Paper File Folders From Cambodia: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 22694-22696 [2025-09659]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Pages 22694-22696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09659]



[[Page 22694]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-555-005]


Paper File Folders From Cambodia: Preliminary Negative 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that paper file folders from Cambodia are not being, or are 
not likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is October 1, 2023, through 
September 30, 2024. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable May 29, 2025.

FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2517.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on November 
19, 2024.\1\ On February 24, 2025, Commerce postponed the preliminary 
determination of this investigation until May 21, 2025.\2\
---------------------------------------------------------------------------

    \1\ See Paper File Folders from Cambodia and Sri Lanka: 
Initiation of Less-Than-Fair-Value Investigations, 89 FR 91322 
(November 19, 2024) (Initiation Notice).
    \2\ See Paper File Folders from Cambodia and Sri Lanka: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 90 FR 10473 (February 24, 2025).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Negative Determination in the Less-Than-Fair-Value Investigation of 
Paper File Folders from Cambodia,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are paper file folders 
from Cambodia. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ we 
set aside a period of time for parties to raise issues regarding 
product coverage (i.e., scope).\5\ No interested party commented on the 
scope of the investigation as it appeared in the Initiation Notice. 
Commerce is not modifying the scope language as it appeared in the 
Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                    Weighted-
                                     average       Cash deposit rate
        Exporter/producer            dumping     (adjusted for subsidy
                                     margin       offset(s)) (percent)
                                    (percent)
------------------------------------------------------------------------
Three-Color Stone Stationery             0.00  Not Applicable.
 (Cambodia) Co., Ltd./Three-Color
 Stone Manufacture Limited \6\.
------------------------------------------------------------------------

    For this preliminary determination, Commerce calculated an 
estimated weighted-average dumping margin of zero for the only 
individually examined respondent, TCS. Consistent with section 
733(b)(3) of the Act, Commerce disregards zero rates and preliminarily 
determines that the single entity with a zero rate has not made sales 
of subject merchandise at LTFV.
---------------------------------------------------------------------------

    \6\ Three-Color Stone Stationery (Cambodia) Co., Ltd. submitted 
a response on behalf of itself and its affiliated reseller, Three-
Color Stone Manufacture Limited. Commerce preliminarily determines 
that it is apporpriate to treat these companies as a single entity. 
See Preliminary Decision Memorandum. We refer to the companies 
collectively as TCS.
---------------------------------------------------------------------------

    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters because it has not made an affirmative 
preliminary determination of sales at LTFV.

Critical Circumstances Allegation

    On May 7, 2025, the petitioner alleged that critical circumstances 
exist with respect to imports of paper file folders from Cambodia.\7\ 
Commerce issued a questionnaire to TCS, requesting information 
regarding exports of paper file folders from Cambodia to the United 
States.\8\ Section 733(e)(1) of the Act provides that Commerce, upon 
receipt of a timely-filed allegation of critical circumstances, will 
determine whether there is a reasonable basis to believe or suspect 
that: (A)(i) there is a history of dumping and material injury by 
reason of dumped imports in the United States or elsewhere of the 
subject merchandise; or (ii) the person by whom, or for whose account, 
the merchandise was imported knew or should have known that the 
exporter was selling the subject merchandise at LTFV and that there was 
likely to be material injury by reason of such sales; and (B) there 
have been massive imports of the subject merchandise over a relatively 
short period. However, as stated above, because Commerce preliminarily 
calculated a zero rate for the sole

[[Page 22695]]

mandatory respondent, TCS, the entity has not made sales of subject 
merchandise at LTFV. Therefore, pursuant to 19 CFR 351.204(e), the 
respondent will not be subject to provisional measures under sections 
703(d) or section 733(d) of the Act. Consequently, Commerce has not 
conducted a critical circumstances analysis for this preliminary 
determination.
---------------------------------------------------------------------------

    \7\ See Petitioner's Letter, ``Petitioner's Allegation of 
Critical Circumstances,'' dated May 7, 2025.
    \8\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated 
May 16, 2025.
---------------------------------------------------------------------------

Suspension of Liquidation

    Because Commerce has made a negative preliminary determination of 
sales at LTFV with regard to subject merchandise, Commerce will not 
direct U.S. Customs and Border Protection to suspend liquidation or to 
require a cash deposit of estimated antidumping duties for entries of 
paper file folders from Cambodia.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation.\9\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the date for 
filing case briefs. Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\10\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\11\ 
Further, we request that interested parties limit their executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\12\
---------------------------------------------------------------------------

    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) the party's name, address, and telephone number, (2) the number of 
participants, and whether any participant is a foreign national, and 
(3) a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a date and time to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On May 16, 2025, pursuant to 19 CFR 351.210(e), the petitioner and 
TCS requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\13\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is 
negative; (2) the petitioner has requested the postponement of the 
final determination; and (3) no compelling reasons for denial exist, 
Commerce is postponing the final determination. Because we have 
preliminarily determined that sales of subject merchandise are not 
being sold at LTFV, provisional measures are not being applied to 
imports of subject merchandise pursuant to section 733(d) of the Act. 
Accordingly, Commerce will make its final determination no later than 
135 days after the date of publication of this preliminary 
determination.
---------------------------------------------------------------------------

    \13\ See Petitioner's Letter, ``Petitioner's Request for 
Postponement of the Final Determinations,'' dated May 16, 2025; and 
TCS's Letter, ``TCS's Request to Postpone Final Determination,'' 
dated May 16, 2025.
---------------------------------------------------------------------------

U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine 75 days after the final determination whether imports of 
paper file folders from Cambodia are materially injuring, or threaten 
material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).


[[Page 22696]]


    Dated: May 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products within the scope of this investigation are file 
folders consisting primarily of paper, 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 the 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 of paperboard or pressboard encased entirely in plastic;
     binders consisting of a front cover, back cover, and 
spine, with or without a flap; to be excluded, a mechanism with two 
or more metal rings that must be included on or adjacent to the 
interior spine;
     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;
     folders that have an outer surface (other than the 
gusset, handles, and/or closing mechanisms, if any) 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), 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 investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2025-09659 Filed 5-28-25; 8:45 am]
BILLING CODE 3510-DS-P