Notice2024-11479
Certain Paper Shopping Bags From Colombia: Final Affirmative Determination of Sales at Less Than Fair Value
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
May 24, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Colombia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through May 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 102 (Friday, May 24, 2024)</title>
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[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45843-45845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11479]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-805]
Certain Paper Shopping Bags From Colombia: Final Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain paper shopping bags (paper bags) from Colombia are being, or
are likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is April 1, 2022, through May
31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2024, Commerce published in the Federal Register its
preliminary determination in the LTFV investigation of paper bags from
Colombia, in which we also postponed the final determination until May
17,
[[Page 45844]]
2024.\1\ We invited interested parties to comment on the Preliminary
Determination.
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\1\ See Certain Paper Shopping Bags from Colombia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 319 (January 3, 2024) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Paper Shopping Bags from Colombia,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are paper bags from
Colombia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued a Preliminary Scope Decision
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\3\ We received comments from interested parties on the
Preliminary Scope Decision Memorandum, which we address in the Final
Scope Decision Memorandum.\4\ We made no changes to the scope of the
investigation from the scope published in the Preliminary
Determination, as noted in Appendix I to this notice.
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\3\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations 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: Preliminary Scope Decision Memorandum,'' dated December 27,
2023.
\4\ See Memorandum, ``Less-Than-Fair Value and Countervailing
Duty Investigations 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: Final Scope Decision Memorandum,'' dated March 11, 2024.
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), we conducted verifications of the sales and cost information
submitted by Ditar, S.A. (Ditar) for use in our final determination. We
used standard verification procedures, including an examination of
relevant sales and accounting records, and original source documents
provided by Ditar.\5\
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\5\ See Memoranda, ``Verification of the Sales Questionnaire
Responses of Ditar, S.A.,'' dated March 11, 2024; and ``Verification
of the Cost Response of Ditar S.A. in the Less-Than-Fair-Value
Investigation of Paper Shopping Bags from Colombia,'' dated April
15, 2024.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached as Appendix II to this notice.
Changes Since the Preliminary Determination
We have made certain changes to the margin calculations for Ditar
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
the mandatory respondents in this investigation, Industria Colombiana
de Papeles (Incolpa SAS) and F[aacute]brica de Bolsas de Papel (Unibol
SAS), estimated weighted-average dumping margins on the basis of
adverse facts available (AFA), pursuant to sections 776(a) and (b) of
Act.\6\ There is no new information on the record that would cause us
to revisit our decision in the Preliminary Determination. Accordingly,
for this final determination, we continue to find that the application
of AFA pursuant to sections 776(a) and (b) of the Act is warranted with
respect to Incolpa SAS and Unibol SAS in this investigation.
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\6\ See Preliminary Determination, 89 FR at 320.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and/or
exporters not individually investigated shall be equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated excluding rates
that are zero, de minimis, or determined entirely under section 776 of
the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis, or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
Commerce assigned a rate based entirely on facts available to
Incolpa SAS and Unibol SAS. Therefore, the only rate that is not zero,
de minimis, or based entirely on facts otherwise available is the rate
calculated for Ditar. Consequently, the rate calculated for Ditar is
also assigned as the rate for all other producers and exporters,
pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Ditar, S.A.................................................. 11.06
Industria Colombiana de Papeles............................. * 56.14
F[aacute]brica de Bolsas de Papel........................... * 56.14
All Others.................................................. 11.06
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* Rate based on AFA.
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in Appendix I of this notice, which were entered or withdrawn from
warehouse for consumption on or after January 3, 2024, the date of
publication in the Federal Register of the Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit
[[Page 45845]]
for estimated antidumping duties for such entries of merchandise as
follows: (1) the cash deposit rate for the respondents listed above
will be equal to the company-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not a respondent identified above but the producer is, then
the cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin established for that producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured or
threatened with material injury by reason of imports or sales (or the
likelihood of sales) for importation of paper bags from Colombia no
later than 45 days after our final determination. If the ITC determines
that such injury does not exist, this proceeding will be terminated,
all cash deposits posted will be refunded, and suspension of
liquidation will be lifted. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise entered or withdrawn from warehouse
for consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as the final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: May 17, 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 I--Scope of the Investigation
The products within the scope of this investigation 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 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> Paper sacks or bags (i) with non-paper handles made
wholly of woven ribbon or other similar woven fabric \7\ 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.
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\7\ Paper sacks or bags with handles made of braided or twisted
materials, such as rope or cord, do not qualify for this exclusion.
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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).
This 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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Commerce Should Determine Ditar's Final Dumping
Margin Based on Total Adverse Facts Available (AFA)
Comment 2: Alternatively, Commerce Should Determine Ditar's
Margin Based on Partial AFA
Comment 3: Level of Trade (LOT) Adjustment for Ditar
Comment 4: Freight Revenue Cap for Ditar
Comment 5: Whether To Revise Ditar's General and Administrative
(G&A) and Financial Expenses
V. Recommendation
[FR Doc. 2024-11479 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 24, 2024.
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