[Federal Register Volume 80, Number 47 (Wednesday, March 11, 2015)]
[Notices]
[Pages 12800-12801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05565]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-849]
Commodity Matchbooks From India: Final Results of Expedited
Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) finds that
revocation of the countervailing duty (CVD) order on commodity
matchbooks from India would be likely to lead to continuation or
recurrence of a countervailable subsidy at the levels indicated in the
final results of review section of this notice.
DATES: Effective Date: March 11, 2015.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Office VII, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5255.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2014, the Department initiated a sunset review of
the CVD order on commodity matchbooks from India \1\ pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On
November 18, 2014, D.D. Bean & Sons Co. (D.D. Bean) filed a notice of
intent to participate in the review.\3\ D.D. Bean claimed interested
party status under section 771(9)(C) of the Act, as a domestic producer
of the domestic like product.\4\
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\1\ See Commodity Matchbooks from India: Countervailing Duty
Order, 74 FR 65740 (December 11, 2009).
\2\ See Initiation of Five Year (``Sunset) Review, 79 FR 65186
(November 3, 2014).
\3\ See Letter from D.D. Bean to the Department, ``Five Year
(``Sunset Review'') Countervailing Duty Order on Commodity
Matchbooks from India--Notice of Intent to Participate,'' dated
November 18, 2014.
\4\ In its response, D.D. Bean claims to be the sole U.S.
producer of the domestic like product. Id. at 1.
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The Department received an adequate substantive response from the
domestic industry within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ The Department did not receive a response from the
Government of India or any respondent interested party to the
proceeding. Because the Department received no response from the
respondent interested parties, the Department conducted an expedited
review of this CVD order, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2).
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\5\ See Letter from D.D. Bean to the Department, ``Commodity
Matchbooks from India,'' dated December 3, 2014; see also Memo to
the File from David Crespo, Senior Analyst, AD/CVD Operations Office
II, ``RE: Telephone Conversation with D.D. Bean & Sons Co.,'' dated
December 4, 2014.
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Scope of the Order
The scope of this order covers commodity matchbooks, also known as
commodity book matches, paper matches or booklet matches.\6\ 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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\6\ 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 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.\7\ 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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\7\ 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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Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum. The issues discussed in the Issues and Decision
Memorandum include the likelihood of continuation or recurrence of a
countervailable subsidy and the net countervailable subsidy likely to
prevail if the CVD Order were revoked. Parties can find a complete
discussion of all issues raised in this expedited sunset review and the
corresponding recommendations in this public memorandum which is on
file electronically via the Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized
[[Page 12801]]
Electronic System (ACCESS).\8\ ACCESS is available to registered users
at http://access.trade.gov and to all parties in the Central Records
Unit, Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at http://enforcement.trade.gov/frn/index/html. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
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\8\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''): http://ia.access.trade.gov
to http://access.trade.gov. The Final Rule changing the references
to the Regulations can be found at 79 FR 6906 (November 20, 2014).
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Final Results of Review
Pursuant to sections 752(b)(1) and (3) of the Act, we determine
that revocation of the CVD order on commodity matchbooks from India
would be likely to lead to continuation or recurrence of a net
countervailable subsidy at the rates listed below:
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Net
countervailable
Manufacturers/Exporters/Producers subsidy
(percent)
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Triveni Safety Matches Pvt. Limited.................. 9.88
All Others........................................... 9.88
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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 orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
The Department is issuing and publishing these final results and
this notice in accordance with sections 751(c), 752(b), and 777(i)(1)
of the Act.
Dated: March 3, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-05565 Filed 3-10-15; 8:45 am]
BILLING CODE 3510-DS-P