petition filed on February 20, 2001, by counsel on 
behalf of Simkins Industries, Inc., New Haven, CT, and Field Container 
Company, L.P., Elk Grove Village, IL (the Commission was subsequently 
notified that the producer is Harvard Folding Box Company, Inc., Lynn, 
MA, not Simkins).

Participation in the Investigation and Public Service List

    Persons, including industrial users of the subject merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and BPI Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI gathered in the final phase of this 
investigation available to authorized applicants under the APO issued 
in the investigation, provided that the application is made no later 
than 21 days prior to the hearing date specified in this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the investigation. A party 
granted access to BPI in the preliminary phase of the investigation 
need not reapply for such access. A separate service list will be 
maintained by the Secretary for those parties authorized to receive BPI 
under the APO.

Staff Report

    The prehearing staff report in the final phase of this 
investigation will be placed in the nonpublic record on October 31, 
2001, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.

Hearing

    The Commission will hold a hearing in connection with the final 
phase of this investigation beginning at 9:30 a.m. on November 15, 
2001, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before November 7, 2001. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on November 9, 2001, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules.

[[Page 45865]]

Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 days prior to the date of the 
hearing.

Written Submissions

    Each party who is an interested party shall submit a prehearing 
brief to the Commission. Prehearing briefs must conform with the 
provisions of section 207.23 of the Commission's rules; the deadline 
for filing is November 7, 2001. Parties may also file written testimony 
in connection with their presentation at the hearing, as provided in 
section 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of section 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is November 23, 2001; 
witness testimony must be filed no later than three days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigation may submit a written statement of 
information pertinent to the subject of the investigation on or before 
November 23, 2001. On December 7, 2001, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before December 11, 2001, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    Issued: August 23, 2001.
    By order of the Commission.
Donna R. Koehnke,
 Secretary.
[FR Doc. 01-21863 Filed 8-29-01; 8:45 am]
BILLING CODE 7020-02-P