[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Notices]
[Page 65740-65741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de09-27]
[[Page 65740]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-849]
Commodity Matchbooks from India: Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the U.S. International Trade Commission
(ITC), the Department is issuing a countervailing duty order on
commodity matchbooks from India.
EFFECTIVE DATE: December 11, 2009.
FOR FURTHER INFORMATION CONTACT: Andrew Huston or Dana Mermelstein, AD/
CVD Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4261 and (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on October 22, 2009, the Department published its
final determination in the countervailing duty investigation of
commodity matchbooks from India. See Commodity Matchbooks From India:
Final Affirmative Countervailing Duty Determination, 74 FR 54547
(October 22, 2009). On December 4, 2009, the ITC notified the
Department of its final determination, pursuant to section
705(b)(1)(A)(i) of the Act, that an industry in the United States is
materially injured by reason of subsidized imports of subject
merchandise from India. See Commodity Matchbooks from India, USITC Pub.
4090, Investigation Nos. 701-TA-459 and 731-TA-1155 (Final) (November
2009).
Scope of the Order
The scope of this order 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.
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\1\ 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.
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Commodity matchbooks included in the scope of this order 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 Sec. 1202.1 et seq.
The scope of this order 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.\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.
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\2\ 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.
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The merchandise subject to this order 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 subject to this order is dispositive.
Countervailing Duty Order
On December 4, 2009, the ITC notified the Department of its final
determination, made pursuant to section 705(b)(1)(A)(i) of the Act,
that an industry in the United States is materially injured as a result
of subsidized imports of commodity matchbooks from India. As a result
of the ITC's final determination, in accordance with section 706(a) of
the Act, the Department will direct U.S. Customs and Border Protection
(CBP) to assess, upon further instruction by the Department,
countervailing duties on all unliquidated entries of commodity
matchbooks from India entered, or withdrawn from warehouse, for
consumption on or after April 6, 2009, the date on which the Department
published its preliminary affirmative countervailing duty determination
in the Federal Register \3\, and before August 4, 2009, the date on
which the Department instructed CBP to discontinue the suspension of
liquidation in accordance with section 703(d) of the Act. Section
703(d) of the Act states that the suspension of liquidation pursuant to
a preliminary countervailing duty determination may not remain in
effect for more than four months. Entries of commodity matchbooks made
on or after August 4, 2009, and prior to the date of publication of the
ITC's final determination in the Federal Register, are not liable for
the assessment of countervailing duties, due to the
[[Page 65741]]
Department's discontinuation, effective August 4, 2009, of the
suspension of liquidation.
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\3\ 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).
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In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute the suspension of liquidation for commodity
matchbooks from India, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further advice by the Department, pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in the amount of the net countervailable subsidy rates for
the subject merchandise. On or after the date of publication of the
ITC's final injury determination in the Federal Register, CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below:
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Exporter/Manufacturer Net Subsidy Rate
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Triveni Safety Matches Pvt. Limited................. 9.88[percnt]
All Others.......................................... 9.88[percnt]
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This notice constitutes the countervailing duty order with respect
to commodity matchbooks from India pursuant to section 706(a) of the
Act. Interested parties may contact the Department's Central Records
Unit, Room 1117 of the main Commerce building, for copies of an updated
list of countervailing duty orders currently in effect.
This countervailing duty order is issued and published in
accordance with sections 705(c)(2), 706(a) and 777(i)(1) of the Act,
and 19 CFR 351.211.
Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29571 Filed 12-10-09; 8:45 am]
BILLING CODE 3510-DS-S