Notice2023-13521
Certain Paper Shopping Bags From India and the People's Republic of China: Initiation of Countervailing Duty Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 26, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 121 (Monday, June 26, 2023)</title>
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[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41380-41384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13521]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-918; C-570-153]
Certain Paper Shopping Bags From India and the People's Republic
of China: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 20, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Kebker (India) and Seth Brown
(the People's Republic of China (China)), AD/CVD Operations, Offices IV
and IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2254 or (202) 482-0029, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On May 31, 2023, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
certain paper shopping bags (paper bags) from China and India filed in
proper form on behalf of the Coalition for Fair Trade in Shopping Bags
(the petitioner).\1\ The CVD petitions were accompanied by antidumping
duty (AD) petitions concerning imports of paper bags from Cambodia,
China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of
Turkey, and the Socialist Republic of Vietnam.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Paper
Shopping Bags from Cambodia, China, Colombia, India, Malaysia,
Portugal, Taiwan, Turkey, and Vietnam,'' dated May 31, 2023
(Petitions). The members of the Coalition for Fair Trade in Shopping
Bags include Novolex Holdings, LLC (Novolex) and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union (USW) (collectively, the
petitioner).
\2\ Id.
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On June 2, 5, 6, and 13, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ On June
8, 9, and 15, 2023, the petitioner filed timely responses to these
requests for additional information.\4\
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\3\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Paper
Shopping Bags from Cambodia, the People's Republic of China,
Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey,
and the Socialist Republic of Vietnam: Supplemental Questions,''
dated June 2, 2023 (General Issues Questionnaire); ``Petition for
the Imposition of Countervailing Duties on Imports of Certain Paper
Shopping Bags from the People's Republic of China: Supplemental
Questions,'' dated June 5, 2023; and ``Petition for the Imposition
of Countervailing Duties on Imports of Certain Paper Shopping Bags
from India: Supplemental Questions,'' dated June 6, 2023; see also
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated
June 13, 2023 (June 13, 2023, Memorandum).
\4\ See Petitioner's Letters, ``Certain Paper Shopping Bags from
Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan,
Turkey, and Vietnam: Response of Petitioner to Volume I Supplemental
Questionnaire,'' dated June 8, 2023 (First General Issues
Supplement); ``Countervailing Duties on Imports of Certain Paper
Shopping Bags from China: Response of Petitioner to Volume XI
Supplemental Questionnaire,'' dated June 9, 2023; ``Countervailing
Duties on Imports of Certain Paper Shopping Bags from India:
Response of Petitioner to Volume XII Supplemental Questionnaire,''
dated June 9, 2023; and ``Certain Paper Shopping Bags from Cambodia,
China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and
Vietnam: Response of Petitioner to Commerce's Second Supplemental
Questions Concerning Volumes I, VI, IX, and X,'' dated June 15, 2023
(Second General Issue Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) and the Government of India (GOI) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of paper bags in China and India, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing in the United States. Consistent with section
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating CVD investigations, the Petitions are
supported by information reasonably available to the petitioner.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(F) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigations.\6\
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\5\ See Petitions at Volume I (pages 2-3). The members of the
Coalition for Fair Trade in Shopping Bags (Novolex and the USW) are
interested parties, as defined in sections 771(9)(C) and (D) of the
Act, respectively.
\6\ See ``Determination of Industry Support for the Petitions''
section, infra.
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Periods of Investigation
Because the Petitions were filed on May 31, 2023, the periods of
investigation (POI) for China and India are January 1, 2022, through
December 31, 2022.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The product covered by these investigations is paper bags from
China and India. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on Scope of the Investigations
On June 2 and 13, 2023, Commerce requested information from the
petitioner regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\8\ On June 8 and 15,
2023, the petitioner provided
[[Page 41381]]
clarifications and revised the scope.\9\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\8\ See General Issues Questionnaire; see also June 13, 2023,
Memorandum at 2.
\9\ See First General Issues Supplement at 2-7 and Exhibit I-S5;
see also Second General Issues Supplement at 1 and Exhibit I-2S1.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\10\ Commerce will consider all scope comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on July 10,
2023, 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 July 20, 2023, which is ten calendar days from
the initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that the parties
consider relevant to the scope of the investigations be submitted
during that 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 scope
comments must also be filed on the record of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS), unless an
exception applies.\12\ An electronically filed document must be
received successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC and the GOI of the receipt of the Petitions and
provided each an opportunity for consultations with respect to the
Petitions.\13\ Commerce held consultations with the GOI on June 9,
2023.\14\ The GOC did not request consultations.
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\13\ See Commerce's Letters, ``Invitation for Consultations on
the China CVD Petition,'' dated June 1, 2023; and ``Countervailing
Duty Petition on Certain Paper Shopping Bags from India: Invitation
for Consultations to Discuss the Countervailing Duty Petition,''
dated June 2, 2023.
\14\ See Memorandum, ``Consultations with Officials from the
Government of India,'' dated June 9, 2023.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\17\ Based on our analysis of the information
submitted on the record, we have determined that paper bags, as defined
in the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\18\
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\17\ See Petitions at Volume I (pages 10-15 and Exhibits I-10
through I-12); see also First General Issues Supplement at 10.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Commerce's Initiation Checklists, ``Certain Paper Shopping Bags
from the People's Republic of China'' and ``Certain Paper Shopping
Bags from India,'' dated concurrently with this notice (Country-
Specific CVD Initiation Checklists), at Attachment II (Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Certain Paper Shopping Bags from Cambodia, the
People's Republic of China, Colombia, India, Malaysia, Portugal,
Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam). These checklists are on file electronically via ACCESS.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2022 production of paper bags for the U.S. producers that support the
Petitions and compared this to the estimated total 2022 production of
paper bags by the U.S. industry.\19\ We relied on data
[[Page 41382]]
provided by the petitioner for purposes of measuring industry
support.\20\
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\19\ See Petitions at Volume I (pages 4-5 and Exhibits I-2
through I-4); see also First General Issues Supplement at 7-9 and
Exhibits I-S6 through I-S8.
\20\ See Petitions at Volume I (pages 2-5 and Exhibits I-2
through I-4); see also First General Issues Supplement at 7-9 and
Exhibits I-S6 through I-S8; Petitioner's Letter, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Certain Paper Shopping Bags from Cambodia, China, Colombia, India,
Malaysia, Portugal, Taiwan, Turkey, and Vietnam--Industry Support
Calculation Revision,'' dated June 9, 2023 (Industry Support
Supplement), at Attachments A and B; and Second General Issues
Supplement at 2-3 and Exhibits I-2S2 through I-2S4. For further
discussion, see Attachment II of the Country-Specific CVD Initiation
Checklists.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Industry Support Supplement, the Second General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\21\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\22\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\23\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\24\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\25\
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\21\ See Petitions at Volume I (pages 2-5 and Exhibits I-1
through I-4); see also First General Issues Supplement at 7-9 and
Exhibits I-S6 through I-S8; Industry Support Supplement at 1-2 and
Attachments A and B; and Second General Issues Supplement at 2-3 and
Exhibits I-2S2 through I-2S4. For further discussion, see Attachment
II of the Country-Specific CVD Initiation Checklists.
\22\ See Attachment II of the Country-Specific CVD Initiation
Checklists; see also section 702(c)(4)(D) of the Act.
\23\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\24\ Id.
\25\ Id.
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Injury Test
Because China and India are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from China and/or
India materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China and India exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\26\
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\26\ See Petitions at Volume I (pages 18-19 and Exhibit I-15).
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; decline in the domestic
industry's production, capacity utilization, and U.S. commercial
shipments; and adverse impact on the domestic industry's profitability
and financial performance.\27\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\28\
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\27\ Id. at 16-31 and Exhibits I-6 and I-13 through I-18; see
also First General Issues Supplement at 10-12 and Exhibit I-S9.
\28\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Certain Paper Shopping Bags from Cambodia, the
People's Republic of China, Colombia, India, Malaysia, Portugal,
Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of paper bags from China and India benefit from
countervailable subsidies conferred by the GOC and GOI. In accordance
with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than 65
days after the date of these initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 17 of 18
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
China CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 12 of the 13
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
India CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
Respondent Selection
The petitioner identified 26 companies in China and 18 companies in
India as producers and/or exporters of paper bags.\29\ Commerce intends
to follow its standard practice in CVD investigations and calculate
company-specific subsidy rates in these investigations. In the event
that Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, Commerce intends to select mandatory respondents based on
quantity and value (Q&V) questionnaires issued to the potential
respondents. Commerce normally selects mandatory respondents in CVD
investigations using U.S. Customs and Border Protection (CBP) entry
data for U.S. imports under the appropriate Harmonized Tariff Schedule
of the United States (HTSUS) subheadings listed in the scope of the
investigations. However, for these investigations, the main HTSUS
subheadings under which the subject merchandise would enter
(4819.30.0040 and 4819.40.0040) are basket categories under which non-
subject merchandise may enter. Therefore, we cannot rely on CBP entry
data in selecting respondents. Instead, we intend to issue Q&V
questionnaires to each potential
[[Page 41383]]
respondent for which the petitioner has provided a complete address.
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\29\ See Petitions at Volume I (Exhibit I-7); see also First
General Issues Supplement at Exhibit I-S2.
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Exporters/producers of paper bags from China and India that do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain the Q&V questionnaire from E&C's
website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Responses
to the Q&V questionnaire must be submitted by the relevant Indian and
Chinese producers/exporters no later than 5:00 p.m. ET on July 5, 2023,
which is the next business day after two weeks from the signature date
of this notice.\30\ All Q&V responses must be filed electronically via
ACCESS. An electronically filed document must be received successfully,
in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline
noted above. Commerce intends to finalize its decision regarding
respondent selection within 20 days of publication of this notice.
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\30\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.''). Two weeks from the initiation of these
investigation is July 4, 2023, which is a Federal holiday.
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Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC and GOI via ACCESS. Furthermore, to the extent
practicable, Commerce will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of paper bags from China and/or India are
materially injuring, or threatening material injury to, a U.S.
industry.\31\ A negative ITC determination for either country will
result in the investigation being terminated with respect to that
country.\32\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\31\ See section 703(a)(1) of the Act.
\32\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \33\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\34\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\33\ See 19 CFR 351.301(b).
\34\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\35\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in these
investigations.\36\
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\35\ See 19 CFR 351.302.
\36\ See 19 CFR 301; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\37\
Parties must use the certification formats provided in 19 CFR
351.303(g).\38\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in these investigations should ensure
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing
the required letters of appearance). Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\39\
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\39\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
Scope of the Investigations
The products within the scope of these investigations are paper
shopping bags with handles of any type, regardless of whether there
is any printing, regardless of how the top edges are finished (e.g.,
folded, serrated, or otherwise finished), regardless of color, and
regardless of whether the top edges contain adhesive or other
material for sealing closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at least 2.5 inches.
Paper shopping bags typically are made of kraft paper but can be
made from any type
[[Page 41384]]
of cellulose fiber, paperboard, or pressboard with a basis weight
less than 300 grams per square meter (GSM).
A non-exhaustive illustrative list of the types of handles on
shopping bags covered by the scope include handles made from any
materials such as twisted paper, flat paper, yarn, ribbon, rope,
string, or plastic, as well as die-cut handles (whether the punchout
is fully removed or partially attached as a flap).
Excluded from the scope are:
<bullet> Paper sacks or bags that are of a \1/6\ or \1/7\ barrel
size (i.e., 11.5-12.5 inches in width, 6.5-7.5 inches in depth, and
13.5-17.5 inches in height) with flat paper handles or die-cut
handles;
<bullet> Paper sacks or bags with die-cut handles, a grams per
square meter paper weight of less than 86 GSM, and a height of less
than 11.5 inches; and
<bullet> Shopping bags (i) with non-paper handles made wholly of
woven ribbon or other similar woven fabric and (ii) that are
finished with folded tops or for which tied knots or t-bar aglets
(made of wood, metal, or plastic) are used to secure the handles to
the bags.
The above-referenced dimensions are provided for paper bags in
the opened position. The height of the bag is the distance from the
bottom fold edge to the top edge (i.e., excluding the height of
handles that extend above the top edge). The depth of the bag is the
distance from the front of the bag edge to the back of the bag edge
(typically measured at the bottom of the bag). The width of the bag
is measured from the left to the right edges of the front and back
panels (upon which the handles typically are located).
The merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided
for convenience and customs purposes only; the written description
of the scope is dispositive.
[FR Doc. 2023-13521 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.