80 FR 12800 - Commodity Matchbooks From India: Final Results of Expedited Sunset Review of the Countervailing Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 47 (March 11, 2015)
International Trade Administration
Federal Register Volume 80, Issue 47 (March 11, 2015)
| Page Range | 12800-12801 | |
| FR Document | 2015-05565 |
[Federal Register Volume 80, Number 47 (Wednesday, March 11, 2015)] [Notices] [Pages 12800-12801] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05565] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-849] Commodity Matchbooks From India: Final Results of Expedited Sunset Review of the Countervailing Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on commodity matchbooks from India would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the final results of review section of this notice. DATES: Effective Date: March 11, 2015. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Office VII, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482- 5255. SUPPLEMENTARY INFORMATION: Background On November 3, 2014, the Department initiated a sunset review of the CVD order on commodity matchbooks from India \1\ pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On November 18, 2014, D.D. Bean & Sons Co. (D.D. Bean) filed a notice of intent to participate in the review.\3\ D.D. Bean claimed interested party status under section 771(9)(C) of the Act, as a domestic producer of the domestic like product.\4\ --------------------------------------------------------------------------- \1\ See Commodity Matchbooks from India: Countervailing Duty Order, 74 FR 65740 (December 11, 2009). \2\ See Initiation of Five Year (``Sunset) Review, 79 FR 65186 (November 3, 2014). \3\ See Letter from D.D. Bean to the Department, ``Five Year (``Sunset Review'') Countervailing Duty Order on Commodity Matchbooks from India--Notice of Intent to Participate,'' dated November 18, 2014. \4\ In its response, D.D. Bean claims to be the sole U.S. producer of the domestic like product. Id. at 1. --------------------------------------------------------------------------- The Department received an adequate substantive response from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ The Department did not receive a response from the Government of India or any respondent interested party to the proceeding. Because the Department received no response from the respondent interested parties, the Department conducted an expedited review of this CVD order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2). --------------------------------------------------------------------------- \5\ See Letter from D.D. Bean to the Department, ``Commodity Matchbooks from India,'' dated December 3, 2014; see also Memo to the File from David Crespo, Senior Analyst, AD/CVD Operations Office II, ``RE: Telephone Conversation with D.D. Bean & Sons Co.,'' dated December 4, 2014. --------------------------------------------------------------------------- Scope of the Order The scope of this order covers commodity matchbooks, also known as commodity book matches, paper matches or booklet matches.\6\ Commodity matchbooks typically, but do not necessarily, consist of twenty match stems which are usually made from paperboard or similar material tipped with a match head composed of any chemical formula. The match stems may be stitched, stapled or otherwise fastened into a matchbook cover of any material, on which a striking strip composed of any chemical formula has been applied to assist in the ignition process. --------------------------------------------------------------------------- \6\ Such commodity matchbooks are also referred to as ``for resale'' because they always enter into retail channels, meaning businesses that sell a general variety of tangible merchandise, e.g., convenience stores, supermarkets, dollar stores, drug stores and mass merchandisers. --------------------------------------------------------------------------- Commodity matchbooks included in the scope of this order may or may not contain printing. For example, they may have no printing other than the identification of the manufacturer or importer. Commodity matchbooks may also be printed with a generic message such as ``Thank You'' or a generic image such as the American Flag, with store brands (e.g., Kroger, 7-Eleven, Shurfine or Giant); product brands for national or regional advertisers such as cigarettes or alcoholic beverages; or with corporate brands for national or regional distributors (e.g., Penley Corp. or Diamond Brands). They all enter retail distribution channels. Regardless of the materials used for the stems of the matches and regardless of the way the match stems are fastened to the matchbook cover, all commodity matchbooks are included in the scope of this investigation. All matchbooks, including commodity matchbooks, typically comply with the United States Consumer Product Safety Commission (CPSC) Safety Standard for Matchbooks, codified at 16 CFR 1202.1 et seq. The scope of this order excludes promotional matchbooks, often referred to as ``not for resale,'' or ``specialty advertising'' matchbooks, as they do not enter into retail channels and are sold to businesses that provide hospitality, dining, drinking or entertainment services to their customers, and are given away by these businesses as promotional items. Such promotional matchbooks are distinguished by the physical characteristic of having the name and/or logo of a bar, restaurant, resort, hotel, club, caf[eacute]/coffee shop, grill, pub, eatery, lounge, casino, barbecue or individual establishment printed prominently on the matchbook cover. Promotional matchbook cover printing also typically includes the address and the phone number of the business or establishment being promoted.\7\ Also excluded are all other matches that are not fastened into a matchbook cover such as wooden matches, stick matches, box matches, kitchen matches, pocket matches, penny matches, household matches, strike-anywhere matches (aka ``SAW'' matches), strike-on-box matches (aka ``SOB'' matches), fireplace matches, barbeque/grill matches, fire starters, and wax matches. --------------------------------------------------------------------------- \7\ The gross distinctions between commodity matchbooks and promotional matchbooks may be summarized as follows: (1) If it has no printing, or is printed with a generic message such as ``Thank You'' or a generic image such as the American Flag, or printed with national or regional store brands or corporate brands, it is commodity; (2) if it has printing, and the printing includes the name of a bar, restaurant, resort, hotel, club, caf[eacute]/coffee shop, grill, pub, eatery, lounge, casino, barbecue, or individual establishment prominently displayed on the matchbook cover, it is promotional. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the CVD Order were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum which is on file electronically via the Enforcement and Compliance's Antidumping and Countervailing Duty Centralized [[Page 12801]] Electronic System (ACCESS).\8\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index/html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \8\ On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (``IA ACCESS'') to AD and CVD Centralized Electronic Service System (``ACCESS''): http://ia.access.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 6906 (November 20, 2014). --------------------------------------------------------------------------- Final Results of Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD order on commodity matchbooks from India would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below: ------------------------------------------------------------------------ Net countervailable Manufacturers/Exporters/Producers subsidy (percent) ------------------------------------------------------------------------ Triveni Safety Matches Pvt. Limited.................. 9.88 All Others........................................... 9.88 ------------------------------------------------------------------------ Notification Regarding 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 or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. The Department is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act. Dated: March 3, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-05565 Filed 3-10-15; 8:45 am] BILLING CODE 3510-DS-P
![12800 Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 / Notices
is hereby requested. Failure to comply under section 771(9)(C) of the Act, as a matchbook cover, all commodity
with the regulations and terms of an domestic producer of the domestic like matchbooks are included in the scope of
APO is a sanctionable violation. product.4 this investigation. All matchbooks,
We are issuing and publishing these The Department received an adequate including commodity matchbooks,
final results of administrative review substantive response from the domestic typically comply with the United States
and notice in accordance with sections industry within the 30-day deadline Consumer Product Safety Commission
751(a)(1) and 777(i) of the Act. specified in 19 CFR 351.218(d)(3)(i).5 (CPSC) Safety Standard for Matchbooks,
Dated: March 3, 2015. The Department did not receive a codified at 16 CFR 1202.1 et seq.
response from the Government of India The scope of this order excludes
Paul Piquado,
or any respondent interested party to promotional matchbooks, often referred
Assistant Secretary for Enforcement and to as ‘‘not for resale,’’ or ‘‘specialty
Compliance. the proceeding. Because the Department
received no response from the advertising’’ matchbooks, as they do not
[FR Doc. 2015–05561 Filed 3–10–15; 8:45 am] enter into retail channels and are sold
respondent interested parties, the
BILLING CODE 3510–DS–P
Department conducted an expedited to businesses that provide hospitality,
review of this CVD order, pursuant to dining, drinking or entertainment
section 751(c)(3)(B) of the Act and 19 services to their customers, and are
DEPARTMENT OF COMMERCE given away by these businesses as
CFR 351.218(e)(l)(ii)(B)(2) and (C)(2).
promotional items. Such promotional
International Trade Administration Scope of the Order matchbooks are distinguished by the
[C–533–849] The scope of this order covers physical characteristic of having the
commodity matchbooks, also known as name and/or logo of a bar, restaurant,
Commodity Matchbooks From India: commodity book matches, paper resort, hotel, club, café/coffee shop,
Final Results of Expedited Sunset matches or booklet matches.6 grill, pub, eatery, lounge, casino,
Review of the Countervailing Duty barbecue or individual establishment
Commodity matchbooks typically, but
Order printed prominently on the matchbook
do not necessarily, consist of twenty
AGENCY: Enforcement and Compliance, match stems which are usually made cover. Promotional matchbook cover
International Trade Administration, from paperboard or similar material printing also typically includes the
Department of Commerce. tipped with a match head composed of address and the phone number of the
any chemical formula. The match stems business or establishment being
SUMMARY: The Department of Commerce
may be stitched, stapled or otherwise promoted.7 Also excluded are all other
(the Department) finds that revocation matches that are not fastened into a
of the countervailing duty (CVD) order fastened into a matchbook cover of any
material, on which a striking strip matchbook cover such as wooden
on commodity matchbooks from India matches, stick matches, box matches,
would be likely to lead to continuation composed of any chemical formula has
been applied to assist in the ignition kitchen matches, pocket matches, penny
or recurrence of a countervailable matches, household matches, strike-
subsidy at the levels indicated in the process.
Commodity matchbooks included in anywhere matches (aka ‘‘SAW’’
final results of review section of this matches), strike-on-box matches (aka
notice. the scope of this order may or may not
contain printing. For example, they may ‘‘SOB’’ matches), fireplace matches,
DATES: Effective Date: March 11, 2015. have no printing other than the barbeque/grill matches, fire starters, and
FOR FURTHER INFORMATION CONTACT: identification of the manufacturer or wax matches.
Jacqueline Arrowsmith, Office VII, AD/ importer. Commodity matchbooks may Analysis of Comments Received
CVD Operations, Enforcement and also be printed with a generic message
Compliance, International Trade such as ‘‘Thank You’’ or a generic image All issues raised in this review are
Administration, U.S. Department of such as the American Flag, with store addressed in the Issues and Decision
Commerce, 14th Street and Constitution brands (e.g., Kroger, 7-Eleven, Shurfine Memorandum. The issues discussed in
Avenue NW., Washington, DC 20230; or Giant); product brands for national or the Issues and Decision Memorandum
telephone (202) 482–5255. regional advertisers such as cigarettes or include the likelihood of continuation
alcoholic beverages; or with corporate or recurrence of a countervailable
SUPPLEMENTARY INFORMATION:
brands for national or regional subsidy and the net countervailable
Background distributors (e.g., Penley Corp. or subsidy likely to prevail if the CVD
On November 3, 2014, the Department Diamond Brands). They all enter retail Order were revoked. Parties can find a
initiated a sunset review of the CVD distribution channels. Regardless of the complete discussion of all issues raised
order on commodity matchbooks from materials used for the stems of the in this expedited sunset review and the
India 1 pursuant to section 751(c) of the matches and regardless of the way the corresponding recommendations in this
Tariff Act of 1930, as amended (the match stems are fastened to the public memorandum which is on file
Act).2 On November 18, 2014, D.D. Bean electronically via the Enforcement and
& Sons Co. (D.D. Bean) filed a notice of 4 In its response, D.D. Bean claims to be the sole Compliance’s Antidumping and
intent to participate in the review.3 D.D. U.S. producer of the domestic like product. Id. at Countervailing Duty Centralized
1.
Bean claimed interested party status 5 See Letter from D.D. Bean to the Department, 7 The gross distinctions between commodity
‘‘Commodity Matchbooks from India,’’ dated matchbooks and promotional matchbooks may be
1 See Commodity Matchbooks from India: December 3, 2014; see also Memo to the File from summarized as follows: (1) If it has no printing, or
Rmajette on DSK2VPTVN1PROD with NOTICES
Countervailing Duty Order, 74 FR 65740 (December David Crespo, Senior Analyst, AD/CVD Operations is printed with a generic message such as ‘‘Thank
11, 2009). Office II, ‘‘RE: Telephone Conversation with D.D. You’’ or a generic image such as the American Flag,
2 See Initiation of Five Year (‘‘Sunset) Review, 79 Bean & Sons Co.,’’ dated December 4, 2014. or printed with national or regional store brands or
FR 65186 (November 3, 2014). 6 Such commodity matchbooks are also referred corporate brands, it is commodity; (2) if it has
3 See Letter from D.D. Bean to the Department, to as ‘‘for resale’’ because they always enter into printing, and the printing includes the name of a
‘‘Five Year (‘‘Sunset Review’’) Countervailing Duty retail channels, meaning businesses that sell a bar, restaurant, resort, hotel, club, café/coffee shop,
Order on Commodity Matchbooks from India— general variety of tangible merchandise, e.g., grill, pub, eatery, lounge, casino, barbecue, or
Notice of Intent to Participate,’’ dated November 18, convenience stores, supermarkets, dollar stores, individual establishment prominently displayed on
2014. drug stores and mass merchandisers. the matchbook cover, it is promotional.
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![Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 / Notices 12801
Electronic System (ACCESS).8 ACCESS DEPARTMENT OF COMMERCE 351.218(d)(3)(i). We received no
is available to registered users at substantive responses from respondent
http://access.trade.gov and to all parties International Trade Administration interested parties with respect to the
in the Central Records Unit, Room 7046 [A–533–848] order covered by this sunset review, nor
of the main Department of Commerce was a hearing requested. As a result,
building. In addition, a complete Commodity Matchbooks From India: pursuant to section 751(c)(3)(B) of the
version of the Issues and Decision Final Results of the Expedited First Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Memorandum can be accessed directly Sunset Review of the Antidumping the Department conducted an expedited
on the internet at http:// Duty Order (120-day) sunset review of the
enforcement.trade.gov/frn/index/html. antidumping duty order on commodity
The signed Issues and Decision AGENCY:Enforcement and Compliance, matchbooks from India.
Memorandum and the electronic International Trade Administration,
Department of Commerce. Scope of the Order
versions of the Issues and Decision
Memorandum are identical in content. SUMMARY: On November 3, 2014, the The merchandise covered by this
Department of Commerce (the order is commodity matchbooks, also
Final Results of Review Department) initiated a sunset review of known as commodity book matches,
the antidumping duty order on paper matches or booklet matches.4
Pursuant to sections 752(b)(1) and (3)
Commodity matchbooks typically, but
of the Act, we determine that revocation commodity matchbooks from India
pursuant to section 751(c) of the Tariff do not necessarily, consist of twenty
of the CVD order on commodity match stems which are usually made
matchbooks from India would be likely Act of 1930, as amended (the Act).1 The
Department has conducted an expedited from paperboard or similar material
to lead to continuation or recurrence of tipped with a match head composed of
a net countervailable subsidy at the (120-day) sunset review for this order 2
pursuant to section 751(c)(3)(B) of the any chemical formula. The match stems
rates listed below: may be stitched, stapled, or otherwise
Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
As a result of this sunset review, the fastened into a matchbook cover of any
Net
Manufacturers/Exporters/ countervailable Department finds that revocation of the material, on which a striking strip
Producers subsidy antidumping duty order would be likely composed of any chemical formula has
(percent) to lead to continuation or recurrence of been applied to assist in the ignition
dumping as indicated in the ‘‘Final process.
Triveni Safety Matches Commodity matchbooks included in
Pvt. Limited ................. 9.88 Results of Review’’ section of this the scope of this order may or may not
All Others ........................ 9.88 notice.
contain printing. For example, they may
DATES: Effective March 11, 2015.
have no printing other than the
Notification Regarding Administrative FOR FURTHER INFORMATION CONTACT: identification of the manufacturer or
Protective Order David Crespo at (202) 482–3693, AD/ importer. Commodity matchbooks may
CVD Operations, Office II, Enforcement also be printed with a generic message
This notice also serves as the only
and Compliance, International Trade such as ‘‘Thank You’’ or a generic image
reminder to parties subject to
Administration, U.S. Department of such as the American Flag, with store
administrative protective order (APO) of
Commerce, 14th Street & Constitution brands (e.g., Kroger, 7-Eleven, Shurfine
their responsibility concerning the
Avenue NW., Washington, DC 20230. or Giant); product brands for national or
return or destruction of proprietary
information disclosed under APO in SUPPLEMENTARY INFORMATION: regional advertisers such as cigarettes or
accordance with 19 CFR 351.305. alcoholic beverages; or with corporate
Background
Timely notification of the return or brands for national or regional
On November 3, 2014, the Department distributors (e.g., Penley Corp. or
destruction of APO materials or
published the notice of initiation of the Diamond Brands). They all enter retail
conversion to judicial protective orders
first sunset review of the antidumping distribution channels. Regardless of the
is hereby requested. Failure to comply
duty order on commodity matchbooks materials used for the stems of the
with the regulations and terms of an
from India pursuant to section 751(c) of matches and regardless of the way the
APO is a violation which is subject to
the Act.3 match stems are fastened to the
sanction.
The Department received a notice of matchbook cover, all commodity
The Department is issuing and intent to participate from D.D. Bean & matchbooks are included in the scope of
publishing these final results and this Sons Co. (D.D. Bean), a domestic this order.
notice in accordance with sections interested party, within the deadline All matchbooks, including
751(c), 752(b), and 777(i)(1) of the Act. specified in 19 CFR 351.218(d)(1)(i). commodity matchbooks, typically
Dated: March 3, 2015. The company claimed interested party comply with the United States
Paul Piquado, status under section 771(9)(C) of the Act Consumer Product Safety Commission
Assistant Secretary for Enforcement and as a producer of a domestic like product (CPSC) Safety Standard for Matchbooks,
Compliance. in the United States. codified at 16 CFR 1202.1 et seq.
[FR Doc. 2015–05565 Filed 3–10–15; 8:45 am] The Department received a complete The scope of this order excludes
BILLING CODE 3510–DS–P
substantive response to the notice of promotional matchbooks, often referred
initiation from D.D. Bean within the 30- to as ‘‘not for resale,’’ or ‘‘specialty
day deadline specified in 19 CFR advertising’’ matchbooks, as they do not
Rmajette on DSK2VPTVN1PROD with NOTICES
8 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and enter into retail channels and are sold
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD 79 FR 65186 (November 3, 2014) (Notice of 4 Such commodity matchbooks are also referred
Centralized Electronic Service System (‘‘ACCESS’’): Initiation). to as ‘‘for resale’’ because they always enter into
2 See Commodity Matchbooks from India:
http://ia.access.trade.gov to http://access.trade.gov. retail channels, meaning businesses that sell a
The Final Rule changing the references to the Antidumping Duty Order, 74 FR 65737 (December general variety of tangible merchandise, e.g.,
Regulations can be found at 79 FR 6906 (November 11, 2009). convenience stores, supermarkets, dollar stores,
20, 2014). 3 Notice of Initiation, 79 FR at 65186. drug stores and mass merchandisers.
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Document Created: 2015-12-18 11:58:32
Document Modified: 2015-12-18 11:58:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Jacqueline Arrowsmith, Office VII, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482- 5255. | |
| FR Citation | 80 FR 12800 |
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