83 FR 26414 - Certain Folding Gift Boxes From the People's Republic of China: Final Results of Expedited Third Sunset Review and Continuation of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 110 (June 7, 2018)
International Trade Administration
Federal Register Volume 83, Issue 110 (June 7, 2018)
| Page Range | 26414-26415 | |
| FR Document | 2018-12271 |
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)] [Notices] [Pages 26414-26415] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12271] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-866] Certain Folding Gift Boxes From the People's Republic of China: Final Results of Expedited Third Sunset Review and Continuation of the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on certain folding gift boxes from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping at the dumping margins identified in the ``Final Results of Review'' section of this notice. DATES: Applicable June 7, 2018. FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5139. SUPPLEMENTARY INFORMATION: Background On February 1, 2018, Commerce published the notice of initiation of the third sunset review of the antidumping duty order \1\ on certain folding gift boxes from China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On February 16, 2018, Commerce received a notice of intent to participate from Harvard Folding Box Company, Inc. (Harvard) and P.S. Greetings, Inc. doing business as (d.b.a.) Fantus Paper Products (P.S. Greetings), hereinafter referred to as Domestic Interested Parties, within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Domestic Interested Parties claimed interested party status under section 771(9)(C) of the Act, as producers of the domestic like product.\4\ On November 3, 2017, Commerce received complete substantive responses from Domestic Interested Parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ We received no substantive response from any other domestic or respondent interested parties in this proceeding, nor was a hearing requested. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C), Commerce conducted an expedited (120-day) sunset review of the Order. --------------------------------------------------------------------------- \1\ See Notice of Antidumping Duty Order: Certain Folding Gift Boxes from the People's Republic of China, 67 FR 864 (January 8, 2002) (Order). \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 4641 (February 1, 2018). \3\ See Domestic Interested Parties' letter, ``Third Five-Year (Sunset) Review of Antidumping Duty Order on Folding Gift Boxes from the People's Republic of China/The Domestic Industry's Notice of Intent to Participate,'' dated February 16, 2018. \4\ Id. at 2. Harvard was a petitioner in the underlying investigation of this proceeding. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Certain Folding Gift Boxes from the People's Republic of China, 66 FR 40973 (August 6, 2001); unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Certain Folding Gift Boxes from the People's Republic of China, 66 FR 58115 (November 20, 2001) (Final Determination). \5\ See Domestic Interested Parties' letter, ``Third Five-Year (Sunset) Review of the Antidumping Duty Order on Folding Gift Boxes from the People's Republic of China/Substantive Response to the Notice of Initiation,'' dated March 5, 2018 (Substantive Response). --------------------------------------------------------------------------- Scope of the Order The products covered by the Order are certain folding gift boxes. Folding gift boxes are a type of folding or knock-down carton manufactured from paper or paperboard. Folding gift boxes are produced from a variety of recycled and virgin paper or paperboard materials, including, but not limited to, clay-coated paper or paperboard and kraft (bleached or unbleached) paper or paperboard. The scope of the Order excludes gift boxes manufactured from paper or paperboard of a thickness of more than 0.8 millimeters, corrugated paperboard, or paper mache. The scope also excludes those gift boxes for which no side of the box, when assembled, is at least nine inches in length. Folding gift boxes included in the scope are typically decorated with a holiday motif using various processes, including printing, embossing, debossing, and foil stamping, but may also be plain white or printed with a single color. The subject merchandise includes folding gift boxes, with or without handles, whether finished or unfinished, and whether in one-piece or multi-piece configuration. One-piece gift boxes are die-cut or otherwise formed so that the top, bottom, and sides form a single, contiguous unit. Two-piece gift boxes are those with a folded bottom and a folded top as separate pieces. Folding gift boxes are generally packaged in shrink-wrap, cellophane, or other packaging materials, in single or multi-box packs for sale to the retail customer. The scope excludes folding gift boxes that have a retailer's name, logo, trademark or similar company information printed prominently on the box's top exterior (such folding gift boxes are often known as ``not-for-resale'' gift boxes or ``give-away'' gift boxes and may be provided by department and specialty stores at no charge to their retail customers). The scope of the Order also excludes folding gift boxes where both the outside of the box is a single color and the box is not packaged in shrink-wrap, cellophane, other resin- based packaging films, or paperboard. Imports of the subject merchandise are classified under Harmonized Tariff Schedules of the United States (HTSUS) subheadings 4819.20.0040 and 4819.50.4060. These subheadings also cover products that are outside the scope of the Order. Furthermore, although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the Order is dispositive. Analysis of Comments Received All issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the Order were revoked, are addressed in the Issues and Decision Memorandum,\6\ dated concurrently with, and hereby adopted by this notice. The Issues and 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 and to all parties in the Central Records Unit, [[Page 26415]] room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \6\ See Memorandum, ``Issues and Decision Memorandum for the Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order on Certain Folding Gift Boxes from the People's Republic of China'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Final Results of Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we determine that revocation of the Order on folding gift boxes from China would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins above de minimis. ------------------------------------------------------------------------ Weighted-Average Margin Manufacturers, Producers, and Exporters (percent) ------------------------------------------------------------------------ All Manufacturers, Producers, and Above de minimis. Exporters \7\. ------------------------------------------------------------------------ Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to an 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 order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. --------------------------------------------------------------------------- \7\ Max Fortune Industrial Ltd. was excluded from the order. See Order, 67 FR at 865. --------------------------------------------------------------------------- We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CR 351.218. Dated: June 1, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-12271 Filed 6-6-18; 8:45 am] BILLING CODE 3510-DS-P
![26414 Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices
available, both before and after the (the Act).2 On February 16, 2018, debossing, and foil stamping, but may
meeting. Persons interested in the work Commerce received a notice of intent to also be plain white or printed with a
of this advisory committee are advised participate from Harvard Folding Box single color. The subject merchandise
to go to the Commission’s website, Company, Inc. (Harvard) and P.S. includes folding gift boxes, with or
www.usccr.gov, or to contact the Rocky Greetings, Inc. doing business as (d.b.a.) without handles, whether finished or
Mountain Regional Office at the above Fantus Paper Products (P.S. Greetings), unfinished, and whether in one-piece or
phone number, email or street address. hereinafter referred to as Domestic multi-piece configuration. One-piece
Interested Parties, within the deadline gift boxes are die-cut or otherwise
Tuesday, June 26, 2018 (5:00 p.m.– specified in 19 CFR 351.218(d)(1)(i).3 formed so that the top, bottom, and
MDT) Agenda Domestic Interested Parties claimed sides form a single, contiguous unit.
• Welcome and Roll-call interested party status under section Two-piece gift boxes are those with a
• Review and Discuss Logistics and 771(9)(C) of the Act, as producers of the folded bottom and a folded top as
Possible Presenters at Two Upcoming domestic like product.4 On November 3, separate pieces. Folding gift boxes are
Briefings 2017, Commerce received complete generally packaged in shrink-wrap,
• Public Comment substantive responses from Domestic cellophane, or other packaging
• Adjourn Interested Parties within the 30-day materials, in single or multi-box packs
Dated: June 4, 2018. deadline specified in 19 CFR for sale to the retail customer. The scope
351.218(d)(3)(i).5 We received no excludes folding gift boxes that have a
David Mussatt,
substantive response from any other retailer’s name, logo, trademark or
Supervisory Chief, Regional Programs Unit.
domestic or respondent interested similar company information printed
[FR Doc. 2018–12266 Filed 6–6–18; 8:45 am] parties in this proceeding, nor was a prominently on the box’s top exterior
BILLING CODE P hearing requested. As a result, pursuant (such folding gift boxes are often known
to 19 CFR 351.218(e)(1)(ii)(C), as ‘‘not-for-resale’’ gift boxes or ‘‘give-
Commerce conducted an expedited away’’ gift boxes and may be provided
DEPARTMENT OF COMMERCE (120-day) sunset review of the Order. by department and specialty stores at no
charge to their retail customers). The
Scope of the Order
International Trade Administration scope of the Order also excludes folding
The products covered by the Order gift boxes where both the outside of the
[A–570–866] are certain folding gift boxes. Folding box is a single color and the box is not
gift boxes are a type of folding or knock- packaged in shrink-wrap, cellophane,
Certain Folding Gift Boxes From the down carton manufactured from paper other resin-based packaging films, or
People’s Republic of China: Final or paperboard. Folding gift boxes are paperboard.
Results of Expedited Third Sunset produced from a variety of recycled and Imports of the subject merchandise
Review and Continuation of the virgin paper or paperboard materials, are classified under Harmonized Tariff
Antidumping Duty Order including, but not limited to, clay- Schedules of the United States (HTSUS)
coated paper or paperboard and kraft subheadings 4819.20.0040 and
AGENCY: Enforcement and Compliance,
(bleached or unbleached) paper or 4819.50.4060. These subheadings also
International Trade Administration,
paperboard. The scope of the Order cover products that are outside the
Department of Commerce.
excludes gift boxes manufactured from scope of the Order. Furthermore,
SUMMARY: The Department of Commerce
paper or paperboard of a thickness of although the HTSUS subheadings are
(Commerce) finds that revocation of the more than 0.8 millimeters, corrugated
antidumping duty (AD) order on certain provided for convenience and customs
paperboard, or paper mache. The scope purposes, our written description of the
folding gift boxes from the People’s also excludes those gift boxes for which
Republic of China (China) would likely scope of the Order is dispositive.
no side of the box, when assembled, is
lead to continuation or recurrence of at least nine inches in length. Analysis of Comments Received
dumping at the dumping margins Folding gift boxes included in the All issues raised in this sunset review,
identified in the ‘‘Final Results of scope are typically decorated with a including the likelihood of continuation
Review’’ section of this notice. holiday motif using various processes, or recurrence of dumping and the
DATES: Applicable June 7, 2018. including printing, embossing, magnitude of the margins likely to
FOR FURTHER INFORMATION CONTACT: prevail if the Order were revoked, are
Keith Haynes, AD/CVD Operations, 2 See Initiation of Five-Year (Sunset) Reviews, 83
addressed in the Issues and Decision
Office III, Enforcement and Compliance, FR 4641 (February 1, 2018).
3 See Domestic Interested Parties’ letter, ‘‘Third
Memorandum,6 dated concurrently
International Trade Administration, Five-Year (Sunset) Review of Antidumping Duty with, and hereby adopted by this notice.
U.S. Department of Commerce, 1401 Order on Folding Gift Boxes from the People’s The Issues and Decision Memorandum
Constitution Avenue NW, Washington, Republic of China/The Domestic Industry’s Notice is a public document and is on file
DC 20230; telephone: (202) 482–5139. of Intent to Participate,’’ dated February 16, 2018. electronically via Enforcement and
4 Id. at 2. Harvard was a petitioner in the
SUPPLEMENTARY INFORMATION: underlying investigation of this proceeding. See
Compliance’s Antidumping and
Notice of Preliminary Determination of Sales at Less Countervailing Duty Centralized
Background Than Fair Value: Certain Folding Gift Boxes from Electronic Service System (ACCESS).
On February 1, 2018, Commerce the People’s Republic of China, 66 FR 40973 ACCESS is available to registered users
(August 6, 2001); unchanged in Notice of Final
published the notice of initiation of the Determination of Sales at Less Than Fair Value:
at https://access.trade.gov and to all
sradovich on DSK3GMQ082PROD with NOTICES
third sunset review of the antidumping Certain Folding Gift Boxes from the People’s parties in the Central Records Unit,
duty order 1 on certain folding gift boxes Republic of China, 66 FR 58115 (November 20,
from China, pursuant to section 751(c) 2001) (Final Determination). 6 See Memorandum, ‘‘Issues and Decision
5 See Domestic Interested Parties’ letter, ‘‘Third Memorandum for the Final Results of the Expedited
of the Tariff Act of 1930, as amended
Five-Year (Sunset) Review of the Antidumping Third Sunset Review of the Antidumping Duty
Duty Order on Folding Gift Boxes from the People’s Order on Certain Folding Gift Boxes from the
1 See Notice of Antidumping Duty Order: Certain Republic of China/Substantive Response to the People’s Republic of China’’ dated concurrently
Folding Gift Boxes from the People’s Republic of Notice of Initiation,’’ dated March 5, 2018 with this notice (Issues and Decision
China, 67 FR 864 (January 8, 2002) (Order). (Substantive Response). Memorandum).
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![Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices 26415
room B8024 of the main Department of DEPARTMENT OF COMMERCE submitted timely requests, pursuant to
Commerce building. In addition, a section 703(c)(1)(A) of the Act and 19
complete version of the Issues and International Trade Administration CFR 351.205(e), to postpone the
Decision Memorandum can be accessed [C–533–884, C–570–081, C–549–838] preliminary determinations.2 The
at http://enforcement.trade.gov/frn/. petitioners state that the current
The signed Issues and Decision Glycine From India, the People’s investigation schedule does not provide
Memorandum and the electronic Republic of China, and Thailand: adequate time to develop the record
version of the Issues and Decision Postponement of Preliminary prior to the preliminary determination.
Memorandum are identical in content. Determinations of Countervailing Duty The petitioners, therefore, request
Investigations postponement of the preliminary
Final Results of Review
AGENCY: Enforcement and Compliance, determination to allow parties sufficient
Pursuant to sections 751(c)(1) and International Trade Administration, time to develop the record, including
752(c)(1) and (3) of the Act, we Department of Commerce. analyzing questionnaire responses and
determine that revocation of the Order DATES: Applicable June 7, 2018. permit the issuance of supplemental
on folding gift boxes from China would FOR FURTHER INFORMATION CONTACT:
questionnaires, if necessary. According
be likely to lead to continuation or Chelsey Simonovich at 202–482–1979 to petitioners, postponement of the
recurrence of dumping, and that the (India); Tyler Weinhold at 202–482– preliminary determination by the
magnitude of the dumping margins 1121 (the People’s Republic of China maximum extension of 65 additional
likely to prevail would be weighted- (China)); George Ayache at 202–482– days in this case would allow sufficient
average dumping margins above de 2623 (Thailand), AD/CVD Operations, time for Commerce to develop the
minimis. Enforcement and Compliance, record in this investigation.
International Trade Administration, In accordance with 19 CFR
Manufacturers, Weighted-Average U.S. Department of Commerce, 1401 351.205(e), the petitioners have stated
Producers, Margin Constitution Avenue NW, Washington,
and Exporters (percent) the reasons for requesting a
DC 20230. postponement of the preliminary
All Manufacturers, Above de minimis. SUPPLEMENTARY INFORMATION: determination, and Commerce finds
Producers, and Ex-
Background there are no compelling reasons to deny
porters 7. the requests. Therefore, in accordance
On April 25, 2018, the Department of with section 703(c)(1)(A) of the Act,
Notification Regarding Administrative Commerce (Commerce) initiated Commerce is postponing the deadline
Protective Order countervailing duty (CVD)
for the preliminary determinations to no
investigations on glycine from India,
later than 130 days after the day on
This notice also serves as the only China, and Thailand.1 Currently, the
which the investigations were initiated,
reminder to parties subject to an preliminary determinations of these
investigations are due no later than June i.e., April 17, 2018. Accordingly,
administrative protective order (APO) of
21, 2018. Commerce will issue the preliminary
their responsibility concerning the
determinations no later than August 27,
return or destruction of proprietary Postponement of Preliminary 2018.3 In accordance with section
information disclosed under APO in Determination 705(a)(1) of the Act and 19 CFR
accordance with 19 CFR 351.305.
Section 703(b)(1) of the Tariff Act of 351.210(b)(1), the deadline for the final
Timely notification of the return or
1930, as amended (the Act), requires determinations of these investigations
destruction of APO materials or
Commerce to issue the preliminary will continue to be 75 days after the
conversion to judicial protective order is
determination in a CVD investigation date of the preliminary determinations,
hereby requested. Failure to comply within 65 days after the date on which unless postponed at a later date.
with the regulations and terms of an Commerce initiated the investigation.
APO is a violation which is subject to This notice is issued and published
However, if the petitioner makes a pursuant to section 703(c)(2) of the Act
sanction. timely request for a postponement,
and 19 CFR 351.205(f)(1).
We are issuing and publishing these section 703(c)(1)(A) of the Act allows
results and notice in accordance with Commerce to postpone making the
sections 751(c), 752(c), and 777(i)(1) of preliminary determination until no later
the Act and 19 CR 351.218. than 130 days after the date on which
Commerce initiated the investigation.
Dated: June 1, 2018.
Under 19 CFR 351.205(e), a petitioner
Gary Taverman, must submit a request for postponement 2 See the petitioners’ letter re: Glycine from the
Deputy Assistant Secretary for Antidumping 25 days or more before the scheduled People’s Republic of China, India and Thailand:
and Countervailing Duty Operations, date of the preliminary determination Request to Extend Deadline for Preliminary
performing the non-exclusive functions and Determinations, dated May 22, 2018.
and must state the reason for the
duties of the Assistant Secretary for request. Commerce will grant the
3 See 19 CFR 351.303(b)(1) and (2). Postponing
Enforcement and Compliance. the preliminary determination to 130 days after
request unless it finds compelling initiation would place the deadline on Saturday,
[FR Doc. 2018–12271 Filed 6–6–18; 8:45 am] reasons to deny the request.
sradovich on DSK3GMQ082PROD with NOTICES
August 25, 2018. Commerce’s practice dictates that
BILLING CODE 3510–DS–P On May 22, 2018, GEO Specialty where a deadline falls on a weekend or a federal
Chemicals, Inc. and Chattem Chemicals, holiday, the appropriate deadline is the next
Inc. (collectively, the petitioners) business day. This date reflects the next business
day after the deadline of August 25, 2018. See
1 See Glycine from India, the People’s Republic of Notice of Clarification: Application of ‘‘Next
China, and Thailand: Initiation of Countervailing Business Day’’ Rule for Administrative
7 Max Fortune Industrial Ltd. was excluded from Determination Deadlines Pursuant to the Tariff Act
Duty Investigations, 83 FR 18002 (April 25, 2018)
the order. See Order, 67 FR at 865. (Initiation Notice). of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Document Created: 2018-06-07 00:50:28
Document Modified: 2018-06-07 00:50:28
| 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 | Applicable June 7, 2018. | |
| Contact | Keith Haynes, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5139. | |
| FR Citation | 83 FR 26414 |
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