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CSMS # 54010240 - Initiation of Antidumping Duty Investigations: Paper File Folders from China, India, and Vietnam
U.S. Customs and Border Protection sent this bulletin at 11/15/2022 04:43 PM EST
Cargo Systems Messaging Service
CSMS # 54010240 - Initiation of Antidumping Duty Investigations: Paper File Folders from China, India, and Vietnam
On November 1, 2022, the Department of Commerce (Commerce) initiated its less-than-fair-value duty investigations on “Paper File Folders from the People’s Republic of China (China), India, and the Socialist Republic of Vietnam (Vietnam)” (Initiation Notices). These investigations have been assigned the following case numbers: A-570-147 (China) A-552-834 (Vietnam) A-533-910 and C-533-911 (India).
The Scope of Merchandise covered by these investigations reads as follows:
The products within the scope of these investigations are file folders consisting primarily of p aper, 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:
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 from paperboard or pressboard encased entirely in plastic;
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;
expanding folders that have an outer surface (other than the gusset, handles, and/or closing mechanisms) 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, and other than the printing of numbers, letters, words, or logos, 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 the investigations is dispositive.
Requirements For Submitting Comments On The Scope Of The Investigations : Please be sure to comply with all three requirements established below.
Deadline for Submitting Comments:
As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate. If scope comments include factual information ( see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on November 21, 2022, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information , must be filed by 5:00 p.m. ET on December 1, 2022, which is 10 calendar days after the initial comment deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations identified above.
Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations indicates that with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance. The letter of appearance must be filed separately from any other document ( with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party ( e.g. , an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address. If you have an E-Filer account for Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), you may also enter your appearance by logging into ACCESS at https://access.trade.gov and clicking on “Manage Entry of Appearance” and then “Create New Entry of Appearance.”
All submissions to Commerce must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice. 1
For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:
ACCESS: Help Link
https://access.trade.gov/help.aspx
ACCESS: External User Guide https://access.trade.gov/help/ACCESS_User_Guide.pdf
ACCESS: Handbook on Electronic Filing Procedures
https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf
Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf
Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf
Enforcement and Compliance: General Filing Requirements https://enforcement.trade.gov/filing/index.html
Required Certifications
Please note that certification requirements are in effect for company / government officials as well as their representatives. In all segments of antidumping duty or countervailing duty proceedings, parties submitting factual information must adhere to 19 CFR 351.303(g) regarding the requirement to certify submissions of factual information .
Understanding Critical Circumstances for Antidumping and Countervailing Duties
Critical circumstances is a provision in both the antidumping and countervailing
duty (AD/CVD) laws that allows for the limited retroactive imposition of duties if certain conditions are met. Importers should be aware that entries of subject merchandise made after the initiation of an AD/CVD investigation may retroactively be subject to AD/CVD.
A finding of critical circumstances is an important tool for Commerce and the U.S. International Trade Commission (ITC) to offset possible import surges during the early period of an AD/CVD investigation. The petitioner in an AD/CVD investigation may allege critical circumstances during an investigation up to 21 days before the date of Commerce’s final determination. If Commerce makes a determination that critical circumstances exist, it has the statutory authority to order the retroactive suspension of liquidation and posting of a cash deposit for entries made before the issuance of a Preliminary and/or Final AD/CVD determination.
Commerce’s authority to suspend entries retroactively for AD/CVD is limited to those entries made on or after the later of: (1) 90 days before the effective date the suspension of liquidation was first ordered, or (2) the date on which the determination to initiate the investigation is published in the Federal Register. In either case, AD/CVD cash deposits are due on entries subject to critical circumstances determinations.
If, following a preliminary determination by Commerce that critical circumstances exist, both Commerce and the ITC reach a final affirmative determination of dumping or subsidization, but either agency makes a negative final determination of critical circumstances, Commerce will instruct U.S. Customs and Border Protection (CBP) to lift suspension from the entries made during the 90-day critical circumstances period and refund cash deposits made with respect to those entries. Interest is not payable on refunds of cash deposits at this stage in the AD/CVD case.
For Further Information Contact:
AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230:
Janae Martin at (202) 482-0238 (Antidumping Duty Investigation from China );
Jinny Ahn at (202) 482-0339 (Antidumping Duty Investigation from Vietnam );
Eric Hawkins or Sun Cho at (202) 482-1988 and (202) 482-6458 (Antidumping Duty Investigation from India );
Thomas Martin at (202) 482-3936 (Countervailing Duty Investigation from India)
Determinations related to these proceedings, issued by Commerce and the ITC, will be published in the Federal Register. Parties may also view Commerce’s public AD/CVD instructions to CBP in ACE and “ADD CVD Search” at https://aceservices.cbp.dhs.gov/adcvdweb .
For questions about CBP’s AD/CVD enforcement, see Priority Trade Issue: Antidumping and Countervailing Duties | U.S. Customs and Border Protection (cbp.gov)
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