[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Notices]
[Pages 65361-65363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26410]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-866]
Folding Gift Boxes From the People's Republic of China:
Preliminary Results of the Second Sunset Review of the Antidumping Duty
Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 2, 2012, the Department of Commerce (``the
Department'') initiated the second five-year (``sunset'') review of the
antidumping duty order on certain folding gift boxes \1\ from the
People's Republic of China (``PRC'') pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''). On the basis of a notice
of intent to participate and an
[[Page 65362]]
adequate substantive response filed on behalf of the domestic
interested parties, as well as a lack of response from respondent
interested parties, the Department determined to conduct an expedited
sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2). On July 23, 2012, the Department
reconsidered its determination to conduct an expedited sunset review of
the Order and determined instead to conduct a full sunset review of the
Order on folding gift boxes from the PRC.\2\ As a result of this sunset
review, the Department preliminarily finds that revocation of the Order
on folding gift boxes from the PRC would be likely to lead to
continuation or recurrence of dumping at the levels indicated in the
``Preliminary Results of Review'' section of this notice.
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\1\ See Notice of Antidumping Duty Order: Certain Folding Gift
Boxes From the People's Republic of China, 67 FR 864 (January 8,
2002) (``Order'').
\2\ See Memorandum titled ``Sunset Review of the Antidumping
Duty Order on Folding Gift Boxes from the People's Republic of
China: Adequacy Redetermination Memorandum,'' (July 23, 2012).
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DATES: Effective Date: October 26, 2012.
FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos; AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202-482-2623.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2012, the Department initiated the second sunset review
of the Order on folding gift boxes from the PRC, pursuant to section
751(c) of the Act.\3\ On May 2, 2012, pursuant to 19 CFR 351.218(d)(3),
The Folding Gift Boxes Fair Trade Coalition (``Domestic Parties''),\4\
filed a timely and adequate substantive response within 30 days after
the date of publication of the initiation notice.\5\ The Department did
not receive a substantive response from any respondent interested
party. However, because the issues that the Department must analyze
pursuant to the Final Modification for Reviews \6\ are complex, we
determined that this sunset review is extraordinarily complicated,
pursuant to section 75l(c)(5)(C) of the Act. As a result, the
Department is conducting a full sunset review of the Order on folding
gift boxes from the PRC.
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\3\ See Initiation of Second (``Sunset'') Review, 77 FR 19643
(April 2, 2012).
\4\ The Folding Gift Boxes Fair Trade Coalition is comprised of
Harvard Folding Gift Box Company, Inc. and Graphic Packaging
International, Inc., both U.S. producers of folding gift boxes.
\5\ See Substantive Response of the Domestic Parties (May 2,
2012).
\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Modification for Reviews'').
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Scope of the Order
The products covered by the order are certain folding gift boxes.
Folding gift boxes are a type of folding or knock-down carton
manufactured from paper or paperboard. Folding gift boxes are produced
from a variety of recycled and virgin paper or paperboard materials,
including, but not limited to, clay-coated paper or paperboard and
kraft (bleached or unbleached) paper or paperboard. The scope of the
order excludes gift boxes manufactured from paper or paperboard of a
thickness of more than 0.8 millimeters, corrugated paperboard, or paper
mache. The scope also excludes those gift boxes for which no side of
the box, when assembled, is at least nine inches in length.
Folding gift boxes included in the scope are typically decorated
with a holiday motif using various processes, including printing,
embossing, debossing, and foil stamping, but may also be plain white or
printed with a single color. The subject merchandise includes folding
gift boxes, with or without handles, whether finished or unfinished,
and whether in one-piece or multi-piece configuration. One-piece gift
boxes are die-cut or otherwise formed so that the top, bottom, and
sides form a single, contiguous unit. Two-piece gift boxes are those
with a folded bottom and a folded top as separate pieces. Folding gift
boxes are generally packaged in shrink-wrap, cellophane, or other
packaging materials, in single or multi-box packs for sale to the
retail customer. The scope excludes folding gift boxes that have a
retailer's name, logo, trademark or similar company information printed
prominently on the box's top exterior (such folding gift boxes are
often known as ``not-for-resale'' gift boxes or ``give-away'' gift
boxes and may be provided by department and specialty stores at no
charge to their retail customers). The scope of the order also excludes
folding gift boxes where both the outside of the box is a single color
and the box is not packaged in shrink-wrap, cellophane, other resin-
based packaging films, or paperboard.
Imports of the subject merchandise are classified under Harmonized
Tariff Schedules of the United States (``HTSUS'') subheadings
4819.20.0040 and 4819.50.4060. These subheadings also cover products
that are outside the scope of the order. Furthermore, although the
HTSUS subheadings are provided for convenience and customs purposes,
our written description of the scope of the order is dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review is
addressed in the accompanying Issues and Decision Memorandum.\7\ The
issues discussed in the accompanying Preliminary Decision Memorandum
include the likelihood of continuation or recurrence of dumping and the
magnitude of the dumping margin likely to prevail if the Order is
revoked. Parties may find a complete discussion of all issues raised in
the review and the corresponding recommendations in this public
memorandum which is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Services
System (``IA ACCESS''). Access to IA ACCESS is available to registered
users at http://iaaccess.trade.gov and in the Central Records Unit room
7046 of the main Commerce building. In addition, a complete version of
the Preliminary Decision Memorandum can be accessed directly on the Web
at http://ia.ita.doc.gov/frn. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\7\ See the ``Issues and Decision Memorandum for the Preliminary
Results of the Second Sunset Review of the Antidumping Duty Order on
Folding Gift Boxes From the People's Republic of China'', dated
concurrently with this notice (``Preliminary Decision Memorandum'').
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Preliminary Results of Sunset Review
Pursuant to section 751(c) of the Act, the Department preliminarily
determines that revocation of the Order on folding gift boxes would
likely lead to continuation or recurrence of dumping at the following
weighted-average percentage margin:
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\8\ Max Fortune Industrial Ltd. was excluded from the order. See
Order.
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Weighted-average margin
Exporters (percent)
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All producers and exporters \8\........... Above de minimis.
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Interested parties may submit case briefs no later than 50 days
after the date of publication of the preliminary results of this full
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Any
interested party may request a hearing within 30 days of publication of
this notice in accordance with 19 CFR 351.310(c). Rebuttal briefs,
[[Page 65363]]
which must be limited to issues raised in the case briefs, may be filed
not later than the five days after the time limit for filing case
briefs in accordance with 19 CFR 351.309(d).
A hearing, if requested, will be held two days after the date the
rebuttal briefs are due. The Department will issue a notice of final
results of this full sunset review, which will include the results of
its analysis of issues raised in any such comments, no later than
February 26, 2012.\9\
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\9\ See Folding Gift Boxes From the People's Republic of China:
Extension of Time Limits for Preliminary and Final Results of Second
Antidumping Duty Sunset Review, 77 FR 45337 (July 31, 2012).
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Notification Regarding Administrative Protective Order
This notice also serves as a preliminary reminder to parties
subject to administrative protective order (``APO'') of their
responsibility concerning the return or destruction of proprietary
information disclosed under APO in accordance with 19 CFR 351.305.
Timely notification of the 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.
We are issuing and publishing these preliminary results and notice
in accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: October 19, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-26410 Filed 10-25-12; 8:45 am]
BILLING CODE 3510-DS-P