[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39825-39827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13014]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-834]


Paper File Folders From the Socialist Republic of Vietnam: 
Amended Preliminary Determination of Less-Than-Fair-Value Investigation

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
preliminary affirmative antidumping

[[Page 39826]]

duty determination on paper file folders from the Socialist Republic of 
Vietnam (Vietnam) to correct a significant ministerial error.

DATES: Applicable June 20, 2023.

FOR FURTHER INFORMATION CONTACT: Jana[eacute] Martin or William Horn, 
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) 482-0238 
or (202) 482-4868, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 17, 2023, Commerce published its preliminary affirmative 
determination in the less-than-fair-value investigation of paper file 
folders from Vietnam.\1\ On May 16, 2023, we received a timely 
ministerial error allegation from Three-Color Stone Stationary (Viet 
Nam) Company Limited (TCS) that Commerce made significant ministerial 
errors in the Preliminary Determination with respect to TCS's weighted-
average dumping margin.\2\ On May 18, 2023, the petitioner \3\ 
submitted timely rebuttal comments to TCS's ministerial error 
allegation.\4\
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    \1\ See Paper File Folders from the Socialist Republic of 
Vietnam: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 88 FR 31488 (May 17, 2023) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
    \2\ See TCS's Letter, ``Three-Color Stone Stationery (Viet Nam) 
Company Limited: Request for Correction of Ministerial Error in the 
Preliminary Results, including Customs Instructions,'' dated May 16, 
2023 (TCS Ministerial Error Comments).
    \3\ The petitioner in this investigation is the Coalition of 
Domestic File Folders Manufacturers.
    \4\ See Petitioner's Letter, ``Petitioner's Rebuttal to 
Ministerial Error Comments,'' dated May 18, 2023 (Petitioner 
Ministerial Error Rebuttal Comments).
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Period of Investigation

    The period of investigation (POI) is April 1, 2022, through 
September 30, 2022.

Scope of the Investigation

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

Analysis of Significant Ministerial Error Allegation

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.224(e). A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \5\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) a change of at least five absolute percentage points in, 
but not less than 25 percent of, the weighted-average dumping margin 
calculated in the original (erroneous) preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero (or 
de minimis) and a weighted-average dumping margin greater than de 
minimis, or vice versa.\6\
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    \5\ See section 735(e) of the Tariff Act of 1930, as amended 
(the Act).
    \6\ See 19 CFR 351.224(g).
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Amended Preliminary Determination

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of a ministerial 
error made in the calculation of the weighted-average dumping margin 
for TCS.\7\ Specifically, when calculating surrogate value expenses for 
TCS, we inadvertently failed to convert the unit of measure for 
movement expenses. Commerce finds that this ministerial error is a 
significant ministerial error within the meaning of 19 CFR 351.224(g), 
because correction of this error decreases TCS's weighted-average 
dumping margin of 324.70 to 93.64 percent, which is a change that is at 
least five absolute percentage points in, but not less than 25 percent 
of, the weighted-average dumping margin calculated for TCS in the 
original Preliminary Determination. Furthermore, as TCS's amended 
preliminary weighted-average dumping margin is now below the highest 
petition margin of 233.93 percent,\8\ we compared this petition rate to 
TCS's highest individual dumping margins and found the petition rate to 
be within the range of the highest calculated individual dumping 
margins. Accordingly, we assigned to the Vietnam-wide entity a dumping 
margin of 233.93 percent. For a complete discussion of the alleged 
ministerial errors, see the Preliminary Ministerial Error Memo.
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    \7\ See Memorandum, ``Less Than Fair Value Investigation of 
Paper File Folders from the Socialist Republic of Vietnam: 
Allegation of Significant Ministerial Errors in the Preliminary 
Determination,'' dated concurrently with this notice (Preliminary 
Ministerial Error Memo).
    \8\ 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, 67445 (November 8, 
2022) (Initiation Notice).
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Amended Preliminary Determination

    As a result of correcting this ministerial error, Commerce 
determines the following weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                           Estimated
                                                        weighted-average
           Exporter                    Producer          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Three-Color Stone Stationary    Three-Color Stone                  93.64
 (Viet Nam) Company Limited.     Stationary (Viet
                                 Nam) Company Limited.
------------------------------------------------------------------------
                 Vietnam-Wide Entity                              233.93
------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination, in accordance with section 733(d) of the 
Act. Because the amended rates for TCS and the Vietnam-wide entity 
result in decreased cash deposits, they will be effective retroactively 
to May 17, 2023, the date of publication of the Preliminary 
Determination. We will also instruct U.S. Customs and Border Protection 
(CBP) to issue instructions for requesting a refund of the difference 
between the amount of cash deposits paid as a result of the application 
of the original preliminary determination rates and the amount due as a 
result of the amended preliminary determination rates.

[[Page 39827]]

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
International Trade Commission of our amended preliminary 
determination.

Notification to Interested Parties

    This amended preliminary determination is issued and published 
pursuant to sections 733(d) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: June 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The products within the scope of the 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 
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. 2023-13014 Filed 6-16-23; 8:45 am]
BILLING CODE 3510-DS-P