Notice2024-03527
Certain Paper Plates From the People's Republic of China and the Socialist Republic of Vietnam: 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
February 21, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 35 (Wednesday, February 21, 2024)</title>
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[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Notices]
[Pages 13043-13047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03527]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-165; C-552-840]
Certain Paper Plates From the People's Republic of China and the
Socialist Republic of Vietnam: Initiation of Countervailing Duty
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 14, 2024.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg (Socialist Republic of
Vietnam (Vietnam)) and Eliza DeLong (People's Republic of China
(China)), AD/CVD Operations, Offices I and V, respectively, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-1785 or (202) 482-3878, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 25, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
certain paper plates (paper plates) from China and Vietnam filed in
proper form on behalf of the American Paper Plate Coalition (the
petitioner).\1\ The CVD petitions were accompanied by antidumping duty
(AD) petitions concerning imports of paper plates from China, Thailand,
and Vietnam.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Certain Paper Plates from the
People's Republic of China, The Kingdom of Thailand, and the
Socialist Republic of Vietnam,'' dated January 25, 2024 (Petitions).
The members of the American Paper Plate Coalition are AJM Packaging
Corporation, Aspen Products, Inc., Dart Container Corporation,
Hoffmaster Group, Inc., Huhtamaki Americas, Inc., and Unique
Industries, Inc.
\2\ Id.
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Between January 29 and February 6, 2024, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in separate supplemental questionnaires.\3\
[[Page 13044]]
The petitioner filed responses to the supplemental questionnaires
between January 31 and February 8, 2024.\4\
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\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Paper
Plates from the People's Republic of China, Thailand, and the
Socialist Republic of Vietnam: Supplemental Questions,'' dated
January 29, 2024 (General Issues Questionnaire); see also ``Petition
for the Imposition of Countervailing Duties on Imports of Certain
Paper Plates from Socialist Republic of Vietnam: Supplemental
Questions,'' dated January 29, 2024; ``Petition for the Imposition
of Countervailing Duties on Imports of Certain Paper Plates from the
People's Republic of China: Supplemental Questions,'' dated January
30, 2024; and Memorandum, ``Phone Call,'' dated February 6, 2024
(February 6 Memorandum).
\4\ See Petitioner's Letters, ``Certain Paper Plates from the
People's Republic of China: Response to Supplemental Questionnaire
for Volume III of the Petition,'' dated January 31, 2024; see also
``Certain Paper Plates from the Socialist Republic of Vietnam:
Response to Supplemental Questionnaire for Volume V of the
Petition,'' dated February 1, 2024; ``Certain Paper Plates from the
People's Republic of China, Thailand, and the Socialist Republic of
Vietnam: Petitioner's Responses to Supplemental Questions--General
Issues,'' dated February 2, 2024 (First General Issues Supplement);
``Certain Paper Plates from the People's Republic of China,
Thailand, and the Socialist Republic of Vietnam: Petitioner's
Responses to Supplemental Questions--General Issues,'' dated
February 8, 2024 (Second General Issues 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 Vietnam (GOV) (collectively, Governments)
are providing countervailable subsidies, within the meaning of sections
701 and 771(5) of the Act, to producers of paper plates from China and
Vietnam, and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing paper plates 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 were accompanied by information
reasonably available to the petitioner supporting its allegations.
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 for the
initiation of the requested CVD investigations.\6\
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\5\ The members of the American Paper Plate Coalition are
interested parties as defined under section 771(9)(C) of the Act.
\6\ See ``Determination of Industry Support for the Petitions''
section, infra.
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Period of Investigation
Because the Petitions were filed on January 25, 2024, the period of
investigation (POI) for China and Vietnam is January 1, 2023, through
December 31, 2023.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The merchandise covered by these investigations is paper plates
from China and Vietnam. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On January 29 and February 6, 2024, Commerce requested information
and clarification 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 February 2 and 8, 2024, the petitioner provided
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 February 6
Memorandum.
\9\ See First General Issues Supplement at 5-11; see also Second
General Issues Supplement at 3-6.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\10\ Commerce will consider all 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 March 5,
2024, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments, which may include factual
information, must be filed by 5 p.m. ET on March 15, 2024, which is 10
calendar days from the initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties; Final Rule,
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'').
\12\ See 19 CFR 351.303(b)(1).
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due.
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\13\ 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 Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\14\
Commerce held consultations with the GOV on February 8, 2024.\15\ The
GOC did not request consultations.\16\
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\14\ See Commerce's Letters, ``Countervailing Duty Petition on
Certain Paper Plates from the People's Republic of China,'' dated
January 26, 2024; and ``Countervailing Duty Petition on Certain
Paper Plates from the Socialist Republic of Vietnam,'' dated January
29, 2024.
\15\ See Memorandum, ``Paper Plates from Vietnam: Consultations
with Socialist Republic of Vietnam,'' dated February 8, 2024.
\16\ In lieu of consultations, the GOC submitted comments
regarding the initiation. See GOC's Letter, ``China-USA
Consultations with Respect to the Possible Initiation of
Countervailing Investigation against Imports of Certain Paper Plates
from China,'' dated February 6, 2024.
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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.''
[[Page 13045]]
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 U.S. 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 apply the same statutory definition regarding the domestic like
product,\17\ 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.\18\
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\17\ See section 771(10) of the Act.
\18\ 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 Algoma Steel Corp., Ltd. v. United
States, 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.\19\ Based on our analysis of the information
submitted on the record, we have determined that paper plates, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\20\
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\19\ See Petitions at Volume I (pages 11-13); see also First
General Issues Supplement at 17-18.
\20\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklists: Certain
Paper Plates from the People's Republic of China and the Socialist
Republic of Vietnam (Country-Specific CVD Initiation Checklists) at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Certain Paper Plates from the
People's Republic of China, Thailand, and the Socialist Republic of
Vietnam (Attachment II). These checklists are dated concurrently
with this notice and 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 its
own shipments of the domestic like product in 2023 and compared this to
the estimated total 2023 shipments of the domestic like product for the
entire domestic industry.\21\ Because total industry production data
for the domestic like product for 2023 are not reasonably available to
the petitioner, and the petitioner has established that shipments are a
reasonable proxy for production data,\22\ we have relied on the data
provided by the petitioner for purposes of measuring industry
support.\23\
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\21\ See First General Issues Supplement at 12-14, 16, and
Attachments 2-4; see also Second General Issues Supplement at 7-8
and Attachment 1.
\22\ See Petitions at Volume I (page 4 and Exhibit I-2); see
also First General Issues Supplement at 12 and 14.
\23\ See Petitions at Volume I (pages 3-4); see also First
General Issues Supplement at 11-16 and Attachments 2-4; and Second
General Issues Supplement at 7-8 and Attachment 1.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petitions.\24\ 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).\25\ 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.\26\ 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.\27\ 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.\28\
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\24\ See Petitions at Volume I (pages 3-4); see also First
General Issues Supplement at 11-16 and Attachments 2-4; and Second
General Issues Supplement at 6-8 and Attachments 1-3. For further
discussion, see Attachment II of the Country-Specific CVD Initiation
Checklists.
\25\ See Attachment II of the Country-Specific CVD Initiation
Checklists; see also section 702(c)(4)(D) of the Act.
\26\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\27\ Id.
\28\ Id.
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Injury Test
Because China and Vietnam 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
Vietnam 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 Vietnam exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\29\
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\29\ See Petitions at Volume I (pages 15-16 and Exhibit I-8).
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume of subject imports; underselling
and price depression and/or suppression; loss of market share; decrease
in production volume and capacity utilization; and lost sales and
revenues.\30\ 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.\31\
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\30\ Id. at 15-39 and Exhibits I-2, I-3, I-7 through I-35; see
also First General Issues Supplement at 18-19.
\31\ 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 Plates from the People's Republic
of China, Thailand, and the Socialist Republic of Vietnam.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses,
[[Page 13046]]
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 plates from China and Vietnam benefit from
countervailable subsidies conferred by the GOC and the GOV. 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 all of the 19
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Vietnam
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all of the 22
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Vietnam CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
The petitioner identified 149 companies in China and nine companies
in Vietnam as producers and/or exporters of paper plates.\32\ 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
as discussed below.
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\32\ See First General Issues Supplement at 3-4 and Attachment
1.
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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.\33\ However, for these investigations, because the
HTSUS subheading listed in the scope is a basket category, we cannot
rely on CBP entry data in selecting respondents. Therefore, Commerce
will rely on quantity and value (Q&V) questionnaires for respondent
selection.
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\33\ On February 9, 2024, Commerce released CBP data on U.S.
imports of paper plates from China and Vietnam under administrative
protective order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment on the CBP data and/or respondent selection must do so
within three business days after the publication date of the notice
of initiation of these investigations. See Memoranda, ``Certain
Paper Plates from the People's Republic of China Countervailing Duty
Petition: Release of U.S. Customs and Border Protection Entry
Data,'' dated February 9, 2024; ``Certain Paper Plates from the
Socialist Republic of Vietnam Countervailing Duty Petition: Release
of U.S. Customs and Border Protection Entry Data,'' dated February
9, 2024. Commerce will not accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing
such applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
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Further, due to the large number of producers and/or exporters
identified in the Petition for China, Commerce has determined to limit
the number of Q&V questionnaires that it will issue to exporters and
producers based on CBP data for paper plates from China during the POI
under the appropriate HTSUS subheadings listed in the ``Scope of the
Investigations,'' in the appendix. Accordingly, Commerce will send Q&V
questionnaires to the largest producers and exporters that are
identified in the CBP data for which there is complete address
information on the record. With respect to Vietnam, Commerce intends to
send Q&V questionnaires to all producers and exporters that are
identified in the Petition for which there is complete address
information on the record.
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-caseannouncements">https://www.trade.gov/ec-adcvd-caseannouncements</a>. Exporters/producers of paper plates from China and
Vietnam 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 Enforcement and Compliance's website. Responses to
the Q&V questionnaire must be submitted by the relevant producers/
exporters no later than 5:00 p.m. ET on February 28, 2024, which is two
weeks from the signature date of this notice. All Q&V questionnaire
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.
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 the GOV via ACCESS. To the extent practicable,
we 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 plates from China and/or Vietnam are
materially injuring, or threatening material injury to, a U.S.
industry.\34\ A negative ITC determination for either country will
result in the investigation being terminated with respect to that
country.\35\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\34\ See section 703(a)(1) of the Act.
\35\ 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 \36\ 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.\37\ Time limits for the
[[Page 13047]]
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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\36\ See 19 CFR 351.301(b).
\37\ 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, or as otherwise specified by
Commerce.\38\ 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, we
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, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits. Parties
should review Commerce's regulations concerning the extension of time
limits and the Time Limits Final Rule prior to submitting factual
information in these investigations.\39\
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\38\ See 19 CFR 351.302.
\39\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), 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.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO 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 modified certain of its
requirements for serving documents containing business proprietary
information and has made additional clarifications and corrections to
its AD/CVD regulations.\42\
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\42\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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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: February 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise subject to these investigations is certain paper
plates. Paper plates subject to these investigations may be cut from
rolls, sheets, or other pieces of paper and/or paper board. Paper
plates subject to these investigations have a depth up to and
including two (2.0) inches, as measured vertically from the base to
the top of the lip, or the edge if the plate has no lip. Paper
plates subject to these investigations may be uncolored, white,
colored, or printed. Printed paper plates subject to these
investigations may have any type of surface finish, and may be
printed by any means with images, text and/or colors on one or both
surfaces. Colored paper plates subject to this investigation may be
colored by any method, including but not limited to printing,
beater-dyeing, and dip-dyeing. Paper plates subject to these
investigations may be produced from paper of any type (including,
but not limited to, bamboo, straws, bagasse, hemp, kenaf, jute,
sisal, abaca, cotton inters and reeds, or from non-plant sources,
such as synthetic resin (petroleum)-based resins), may have any
caliper or basis weight, may have any shape or size, may have one or
more than one section, may be embossed, may have foil or other
substances adhered to their surface, and/or may be uncoated or
coated with any type of coating.
The paper plates subject to these investigations remain covered
by the scope of these investigations whether imported alone, or in
any combination of subject and non-subject merchandise. When paper
plates subject to these investigations are imported in combination
with non-subject merchandise, only the paper plates subject to these
investigations are subject merchandise.
The paper plates subject to these investigations include paper
plates matching the above description that have been finished,
packaged, or otherwise processed in a third country by performing
finishing, packaging, or processing that would not otherwise remove
the merchandise from the scope of the investigations if performed in
the country of manufacture of the paper plates. Examples of
finishing, packaging, or other processing in a third country that
would not otherwise remove the merchandise from the scope of the
investigations if performed in the country of manufacture of the
paper plates include, but are not limited to, printing, application
of other surface treatments such as coatings, repackaging,
embossing, and application of foil surface treatments.
Excluded from the scope of these investigations are paper plates
molded or pressed directly from paper pulp (including but not
limited to unfelted pulp), which are currently classifiable under
subheading 4823.70.0020 of the Harmonized Tariff Schedule of the
United States (HTSUS).
Also excluded from the scope of these investigations are
articles that otherwise would be covered but which exhibit the
following two physical characteristics: (a) depth (measured
vertically from the base to the top of the lip, or edge if no lip)
equal to or greater than 1.25 inches but less than two (2.0) inches,
and (b) a base not exceeding five (5.0) inches in diameter if round,
or not exceeding 20 square inches in area if any other shape.
Also excluded from the scope of these investigations are paper
bowls, paper buckets, and paper food containers with closeable lids.
Paper plates subject to these investigations are currently
classifiable under HTSUS subheading 4823.69.0040. Paper plates
subject to these investigations also may be classified under HTSUS
subheading 4823.61.0040. If packaged with other articles, the paper
plates subject to these investigations also may be classified under
HTSUS subheadings 9505.90.4000 and 9505.90.6000. While the HTSUS
subheading(s) are provided for convenience and customs purposes, the
written description of the subject merchandise is dispositive.
[FR Doc. 2024-03527 Filed 2-20-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 21, 2024.
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.