80 FR 24232 - Commodity Matchbooks From India: Continuation of Antidumping Duty and Countervailing Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 83 (April 30, 2015)
International Trade Administration
Federal Register Volume 80, Issue 83 (April 30, 2015)
| Page Range | 24232-24233 | |
| FR Document | 2015-10133 |
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)] [Notices] [Pages 24232-24233] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10133] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-848 and C-533-849] Commodity Matchbooks From India: Continuation of Antidumping Duty and Countervailing Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC) in their five year (sunset) reviews that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on commodity matchbooks from India would likely lead to a continuation or recurrence of dumping and a countervailable subsidy, as well as material injury to an industry in the United States, the Department is publishing a notice of continuation for the AD and CVD orders. DATES: Effective Date: April 30, 2015. FOR FURTHER INFORMATION CONTACT: David Crespo (AD), Office II, and Jacqueline Arrowsmith (CVD), 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) 482-3693 and (202) 482-5255, respectively. SUPPLEMENTARY INFORMATION: Background On November 3, 2014, the Department initiated sunset reviews on the AD and CVD orders on commodity matchbooks from India pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ As a result of the reviews, the Department found that revocation of the AD order on commodity matchbooks from India would be likely to lead to the continuation or recurrence of dumping, and notified the ITC of the margins of dumping likely to prevail should the order be revoked.\2\ The Department also found that revocation of the CVD order on commodity matchbooks from India would be likely to lead to the continuation or recurrence of a countervailable subsidy, and notified the ITC of the net countervailable subsidy that is likely to prevail should the order be revoked.\3\ --------------------------------------------------------------------------- \1\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 65186 (November 3, 2014). \2\ See Commodity Matchbooks from India: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 80 FR 12801 (March 11, 2015). \3\ See Commodity Matchbooks from India: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 80 FR 12800 (March 11, 2015) (CVD Final Results). --------------------------------------------------------------------------- On April 17, 2015, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the AD and CVD orders on commodity matchbooks from India would be likely to lead to the continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.\4\ --------------------------------------------------------------------------- \4\ See Commodity Matchbooks from India; Determinations, 80 FR 21263 (April 17, 2015). --------------------------------------------------------------------------- Scope of the Orders The scope of the orders covers commodity matchbooks, also known as commodity book matches, paper matches or booklet matches.\5\ 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. --------------------------------------------------------------------------- \5\ 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 these orders 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 these orders. 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 these orders 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.\6\ 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. --------------------------------------------------------------------------- \6\ 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. --------------------------------------------------------------------------- The merchandise subject to these orders is properly classified under subheading 3605.00.0060 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under subheading 3605.00.0030 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive.\7\ --------------------------------------------------------------------------- \7\ The Department inadvertently omitted the HTSUS numbers for the merchandise subject to the CVD Order in the ``Scope of the Order'' section in the CVD Final Results. However, the complete description of the scope of the Orders is included in this notice, above. --------------------------------------------------------------------------- Determination As a result of the determinations by the Department and the ITC that revocation of these AD and CVD duty [[Page 24233]] orders would likely lead to the continuation or recurrence of dumping and a countervailable subsidy, as well as material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD and CVD orders on commodity matchbooks from India. U.S. Customs and Border Protection will continue to collect AD and CVD 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 these orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next sunset review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. These sunset reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act, and published pursuant to 777(i) of the Act and 19 CFR 351.218(f)(4). Dated: April 24, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-10133 Filed 4-29-15; 8:45 am] BILLING CODE 3510-DS-P
![24232 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices
Dated: April 24, 2015. on commodity matchbooks from India commodity matchbooks, typically
Andrew McGilvray, would be likely to lead to the comply with the United States
Executive Secretary. continuation or recurrence of a Consumer Product Safety Commission
[FR Doc. 2015–10166 Filed 4–29–15; 8:45 am] countervailable subsidy, and notified (CPSC) Safety Standard for Matchbooks,
BILLING CODE 3510–DS–P
the ITC of the net countervailable codified at 16 CFR 1202.1 et seq.
subsidy that is likely to prevail should The scope of these orders excludes
the order be revoked.3 promotional matchbooks, often referred
DEPARTMENT OF COMMERCE On April 17, 2015, the ITC published to as ‘‘not for resale,’’ or ‘‘specialty
its determination, pursuant to sections advertising’’ matchbooks, as they do not
International Trade Administration 751(c) and 752(a) of the Act, that enter into retail channels and are sold
revocation of the AD and CVD orders on to businesses that provide hospitality,
[A–533–848 and C–533–849]
commodity matchbooks from India dining, drinking or entertainment
Commodity Matchbooks From India: would be likely to lead to the services to their customers, and are
Continuation of Antidumping Duty and continuation or recurrence of material given away by these businesses as
Countervailing Duty Orders injury to an industry in the United promotional items. Such promotional
States within a reasonably foreseeable matchbooks are distinguished by the
AGENCY: Enforcement and Compliance, time.4 physical characteristic of having the
International Trade Administration, name and/or logo of a bar, restaurant,
Scope of the Orders
Department of Commerce. resort, hotel, club, café/coffee shop,
SUMMARY: As a result of the The scope of the orders covers grill, pub, eatery, lounge, casino,
determinations by the Department of commodity matchbooks, also known as barbecue or individual establishment
Commerce (the Department) and the commodity book matches, paper printed prominently on the matchbook
International Trade Commission (the matches or booklet matches.5 cover. Promotional matchbook cover
ITC) in their five year (sunset) reviews Commodity matchbooks typically, but printing also typically includes the
that revocation of the antidumping duty do not necessarily, consist of twenty address and the phone number of the
(AD) and countervailing duty (CVD) match stems which are usually made business or establishment being
orders on commodity matchbooks from from paperboard or similar material promoted.6 Also excluded are all other
India would likely lead to a tipped with a match head composed of matches that are not fastened into a
continuation or recurrence of dumping any chemical formula. The match stems matchbook cover such as wooden
and a countervailable subsidy, as well may be stitched, stapled or otherwise matches, stick matches, box matches,
as material injury to an industry in the fastened into a matchbook cover of any kitchen matches, pocket matches, penny
United States, the Department is material, on which a striking strip matches, household matches, strike-
publishing a notice of continuation for composed of any chemical formula has anywhere matches (aka ‘‘SAW’’
the AD and CVD orders. been applied to assist in the ignition matches), strike-on-box matches (aka
process. ‘‘SOB’’ matches), fireplace matches,
DATES: Effective Date: April 30, 2015. Commodity matchbooks included in
FOR FURTHER INFORMATION CONTACT: barbeque/grill matches, fire starters, and
the scope of these orders may or may
David Crespo (AD), Office II, and wax matches.
not contain printing. For example, they The merchandise subject to these
Jacqueline Arrowsmith (CVD), Office may have no printing other than the
VII, AD/CVD Operations, Enforcement orders is properly classified under
identification of the manufacturer or subheading 3605.00.0060 of the
and Compliance, International Trade importer. Commodity matchbooks may
Administration, U.S. Department of Harmonized Tariff Schedule of the
also be printed with a generic message
Commerce, 14th Street and Constitution United States (HTSUS). Subject
such as ‘‘Thank You’’ or a generic image
Avenue NW., Washington, DC 20230; merchandise may also enter under
such as the American Flag, with store
telephone: (202) 482–3693 and (202) subheading 3605.00.0030 of the HTSUS.
brands (e.g., Kroger, 7-Eleven, Shurfine
482–5255, respectively. Although the HTSUS subheadings are
or Giant); product brands for national or
provided for convenience and customs
SUPPLEMENTARY INFORMATION: regional advertisers such as cigarettes or
purposes, the written description of the
alcoholic beverages; or with corporate
Background scope of these orders is dispositive.7
brands for national or regional
On November 3, 2014, the Department distributors (e.g., Penley Corp. or Determination
initiated sunset reviews on the AD and Diamond Brands). They all enter retail As a result of the determinations by
CVD orders on commodity matchbooks distribution channels. Regardless of the the Department and the ITC that
from India pursuant to section 751(c) of materials used for the stems of the revocation of these AD and CVD duty
the Tariff Act of 1930, as amended (the matches and regardless of the way the
Act).1 As a result of the reviews, the match stems are fastened to the 6 The gross distinctions between commodity
Department found that revocation of the matchbook cover, all commodity matchbooks and promotional matchbooks may be
AD order on commodity matchbooks matchbooks are included in the scope of summarized as follows: (1) If it has no printing, or
from India would be likely to lead to the is printed with a generic message such as ‘‘Thank
these orders. All matchbooks, including You’’ or a generic image such as the American Flag,
continuation or recurrence of dumping, or printed with national or regional store brands or
and notified the ITC of the margins of 3 See Commodity Matchbooks from India: Final
corporate brands, it is commodity; (2) if it has
dumping likely to prevail should the Results of Expedited Sunset Review of the printing, and the printing includes the name of a
Countervailing Duty Order, 80 FR 12800 (March 11, bar, restaurant, resort, hotel, club, café/coffee shop,
mstockstill on DSK4VPTVN1PROD with NOTICES
order be revoked.2 The Department also 2015) (CVD Final Results). grill, pub, eatery, lounge, casino, barbecue, or
found that revocation of the CVD order 4 See Commodity Matchbooks from India; individual establishment prominently displayed on
Determinations, 80 FR 21263 (April 17, 2015). the matchbook cover, it is promotional.
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 5 Such commodity matchbooks are also referred 7 The Department inadvertently omitted the
FR 65186 (November 3, 2014). to as ‘‘for resale’’ because they always enter into HTSUS numbers for the merchandise subject to the
2 See Commodity Matchbooks from India: Final retail channels, meaning businesses that sell a CVD Order in the ‘‘Scope of the Order’’ section in
Results of the Expedited First Sunset Review of the general variety of tangible merchandise, e.g., the CVD Final Results. However, the complete
Antidumping Duty Order, 80 FR 12801 (March 11, convenience stores, supermarkets, dollar stores, description of the scope of the Orders is included
2015). drug stores and mass merchandisers. in this notice, above.
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![Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices 24233
orders would likely lead to the Background entity for purposes of calculating
continuation or recurrence of dumping The Department has received timely antidumping duty rates) require a
and a countervailable subsidy, as well requests, in accordance with 19 CFR substantial amount of detailed
as material injury to an industry in the 351.213(b), for administrative reviews of information and analysis, which often
United States, pursuant to section various antidumping and countervailing require follow-up questions and
751(d)(2) of the Act, the Department duty orders and findings with March analysis. Accordingly, the Department
hereby orders the continuation of the anniversary dates. will not conduct collapsing analyses at
AD and CVD orders on commodity All deadlines for the submission of the respondent selection phase of this
matchbooks from India. U.S. Customs various types of information, review and will not collapse companies
and Border Protection will continue to certifications, or comments or actions by at the respondent selection phase unless
collect AD and CVD cash deposits at the the Department discussed below refer to there has been a determination to
rates in effect at the time of entry for all the number of calendar days from the collapse certain companies in a
imports of subject merchandise. applicable starting time. previous segment of this antidumping
The effective date of the continuation proceeding (i.e., investigation,
of these orders will be the date of Notice of No Sales administrative review, new shipper
publication in the Federal Register of If a producer or exporter named in review or changed circumstances
this notice of continuation. Pursuant to this notice of initiation had no exports, review). For any company subject to this
section 751(c)(2) of the Act, the sales, or entries during the period of review, if the Department determined,
Department intends to initiate the next review (‘‘POR’’), it must notify the or continued to treat, that company as
sunset review of these orders not later Department within 30 days of collapsed with others, the Department
than 30 days prior to the fifth publication of this notice in the Federal will assume that such companies
anniversary of the effective date of Register. All submissions must be filed continue to operate in the same manner
continuation. electronically at http://access.trade.gov and will collapse them for respondent
in accordance with 19 CFR 351.303.1 selection purposes. Otherwise, the
These sunset reviews and this notice
Such submissions are subject to Department will not collapse companies
are in accordance with sections 751(c)
verification in accordance with section for purposes of respondent selection.
and 751(d)(2) of the Act, and published
782(i) of the Tariff Act of 1930, as Parties are requested to (a) identify
pursuant to 777(i) of the Act and 19 CFR
amended (‘‘the Act’’). Further, in which companies subject to review
351.218(f)(4).
accordance with 19 CFR 351.303(f)(1)(i), previously were collapsed, and (b)
Dated: April 24, 2015. provide a citation to the proceeding in
a copy must be served on every party on
Paul Piquado, which they were collapsed. Further, if
the Department’s service list.
Assistant Secretary for Enforcement and companies are requested to complete
Compliance. Respondent Selection the Quantity and Value (‘‘Q&V’’)
[FR Doc. 2015–10133 Filed 4–29–15; 8:45 am] In the event the Department limits the Questionnaire for purposes of
BILLING CODE 3510–DS–P number of respondents for individual respondent selection, in general each
examination for administrative reviews, company must report volume and value
the Department intends to select data separately for itself. Parties should
DEPARTMENT OF COMMERCE respondents based on U.S. Customs and not include data for any other party,
Border Protection (‘‘CBP’’) data for U.S. even if they believe they should be
International Trade Administration treated as a single entity with that other
imports during the POR. We intend to
release the CBP data under party. If a company was collapsed with
Initiation of Antidumping and another company or companies in the
Countervailing Duty Administrative Administrative Protective Order
(‘‘APO’’) to all parties having an APO most recently completed segment of this
Reviews proceeding where the Department
within seven days of publication of this
AGENCY: Enforcement and Compliance, initiation notice and to make our considered collapsing that entity,
International Trade Administration, decision regarding respondent selection complete Q&V data for that collapsed
Department of Commerce. within 21 days of publication of this entity must be submitted.
SUMMARY: The Department of Commerce Federal Register notice. The Deadline for Withdrawal of Request for
(‘‘the Department’’) has received Department invites comments regarding Administrative Review
requests to conduct administrative the CBP data and respondent selection Pursuant to 19 CFR 351.213(d)(1), a
reviews of various antidumping and within five days of placement of the party that has requested a review may
countervailing duty orders and findings CBP data on the record of the applicable withdraw that request within 90 days of
with March anniversary dates. In review. Rebuttal comments will be due the date of publication of the notice of
accordance with the Department’s five days after submission of initial initiation of the requested review. The
regulations, we are initiating those comments. regulation provides that the Department
administrative reviews. In the event the Department decides may extend this time if it is reasonable
it is necessary to limit individual to do so. In order to provide parties
DATES: Effective date April 30, 2015. examination of respondents and additional certainty with respect to
FOR FURTHER INFORMATION CONTACT: conduct respondent selection under when the Department will exercise its
Brenda E. Waters, Office of AD/CVD section 777A(c)(2) of the Act: discretion to extend this 90-day
Operations, Customs Liaison Unit, In general, the Department has found
mstockstill on DSK4VPTVN1PROD with NOTICES
deadline, interested parties are advised
Enforcement and Compliance, that determinations concerning whether that the Department does not intend to
International Trade Administration, particular companies should be extend the 90-day deadline unless the
U.S. Department of Commerce, 14th ‘‘collapsed’’ (i.e., treated as a single requestor demonstrates that an
Street and Constitution Avenue NW., extraordinary circumstance has
Washington, DC 20230, telephone: (202) 1 See Antidumping and Countervailing Duty
prevented it from submitting a timely
482–4735. Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR withdrawal request. Determinations by
SUPPLEMENTARY INFORMATION: 39263 (July 6, 2011). the Department to extend the 90-day
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Document Created: 2018-02-21 10:14:39
Document Modified: 2018-02-21 10:14:39
| 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 | |
| Dates | Effective Date: April 30, 2015. | |
| Contact | David Crespo (AD), Office II, and Jacqueline Arrowsmith (CVD), 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) 482-3693 and (202) 482-5255, respectively. | |
| FR Citation | 80 FR 24232 |
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