[Federal Register Volume 67, Number 5 (Tuesday, January 8, 2002)]
[Notices]
[Pages 864-865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-436]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-866]


Notice of Antidumping Duty Order: Certain Folding Gift Boxes From 
the People's Republic of China

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

ACTION: Notice of antidumping duty order.

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SUMMARY: On December 5, 2001, the Department of Commerce issued its 
amended final determination of sales at less than fair value with 
respect to certain folding gift boxes from the People's Republic of 
China. On December 26, 2001, the International Trade Commission 
notified the Department of its determination that an industry in the 
United States is being injured by reason of imports of subject 
merchandise from the People's Republic of China that are sold at less 
than fair value. The Department of Commerce hereby issues an 
antidumping duty order on certain folding gift boxes from the People's 
Republic of China.

EFFECTIVE DATE: January 8, 2002.

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.

[[Page 865]]

The Applicable Statute

    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. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations at 19 CFR part 351 (April 2001).

Scope of the Order

    The products covered by this order are certain folding gift boxes. 
Folding gift boxes are a type of folding or knock-down carton 
manufactured from paper or paperboard. 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 
order excludes gift boxes manufactured from paper or paperboard of a 
thickness of more than 0.8 millimeters, corrugated paperboard, or paper 
mache. The scope also excludes those gift boxes for which no side of 
the box, when assembled, is at least nine inches in length.
    Folding gift boxes included in this scope 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 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 scope 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 order 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 4819.20.0040 
and 4819.50.4060. These subheadings also cover products that are 
outside the scope of this order. Furthermore, although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this order is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act, the Department 
made its final determination that certain folding gift boxes from the 
People's Republic of China (``PRC'') are being sold at less than fair 
value. See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Folding Gift Boxes From the People's Republic of China, 
66 FR 58115 (November 20, 2001). We received ministerial error 
allegations from one respondent and upon consideration of these 
allegations, we issued an amended final determination. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value: Certain 
Folding Gift Boxes From the People's Republic of China, 66 FR 63216 
(December 5, 2001).
    On December 26, 2001, in accordance with section 735(d) of the Act, 
the International Trade Commission (``the Commission'') notified the 
Department of its final determination pursuant to section 
735(b)(1)(A)(i) of the Tariff Act that an industry in the United States 
is materially injured by reason of less-than-fair-value imports of 
subject merchandise from the PRC. Therefore, in accordance with section 
736(a)(1) of the Act, the Department will direct the Customs Service to 
assess, upon further advice by the Department, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price of the merchandise for all relevant entries of folding 
gift boxes from the PRC. These antidumping duties will be assessed on 
all unliquidated entries of folding gift boxes from the PRC entered, or 
withdrawn from the warehouse, for consumption on or after August 6, 
2001, the date on which the Department published its 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). On or after the date of publication of this notice, 
the Customs Service must require, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
equal to the estimated weighted-average antidumping duty margins as 
noted below for all companies except Max Fortune Industrial Ltd. 
Because we found a de minimis margin for Max Fortune Industrial Ltd., 
Max Fortune Industrial Ltd. is excluded from this order. The ``PRC-
wide'' rate applies to all exporters of subject merchandise not 
specifically listed. The weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Weighted-
                  Exporter/manufacturer                       average
                                                          percent margin
------------------------------------------------------------------------
Red Point Paper Products Co., Ltd.......................            8.90
Max Fortune Industrial Ltd. (de minimis)................            1.67
PRC-wide Rate...........................................          164.75
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    This notice constitutes the antidumping duty order with respect to 
folding gift boxes from the PRC. Interested parties may contact the 
Department's Central Records Unit, Room B-099 of the main Commerce 
building, for copies of an updated list of antidumping duty orders 
currently in effect.
    This order is published in accordance with section 736(a) of the 
Act.

    Dated: January 2, 2002.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-436 Filed 1-7-02; 8:45 am]
BILLING CODE 3510-DS-P