[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Pages 54547-54548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25445]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-849]


Commodity Matchbooks From India: Final Affirmative Countervailing 
Duty Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of commodity matchbooks from India. For information on the estimated 
subsidy rates, see the ``Suspension of Liquidation'' section of this 
notice.

EFFECTIVE DATE: October 22, 2009.

FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3964 and (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Period of Investigation

    The period for which we are measuring subsidies, i.e., the period 
of investigation (POI), is January 1, 2007 through December 31, 2007.

Case History

    The following events have occurred since the publication of the 
Department's preliminary determination in the Federal Register. See 
Commodity Matchbooks from India: Preliminary Affirmative Countervailing 
Duty Determination and Alignment of Final Countervailing Duty 
Determination with Final Antidumping Duty Determination, 74 FR 15444 
(April 6, 2009). The Department conducted a verification of the 
Government of India's (GOI) questionnaire responses regarding the 
administration of the Export Promotion Capital Goods Scheme (EPCGS) on 
May 4, 2009, in New Delhi, India. See Memorandum to Dana Mermelstein, 
Program Manager for AD/CVD Operations, Office 6, from Sean Carey, Case 
Analyst, AD/CVD Operations, Office 6, ``Verification of the 
Questionnaire Responses Submitted by the Government of India,'' dated 
August 7, 2009. On May 5 through 8, 2009, the Department verified the 
information submitted by the sole respondent in this investigation, 
Triveni Safety Matches Pvt. Ltd. (Triveni), at its corporate 
headquarters in Mumbai, India. See Memorandum to Dana Mermelstein, 
Program Manager for AD/CVD Operations, Office 6, from Sean Carey, Case 
Analyst, AD/CVD Operations, Office 6, ``Verification of the 
Questionnaire Responses Submitted by Triveni Safety Matches Pvt. 
Ltd.,'' dated August 7, 2009. The Department released its briefing 
schedule on August 7, 2009, notifying all parties of the deadlines for 
submission of case and rebuttal briefs. No case briefs were filed by 
any of the interested parties. The memoranda cited above are available 
at the Department's Central Records Unit (Room 1117 in the HCHB 
Building) (hereafter referred to as ``CRU'').

Scope of the Investigation

    The scope of this investigation covers commodity matchbooks, also 
known as commodity book matches, paper matches or booklet matches.\1\ 
Commodity matchbooks typically, but do not necessarily, consist of 
twenty match stems which are usually made from paperboard or similar 
material tipped with a match head composed of any chemical formula. The 
match stems may be stitched, stapled or otherwise fastened into a 
matchbook cover of any material, on which a striking strip composed of 
any chemical formula has been applied to assist in the ignition 
process.
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    \1\ Such commodity matchbooks are also referred to as ``for 
resale'' because they always enter into retail channels, meaning 
businesses that sell a general variety of tangible merchandise, 
e.g., convenience stores, supermarkets, dollar stores, drug stores 
and mass merchandisers.
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    Commodity matchbooks included in the scope of this investigation 
may or may not contain printing. For example, they may have no printing 
other than the identification of the manufacturer or importer. 
Commodity matchbooks may also be printed with a generic message such as 
``Thank You'' or a generic image such as the American Flag, with store 
brands (e.g., Kroger, 7-Eleven, Shurfine or Giant); product brands for 
national or regional advertisers such as cigarettes or alcoholic 
beverages; or with corporate brands for national or regional 
distributors (e.g., Penley Corp. or Diamond Brands). They all enter 
retail distribution channels. Regardless of the materials used for the 
stems of the matches and regardless of the way the match stems are 
fastened to the matchbook cover, all commodity matchbooks are included 
in the scope of this investigation. All matchbooks, including commodity 
matchbooks, typically comply with the United States Consumer Product 
Safety Commission (CPSC) Safety Standard for Matchbooks, codified at 16 
CFR Sec.  1202.1 et seq.
    The scope of this investigation excludes promotional matchbooks, 
often referred to as ``not for resale,'' or ``specialty advertising'' 
matchbooks, as they do not enter into retail channels and are sold to 
businesses that provide hospitality, dining, drinking or entertainment 
services to their customers, and are given away by these businesses as 
promotional items. Such promotional matchbooks are distinguished by the 
physical

[[Page 54548]]

characteristic of having the name and/or logo of a bar, restaurant, 
resort, hotel, club, caf[eacute]/coffee shop, grill, pub, eatery, 
lounge, casino, barbecue or individual establishment printed 
prominently on the matchbook cover. Promotional matchbook cover 
printing also typically includes the address and the phone number of 
the business or establishment being promoted.\2\ Also excluded are all 
other matches that are not fastened into a matchbook cover such as 
wooden matches, stick matches, box matches, kitchen matches, pocket 
matches, penny matches, household matches, strike-anywhere matches (aka 
``SAW'' matches), strike-on-box matches (aka ``SOB'' matches), 
fireplace matches, barbeque/grill matches, fire starters, and wax 
matches.
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    \2\ The gross distinctions between commodity matchbooks and 
promotional matchbooks may be summarized as follows: (1) if it has 
no printing, or is printed with a generic message such as ``Thank 
You'' or a generic image such as the American Flag, or printed with 
national or regional store brands or corporate brands, it is 
commodity; (2) if it has printing, and the printing includes the 
name of a bar, restaurant, resort, hotel, club, caf[eacute]/coffee 
shop, grill, pub, eatery, lounge, casino, barbecue, or individual 
establishment prominently displayed on the matchbook cover, it is 
promotional.
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    The merchandise subject to this investigation is properly 
classified under subheading 3605.00.0060 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Subject merchandise may also 
enter under subheading 3605.00.0030 of the HTSUS. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise under investigation is 
dispositive.

Injury Test

    Because India is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Tariff Act of 1930, as amended (the 
Act), the International Trade Commission (ITC) is required to 
determine, pursuant to section 701(a)(2) of the Act, whether imports of 
the subject merchandise from India materially injure, or threaten 
material injury to, a United States industry. On December 19, 2008, the 
ITC published its preliminary determination that there is a reasonable 
indication that an industry in the United States is materially injured 
by reason of allegedly subsidized imports from the PRC of subject 
merchandise. See Commodity Matchbooks from India; Determinations, 73 FR 
77840 (December 19, 2008); and Commodity Matchbooks from India 
(Preliminary), USITC Pub. 4054, Inv. Nos. 701-TA-459 and 731-TA 1155 
(December 2008).

Analysis of Programs

    A complete description and discussion of the programs that the 
Department investigated are addressed in the Issues and Decision 
Memorandum for the Final Affirmative Countervailing Duty Determination: 
Commodity Matchbooks from India, from John M. Andersen, Acting Deputy 
Assistant Secretary, to Ronald K. Lorentzen, Acting Assistant 
Secretary, dated October 15, 2009 (``Issues and Decision Memorandum''). 
Modifications to the calculations based on verification are also 
discussed in this memorandum. Parties can find this public memorandum 
in the Department's CRU. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly on the internet at 
http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic 
version of the Issues and Decision Memorandum are identical in content.

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated an individual subsidy rate for the company under 
investigation, Triveni, below. Section 705(c)(5)(A)(i) of the Act 
states that for companies not investigated, we 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. As Triveni 
was the only exporter/manufacturer under investigation, the all others 
rate is based on Triveni's total subsidy rate calculated for this final 
determination.

------------------------------------------------------------------------
                Exporter/Manufacturer                  Net Subsidy Rate
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Triveni Safety Matches Pvt. Limited.................               9.88%
All Others..........................................               9.88%
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    In accordance with section 703(d) of the Act, we instructed U.S. 
Customs and Border Protection to discontinue the suspension of 
liquidation for countervailing duty purposes for subject merchandise 
entered on or after August 4, 2009, but to continue the suspension of 
liquidation of entries made from April 6, 2009 through August 3, 2009.
    We will issue a countervailing duty order and reinstate the 
suspension of liquidation under section 706(a) of the Act if the ITC 
issues a final affirmative injury determination, and we will require a 
cash deposit of estimated countervailing duties for such entries of 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and nonproprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an Administrative Protective Order (APO), without the written 
consent of the Assistant Secretary for Import Administration.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: October 15, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-25445 Filed 10-21-09; 8:45 am]
BILLING CODE 3510-DS-S