[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65737-65739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29572]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-848]


Commodity Matchbooks from India: Antidumping 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 International Trade Commission (the 
ITC), the Department is issuing an antidumping duty order on commodity 
matchbooks from India. On December 4, 2009, the ITC notified the 
Department of its affirmative determination of material injury to a 
U.S. industry.

EFFECTIVE DATE: December 11, 2009.

FOR FURTHER INFORMATION CONTACT: Holly Phelps or Elizabeth Eastwood, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0656 and (202) 482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 22, 2009, the Department published its affirmative final 
determination of sales at less-than-fair-value in the antidumping duty 
investigation of commodity matchbooks from India. See Notice of Final 
Determination of Sales at Less Than Fair Value: Commodity Matchbooks 
from India, 74 FR 54536 (Oct. 22, 2009).
    On December 4, 2009, the ITC notified the Department of its final 
determination pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is materially 
injured by reason of less-than-fair-value imports of commodity 
matchbooks from India. See section 735(b)(1)(A)(i) of the Act.

Scope of the Order

    The scope of this order includes 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 order.
    All matchbooks, including commodity matchbooks, typically comply 
with the United States Consumer Product Safety Commission (CPSC) Safety 
Standard for Matchbooks, codified at 16 CFR 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

[[Page 65738]]

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 covered by the order is dispositive.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not remain in effect for more than four months except 
where exporters representing a significant proportion of exports of the 
subject merchandise request the Department to extend that four-month 
period to no more than six months. At the request of the exporters that 
accounted for a significant proportion of exports of the subject 
merchandise in the investigations of commodity matchbooks from India, 
we extended the four-month period to no more than six months. See 
Commodity Matchbooks from India: Notice of Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final Determination, 
74 FR 26366 (June 2, 2009) (Preliminary Determination).
    In this investigation, the six-month period beginning on the date 
of the publication of the preliminary determination (i.e., June 2, 
2009) ended on November 29, 2009. Furthermore, section 737 of the Act 
states that definitive duties are to begin on the date of publication 
of the ITC's final injury determination. Therefore, in accordance with 
section 733(d) of the Act, we will instruct U.S. Customs and Border 
Protection (CBP) to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of commodity matchbooks from India entered, or withdrawn from 
warehouse, for consumption on or after November 29, 2009, and before 
the date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation will resume on or after the 
date of publication of the ITC's final injury determination in the 
Federal Register.

Antidumping Duty Order

    On December 4, 2009, in accordance with section 735(d) of the Act, 
the ITC notified the Department of its final determination that an 
industry in the United States is materially injured within the meaning 
of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value 
imports of commodity matchbooks from India. Therefore, in accordance 
with section 736(a)(1) of the Act, the Department will direct CBP to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the U.S. price of the merchandise for all relevant entries of 
commodity matchbooks from India. These antidumping duties will be 
assessed on all unliquidated entries of commodity matchbooks from India 
entered, or withdrawn from warehouse, for consumption on or after June 
2, 2009, the date on which the Department published its notice of 
preliminary determination in the Federal Register, but prior to 
November 29, 2009. See Preliminary Determination, 74 FR at 26366.
    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, pursuant to 
section 736(a)(3) of the Act, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
for the subject merchandise equal to the estimated weighted-average 
antidumping margins listed below, adjusted for export subsidies found 
in the final determination of the companion countervailing duty 
investigation of this merchandise. Specifically, for cash deposit 
purposes, we are subtracting from the applicable cash deposit rate that 
portion of the rate attributable to the export subsidies found in the 
affirmative countervailing duty determination for each respondent 
(i.e., 9.88 percent for Triveni, and 9.88 percent for ``All Others'').
    The weighted-average margins and cash deposit rates are as follows:

------------------------------------------------------------------------
                                   Weighted-average    Cash deposit rate
      Producer or exporter         margin (percent)        (percent)
------------------------------------------------------------------------
Triveni Safety Matches Pvt. Ltd.               66.07               56.19
All Others......................               66.07               56.19
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[[Page 65739]]

    The ``All Others'' rate applies to all entries of the subject 
merchandise except for entries from the company identified individually 
above.
    This notice constitutes the antidumping duty orders with respect to 
commodity matchbooks from India, pursuant to section 736(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 antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. E9-29572 Filed 12-10-09; 8:45 am]
BILLING CODE 3510-DS-S