[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41558-41560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14035]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-849]


Commodity Matchbooks From India: Final Results of the Second 
Expedited Sunset Review of the Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this expedited sunset review, the Department of 
Commerce (Commerce) finds that revocation of the countervailing duty 
order on commodity matchbooks from India would be likely to lead to 
continuation or recurrence of countervailable subsidies as indicated in 
the ``Final Results of Sunset Review'' section of this notice.

DATES: Applicable July 10, 2020.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of

[[Page 41559]]

Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-5255.

SUPPLEMENTARY INFORMATION:

Background

    On March 2, 2020, Commerce initiated the second sunset review of 
the countervailing duty Order \1\ covering commodity matchbooks from 
India, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ Commerce received a notice of intent to participate in 
this sunset review from D.D. Bean & Sons Co. (the petitioner), within 
the 15-day period specified in 19 CFR 351.218(d)(1)(i).\3\ The 
petitioner claimed interested party status under section 771(9)(C) of 
the Act as a 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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 12253 
(March 2, 2020) (Notice of Initiation).
    \3\ See Petitioner's Letter, ``Five Year (``Sunset'') Review of 
the Countervailing Duty Order on Commodity Matchbooks from India--
Notice of Intent to Participate,'' dated March 2, 2020.
    \4\ Id. at 2.
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    The petitioner subsequently filed its substantive response to the 
Notice of Initiation.\5\ Commerce did not receive a substantive 
response from the Government of India (GOI) or any respondent 
interested parties. In accordance with section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited 
(120-day) sunset review of the Order on commodity matchbooks from 
India.
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    \5\ See Petitioner's Letter, ``Commodity Matchbooks from India: 
Substantive Response to a Notice of Initiation,'' dated April 2, 
2020 (Petitioner's Substantive Response).
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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 through 1202.7.
    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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    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 
scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, including the likelihood of continuation or 
recurrence of countervailable subsidies and the net countervailable 
subsidy likely to prevail if the order were revoked.\8\ Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Services System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/index.html. A 
list of the issues discussed in the decision memorandum is attached at 
the Appendix to this notice. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Second Expedited Sunset Review of the Countervailing Duty Order on 
Commodity Matchbooks from India,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Final Results of Sunset Review

    Commerce determines that revocation of the countervailing duty 
Order on commodity matchbooks from India would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following rates: 9.88 percent for Triveni Safety Matches Pvt. Ltd. and 
9.88 percent for all others.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely written notification 
of the destruction of APO

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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.

Notification to Interested Parties

    Commerce is issuing and publishing the final results and notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 
19 CFR 351.221(c)(5)(ii).

    Dated: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-14035 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P