[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69134-69136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22197]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-911]


Paper File Folders From India: Final Affirmative Countervailing 
Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of paper file folders from India. The period of investigation is 
January 1, 2021, through December 31, 2021.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION:

Background

    On March 20, 2023, Commerce published the Preliminary Determination 
in the Federal Register.\1\ Subsequently, on June 1, 2023, Commerce 
released its Post-Preliminary Analysis.\2\
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    \1\ See Paper File Folders from India: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination With the Final Antidumping Duty Determination, 88 FR 
16590 (March 20, 2023) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Post-Preliminary Analysis Memorandum;'' 
dated June 1, 2023 (Post-Preliminary Analysis).
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\3\ 
The Issues and Decision Memorandum is a public

[[Page 69135]]

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.
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    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of the Countervailing Duty 
Investigation of Paper File Folders from India,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Investigation

    The products covered by this investigation are paper file folders. 
For a full 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.
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    \4\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated May 10, 2023 (Preliminary Scope Memorandum).
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs by parties in this investigation, are 
discussed in the Issues and Decision Memorandum. For a list of the 
issues raised by parties, and to which we responded in the Issues and 
Decision Memorandum, see Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found to be countervailable, Commerce determines that 
there is a subsidy, i.e., a financial contribution by an ``authority'' 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ For a full description of the methodology underlying our 
final determination, including our determination with respect to Lotus 
Global Pvt. Ltd (Lotus Global) that relied upon the use of adverse 
facts available pursuant to sections 776(a) and (b) of the Act, see the 
Issues and Decision Memorandum.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Changes Since the Preliminary Determination and Post-Preliminary 
Analysis

    Based on our review and analysis of the information received during 
verification and comments received from arties, for this final 
determination, we made certain changes to the countervailable subsidy 
rate calculations for Navneet Education Ltd. (Navneet), Lotus Global, 
and for all other producers/exporters. For a discussion of these 
changes, see the Issues and Decision Memorandum.

All-Others Rate

    Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will 
determine an all-others rate equal to the weighted-average 
countervailable subsidy rates established for exporters and/or 
producers individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act. In this investigation, Commerce calculated a 
total subsidy rate for Lotus Global determined entirely under section 
776 of the Act. Therefore, the only rate that is not zero, de minimis, 
or based entirely on facts otherwise available is the rate calculated 
for Navneet. Consequently, the rate calculated for Navneet is also 
assigned as the rate for all other producers and exporters.

Final Determination

    Commerce determines that the following estimated net 
countervailable subsidy rates exist for the period January 1, 2021, 
through December 31, 2021:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (percent  ad
                                                             valorem)
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Navneet Education Ltd...................................            3.78
Lotus Global Pvt. Ltd...................................           90.98
All Others..............................................            3.78
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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 we have made no calculation changes 
from the Preliminary Determination, there are no calculations to 
disclose.

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to collect cash deposits and 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after March 20, 2023, the date of 
publication of the Preliminary Determination in the Federal Register. 
In accordance with section 703(d) of the Act, on July 19, 2023, we 
instructed CBP to discontinue the suspension of liquidation of all 
entries of subject merchandise entered or withdrawn from warehouse, on 
or after July 18, 2023, but to continue the suspension of liquidation 
of all entries of subject merchandise on or after March 20, 2023 and on 
or before July 17, 2023.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, reinstate the suspension of liquidation under section 706(a) of 
the Act, and require a cash deposit of estimated countervailing duties 
for such entries of subject merchandise in the amounts indicated above, 
in accordance with section 706(a) of the Act. If the ITC determines 
that material injury, or threat of material injury, does not exist, 
this proceeding will be terminated, and all estimated duties deposited 
or securities posted as a result of the suspension of liquidation will 
be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of paper file 
folders from India. As Commerce's final determination is affirmative, 
in accordance with section 705(b) of the Act, the ITC will determine, 
within 45 days, 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 India. In addition, we are making 
available to the ITC all non-privileged and non-proprietary information 
related to this investigation. We will allow the ITC access to all 
privileged and business

[[Page 69136]]

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.

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 the APO of their responsibility concerning the destruction 
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 pursuant to sections 
705(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 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:
    <bullet> 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;
    <bullet> binders, with two or more rings to hold documents in 
place, made from paperboard or pressboard encased entirely in 
plastic;
    <bullet> 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;
    <bullet> 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);
    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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
    <bullet> 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. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether Navneet Received a Benefit from the Remission 
of Duties and Taxes on Export Products (RODTEP) Program during the 
Period of Investigation (POI)
    Comment 2: Whether Commerce has Incorrectly Found the Duty 
Drawback (DDB) Program to Be Countervailable
    Comment 3: Whether Commerce Correctly Calculated Merchandise 
Export Incentive Scheme (MEIS) Benefits
VIII. Recommendation

[FR Doc. 2023-22197 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P