91322 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 

1See Thermoformed Molded Fiber Products from 

the People’s Republic of China and the Socialist 

Republic of Vietnam: Initiation Countervailing Duty 

Investigations, 89 FR 87556 (November 4, 2024). 

2 Id. 

1The members of the Coalition of Domestic 

Folder Manufacturers (the Coalition) are: Smead 

Manufacturing Company, Inc. (Smead) and TOPS 

Products LLC (TOPS). 

2See Petitioners’ Letter, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated October 21, 2024 (Petitions). 

Vietnam (Vietnam). There was a 

typographical error in the Harmonized 

Tariff Schedule of the United States 

(HTSUS) subheadings included in the 

scope of the investigations. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Cossart (China) and Zachary 

Shaykin (Vietnam), AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0462 and (202) 482–2638, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 4, 2024, Commerce 

published in the Federal Register the 

initiation notice of the CVD 

investigations on molded fiber products 

from China and Vietnam.1 In that 

notice, there was a typographical error 

in the HTSUS subheadings included in 

the scope of the investigations. 

Correction 

In the Federal Register of November 

4, 2024, in FR Doc 2024–25561,2 on 

page 87560, in the second column, 

correct the first sentence of the last 

paragraph in this column to read as 

follows: 

‘‘Thermoformed molded fiber 

products are classified under 

subheadings 4823.70.0020 and 

4823.70.0040, Harmonized Tariff 

Schedule of the United States 

(HTSUS).’’ 

For a full description of the scope of 

these investigations, revised to reflect 

the correction specified above, see the 

appendix to this notice. 

Notice to Interested Parties 

This notice is issued and published in 

accordance with sections 702 and 777(i) 

of the Tariff Act of 1930, as amended, 

and 19 CFR 351.203(c). 

Dated: November 13, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Investigations 

The merchandise subject to these 

investigations consists of thermoformed 

molded fiber products regardless of shape, 

form, function, fiber source, or finish. 

Thermoformed molded fiber products are 

formed with cellulose fibers, thermoformed 

using one or more heated molds, and dried/ 

cured in the mold. 

Thermoformed molded fiber products 

include, but are not limited to, plates, bowls, 

clamshells, trays, lids, food or foodservice 

contact packaging, and consumer or other 

product packaging. 

Thermoformed molded fiber products are 

relatively dense, with a typical fiber density 

above 0.5 grams per cubic centimeter, and are 

generally characterized by relatively smooth 

surfaces. They may be derived from any 

virgin or recycled cellulose fiber source 

(including, but not limited to, those sourced 

from wood, woody crops, agricultural crops/ 

byproducts/residue, and agricultural/ 

industrial/other waste). They may have any 

weight, shape, dimensionality, design, or 

size, and may be bleached, unbleached, dyed, 

colored, or printed. They may include 

ingredients, additives, or chemistries to 

enhance functionality including, but not 

limited to, anti-microbial, antifungal, antibacterial, heat/flame resistant, hydrophobic, 

oleophobic, absorbent, or adsorbent. 

Thermoformed molded fiber products may 

also be subject to other processing or 

treatments, including, but not limited to, hot 

or after pressing, die-cutting, punching, 

trimming, padding, perforating, printing, 

labeling, dying, coloring, coating, laminating, 

embossing, debossing, repacking, or 

denesting. Thermoformed molded fiber 

products subject to these investigations may 

also have additional design features, 

including, but not limited to, tab closures, 

venting, channeling, or stiffening. 

Thermoformed molded fiber products 

remain covered by the scope of these 

investigations whether the subject product is 

encased by exterior packaging or whether the 

subject product forms the outer packaging for 

non-subject products. They also remain 

covered by the scope of these investigations 

whether imported alone, or in any 

combination of subject and non-subject 

merchandise (e.g., a lid or cover of any type 

packaged with a molded fiber bowl, addition 

of any items to make the thermoformed 

molded fiber packaging suitable for end-use 

such as absorbent pads). When thermoformed 

molded fiber products are imported in 

combination with non-subject merchandise, 

only the thermoformed molded fiber 

products are subject merchandise. 

Excluded from the scope of these 

investigations are thermoformed molded 

fiber products imported as packaging 

material that enclose and/or surround nonsubject merchandise prepackaged for final 

sale upon importation into the United States 

(e.g., molded fiber packaging surrounding a 

cellular phone). 

Thermoformed molded fiber products 

include thermoformed molded fiber products 

matching the above description that have 

been finished, packaged, or otherwise 

processed in a third country by performing 

finishing, packaging, or processing that 

would not otherwise remove the 

merchandise from the scope of the 

investigations if performed in the country of 

manufacture of the thermoformed molded 

fiber products. Examples of finishing, 

packaging, or other processing in a third 

country that would not otherwise remove the 

merchandise from the scope of the 

investigations if performed in the country of 

manufacture of the thermoformed molded 

fiber products include, but are not limited to, 

hot or after pressing, die-cutting, punching, 

trimming, padding, perforating, printing, 

labeling, dying, coloring, coating, laminating, 

embossing, debossing, repacking, or 

denesting. 

Thermoformed molded fiber products are 

classified under subheadings 4823.70.0020 

and 4823.70.0040, Harmonized Tariff 

Schedule of the United States (HTSUS). 

Imports may also be classified under 

subheadings 4823.61.0020, 4823.61.0040, 

4823.69.0020, 4823.69.0040, 4823.90.1000, 

HTSUS. References to the HTSUS 

classification are provided for convenience 

and customs purposes, and the written 

description of the merchandise under 

investigation is dispositive. 

[FR Doc. 2024–26908 Filed 11–18–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–555–005, A–542–806] 

Paper File Folders From Cambodia and 

Sri Lanka: Initiation of Less-Than-FairValue Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable November 12, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kelsie Hohenberger (Cambodia) and 

Rachel Jennings (Sri Lanka), AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2517 and (202) 482–1110, 

respectively. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On October 21, 2024, the U.S. 

Department of Commerce (Commerce) 

received antidumping duty (AD) 

petitions concerning imports of paper 

file folders from Cambodia and Sri 

Lanka filed in proper form on behalf of 

the Coalition of Domestic Folder 

Manufacturers (the petitioner),1 the 

members of which are domestic 

producers of paper file folders.2 The AD 

Petitions were accompanied by a 

countervailing duty (CVD) petition 


ddrumheller on DSK120RN23PROD with NOTICES1
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3 Id. 

4See Commerce’s Letters, ‘‘Supplemental 

Questions,’’ dated October 25, 2024 (General Issues 

Questionnaire); see also Country-Specific AD 

Supplemental Questionnaires: Cambodia 

Supplemental and Sri Lanka Supplemental, dated 

October 25 and 26, 2024, respectively. 

5See Petitioner’s Letters, ‘‘Response of Petitioner 

to Volume I Supplemental Questionnaire,’’ dated 

October 29, 2024 (General Issues Supplement); see 

also Country-Specific AD Supplemental Responses: 

Cambodia AD Supplement and Sri Lanka AD 

Supplement, dated October 30, 2024. 

6Smead and TOPS are interested parties under 

section 771(9)(C) of the Act, while the Coalition is 

an interested party under section 771(9)(F) of the 

Act. 

7See section on ‘‘Determination of Industry 

Support for the Petitions,’’ infra. 

8See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble); see also 19 CFR 351.312. 

9See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

10See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance: Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

concerning imports of paper file folders 

from Cambodia.3

Between October 25 and 28, 2024, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions in supplemental 

questionnaires.4 The petitioner 

responded to Commerce’s supplemental 

questionnaires on October 29 and 30, 

2024.5

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of paper file folders from Cambodia and 

Sri Lanka are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV) within the meaning of 

section 731 of the Act, and that imports 

of such products are materially injuring, 

or threatening material injury to, the 

paper file folders industry in the United 

States. Consistent with section 732(b)(1) 

of the Act, the Petitions were 

accompanied by information reasonably 

available to the petitioner supporting its 

allegations. 

Commerce finds that the petitioner 

filed the Petitions on behalf of the 

domestic industry, because the 

petitioner is an interested party, as 

defined in section 771(9)(F) of the Act.6

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support for the initiation of the 

requested LTFV investigations.7

Periods of Investigation 

Because the Petitions were filed on 

October 21, 2024, pursuant to 19 CFR 

351.204(b)(1), the period of 

investigation (POI) for the Cambodia 

and Sri Lanka LTFV investigations is 

October 1, 2023, through September 30, 

2024. 

Scope of the Investigations 

The products covered by these 

investigations are paper file folders from 

Cambodia and Sri Lanka. For a full 

description of the scope of these 

investigations, see the appendix to this 

notice. 

Comments on the Scope of the 

Investigations 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(i.e., scope).8 Commerce will consider 

all scope comments received from 

interested parties and, if necessary, will 

consult with interested parties prior to 

the issuance of the preliminary 

determinations. If scope comments 

include factual information,9 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that scope 

comments be submitted by 5:00 p.m. 

Eastern Time (ET) on December 2, 2024, 

which is 20 calendar days from the 

signature date of this notice. Any 

rebuttal comments, which may include 

factual information, and should also be 

limited to public information, must be 

filed by 5:00 p.m. ET on December 12, 

2024, which is 10 calendar days from 

the initial comment deadline. 

Commerce requests that any factual 

information that parties consider 

relevant to the scope of these 

investigations be submitted during that 

period. However, if a party subsequently 

finds that additional factual information 

pertaining to the scope of the 

investigations may be relevant, the party 

must contact Commerce and request 

permission to submit the additional 

information. All scope comments must 

be filed simultaneously on the records 

of the concurrent LTFV and CVD 

investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically via Enforcement and 

Compliance’s Antidumping Duty and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.10 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of paper file folders to be reported in 

response to Commerce’s AD 

questionnaires. This information will be 

used to identify the key physical 

characteristics of the subject 

merchandise in order to report the 

relevant cost of production (COP) 

accurately, as well as to develop 

appropriate product comparison 

criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) general 

product characteristics; and (2) product 

comparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as product 

comparison criteria. We base product 

comparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

paper file folders, it may be that only a 

select few product characteristics take 

into account commercially meaningful 

physical characteristics. In addition, 

interested parties may comment on the 

order in which the physical 

characteristics should be used in 

matching products. Generally, 

Commerce attempts to list the most 

important physical characteristics first 

and the least important characteristics 

last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on December 

2, 2024, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments must be filed by 5:00 

p.m. ET on December 12, 2024, which 

is 10 calendar days from the initial 

comment deadline. All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above, on the record of each 

of the LTFV investigations. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) at least 25 


ddrumheller on DSK120RN23PROD with NOTICES1
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11See section 771(10) of the Act. 

12See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d Algoma Steel Corp., Ltd. v. United States, 865 

F.2d 240 (Fed. Cir. 1989)). 

13For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Checklists, 

‘‘Antidumping Duty Investigation Initiation 

Checklists: Paper File Folders from Cambodia and 

Sri Lanka,’’ dated concurrently with, and hereby 

adopted by, this notice (Country-Specific AD 

Initiation Checklists), at Attachment II, Analysis of 

Industry Support for the Antidumping and 

Countervailing Duty Petitions Covering Paper File 

Folders from Cambodia and Sri Lanka (Attachment 

II). These checklists are on file electronically via 

ACCESS. 

14See Attachment II of the Country-Specific AD 

Initiation Checklists. 

15 Id. 

16 Id. 

17For further discussion, see Attachment II of the 

Country-Specific AD Initiation Checklists. 

18See Attachment II of the Country-Specific AD 

Initiation Checklists. 

19 Id.; see also section 732(c)(4)(D) of the Act. 

20See Attachment II of the Country-Specific AD 

Initiation Checklists. 

21 Id. 

22 Id. 

23For further information regarding negligibility 

and the injury allegation, see Country-Specific AD 

Initiation Checklists at Attachment III, Analysis of 

Allegations and Evidence of Material Injury and 

Causation for the Antidumping and Countervailing 

Duty Petitions Covering Paper File Folders from 

Cambodia and Sri Lanka (Attachment III). 

24 Id. 

25 Id.; see also Statement of Administrative 

Action Accompanying the Uruguay Round 

Agreements Act, H.R. Doc 103–316, Vol. 1 (1994) 

(SAA). 

26See Attachment III of the Country-Specific AD 

Initiation Checklists; see also section 771(24)(A)(iv) 

of the Act. 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The U.S. International 

Trade Commission (ITC), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

Commerce and the ITC apply the same 

statutory definition regarding the 

domestic like product,11 they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, Commerce’s determination is 

subject to limitations of time and 

information. Although this may result in 

different definitions of the like product, 

such differences do not render the 

decision of either agency contrary to 

law.12

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations.13 Based on our analysis 

of the information submitted on the 

record, we have determined that paper 

file folders, as defined in the scope, 

constitute a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.14

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided the 2023 total 

shipment values of the domestic like 

product for U.S. producers that support 

the Petitions and compared this to the 

estimated total shipment values of the 

domestic like product for the entire 

domestic industry.15 Because total 

industry production data for the 

domestic like product for 2023 are not 

reasonably available to the petitioner, 

and the petitioner has established that 

shipments are a reasonable proxy for 

production data.16 We relied on the data 

provided by the petitioner for purposes 

of measuring industry support.17

Our review of the data provided in the 

Petitions, the General Issues 

Supplement, and other information 

readily available to Commerce indicates 

that the petitioner has established 

industry support for the Petitions.18

First, the Petitions established support 

from domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).19 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.20 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.21 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 732(b)(1) 

of the Act.22

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

the petitioner alleges that subject 

imports from Cambodia exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.23

With respect to Sri Lanka, while the 

allegedly dumped imports do not 

exceed the statutory requirements for 

negligibility,24 the petitioner alleges and 

provides supporting evidence that: (1) 

there is a reasonable indication that the 

data obtained in the ITC’s investigation 

will establish that imports exceed the 

negligibility threshold; 25 and (2) there is 

the potential that imports from Sri 

Lanka will imminently exceed the 

negligibility threshold and, therefore, 

are not negligible for purposes of a 

threat determination.26 The petitioner’s 

arguments regarding the limitations of 

publicly available import data and the 

collection of scope-specific import data 

in the ITC’s investigation are consistent 

with the SAA. Furthermore, the 

petitioner’s arguments regarding the 

potential for imports from Sri Lanka to 


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27See Attachment III of the Country-Specific AD 

Initiation Checklists. 

28 Id. 

29See Cambodia AD Initiation Checklist. 

30See Sri Lanka AD Initiation Checklist. 

31See Country-Specific AD Initiation Checklists. 

32 In accordance with section 773(b)(2) of the Act, 

for these investigations, Commerce will request 

information necessary to calculate the constructed 

value (CV) and COP to determine whether there are 

reasonable grounds to believe or suspect that sales 

of the foreign like product have been made at prices 

that represent less than the COP of the product. 

33See Country-Specific AD Initiation Checklists. 

34 Id. 

35 Id. 

36 Id. 

37 Id. 

38See Petitions at Volume I (page 18 and Exhibit 

I–18); see also General Issues Supplement at 1–2 

and Exhibit I–S1. 

39See Country-Specific Memoranda, ‘‘Release of 

U.S. Customs and Border Protection Entry Data,’’ 

dated November 7, 2024. 

imminently exceed the negligibility 

threshold are consistent with the 

statutory criteria for ‘‘negligibility in 

threat analysis’’ under section 

771(24)(A)(iv) of the Act, which 

provides that imports shall not be 

treated as negligible if there is a 

potential that subject imports from a 

country will imminently exceed the 

statutory requirements for negligibility. 

The petitioner contends that the 

industry’s injured condition is 

illustrated by the significant and 

increasing volume of subject imports; 

reduced market share; underselling and 

price depression and/or suppression; 

lost sales and revenues; and declines in 

the domestic industry’s production, U.S. 

shipments, net sales, and financial 

performance.27 We assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, causation, cumulation, 

as well as negligibility, and we have 

determined that these allegations are 

properly supported by adequate 

evidence and meet the statutory 

requirements for initiation.28

Allegations of Sales at LTFV 

The following is a description of the 

allegations of sales at LTFV upon which 

Commerce based its decision to initiate 

LTFV investigations of imports of paper 

file folders from Cambodia and Sri 

Lanka. The sources of data for the 

deductions and adjustments relating to 

U.S. price and normal value (NV) are 

discussed in greater detail in the 

Country-Specific AD Initiation 

Checklists. 

U.S. Price 

For Cambodia, the petitioner based 

export price (EP) on pricing information 

for paper file folders produced in 

Cambodia and sold or offered for sale in 

the U.S. market during the POI.29 For 

Sri Lanka, the petitioner based EP on 

the POI average unit value derived from 

official import statistics for imports of 

paper file folders from Sri Lanka.30 For 

each country, the petitioner made 

certain adjustments to U.S. price to 

calculate a net ex-factory U.S. price, 

where applicable.31

Normal Value 32

For Cambodia and Sri Lanka, the 

petitioner stated that it was unable to 

obtain home market or third-country 

prices for paper file folders in the 

respective countries to use as a basis for 

NV.33 Therefore, for both countries, the 

petitioner calculated NV based on CV. 

For further discussion of CV, see the 

section ‘‘Normal Value Based on 

Constructed Value.’’ 

Normal Value Based on Constructed 

Value 

As noted above, for Cambodia and Sri 

Lanka, the petitioner stated it was 

unable to obtain home market or thirdcountry prices for paper file folders to 

use as a basis for NV. Therefore, for both 

countries, the petitioner calculated NV 

based on CV. 

Pursuant to section 773(e) of the Act, 

the petitioner calculated CV as the sum 

of the cost of manufacturing, selling, 

general and administrative (SG&A) 

expenses, financial expenses, and 

profit.34 For both countries, in 

calculating the cost of manufacturing, 

the petitioner relied on the production 

experience and input consumption rates 

of a U.S. producer of paper file folders, 

valued using publicly available 

information applicable to the respective 

countries, where applicable.35 In 

calculating SG&A expenses, financial 

expenses, and profit ratios, the 

petitioner relied on the fiscal year 2023 

financial statements of producers of 

comparable merchandise domiciled in 

each country, respectively.36

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of paper file folders from 

Cambodia and Sri Lanka are being, or 

are likely to be, sold in the United States 

at LTFV. Based on comparisons of EP to 

NV in accordance with sections 772 and 

773 of the Act, the estimated dumping 

margins for paper file folders for each of 

the countries covered by this initiation 

are as follows: (1) Cambodia—127.58 to 

288.36 percent; and (2) Sri Lanka— 

23.57 to 91.28 percent.37

Initiation of LTFV Investigations 

Based upon the examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating LTFV investigations to 

determine whether imports of paper file 

folders from Cambodia and Sri Lanka 

are being, or are likely to be, sold in the 

United States at LTFV. In accordance 

with section 733(b)(1)(A) of the Act and 

19 CFR 351.205(b)(1), unless postponed, 

we will make our preliminary 

determinations no later than 140 days 

after the date of these initiations. 

Respondent Selection 

In the Petitions, the petitioner 

identified four companies in Cambodia 

and five companies in Sri Lanka as 

producers and/or exporters of paper file 

folders.38 Following standard practice 

in LTFV investigations involving market 

economy countries, in the event 

Commerce determines that the number 

of companies is large, and it cannot 

individually examine each company 

based upon Commerce’s resources, 

where appropriate, Commerce intends 

to select mandatory respondents based 

on U.S. Customs and Border Protection 

(CBP) data for imports under the 

appropriate Harmonized Tariff Schedule 

of the United States (HTSUS) 

subheading(s) listed in the ‘‘Scope of the 

Investigations,’’ in the appendix. 

On November 7, 2024, Commerce 

released CBP data on imports of paper 

file folders from Cambodia and Sri 

Lanka under administrative protective 

order (APO) to all parties with access to 

information protected by APO and 

indicated that interested parties wishing 

to comment on CBP data and/or 

respondent selection must do so within 

three business days of the publication 

date of the notice of initiation of these 

investigations.39 Comments must be 

filed electronically using ACCESS. An 

electronically filed document must be 

received successfully in its entirety via 

ACCESS by 5:00 p.m. ET on the 

specified deadline. Commerce will not 

accept rebuttal comments regarding the 

CBP data or respondent selection. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

https://www.trade.gov/administrativeprotective-orders. 

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions have been provided to 

the governments of Cambodia and Sri 

Lanka via ACCESS. To the extent 


ddrumheller on DSK120RN23PROD with NOTICES1
91326 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 

40See section 733(a) of the Act. 

41 Id. 

42See 19 CFR 351.301(b). 

43See 19 CFR 351.301(b)(2). 

44See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013) (Time Limits Final Rule), available at https:// 

www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013- 

22853.htm. 

45See 19 CFR 351.302; see also, e.g., Time Limits 

Final Rule. 

46See section 782(b) of the Act. 

47See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Additional information 

regarding the Final Rule is available at https://

access.trade.gov/Resources/filing/index.html. 

48See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 88 FR 67069 

(September 29, 2023). 

practicable, we will attempt to provide 

a copy of the public version of the 

Petitions to each exporter named in the 

Petitions, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that imports 

of paper file folders from Cambodia 

and/or Sri Lanka are materially injuring, 

or threatening material injury to, a U.S. 

industry.40 A negative ITC 

determination for any country will 

result in the investigation being 

terminated with respect to that 

country.41 Otherwise, these LTFV 

investigations will proceed according to 

statutory and regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 42 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.43 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in these 

investigations. 

Particular Market Situation Allegation 

Section 773(e) of the Act addresses 

the concept of particular market 

situation (PMS) for purposes of CV, 

stating that ‘‘if a particular market 

situation exists such that the cost of 

materials and fabrication or other 

processing of any kind does not 

accurately reflect the cost of production 

in the ordinary course of trade, the 

administering authority may use 

another calculation methodology under 

this subtitle or any other calculation 

methodology.’’ When an interested 

party submits a PMS allegation pursuant 

to section 773(e) of the Act (i.e., a costbased PMS allegation), the submission 

must be filed in accordance with the 

requirements of 19 CFR 351.416(b), and 

Commerce will respond to such a 

submission consistent with 19 CFR 

351.301(c)(2)(v). If Commerce finds that 

a cost-based PMS exists under section 

773(e) of the Act, then it will modify its 

dumping calculations appropriately. 

Neither section 773(e) of the Act, nor 

19 CFR 351.301(c)(2)(v), sets a deadline 

for the submission of cost-based PMS 

allegations and supporting factual 

information. However, in order to 

administer section 773(e) of the Act, 

Commerce must receive PMS allegations 

and supporting factual information with 

enough time to consider the submission. 

Thus, should an interested party wish to 

submit a cost-based PMS allegation and 

supporting new factual information 

pursuant to section 773(e) of the Act, it 

must do so no later than 20 days after 

submission of a respondent’s initial 

section D questionnaire response. 

We note that a PMS allegation filed 

pursuant to sections 773(a)(1)(B)(ii)(III) 

or 773(a)(1)(C)(iii) of the Act (i.e., a 

sales-based PMS allegation) must be 

filed within 10 days of submission of a 

respondent’s initial section B 

questionnaire response, in accordance 

with 19 CFR 351.301(c)(2)(i) and 

351.404(c)(2). 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301, 

or as otherwise specified by 

Commerce.44 For submissions that are 

due from multiple parties 

simultaneously, an extension request 

will be considered untimely if it is filed 

after 10:00 a.m. ET on the due date. 

Under certain circumstances, Commerce 

may elect to specify a different time 

limit by which extension requests will 

be considered untimely for submissions 

which are due from multiple parties 

simultaneously. In such a case, we will 

inform parties in a letter or 

memorandum of the deadline (including 

a specified time) by which extension 

requests must be filed to be considered 

timely. An extension request must be 

made in a separate, standalone 

submission; under limited 

circumstances we will grant untimely 

filed requests for the extension of time 

limits, where we determine, based on 19 

CFR 351.302, that extraordinary 

circumstances exist. Parties should 

review Commerce’s regulations 

concerning the extension of time limits 

and the Time Limits Final Rule prior to 

submitting factual information in these 

investigations.45

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.46

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).47 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letter of appearance). Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).48

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 


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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 91327 

1See Notice of Antidumping Duty Order: Circular 

Welded Carbon Quality Steel Pipe from the People’s 

Republic of China, 73 FR 42547 (July 22, 2008); see 

also Circular Welded Carbon Quality Steel Pipe 

from the People’s Republic of China: Notice of 

Amended Final Affirmative Countervailing Duty 

Determination and Notice of Countervailing Duty 

Order, 73 FR 42545 (July 22, 2008) (collectively, 

Orders). 

2See Domestic Interested Parties’ Letter, 

‘‘Circular Welded Carbon Quality Steel Pipe from 

the People’s Republic of China—Request for 

Circumvention Inquiry’’, dated July 9, 2024. 

3See Al Jazeera’s Letter, ‘‘Circular Welded 

Carbon-Quality Steel Pipe from the People’s 

Republic of China; Al Jazeera comments on 

petitioners’ request for anti-circumvention inquiry,’’ 

dated July 19, 2024. 

4See Domestic Interested Parties’ Letter, 

‘‘Circular Welded Carbon Quality Steel Pipe from 

the People’s Republic of China—Response and 

Rebuttal Factual Information Regarding Comments 

on Request for Circumvention Inquiry,’’ dated July 

29, 2024. 

5See Memorandum, ‘‘Circular Welded Carbon 

Quality Steel Pipe from the People’s Republic of 

China (A–570–910 and C–570–911): Extension of 

Time to Determine Whether to Initiate 

Circumvention Inquiry,’’ dated August 12, 2024. 

6See Commerce’s Letter, ‘‘Circumvention Request 

with Respect to the Antidumping Order and 

Countervailing Duty Order on Circular Welded 

Carbon Quality Steel Pipe from the People’s 

Republic of China: Request for Information,’’ dated 

August 28, 2024 (Request for Information). 

Dated: November 12, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Investigations 

The products within the scope of these 

investigations 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 the 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 of 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 these 

investigations is dispositive. 

[FR Doc. 2024–26889 Filed 11–18–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–910, C–570–911] 

Circular Welded Carbon Quality Steel 

Pipe From the People’s Republic of 

China: Initiation of Circumvention 

Inquiry on the Antidumping and 

Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to requests from 

Bull Moose Tube Company, Maruichi 

American Corporation, Wheatland Tube 

Company, and the United Steel, Paper 

and Forestry, Rubber, Manufacturing, 

Energy, Allied Industrial and Service 

Workers International Union, AFL–CIO, 

CLC (collectively, the domestic 

interested parties), the U.S. Department 

of Commerce (Commerce) is initiating a 

country-wide circumvention inquiry to 

determine whether circular welded 

carbon quality steel pipe (CWP) from 

the People’s Republic of China (China), 

which is completed in the Sultanate of 

Oman (Oman) from hot-rolled steel 

(HRS) produced in China, is 

circumventing the antidumping duty 

(AD) and countervailing duty (CVD) 

orders on CWP from China. 

DATES: Applicable November 19, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Krisha Hill, 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) 482–4037. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 9, 2024, pursuant to section 

781(b) of the Tariff Act of 1930, as 

amended (the Act), and 19 CFR 

351.226(i), the domestic interested 

parties filed circumvention inquiry 

requests alleging that CWP completed in 

Oman using HRS manufactured in 

China is circumventing the AD and CVD 

Orders 1 on CWP from China and, 

accordingly, should be included within 

the scope of the Orders.2 On July 19, 

2024, Al Jazeera Steel Products Co. 

SAOG (Al Jazeera), an Omani producer 

of CWP, filed comments in opposition 

to the domestic interested parties’ 

request.3 On July 29, 2024, the domestic 

interested parties filed rebuttal 

comments to Al Jazeera’s July 19, 2024 

comments.4

On August 12, 2024, we extended the 

deadline to initiate this circumvention 

inquiry by 30 days, in accordance with 

19 CFR 351.226(d)(1).5

On August 28, 2024, we issued a 

request for information questionnaire to 

the domestic interested parties.6 In the 

Request for Information, we clarified 

that we issued the request because we 

had found that the request to conduct 

the circumvention inquiry was 

insufficient for purposes of initiation, in 

accordance with 19 CFR 351.226(d)(1). 

Additionally, we clarified that 30-day 

time period for Commerce to consider 


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