[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37579-37581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12251]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-683 and 731-TA-1594-1596 (Final)]


Paper File Folders From China, India, and Vietnam; Scheduling of 
the Final Phase of Countervailing Duty and Anti-Dumping Duty 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-683 and 731-TA-1594-1596 (Final) pursuant to the Tariff Act of 
1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of paper file folders from China, India, 
and Vietnam, provided for in subheading 4820.30.00 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the 
Department of Commerce (``Commerce'') to be subsidized and sold at 
less-than-fair-value.

DATES: May 17, 2023.

FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3062), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as 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, 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

[[Page 37580]]

     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.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in India of paper file folders, and that such products from 
China, India, and Vietnam are being sold in the United States at less 
than fair value within the meaning of Sec.  733 of the Act (19 U.S.C. 
1673b). The investigations were requested in petitions filed on October 
12, 2023, by the Coalition of Domestic Folder Manufacturers, Hastings, 
Minnesota and Naperville, Illinois.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on 
September 19, 2023, and a public version will be issued thereafter, 
pursuant to Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
October 3, 2023. Requests to appear at the hearing should be filed in 
writing with the Secretary to the Commission on or before September 27, 
2023. Any requests to appear as a witness via videoconference must be 
included with your request to appear. Requests to appear via 
videoconference must include a statement explaining why the witness 
cannot appear in person; the Chairman, or other person designated to 
conduct the investigation, may in their discretion for good cause 
shown, grant such a request. Requests to appear as remote witness due 
to illness or a positive COVID-19 test result may be submitted by 3pm 
the business day prior to the hearing. Further information about 
participation in the hearing will be posted on the Commission's website 
at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on September 
29, 2023. Parties shall file and serve written testimony and 
presentation slides in connection with their presentation at the 
hearing by no later than 4:00 p.m. on October 2, 2023. Oral testimony 
and written materials to be submitted at the public hearing are 
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is September 26, 2023. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
and posthearing briefs, which must conform with the provisions of Sec.  
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is October 11, 2023. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before October 11, 2023. On October 24, 2023, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before October 26, 2023, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.

[[Page 37581]]

    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: June 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12251 Filed 6-7-23; 8:45 am]
BILLING CODE 7020-02-P