Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 54547 

1Such commodity matchbooks are also referred 

to as ‘‘for resale’’ because they always enter into 

retail channels, meaning businesses that sell a 

general variety of tangible merchandise, e.g., 

convenience stores, supermarkets, dollar stores, 

drug stores and mass merchandisers. 

include, but are not limited to: ASTM A194, 

ASTM A307, ASTM A325, ASTM A325M, 

ASTM A354, ASTM A449, ASTM A490, 

ASTM A563, ASTM F568M, ASTM F1852, 

ASTM F2280, SAE J429, SAE J1199, ISO 

898–1, ISO 898–2, ISO 4759–1, ISO 8992, 

and comparable foreign and domestic 

specifications (including, but not limited to, 

metric versions of specifications such as 

those listed above). 

Excluded from the scope of the 

investigation are bolts, cap screws, and nuts 

produced for an original equipment 

manufacturer (OEM) part number specific to 

any ‘‘automobile’’ as defined in 49 U.S.C. 

Section 32901(a)(3), any ‘‘work truck’’ as 

defined in 49 U.S.C. Section 32901(a) (19), or 

any ‘‘medium-duty passenger vehicle’’ as 

defined in 40 C.F.R. Section 86.1803–01 

(2009). 

Also excluded from the scope of the 

investigation are bolts, cap screws, and nuts 

produced for an OEM part number specific 

to any ‘‘aircraft’’ as defined in 14 CFR 1.1 

(2009). 

Also excluded from the scope of the 

investigation are track bolts. Track bolts have 

a circular, rounded head and a shank which, 

immediately beneath the head, possesses an 

oval or elliptical shape, such that the nonround shape would restrict rotational 

movement of the bolt. Also excluded from 

the scope of the investigation are carriage 

bolts. Carriage bolts have a circular, rounded 

head and a shank which, immediately 

beneath the head, possesses a non-round 

shape (e.g., square, finned), such that the 

non-round shape would restrict rotational 

movement of the bolt. Also excluded from 

the scope of the investigation are socket 

screws. Socket screws have a head with a 

recessed cavity into which a shaped bit may 

be inserted to turn and drive the fastener. 

Unless explicitly excluded from the scope 

of the investigation, bolts, cap screws, and 

nuts meeting the description of subject 

merchandise are covered by the 

investigation. 

Merchandise covered by the investigation 

is classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) under 

subheadings: 7318.15.2030, 7318.15.2055, 

7318.15.2065, 7318.15.8065, 7318.15.8085, 

and 7318.16.0085. Although the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the merchandise under the 

investigation is dispositive. 

[FR Doc. E9–25197 Filed 10–21–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–849] 

Commodity Matchbooks From India: 

Final Affirmative Countervailing Duty 

Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

SUMMARY: The Department of Commerce 

(the Department) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

commodity matchbooks from India. For 

information on the estimated subsidy 

rates, see the ‘‘Suspension of 

Liquidation’’ section of this notice. 

EFFECTIVE DATE: October 22, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sean Carey or Dana Mermelstein, AD/ 

CVD Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–3964 and (202) 

482–1391, respectively. 

SUPPLEMENTARY INFORMATION: 

Period of Investigation 

The period for which we are 

measuring subsidies, i.e., the period of 

investigation (POI), is January 1, 2007 

through December 31, 2007. 

Case History 

The following events have occurred 

since the publication of the 

Department’s preliminary determination 

in the Federal Register. See Commodity 

Matchbooks from India: Preliminary 

Affirmative Countervailing Duty 

Determination and Alignment of Final 

Countervailing Duty Determination with 

Final Antidumping Duty Determination, 

74 FR 15444 (April 6, 2009). The 

Department conducted a verification of 

the Government of India’s (GOI) 

questionnaire responses regarding the 

administration of the Export Promotion 

Capital Goods Scheme (EPCGS) on May 

4, 2009, in New Delhi, India. See 

Memorandum to Dana Mermelstein, 

Program Manager for AD/CVD 

Operations, Office 6, from Sean Carey, 

Case Analyst, AD/CVD Operations, 

Office 6, ‘‘Verification of the 

Questionnaire Responses Submitted by 

the Government of India,’’ dated August 

7, 2009. On May 5 through 8, 2009, the 

Department verified the information 

submitted by the sole respondent in this 

investigation, Triveni Safety Matches 

Pvt. Ltd. (Triveni), at its corporate 

headquarters in Mumbai, India. See 

Memorandum to Dana Mermelstein, 

Program Manager for AD/CVD 

Operations, Office 6, from Sean Carey, 

Case Analyst, AD/CVD Operations, 

Office 6, ‘‘Verification of the 

Questionnaire Responses Submitted by 

Triveni Safety Matches Pvt. Ltd.,’’ dated 

August 7, 2009. The Department 

released its briefing schedule on August 

7, 2009, notifying all parties of the 

deadlines for submission of case and 

rebuttal briefs. No case briefs were filed 

by any of the interested parties. The 

memoranda cited above are available at 

the Department’s Central Records Unit 

(Room 1117 in the HCHB Building) 

(hereafter referred to as ‘‘CRU’’). 

Scope of the Investigation 

The scope of this investigation covers 

commodity matchbooks, also known as 

commodity book matches, paper 

matches or booklet matches.1

Commodity matchbooks typically, but 

do not necessarily, consist of twenty 

match stems which are usually made 

from paperboard or similar material 

tipped with a match head composed of 

any chemical formula. The match stems 

may be stitched, stapled or otherwise 

fastened into a matchbook cover of any 

material, on which a striking strip 

composed of any chemical formula has 

been applied to assist in the ignition 

process. 

Commodity matchbooks included in 

the scope of this investigation may or 

may not contain printing. For example, 

they may have no printing other than 

the identification of the manufacturer or 

importer. Commodity matchbooks may 

also be printed with a generic message 

such as ‘‘Thank You’’ or a generic image 

such as the American Flag, with store 

brands (e.g., Kroger, 7–Eleven, Shurfine 

or Giant); product brands for national or 

regional advertisers such as cigarettes or 

alcoholic beverages; or with corporate 

brands for national or regional 

distributors (e.g., Penley Corp. or 

Diamond Brands). They all enter retail 

distribution channels. Regardless of the 

materials used for the stems of the 

matches and regardless of the way the 

match stems are fastened to the 

matchbook cover, all commodity 

matchbooks are included in the scope of 

this investigation. All matchbooks, 

including commodity matchbooks, 

typically comply with the United States 

Consumer Product Safety Commission 

(CPSC) Safety Standard for Matchbooks, 

codified at 16 CFR § 1202.1 et seq. 

The scope of this investigation 

excludes promotional matchbooks, often 

referred to as ‘‘not for resale,’’ or 

‘‘specialty advertising’’ matchbooks, as 

they do not enter into retail channels 

and are sold to businesses that provide 

hospitality, dining, drinking or 

entertainment services to their 

customers, and are given away by these 

businesses as promotional items. Such 

promotional matchbooks are 

distinguished by the physical 


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54548 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 

2The gross distinctions between commodity 

matchbooks and promotional matchbooks may be 

summarized as follows: (1) if it has no printing, or 

is printed with a generic message such as ‘‘Thank 

You’’ or a generic image such as the American Flag, 

or printed with national or regional store brands or 

corporate brands, it is commodity; (2) if it has 

printing, and the printing includes the name of a 

bar, restaurant, resort, hotel, club, cafe ́/coffee shop, 

grill, pub, eatery, lounge, casino, barbecue, or 

individual establishment prominently displayed on 

the matchbook cover, it is promotional. 

characteristic of having the name and/ 

or logo of a bar, restaurant, resort, hotel, 

club, cafe ́/coffee shop, grill, pub, eatery, 

lounge, casino, barbecue or individual 

establishment printed prominently on 

the matchbook cover. Promotional 

matchbook cover printing also typically 

includes the address and the phone 

number of the business or establishment 

being promoted.2 Also excluded are all 

other matches that are not fastened into 

a matchbook cover such as wooden 

matches, stick matches, box matches, 

kitchen matches, pocket matches, penny 

matches, household matches, strike– 

anywhere matches (aka ‘‘SAW’’ 

matches), strike–on-box matches (aka 

‘‘SOB’’ matches), fireplace matches, 

barbeque/grill matches, fire starters, and 

wax matches. 

The merchandise subject to this 

investigation is properly classified 

under subheading 3605.00.0060 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). Subject 

merchandise may also enter under 

subheading 3605.00.0030 of the HTSUS. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

merchandise under investigation is 

dispositive. 

Injury Test 

Because India is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Tariff 

Act of 1930, as amended (the Act), the 

International Trade Commission (ITC) is 

required to determine, pursuant to 

section 701(a)(2) of the Act, whether 

imports of the subject merchandise from 

India materially injure, or threaten 

material injury to, a United States 

industry. On December 19, 2008, the 

ITC published its preliminary 

determination that there is a reasonable 

indication that an industry in the 

United States is materially injured by 

reason of allegedly subsidized imports 

from the PRC of subject merchandise. 

See Commodity Matchbooks from India; 

Determinations, 73 FR 77840 (December 

19, 2008); and Commodity Matchbooks 

from India (Preliminary), USITC Pub. 

4054, Inv. Nos. 701–TA–459 and 731– 

TA 1155 (December 2008). 

Analysis of Programs 

A complete description and 

discussion of the programs that the 

Department investigated are addressed 

in the Issues and Decision 

Memorandum for the Final Affirmative 

Countervailing Duty Determination: 

Commodity Matchbooks from India, 

from John M. Andersen, Acting Deputy 

Assistant Secretary, to Ronald K. 

Lorentzen, Acting Assistant Secretary, 

dated October 15, 2009 (‘‘Issues and 

Decision Memorandum’’). Modifications 

to the calculations based on verification 

are also discussed in this memorandum. 

Parties can find this public 

memorandum in the Department’s CRU. 

In addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly on the internet at 

http://ia.ita.doc.gov/frn/index.html. The 

paper copy and electronic version of the 

Issues and Decision Memorandum are 

identical in content. 

Suspension of Liquidation 

In accordance with section 

705(c)(1)(B)(i)(I) of the Act, we have 

calculated an individual subsidy rate for 

the company under investigation, 

Triveni, below. Section 705(c)(5)(A)(i) of 

the Act states that for companies not 

investigated, we will determine an all 

others rate equal to the weighted 

average countervailable subsidy rates 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis countervailable 

subsidy rates, and any rates determined 

entirely under section 776 of the Act. As 

Triveni was the only exporter/ 

manufacturer under investigation, the 

all others rate is based on Triveni’s total 

subsidy rate calculated for this final 

determination. 

Exporter/Manufacturer Net Subsidy Rate 

Triveni Safety Matches 

Pvt. Limited ............... 9.88% 

All Others ...................... 9.88% 

In accordance with section 703(d) of 

the Act, we instructed U.S. Customs and 

Border Protection to discontinue the 

suspension of liquidation for 

countervailing duty purposes for subject 

merchandise entered on or after August 

4, 2009, but to continue the suspension 

of liquidation of entries made from 

April 6, 2009 through August 3, 2009. 

We will issue a countervailing duty 

order and reinstate the suspension of 

liquidation under section 706(a) of the 

Act if the ITC issues a final affirmative 

injury determination, and we will 

require a cash deposit of estimated 

countervailing duties for such entries of 

merchandise in the amounts indicated 

above. 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, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all non– 

privileged and nonproprietary 

information related to this investigation. 

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 

Import Administration. 

Return or Destruction of Proprietary 

Information 

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 

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. 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act. 

Dated: October 15, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–25445 Filed 10–21–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 070827327–7327–01] 

RIN 0648–XS21 

Fisheries of the Northeastern United 

States; Atlantic Surfclam and Ocean 

Quahog Fisheries; Notice that Vendor 

Will Provide Year 2010 Cage Tags 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 


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