[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14269-14270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05055]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-866]
Folding Gift Boxes From the People's Republic of China: Final
Results of the Second Sunset Review and Continuation of the Antidumping
Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 26, 2012, the Department of Commerce (the
``Department'') published the preliminary results of the second sunset
review of the antidumping duty order on folding gift boxes from the
People's Republic of China (``PRC''). We gave interested parties an
opportunity to comment on the preliminary results. The Folding Gift
Boxes Fair Trade Coalition (``Domestic Parties'') \1\ filed comments in
support of the Department's preliminary results and no other party
submitted comments. Further, as a result of the determinations by the
Department and the International Trade Commission (``ITC'') that
revocation of the antidumping duty order would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty order.
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\1\ The Folding Gift Boxes Fair Trade Coalition is comprised of
Harvard Folding Gift Box Company, Inc. and Graphic Packaging
International, Inc., both U.S. producers of folding gift boxes.
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DATES: Effective Date: March 5, 2013.
FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-2623.
SUPPLEMENTARY INFORMATION:
Background
On October 26, 2012, the Department published the preliminary
results \2\ of the second sunset review on the antidumping duty order
\3\ on folding gift boxes from the PRC. We invited interested parties
to comment on the Preliminary Results. Domestic Parties filed comments
in support of the Department's Preliminary Results and no other party
submitted comments. Due to the complex issues discussed in the
Preliminary Results, the Department has conducted a full sunset review
pursuant to section 75l(c)(5)(C) of the Tariff Act of 1930, as amended
(``the Act'').
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\2\ See Folding Gift Boxes From the People's Republic of China:
Preliminary Results of the Second Sunset Review of the Antidumping
Duty Order, 77 FR 65361 (October 26, 2012) (``Preliminary
Results'').
\3\ See Notice of Antidumping Duty Order: Certain Folding Gift
Boxes From the People's Republic of China, 67 FR 864 (January 8,
2002) (``Order'').
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On December 10, 2012, the ITC determined, pursuant to section
751(c) of the Act, that revocation of the Order would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\4\
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\4\ See Folding Gift Boxes from China: Investigation No. 731-TA-
921 (Second Review), USITC Publication 4365 (November 2012).
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Scope of the Order
The products covered by the 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 the 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 the order. Furthermore, although the
HTSUS subheadings are provided for convenience and customs purposes,
our written description of the scope of the order is dispositive.
Final Determination of Likelihood of Continuation or Recurrence of
Dumping
In the Preliminary Results, the Department preliminarily determined
that dumping would likely continue or recur if the Order were revoked,
because the Department found dumping above de minimis levels in the
investigation segment of this proceeding, and we determined that
folding gift box imports from the PRC have been increasing in volume
during the period of this sunset review. Thus, since issuance of the
Order, dumping has continued at rates exceeding de minimis levels,
which suggests that dumping is likely to continue if the Order is
revoked.
As stated above, Domestic Parties submitted comments in support of
our Preliminary Results, and we did not receive comment from any
respondent interested party. Therefore, for the reasons explained in
the Preliminary Results, we continue to determine dumping would likely
continue or recur if the Order were revoked.
Final Determination of Magnitude of the Dumping Margin Likely To
Prevail
In the Preliminary Results, the Department noted that section
752(c)(3) of the Act provides that the administering authority shall
provide to the ITC the magnitude of the margin of dumping that is
likely to prevail if the order were revoked. While normally, the
Department will select a margin from the final determination in the
investigation because that is the only
[[Page 14270]]
calculated rate that reflects the behavior of exporters without the
discipline of an order or suspension agreement in place, under certain
circumstances, the Department may select a more recently calculated
rate to report to the ITC. Thus, we determined that the margins likely
to prevail were the order revoked would be above de minimis. As stated
above, Domestic Parties submitted comments in support of our
Preliminary Results, and we did not receive comments from any
respondent interested party. Therefore, for the reasons explained in
the Preliminary Results, we continue to determine that the margins
likely to prevail were the Order revoked would be above de minimis.
Final Results of Sunset Review
Pursuant to section 751(c) of the Act, the Department determines
that revocation of the Order on folding gift boxes from the PRC would
likely lead to continuation or recurrence of dumping at the rate listed
below:
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Exporter Weighted-average margin
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All exporters \5\......................... Above de minimis.
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\5\ Max Fortune Industrial Ltd. was excluded from the Order. See
Order.
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Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or 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.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the Order on folding gift boxes from the PRC would
likely lead to a continuation or recurrence of dumping and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, the Department hereby orders the continuation of
the antidumping duty order on folding gift boxes from the PRC. U.S.
Customs and Border Protection will continue to collect antidumping duty
cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise. The effective date of the continuation
of the Order will be the date of publication in the Federal Register of
this notice of final results and continuation. Pursuant to section
751(c)(2) of the Act, the Department intends to initiate the next five-
year review of the Order not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: February 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05055 Filed 3-4-13; 8:45 am]
BILLING CODE 3510-DS-P