[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71321-71323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24830]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-848, C-533-849]
Commodity Matchbooks From India: Continuation of Antidumping and
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) and countervailing duty (CVD)
orders on commodity matchbooks (matchbooks) from India would likely
lead to continuation or recurrence of dumping, countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable November 9, 2020.
FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations,
Enforcement and Compliance,
[[Page 71322]]
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4798.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2009, Commerce published the AD and CVD orders on
matchbooks from India.\1\ On March 2, 2020, the ITC instituted,\2\ and
Commerce initiated,\3\ the second five-year (sunset) reviews of these
AD and CVD orders, pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act). As a result of its reviews, Commerce
determined that revocation of the Orders would be likely to lead to
continuation or recurrence of dumping and countervailable subsidies
and, therefore, notified the ITC of the magnitude of the margins and
net subsidy rates likely to prevail should the Orders be revoked.\4\ On
November 3, 2020, the ITC published its determinations, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
---------------------------------------------------------------------------
\1\ See Commodity Matchbooks from India: Antidumping Duty Order,
74 FR 65737 (December 11, 2009); see also Commodity Matchbooks from
India: Countervailing Duty Order, 74 FR 65740 (December 11, 2009)
(collectively, Orders).
\2\ See Commodity Matchbooks from India; Institution of Five-
Year Reviews, 85 FR 12334 (March 2, 2020).
\3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 12253
(March 2, 2020).
\4\ See Commodity Matchbooks from India: Final Results of the
Expedited Second Sunset Review of the Antidumping Duty Order, 85 FR
36834 (June 18, 2020), and accompanying Issues and Decision
Memorandum (IDM); see also Commodity Matchbooks from India: Final
Results of the Second Expedited Sunset Review of the Countervailing
Duty Order, 85 FR 41558 (July 10, 2020), and accompanying IDM.
\5\ See Commodity Matchbooks from India (Inv. Nos. 701-TA-459
and 731-TA-1155 (Review)), 85 FR 69643 (November 3, 2020); see also
Commodity Matchbooks from India (Inv. Nos. 701-TA-512 and 731-TA-
1248 (Review)), USITC Pub. 5131 (October 2020).
---------------------------------------------------------------------------
Scope of the Orders
The scope of the Orders covers commodity matchbooks, also known as
commodity book matches, paper matches or booklet matches.\6\ 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.
---------------------------------------------------------------------------
\6\ Such 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.
---------------------------------------------------------------------------
Commodity matchbooks included in the scope of these Orders 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 these orders. 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 these Orders 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 characteristic of having the name and/or logo of a bar,
restaurant, resort, hotel, club, caf[eacute]/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.\7\ 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.
---------------------------------------------------------------------------
\7\ The 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, caf[eacute]/coffee
shop, grill, pub, eatery, lounge, casino, barbecue, or individual
establishment prominently displayed on the matchbook cover, it is
promotional.
---------------------------------------------------------------------------
The merchandise subject to these Orders 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 scope of these Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping and countervailable subsidies and of material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the
continuation of the Orders. U.S. Customs and Border Protection will
continue to collect AD and CVD cash deposits at the rates in effect at
the time of entry for all imports of subject merchandise. The effective
date of the continuation of the Orders will be the date of publication
in the Federal Register of this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends
to initiate the next five-year review of the Orders not later than 30
days prior to the fifth anniversary of the effective date of
continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) of the Act and published in accordance with
section 777(i) of the Act, and 19 CFR 351.218(f)(4). Note that Commerce
has modified certain of its requirements for serving documents
[[Page 71323]]
containing business proprietary information, until further notice.\8\
---------------------------------------------------------------------------
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
Dated: November 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-24830 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P