69130 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 

1See 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 

(PDM). 

2See Paper File Folders from the Socialist 

Republic of Vietnam: Amended Preliminary 

Determination of Less Than Fair Value 

Investigation, 88 FR 39825 (June 20, 2023) 

(Amended Preliminary Determination). 

3See Memorandum, ‘‘Decision Memorandum for 

the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Paper File Folders 

from the Socialist Republic of Vietnam,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

4See Memorandum, ‘‘Preliminary Scope Decision 

Memorandum,’’ dated May 10, 2023 (Preliminary 

Scope Memorandum). 5See Preliminary Determination PDM at 13–17. 6See the ‘‘Final Determination’’ section of this 

notice, infra, at footnote 13 for the names of these 

six companies. 

7See Amended Preliminary Determination, 88 FR 

at 39826. 

8See Issues and Decision Memorandum at the 

‘‘Vietnam-Wide Rate’’ section for a full discussion. 

9See Preliminary Determination PDM at 12–13. 

10See Issues and Decision Memorandum at the 

‘‘Separate Rates’’ section for further discussion. 

11 Id. 

12See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigations involving Non-Market 

Economy Countries,’’ dated April 5, 2005 (Policy 

Bulletin 05.1), available on Commerce’s website at 

https://enforcement.trade.gov/policy/bull05-1.pdf. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–834] 

Paper File Folders From the Socialist 

Republic of Vietnam: Final Affirmative 

Determination of Sales at Less-ThanFair-Value Investigation 

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 Socialist 

Republic of Vietnam (Vietnam) are 

being, or 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 or Jinny Ahn, 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 or (202) 482–0339, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 17, 2023, Commerce 

published its preliminary affirmative 

determination in the LTFV investigation 

of paper file folders from Vietnam.1 On 

June 20, 2023, Commerce published its 

Amended Preliminary Determination to 

correct a significant ministerial error.2

For a complete description of the events 

that followed the Preliminary 

Determination, see the Issues and 

Decision Memorandum.3

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 I. 

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.4

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 Appendix I. 

Analysis of Comments Received 

All issues raised by interested parties 

in briefs are addressed in the Issues and 

Decision Memorandum. A list of the 

issues addressed in the Issues and 

Decision Memorandum is provided in 

Appendix II to 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. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/

FRNoticesListLayout.aspx. 

Vietnam-Wide Entity and Use of 

Adverse Facts Available (AFA) 

Consistent with the Preliminary 

Determination,5 Commerce continues to 

find, pursuant to sections 776(a)(1) and 

(a)(2)(A)–(C) of the Tariff Act of 1930, as 

amended (the Act), that the use of facts 

available is warranted in determining 

the rate of the Vietnam-wide entity, 

which includes mandatory respondents 

CRE8 Direct (HK) Co., Limited and 

Fairton Asia Limited and six companies 

not selected for individual 

examination 6 that did not respond to 

our requests for information. 

Furthermore, we continue to find that 

an adverse inference is warranted in 

selecting from the facts otherwise 

available, pursuant to section 776(b) of 

the Act and 19 CFR 351.308(a), because 

the Vietnam-wide entity, including the 

eight companies referred to above, failed 

to cooperate by not acting to the best of 

their ability to comply with Commerce’s 

requests for information. For the final 

determination, consistent with the 

Amended Preliminary Determination,7

as AFA, we are continuing to assign the 

Vietnam-wide entity, including the 

above-referenced companies, the rate of 

233.93 percent, which is the highest 

margin alleged in the petition.8

Separate Rates 

We preliminarily granted the 

mandatory respondent, Three-Color 

Stone Stationary (Viet Nam) Company, 

Limited (TCS), a separate rate in the 

Preliminary Determination based on its 

eligibility.9 No party commented on our 

preliminary separate rate determination 

with respect to TCS and we have no 

basis otherwise to reconsider this 

determination. Accordingly, we 

continue to find that TCS is eligible for 

a separate rate in the final 

determination.10

No party commented on our 

preliminary determination to deny 

separate rates to the eight companies 

that failed to establish their eligibility 

for a separate rate by not complying 

with our requests for information, and 

there is no basis otherwise to reconsider 

this determination. Accordingly, we 

have continued to treat these companies 

as a part of the Vietnam-wide entity. 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from interested 

parties, we made one change to the 

margin calculations for TCS.11 For a 

discussion of this change, see the Issues 

and Decision Memorandum. 

Combination Rates 

Consistent with the Preliminary 

Determination and Policy Bulletin 

05.1,12 Commerce calculated 

combination rates for the sole 

respondent that is eligible for a separate 

rate in this investigation. 

Final Determination 

Commerce determines that the 

following weighted-average dumping 

margins exist for the period April 1, 

2022, through September 30, 2022: 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 69131 

13The Vietnam-wide entity includes the 

following companies: Vietnam Cailan Industry Co., 

Ltd.; Changyuan Vietnam Co., Ltd.; Deli Vietnam 

Co., Ltd.; Fuda Stationery (Vietnam) Factory; 

Guangbo Vietnam Company, Ltd.; Teamade 

Stationery Vietnam Co., Ltd.; CRE8 Direct (HK) Co., 

Limited; and Fairton Asia Limited. 

Exporter Producer 

Estimated 

weighted-average 

dumping margin 

(percent) 

Three-Color Stone Stationary (Viet Nam) Company Limited .. Three-Color Stone Stationary (Viet Nam) Company Limited 97.52 

Vietnam-Wide Entity 13 233.93 

Disclosure 

We intend to disclose to parties in 

this proceeding the calculations 

performed for this final determination 

within five days of the date of 

publication of this notice, in accordance 

with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, we will instruct 

U.S. Customs and Border Protection 

(CBP) to continue to suspend 

liquidation of all entries of paper file 

folders from Vietnam, as described in 

Appendix I of this notice, which are 

entered, or withdrawn from warehouse, 

for consumption on or after May 17, 

2023, the date of publication in the 

Federal Register of the affirmative 

Preliminary Determination. 

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

the Act and 19 CFR 351.210(d), upon 

the publication of this notice, 

Commerce will instruct CBP to require 

a cash deposit equal to the weightedaverage amount by which the normal 

value exceeds U.S. price as follows: (1) 

the cash deposit rate for the exporter/ 

producer combination listed in the table 

above will be the rate identified in the 

table; (2) for all combinations of 

Vietnamese exporters/producers of 

subject merchandise that have not 

received their own separate rate above, 

the cash deposit rate will be the cash 

deposit rate established for the Vietnamwide entity; and (3) for all nonVietnamese exporters of subject 

merchandise which have not received 

their own separate rate above, the cash 

deposit rate will be the cash deposit rate 

applicable to the Vietnamese exporter/ 

producer combination that supplied that 

non-Vietnamese exporter. These 

suspension of liquidation instructions 

will remain in effect until further notice. 

To determine the cash deposit rate, 

Commerce normally adjusts the 

estimated weighted-average dumping 

margin by the amount of domestic 

subsidy pass-through and export 

subsidies determined in a companion 

countervailing duty (CVD) proceeding 

where appropriate. Because there is no 

companion CVD proceeding, we have 

not made any such adjustments for this 

final determination. 

U.S. International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the 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 

subject merchandise from Vietnam no 

later than 45 days after our final 

determination. If the ITC determines 

that such injury does not exist, this 

proceeding will be terminated, and all 

cash deposits posted will be refunded. 

If the ITC determines that such injury 

does exist, Commerce will 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 

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 

This notice will serve as a reminder 

to the 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 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. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with 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 I—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); 


ddrumheller on DSK120RN23PROD with NOTICES1
69132 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 

1See Mattresses from Indonesia: Initiation of 

Countervailing Duty Investigation, 88 FR 57412 

(August 23, 2023). 

2The petitioners are Brooklyn Bedding; Carpenter 

Co.; Corsicana Mattress Company; Future Foam 

Inc.; FXI, Inc.; Kolcraft Enterprises Inc.; Leggett & 

Platt, Incorporated; Serta Simmons Bedding Inc.; 

Southerland, Inc.; Tempur Sealy International; the 

International Brotherhood of Teamsters; and the 

United Steel, Paper and Forestry, Rubber, 

Manufacturing, Energy, Allied Industrial and 

Service Workers International Union. 

3See Petitioners’ Letter, ‘‘Request to Extend CVD 

Preliminary Determination,’’ dated September 22, 

2023. 

4 Id. 

5Postponing the preliminary determination to 

130 days after initiation would place the deadline 

on Monday, December 25, 2023. Commerce’s 

practice dictates that where a deadline falls on a 

weekend or federal holiday, the appropriate 

deadline is the next business day. See Notice of 

Clarification: Application of ‘‘Next Business Day’’ 

Rule for Administrative Determination Deadlines 

Pursuant to the Tariff Act of 1930, As Amended, 70 

FR 24533 (May 10, 2005). 

• 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. 

Appendix II—List of Topics Discussed 

in the Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Vietnam-Wide Rate 

IV. Separate Rates 

V. Changes from the Preliminary 

Determination 

VI. Discussion of the Issues 

Comment 1: Surrogate Country Selection 

and Selection of Surrogate Financial 

Statements 

Comment 2: Commerce’s Application of 

the Cohen’s d Test 

Comment 3: Whether to Correct a Clerical 

Error in the Movement Expense 

Calculation 

Comment 4: Whether to Apply Partial 

Adverse Facts Available (AFA) with 

Respect to Cutting Dies 

VII. Recommendation 

[FR Doc. 2023–22196 Filed 10–4–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–560–839] 

Mattresses From Indonesia: 

Postponement of Preliminary 

Determination in the Countervailing 

Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable October 5, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Natasia Harrison and Harrison 

Tanchuck, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1240 

and (202) 482–7421, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 17, 2023, the U.S. 

Department of Commerce (Commerce) 

initiated a countervailing duty (CVD) 

investigation of imports of mattresses 

from Indonesia.1 Currently, the 

preliminary determination is due no 

later than October 23, 2023. 

Postponement of Preliminary 

Determination 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in a countervailing duty 

investigation within 65 days after the 

date on which Commerce initiated the 

investigation. However, section 

703(c)(1) of the Act permits Commerce 

to postpone the preliminary 

determination until no later than 130 

days after the date on which Commerce 

initiated the investigation if: (A) the 

petitioner makes a timely request for a 

postponement; or (B) Commerce 

concludes that the parties concerned are 

cooperating, that the investigation is 

extraordinarily complicated, and that 

additional time is necessary to make a 

preliminary determination. Under 19 

CFR 351.205(e), the petitioner must 

submit a request for postponement 25 

days or more before the scheduled date 

of the preliminary determination and 

must state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On September 22, 2023, the 

petitioners 2 submitted a timely request 

that Commerce postpone the 

preliminary CVD determination.3 The 

petitioners stated that they request 

postponement so that the petitioners 

will have an adequate opportunity to 

submit rebuttal factual information and 

Commerce will have adequate time to 

review the data provided in the 

questionnaire responses and issue 

supplemental questionnaires prior to 

the issuance of the preliminary 

determination.4 In accordance with 19 

CFR 351.205(e), the petitioners have 

stated the reasons for requesting a 

postponement of the preliminary 

determination, and Commerce finds no 

compelling reason to deny the request. 

Therefore, in accordance with section 

703(c)(1)(A) of the Act, Commerce is 

postponing the deadline for the 

preliminary determination to no later 

than 130 days after the date on which 

this investigation was initiated, i.e., 

December 26, 2023.5 Pursuant to section 

705(a)(1) of the Act and 19 CFR 

351.210(b)(1), the deadline for the final 

determination of this investigation will 

continue to be 75 days after the date of 

the preliminary determination. 

This notice is issued and published 

pursuant to section 703(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: September 27, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–22133 Filed 10–4–23; 8:45 am] 

BILLING CODE 3510–DS–P 


ddrumheller on DSK120RN23PROD with NOTICES1