[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71321-71323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24830]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-848, C-533-849]


Commodity Matchbooks From India: Continuation of Antidumping and 
Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD) 
orders on commodity matchbooks (matchbooks) from India would likely 
lead to continuation or recurrence of dumping, countervailable 
subsidies, and material injury to an industry in the United States, 
Commerce is publishing a notice of continuation of these AD and CVD 
orders.

DATES: Applicable November 9, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Enforcement and Compliance,

[[Page 71322]]

International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4798.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 2009, Commerce published the AD and CVD orders on 
matchbooks from India.\1\ On March 2, 2020, the ITC instituted,\2\ and 
Commerce initiated,\3\ the second five-year (sunset) reviews of these 
AD and CVD orders, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). As a result of its reviews, Commerce 
determined that revocation of the Orders would be likely to lead to 
continuation or recurrence of dumping and countervailable subsidies 
and, therefore, notified the ITC of the magnitude of the margins and 
net subsidy rates likely to prevail should the Orders be revoked.\4\ On 
November 3, 2020, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \1\ See Commodity Matchbooks from India: Antidumping Duty Order, 
74 FR 65737 (December 11, 2009); see also Commodity Matchbooks from 
India: Countervailing Duty Order, 74 FR 65740 (December 11, 2009) 
(collectively, Orders).
    \2\ See Commodity Matchbooks from India; Institution of Five-
Year Reviews, 85 FR 12334 (March 2, 2020).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 12253 
(March 2, 2020).
    \4\ See Commodity Matchbooks from India: Final Results of the 
Expedited Second Sunset Review of the Antidumping Duty Order, 85 FR 
36834 (June 18, 2020), and accompanying Issues and Decision 
Memorandum (IDM); see also Commodity Matchbooks from India: Final 
Results of the Second Expedited Sunset Review of the Countervailing 
Duty Order, 85 FR 41558 (July 10, 2020), and accompanying IDM.
    \5\ See Commodity Matchbooks from India (Inv. Nos. 701-TA-459 
and 731-TA-1155 (Review)), 85 FR 69643 (November 3, 2020); see also 
Commodity Matchbooks from India (Inv. Nos. 701-TA-512 and 731-TA-
1248 (Review)), USITC Pub. 5131 (October 2020).
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Scope of the Orders

    The scope of the Orders 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 these Orders 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 these orders. 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 these Orders 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 these Orders 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 these Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping and countervailable subsidies and of material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the 
continuation of the Orders. U.S. Customs and Border Protection will 
continue to collect AD and CVD 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 Orders will be the date of publication 
in the Federal Register of this notice of continuation. Pursuant to 
section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends 
to initiate the next five-year review of the Orders not later than 30 
days prior to the fifth anniversary of the effective date of 
continuation.

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/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) of the Act and published in accordance with 
section 777(i) of the Act, and 19 CFR 351.218(f)(4). Note that Commerce 
has modified certain of its requirements for serving documents

[[Page 71323]]

containing business proprietary information, until further notice.\8\
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    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).

    Dated: November 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-24830 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P