[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65740-65741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29571]



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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-849]


Commodity Matchbooks from India: Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the U.S. International Trade Commission 
(ITC), the Department is issuing a countervailing duty order on 
commodity matchbooks from India.

EFFECTIVE DATE: December 11, 2009.

FOR FURTHER INFORMATION CONTACT: Andrew Huston or Dana Mermelstein, AD/
CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4261 and (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on October 22, 2009, the Department published its 
final determination in the countervailing duty investigation of 
commodity matchbooks from India. See Commodity Matchbooks From India: 
Final Affirmative Countervailing Duty Determination, 74 FR 54547 
(October 22, 2009). On December 4, 2009, the ITC notified the 
Department of its final determination, pursuant to section 
705(b)(1)(A)(i) of the Act, that an industry in the United States is 
materially injured by reason of subsidized imports of subject 
merchandise from India. See Commodity Matchbooks from India, USITC Pub. 
4090, Investigation Nos. 701-TA-459 and 731-TA-1155 (Final) (November 
2009).

Scope of the Order

    The scope of this order 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 order 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 order 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 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 order 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 subject to this order is dispositive.

Countervailing Duty Order

    On December 4, 2009, the ITC notified the Department of its final 
determination, made pursuant to section 705(b)(1)(A)(i) of the Act, 
that an industry in the United States is materially injured as a result 
of subsidized imports of commodity matchbooks from India. As a result 
of the ITC's final determination, in accordance with section 706(a) of 
the Act, the Department will direct U.S. Customs and Border Protection 
(CBP) to assess, upon further instruction by the Department, 
countervailing duties on all unliquidated entries of commodity 
matchbooks from India entered, or withdrawn from warehouse, for 
consumption on or after April 6, 2009, the date on which the Department 
published its preliminary affirmative countervailing duty determination 
in the Federal Register \3\, and before August 4, 2009, the date on 
which the Department instructed CBP to discontinue the suspension of 
liquidation in accordance with section 703(d) of the Act. Section 
703(d) of the Act states that the suspension of liquidation pursuant to 
a preliminary countervailing duty determination may not remain in 
effect for more than four months. Entries of commodity matchbooks made 
on or after August 4, 2009, and prior to the date of publication of the 
ITC's final determination in the Federal Register, are not liable for 
the assessment of countervailing duties, due to the

[[Page 65741]]

Department's discontinuation, effective August 4, 2009, of the 
suspension of liquidation.
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    \3\ 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).
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    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation for commodity 
matchbooks from India, effective the date of publication of the ITC's 
notice of final determination in the Federal Register, and to assess, 
upon further advice by the Department, pursuant to section 706(a)(1) of 
the Act, countervailing duties for each entry of the subject 
merchandise in the amount of the net countervailable subsidy rates for 
the subject merchandise. On or after the date of publication of the 
ITC's final injury determination in the Federal Register, CBP must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

------------------------------------------------------------------------
                Exporter/Manufacturer                  Net Subsidy Rate
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Triveni Safety Matches Pvt. Limited.................        9.88[percnt]
All Others..........................................        9.88[percnt]
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    This notice constitutes the countervailing duty order with respect 
to commodity matchbooks from India pursuant to section 706(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room 1117 of the main Commerce building, for copies of an updated 
list of countervailing duty orders currently in effect.
    This countervailing duty order is issued and published in 
accordance with sections 705(c)(2), 706(a) and 777(i)(1) of the Act, 
and 19 CFR 351.211.

    Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29571 Filed 12-10-09; 8:45 am]
BILLING CODE 3510-DS-S