[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24552-24553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08433]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-826]


Paper Clips From the People's Republic of China: Continuation of 
Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
in their five year (sunset) review that revocation of the antidumping 
duty (AD) order on paper clips from the People's Republic of China 
(China) would likely lead to a continuation or recurrence of dumping 
and material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD order on paper clips from 
China.

DATES: Applicable April 21, 2023.

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

SUPPLEMENTARY INFORMATION:

Background

    On November 25, 1994, Commerce published in the Federal Register 
the AD order on paper clips from China.\1\ On September 1, 2022, the 
ITC instituted \2\ and Commerce initiated \3\ the fifth five-year 
(sunset) review of the Order, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). Commerce conducted an expedited 
(120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) 
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its 
review, Commerce determined, pursuant to sections 751(c)(1) and 752(c) 
of the Act, that revocation of the Order would likely lead to a 
continuation or recurrence of dumping and, therefore, Commerce notified 
the ITC of the magnitude of the margin of dumping likely to prevail 
were the Order to be revoked.\4\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Certain Paper Clips From the 
People's Republic of China, 59 FR 60606 (November 25, 1994) (Order).
    \2\ See Paper Clips From China; Institution of a Five-Year 
Review, 87 FR 53783 (September 1, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727 
(September 1, 2022).
    \4\ See Paper Clips from the People's Republic of China: Final 
Results of the Expedited Fifth Sunset Review of the Antidumping Duty 
Order, 87 FR 79858 (December 28, 2022).
---------------------------------------------------------------------------

    On April 14, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) 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.\5\
---------------------------------------------------------------------------

    \5\ See Paper Clips from China, 88 FR 23097 (April 14, 2023).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are certain paper clips, wholly 
of wire of base metal, whether or not galvanized, whether or not plated 
with nickel or other base metal (e.g., copper), with a wire diameter 
between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), 
regardless of physical configuration, except as specifically excluded. 
The products subject to this investigation may have a rectangular or 
ring-like shape and include, but are not limited to, clips commercially 
referred to as `No. 1 clips,' `No. 3 clips,' `Jumbo' or `Giant' clips, 
`Gem clips,' `Frictioned clips,' `Perfect Gems,' `Marcel Gems,' 
`Universal clips,' `Nifty clips,' `Peerless clips,' `Ring clips,' and 
`Glide-On clips.'
    Specifically excluded from the scope of this Order are plastic and 
vinyl covered paper clips, butterfly clips, binder clips, or other 
paper fasteners that are not wholly made of wire of base metal and are 
covered under a separate subheading of the Harmonized Tariff Schedule 
of the United States (HTSUS).
    Also excluded are Pendaflex Pile Smart Label Clips that are not 
wholly made of wire of base metal but are stainless steel wire attached 
to molded plastic parts and writeable/rewriteable labels.

[[Page 24553]]

    The products subject to the order are currently classifiable under 
subheading 8305.90.3010 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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping, and material injury to an industry in the United 
States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce 
hereby orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect AD 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 continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year review of this Order 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

    This five-year (sunset) review and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i)(1) the Act, and 19 CFR 
351.218(f)(4).

    Dated: April 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-08433 Filed 4-20-23; 8:45 am]
BILLING CODE 3510-DS-P