[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Pages 31485-31488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10484]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-147]


Paper File Folders From the People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value

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


[[Page 31486]]


SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that paper file folders from the People's Republic of China 
(China) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation is April 1, 
2022, through September 30, 2022. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable May 17, 2023.

FOR FURTHER INFORMATION CONTACT: Zachariah Hall, 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) 482-6261.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on November 8, 
2022.\1\ On February 13, 2023, Commerce postponed the preliminary 
determination of this investigation until May 10, 2023.\2\
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    \1\ See Paper File Folders from the People's Republic of China, 
India, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 87 FR 67441-47 (November 8, 2022) 
(Initiation Notice).
    \2\ See Paper File Folders from the People's Republic of China, 
India, and the Socialist Republic of Vietnam: Postponement of 
Preliminary Determinations in the Less-Than-Fair-Value 
Investigations, 88 FR 9226 (February 13, 2023).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Paper File Folders from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are paper file folders 
from China. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ we 
set aside a period of time, as stated in the Initiation Notice, for 
parties to raise issues regarding product coverage (i.e., scope).\5\ 
Certain interested parties commented on the scope of the investigation 
as it appeared in the Initiation Notice. For a summary of the product 
coverage comments on the record of this investigation, and accompanying 
discussion and analysis of all comments timely received, see the 
Preliminary Scope Decision Memorandum.\6\ As discussed in the 
Preliminary Scope Decision Memorandum, Commerce is preliminarily 
modifying the scope language as it appeared in the Initiation Notice. 
See the revised scope in Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 87 FR at 67442.
    \6\ See Memorandum, ``Antidumping Duty Investigations and 
Countervailing Duty Investigation of Paper File Folders from the 
People's Republic of China, India, and the Socialist Republic of 
Vietnam: Preliminary Scope Decision Memorandum,'' dated concurrently 
with this notice (Preliminary Scope Decision Memorandum).
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    The deadline to submit scope case briefs is established in the 
Preliminary Scope Decision Memorandum. There will be no further 
opportunity to comment on scope-related issues.\7\
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    \7\ Case briefs and rebuttal briefs submitted in response to 
this preliminary LTFV determination should not include scope-related 
issues. See Preliminary Scope Decision Memorandum; and the ``Public 
Comment'' section of this notice, infra.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, 
we have preliminarily relied upon facts otherwise available, with 
adverse inferences for the China-wide entity. The China-wide entity 
includes CRE8 Direct (Ningbo) Co., Ltd., and Ningbo Guangbo Import & 
Export Co., Ltd., the companies selected for individual examination, 
because they failed to respond to Commerce's antidumping questionnaire, 
and all other exporters who failed to respond to Commerce's quantity 
and value (Q&V) questionnaire and/or failed to submit a separate rate 
application, as instructed in the Initiation Notice.\8\ Because no 
companies are eligible for a rate separate from the China-wide entity, 
all exporters of Chinese paper file folders are preliminarily found to 
be part of the China-wide entity. We assigned the highest margin 
alleged in the Petition \9\ (i.e., 192.70 percent) to the China-wide 
entity as adverse facts available (AFA), pursuant to sections 776(a) 
and (b) of the Act. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.
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    \8\ See Initiation Notice, 87 FR at 67446 (``Commerce requires 
that respondents from China and Vietnam submit a response to both 
the Q&V questionnaire and the separate rate application by the 
respective deadlines in order to receive consideration for separate-
rate status'').
    \9\ 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). The petitioner is the Coalition of Domestic Folder 
Manufacturers. The members of the Coalition of Domestic Folder 
Manufacturers are: Smead Manufacturing Company, Inc.; and TOPS 
Products LLC.
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Combination Rates

    In the Initiation Notice, Commerce stated that it would calculate 
producer/exporter combination rates for the respondents that are 
eligible for a separate rate in this investigation.\10\ Policy Bulletin 
05.1 describes this practice.\11\ In this case, because no companies 
qualified for a separate rate, producer/exporter combination rates were 
not calculated for this preliminary determination.\12\
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    \10\ Id., 87 FR at 67445-46.
    \11\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
    \12\ See Preliminary Decision Memorandum.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
dumping margin exists:

------------------------------------------------------------------------
                                                              Estimated
                                                               dumping
                     Exporter/producer                          margin
                                                              (percent)
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China-wide Entity..........................................      192.70
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR

[[Page 31487]]

351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the weighted-average amount by which normal value exceeds U.S. 
price, as indicated in the chart above, as follows: (1) for all Chinese 
exporters of subject merchandise, the cash deposit rate will be equal 
to the estimated dumping margin established for the China-wide entity; 
and (2) for all third-county exporters of subject merchandise, the cash 
deposit rate is also the cash deposit rate applicable to the China-wide 
entity. These suspension of liquidation instructions will remain in 
effect until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice, in 
accordance with 19 CFR 351.224(b). However, because Commerce 
preliminarily determined that all companies are part of the China-wide 
entity and assigned as AFA to the China-wide entity a rate that is 
based solely on the margin alleged in the Petition, there are no 
calculations to disclose.

Verification

    Because the mandatory respondents in this investigation did not 
provide information requested by Commerce by the established deadline 
and Commerce preliminarily determines in accordance with section 776(b) 
of the Act that each of the mandatory respondents has been 
uncooperative, verification will not be conducted.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary 
determination.\13\ Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case or rebuttal briefs in this investigation are 
encouraged to submit with each argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\15\
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    \13\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \14\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \15\ 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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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a date and time to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.\16\
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    \16\ On April 25, 2023, pursuant to section 735(a)(2)(B) of the 
Act, the petitioner requested that Commerce postpone the final 
determination deadline if the preliminary determination is negative. 
However, as the preliminary determination is affirmative and 
Commerce has not received a postponement request from exporters who 
account for a significant proportion of exports of the subject 
merchandise pursuant to section 735(a)(2)(A) of the Act, the final 
determination deadline remains 75 days after the date of the 
preliminary determination in accordance with section 735(a)(1) of 
the Act.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: May 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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;
     binders consisting of a front cover, back cover, and 
spine, with or without a flap; to be excluded, a mechanism with two 
or more metal rings must be included on or adjacent to the interior 
spine;
     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;
     folders that have an outer surface (other than the 
gusset, handles, and/or closing mechanisms, if any) 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), each

[[Page 31488]]

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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Selection of Respondents
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2023-10484 Filed 5-16-23; 8:45 am]
BILLING CODE 3510-DS-P