[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67447-67451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24315]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-911]


Paper File Folders From India: Initiation of Countervailing Duty 
Investigation

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


DATES: Applicable November 1, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: 

The Petition

    On October 12, 2022, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
paper file folders from India filed in proper form on behalf of the 
Coalition of Domestic Folder Manufacturers (the petitioner),\1\ the 
members of which are domestic producers of paper file folders.\2\ The 
Petition was accompanied by antidumping duty (AD) petitions concerning 
imports of paper file folders from the People's Republic of China, 
India, and the Socialist Republic of Vietnam.\3\
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    \1\ The members of the Coalition of Domestic Folder 
Manufacturers are: Smead Manufacturing Company, Inc. and TOPS 
Products LLC.
    \2\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Paper File 
Folders from China, India, and Vietnam,'' dated October 12, 2022 
(Petition).
    \3\ Id.
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    On October 17 and 25, 2022, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\4\ On 
October 21, 26, and

[[Page 67448]]

27, 2022, the petitioner filed timely responses to these requests for 
additional information.\5\
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    \4\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Paper File Folders from India: 
Supplemental Questions,'' dated October 17, 2022; and ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Paper File Folders from the People's Republic of China, 
India, and the Socialist Republic of Vietnam: Supplemental 
Questions,'' dated October 17, 2022 (General Issues Supplemental 
Questionnaire); see also Memorandum, ``Phone Call with Counsel to 
the Petitioner,'' dated October 25, 2022 (General Issues 
Memorandum).
    \5\ See Petitioner's Letters, ``Antidumping and Countervailing 
Duties on Imports of Paper File Folders from China, India, and 
Vietnam: Response of Petitioner to Volume I Supplemental 
Questionnaire,'' dated October 21, 2022 (First General Issues 
Supplement); ``Antidumping and Countervailing Duties on Imports of 
Paper File Folders from China, India, and Vietnam: Response of 
Petitioner to Volume I Supplemental Question #20,'' dated October 
26, 2022 (October 26 Injury Supplement); ``Antidumping and 
Countervailing Duties on Imports of Paper File Folders from China, 
India, and Vietnam: Response of Petitioner to Second Volume I 
Supplemental Questions,'' dated October 27, 2022 (Second General 
Issues Supplement); and Antidumping and Countervailing Duties on 
Imports of Paper File Folders from China, India, and Vietnam: 
Response of Petitioner to Volume V Supplemental Questionnaire,'' 
dated October 21, 2022.
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of India 
(GOI) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of paper file folders 
in India and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing in the United 
States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating a CVD 
investigation, the Petition is supported by information reasonably 
available to the petitioner.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(F) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because the Petition was filed on October 12, 2022, the period of 
investigation (POI) is January 1, 2021, through December 31, 2021.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by this investigation is paper file folders 
from India. For a full description of the scope of this investigation, 
see the appendix to this notice.

Comments on Scope of the Investigation

    On October 17 and 25, 2022, Commerce requested information from the 
petitioner regarding the proposed scope to ensure that the scope 
language in the Petition is an accurate reflection of the products for 
which the domestic industry is seeking relief.\8\ On October 21 and 27, 
2022, the petitioner revised the scope.\9\ The description of 
merchandise covered by this investigation, as described in the appendix 
to this notice, reflects these clarifications.
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    \8\ See General Issues Supplemental Questionnaire at 3-4; see 
also General Issues Memorandum at 1-2.
    \9\ See First General Issues Supplement at Exhibit I-S2; see 
also Second General Issues Supplement at Exhibit I-2S1.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\10\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on November 21, 2022, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on December 1, 2022, which 
is ten calendar days from the initial comment deadline.
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    \10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All scope 
comments must also be filed on the record of the concurrent AD and CVD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\12\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOI of the receipt of the Petition and provided it an 
opportunity for consultations with respect to the Petition.\13\
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    \13\ See Commerce's Letter, ``Invitation for Consultations to 
Discuss the Countervailing Duty Petition,'' dated October 13, 2022.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is

[[Page 67449]]

subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\16\ Based on our analysis of the information 
submitted on the record, we have determined that paper file folders, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\17\
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    \16\ See Petition at Volume I (pages 11, 13-18, and Exhibits I-
18 through I-26); see also First General Issues Supplement at 13-17.
    \17\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
CVD Investigation Initiation Checklist, ``Paper File Folders from 
India,'' dated concurrently with this notice (India CVD Initiation 
Checklist), at Attachment II (Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Paper File 
Folders from the People's Republic of China, India, and the 
Socialist Republic of Vietnam).
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2021 net sales values of the domestic like product for U.S. producers 
that support the Petition, and compared this to the estimated total 
sales values of the domestic like product for the entire domestic 
industry.\18\ Because total industry production data for the domestic 
like product for 2021 are not reasonably available to the petitioner, 
and the petitioner has established that sales values and shipments are 
a reasonable proxy for production data,\19\ we have relied on data 
provided by the petitioner for purposes of measuring industry 
support.\20\
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    \18\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2, 
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues 
Supplement at 4-5 and Exhibit I-2S2.
    \19\ See Petition at Volume I (page 5 and Exhibits I-1, I-2, I-
33, and I-35); see also First General Issues Supplement at 1, 8 and 
Exhibits I-S1 and I-S4; and Second General Issues Supplement at 4-5 
and Exhibit I-2S2.
    \20\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2, 
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues 
Supplement at 4-5 and Exhibit I-2S2.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\21\ First, the 
Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to evaluate industry support (e.g., 
polling).\22\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\23\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\24\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\25\
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    \21\ See Petition at Volume I (pages 4-5 and Exhibits I-1, I-2, 
I-33, and I-35); see also First General Issues Supplement at 1, 8-
13, and Exhibits I-S1, I-S4, and I-S5; and Second General Issues 
Supplement at 4-5 and Exhibit I-2S2. For further discussion, see the 
India CVD Initiation Checklist at Attachment II.
    \22\ See India CVD Initiation Checklist at Attachment II; see 
also section 702(c)(4)(D) of the Act.
    \23\ See India CVD Initiation Checklist at Attachment II.
    \24\ Id.
    \25\ Id.
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Injury Test

    Because India is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from India materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\26\
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    \26\ See Petition at Volume I (page 22 and Exhibit I-31).
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant volume of subject imports; declining 
market share; underselling and price depression and/or suppression; 
lost sales and revenues; and adverse impact on the domestic industry's 
performance and development and production efforts.\27\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\28\
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    \27\ See Petition at Volume I (pages 19-38 and Exhibits I-14 and 
I-27 through I-34); see also First General Issues Supplement at 17-
21 and Exhibit I-S6; and the October 26 Injury Supplement at 1-2.
    \28\ See India CVD Initiation Checklist at Attachment III 
(Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Paper File Folders from the People's Republic of China, 
India, and the Socialist Republic of Vietnam).
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Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of paper file folders from India benefit from 
countervailable subsidies conferred by the GOI. In accordance with 
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 65 
days after the date of this initiation.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 12 of the 14 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see the India CVD Initiation

[[Page 67450]]

Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

Respondent Selection

    The petitioner named eleven companies in India as producers and/or 
exporters of paper file folders.\29\ Commerce intends to follow its 
standard practice in CVD investigations and calculate company-specific 
subsidy rates in this investigation.
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    \29\ See Petition at Volume I (Exhibit I-17).
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    In the event Commerce determines that the number of Indian 
producers or exporters is large such that Commerce cannot individually 
examine each company based upon its resources, where appropriate, 
Commerce intends to select mandatory respondents based on U.S. Customs 
and Border Protection (CBP) data for U.S. imports of paper file folders 
from India during the POI under the appropriate Harmonized Tariff 
Schedule of the United States subheading listed in the ``Scope of the 
Investigation,'' in the appendix.
    On October 31, 2022, Commerce released CBP data for U.S. imports of 
paper file folders from India under administrative protective order 
(APO) to all parties with access to information protected by APO, and 
indicated that interested parties wishing to comment on the CBP data 
and/or respondent selection must do so within three business days of 
the publication date of the notice of initiation of this 
investigation.\30\ Commerce will not accept rebuttal comments regarding 
the CBP data or respondent selection. We intend to select respondents 
within 20 days of publication of this notice.
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    \30\ See Memorandum, ``Countervailing Duty Petition on Imports 
of Paper File Folders from India: Release of U.S. Customs and Border 
Protection Data,'' dated October 31, 2022.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on E&C's website at https://enforcement.trade.gov/apo. Commerce intends to finalize its decisions 
regarding respondent selection within 20 days of publication of this 
notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOI via ACCESS. Furthermore, to the extent practicable, 
Commerce will attempt to provide a copy of the public version of the 
Petition to each exporter named in the Petition, as provided under 19 
CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of paper file folders from India are materially 
injuring, or threatening material injury to, a U.S. industry.\31\ A 
negative ITC determination will result in the investigation being 
terminated.\32\ Otherwise, this CVD investigation will proceed 
according to statutory and regulatory time limits.
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    \31\ See section 703(a)(1) of the Act.
    \32\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \33\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\34\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \33\ See 19 CFR 351.301(b).
    \34\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301.\35\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in this 
investigation.\36\
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    \35\ See 19 CFR 351.302.
    \36\ See 19 CFR 301; see also Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \37\ See section 782(b) of the Act.
    \38\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letters of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\39\
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    \39\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).


[[Page 67451]]


    Dated: November 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The products within the scope of this investigation are file 
folders consisting primarily of paper, paperboard, pressboard, or 
other cellulose material, whether coated or uncoated, that has been 
folded (or creased in preparation to be folded), glued, taped, 
bound, or otherwise assembled to be suitable for holding documents. 
The scope includes all such folders, regardless of color, whether or 
not expanding, whether or not laminated, and with or without tabs, 
fasteners, closures, hooks, rods, hangers, pockets, gussets, or 
internal dividers. The term ``primarily'' as used in the first 
sentence of this scope means 50 percent or more of the total product 
weight, exclusive of the weight of fasteners, closures, hooks, rods, 
hangers, removable tabs, and similar accessories, and exclusive of 
the weight of packaging.
    Subject folders have the following dimensions in their folded 
and closed position: lengths and widths of at least 8 inches and no 
greater than 17 inches, regardless of depth.
    The scope covers all varieties of folders, including but not 
limited to manila folders, hanging folders, fastener folders, 
classification folders, expanding folders, pockets, jackets, and 
wallets.
    Excluded from the scope are:
     mailing envelopes with a flap bearing one or more 
adhesive strips that can be used permanently to seal the entire 
length of a side such that, when sealed, the folder is closed on all 
four sides;
     binders, with two or more rings to hold documents in 
place, made from paperboard or pressboard encased entirely in 
plastic;
     non-expanding folders with a depth exceeding 2.5 inches 
and that are closed or closeable on the top, bottom, and all four 
sides (e.g., boxes or cartons);
     expanding folders that have (1) 13 or more pockets, (2) 
a flap covering the top, (3) a latching mechanism made of plastic 
and/or metal to close the flap, and (4) an affixed plastic or metal 
carry handle;
     expanding folders that have an outer surface (other 
than the gusset, handles, and/or closing mechanisms) that is covered 
entirely with fabric, leather, and/or faux leather;
     fashion folders, which are defined as folders with all 
of the following characteristics: (1) plastic lamination covering 
the entire exterior of the folder, (2) printing, foil stamping, 
embossing (i.e., raised relief patterns that are recessed on the 
opposite side), and/or debossing (i.e., recessed relief patterns 
that are raised on the opposite side), covering the entire exterior 
surface area of the folder, (3) at least two visible and printed or 
foil stamped colors other than the color of the base paper, and 
other than the printing of numbers, letters, words, or logos, each 
of which separately covers no less than 10 percent of the entire 
exterior surface area, and (4) patterns, pictures, designs, or 
artwork covering no less than thirty percent of the exterior surface 
area of the folder;
     portfolios, which are folders having (1) a width of at 
least 16 inches when open flat, (2) no tabs or dividers, and (3) one 
or more pockets that are suitable for holding letter size documents 
and that cover at least 15 percent of the surface area of the 
relevant interior side or sides; and
     report covers, which are folders having (1) no tabs, 
dividers, or pockets, and (2) one or more fasteners or clips, each 
of which is permanently affixed to the center fold, to hold papers 
securely in place.
    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) category 
4820.30.0040. Subject imports may also enter under other HTSUS 
classifications. While the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
scope of the investigation is dispositive.

[FR Doc. 2022-24315 Filed 11-7-22; 8:45 am]
BILLING CODE 3510-DS-P