Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 69141 

1See Paper File Folders from the People’s 

Republic of China: Preliminary Affirmative 

Determination of Sales at Less-Than-Fair Value, 88 

FR 31485 (May 17, 2023) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum (PDM). 

2See Paper File Folders from the People’s 

Republic of China: Postponement of Final 

Determination in the Less-Than-Fair-Value 

Investigation, 88 FR 34827 (May 31, 2023). 

3See Memorandum, ‘‘Preliminary Scope Decision 

Memorandum,’’ dated May 10, 2023 (Preliminary 

Scope Memorandum). 

4See Preliminary Determination PDM at 7–11. 5 Id. 

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. 

Appendix II—List of Topics Discussed 

in the Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Changes From the Preliminary 

Determination 

IV. Use of Facts Available With an Adverse 

Inference 

V. Discussion of the Issues 

Comment 1: Source for Constructed Value 

(CV) Profit and Selling Expenses 

Comment 2: Calculation of CV Profit 

VI. Recommendation 

[FR Doc. 2023–22194 Filed 10–4–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–147] 

Paper File Folders From the People’s 

Republic of China: Final Affirmative 

Determination of Sales at Less-ThanFair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

paper file folders from the People’s 

Republic of China (China) are being, or 

are likely to be, sold in the United States 

at less-than-fair value (LTFV). The 

period of investigation is April 1, 2022, 

through September 30, 2022. 

DATES: Applicable October 5, 2023. 

FOR FURTHER INFORMATION CONTACT: 

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) 482–4868. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 17, 2023, Commerce 

published in the Federal Register the 

Preliminary Determination in this 

investigation.1 On May 31, 2023, 

Commerce published the postponement 

of the final determination deadline until 

September 29, 2023.2

We received no comments or case 

briefs addressing any of the findings in 

the Preliminary Determination; 

therefore, there is no Decision 

Memorandum accompanying this 

notice. 

Scope of the Investigation 

The products covered by this 

investigation are paper file folders from 

China. For a complete description of the 

scope of this investigation, see the 

appendix to this notice. 

Scope Comments 

During the course of this 

investigation, Commerce received scope 

comments from interested parties. 

Commerce issued a Preliminary Scope 

Memorandum to address these 

comments and set aside a period of time 

for parties to address scope issues in 

scope-specific case and rebuttal briefs.3

We did not receive comments from any 

interested parties on the Preliminary 

Scope Memorandum. We, therefore, did 

not make any changes to the scope of 

the investigation from the scope 

published in the Preliminary 

Determination, as noted in the 

appendix. 

China-Wide Entity and Use of Adverse 

Facts Available (AFA) 

For the purposes of this final 

determination, consistent with the 

Preliminary Determination,4 we relied 

solely on the application of AFA for the 

China-wide entity, pursuant to sections 

776(a) and (b) of the Tariff Act of 1930, 

as amended (the Act). Further, because 

no companies are eligible for a rate 

separate from the China-wide entity, we 

continue to find that all exporters of 

Chinese paper file folders are part of the 

China-wide entity. No interested party 

submitted comments on the Preliminary 

Determination. Thus, we made no 

changes to our analysis or to the Chinawide entity’s dumping margin for the 

final determination. A detailed 

discussion of our application of AFA is 

provided in the Preliminary 

Determination.5

Combination Rates 

Because no Chinese exporters 

qualified for a separate rate, producer/ 

exporter combination rates were not 

calculated for this final determination. 

Final Determination 

The final estimated weighted-average 

dumping margin is as follows: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

China-Wide Entity ................. 192.70 

Disclosure 

Normally, Commerce will disclose to 

the parties in a proceeding the 

calculations performed in connection 

with a final determination within five 

days of any public announcement or, if 

there is no public announcement, 

within five days of the date of 

publication of the notice of final 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

However, because Commerce continues 

to find that all Chinese exporters of 

paper file folders are part of the Chinawide entity and continues to rely solely 

on the application of AFA for the Chinawide entity, there are no calculations to 

disclose for this final determination. 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct U.S. Customs and Border 

Protection (CBP) to continue to suspend 

liquidation of subject merchandise, as 

described in the appendix to this notice, 

entered, or withdrawn from warehouse, 

for consumption, on or after May 17, 

2023, which is the date of publication 

of the affirmative Preliminary 

Determination in the Federal Register, 

at the cash deposit rate indicated above. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act and 19 CFR 351.210(d), we will 

instruct CBP to require a cash deposit 

for such entries of merchandise equal to 

the amount by which the normal value 

exceeds the U.S. price as follows: (1) for 

all Chinese exporters of subject 

merchandise, the cash deposit rate will 

be equal to the estimated dumping 

margin established for the China-wide 

entity; and (2) for all third country 

exporters of subject merchandise, the 

cash deposit rate is also the cash deposit 


ddrumheller on DSK120RN23PROD with NOTICES1
69142 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 

rate applicable to the China-wide entity. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

U.S. International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the U.S. 

International Trade Commission (ITC) of 

our final affirmative determination of 

sales at LTFV. We will allow the ITC 

access to all privileged and business 

proprietary information in our files, 

provided the ITC confirms that it will 

not disclose such information, either 

publicly or under an administrative 

protective order (APO), without the 

written consent of the Assistant 

Secretary for Enforcement and 

Compliance. 

Because the final determination in 

this proceeding is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports of 

paper file folders from China no later 

than 45 days after our final 

determination. If the ITC determines 

that material injury or threat of material 

injury does not exist, the proceeding 

will be terminated and all cash deposits 

will be refunded. If the ITC determines 

that such injury does exist, Commerce 

intends to issue an antidumping duty 

order, in accordance with section 736(a) 

of the Act, directing CBP to assess, upon 

further instruction by Commerce, 

antidumping duties on all imports of the 

subject merchandise that are entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of the suspension of liquidation, as 

discussed above in the ‘‘Continuation of 

Suspension of Liquidation’’ section. 

Administrative Protective Order 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

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. 

Notification to Interested Parties 

This determination is issued and 

published in pursuant to sections 735(d) 

and 777(i) of the Act, and 19 CFR 

351.210(c). 

Dated: September 29, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

Scope of the Investigation 

The products within the scope of this 

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. 2023–22195 Filed 10–4–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Technical Information Service 

National Technical Information Service 

Advisory Board; Meeting 

AGENCY: National Technical Information 

Service. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces the 

next meeting of the National Technical 

Information Service (NTIS) Advisory 

Board (the Advisory Board). 

DATES: The Advisory Board will meet on 

Wednesday, November 1, 2023, from 

12:30 p.m. to approximately 4:30 p.m., 

Eastern Time. 

ADDRESSES: The Advisory Board 

meeting will be via teleconference. 

Please note attendance instructions 

under the SUPPLEMENTARY INFORMATION

section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Shaw, (703) 605–6136, 

eshaw@ntis.gov or Steven Holland at 

sholland@ntis.gov. 

SUPPLEMENTARY INFORMATION: The 

Advisory Board is established by 

Section 3704b(c) of Title 15 of the 

United States Code. The charter has 

been filed in accordance with the 

requirements of the Federal Advisory 

Committee Act, as amended (5 U.S.C. 

App.). The Advisory Board reviews and 

makes recommendations to improve 

NTIS programs, operations, and general 

policies in support of NTIS’ mission to 


ddrumheller on DSK120RN23PROD with NOTICES1