[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Notices]
[Page 65737-65739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de09-25]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-848]
Commodity Matchbooks from India: Antidumping 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 International Trade Commission (the
ITC), the Department is issuing an antidumping duty order on commodity
matchbooks from India. On December 4, 2009, the ITC notified the
Department of its affirmative determination of material injury to a
U.S. industry.
EFFECTIVE DATE: December 11, 2009.
FOR FURTHER INFORMATION CONTACT: Holly Phelps or Elizabeth Eastwood,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0656 and (202) 482-3874, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 22, 2009, the Department published its affirmative final
determination of sales at less-than-fair-value in the antidumping duty
investigation of commodity matchbooks from India. See Notice of Final
Determination of Sales at Less Than Fair Value: Commodity Matchbooks
from India, 74 FR 54536 (Oct. 22, 2009).
On December 4, 2009, the ITC notified the Department of its final
determination pursuant to section 735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in the United States is materially
injured by reason of less-than-fair-value imports of commodity
matchbooks from India. See section 735(b)(1)(A)(i) of the Act.
Scope of the Order
The scope of this order includes 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 order.
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 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
[[Page 65738]]
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 covered by the order is dispositive.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months except
where exporters representing a significant proportion of exports of the
subject merchandise request the Department to extend that four-month
period to no more than six months. At the request of the exporters that
accounted for a significant proportion of exports of the subject
merchandise in the investigations of commodity matchbooks from India,
we extended the four-month period to no more than six months. See
Commodity Matchbooks from India: Notice of Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final Determination,
74 FR 26366 (June 2, 2009) (Preliminary Determination).
In this investigation, the six-month period beginning on the date
of the publication of the preliminary determination (i.e., June 2,
2009) ended on November 29, 2009. Furthermore, section 737 of the Act
states that definitive duties are to begin on the date of publication
of the ITC's final injury determination. Therefore, in accordance with
section 733(d) of the Act, we will instruct U.S. Customs and Border
Protection (CBP) to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of commodity matchbooks from India entered, or withdrawn from
warehouse, for consumption on or after November 29, 2009, and before
the date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation will resume on or after the
date of publication of the ITC's final injury determination in the
Federal Register.
Antidumping Duty Order
On December 4, 2009, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determination that an
industry in the United States is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value
imports of commodity matchbooks from India. Therefore, in accordance
with section 736(a)(1) of the Act, the Department will direct CBP to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the U.S. price of the merchandise for all relevant entries of
commodity matchbooks from India. These antidumping duties will be
assessed on all unliquidated entries of commodity matchbooks from India
entered, or withdrawn from warehouse, for consumption on or after June
2, 2009, the date on which the Department published its notice of
preliminary determination in the Federal Register, but prior to
November 29, 2009. See Preliminary Determination, 74 FR at 26366.
On or after the date of publication of the ITC's notice of final
determination in the Federal Register, CBP will require, pursuant to
section 736(a)(3) of the Act, at the same time as importers would
normally deposit estimated duties on this merchandise, a cash deposit
for the subject merchandise equal to the estimated weighted-average
antidumping margins listed below, adjusted for export subsidies found
in the final determination of the companion countervailing duty
investigation of this merchandise. Specifically, for cash deposit
purposes, we are subtracting from the applicable cash deposit rate that
portion of the rate attributable to the export subsidies found in the
affirmative countervailing duty determination for each respondent
(i.e., 9.88 percent for Triveni, and 9.88 percent for ``All Others'').
The weighted-average margins and cash deposit rates are as follows:
------------------------------------------------------------------------
Weighted-average Cash deposit rate
Producer or exporter margin (percent) (percent)
------------------------------------------------------------------------
Triveni Safety Matches Pvt. Ltd. 66.07 56.19
All Others...................... 66.07 56.19
------------------------------------------------------------------------
[[Page 65739]]
The ``All Others'' rate applies to all entries of the subject
merchandise except for entries from the company identified individually
above.
This notice constitutes the antidumping duty orders with respect to
commodity matchbooks from India, pursuant to section 736(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 antidumping duty orders currently in effect.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. E9-29572 Filed 12-10-09; 8:45 am]
BILLING CODE 3510-DS-S