Notice2024-11480
Certain Paper Shopping Bags From India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
Primary source
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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 India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 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 45826-45829]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11480]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-917]
Certain Paper Shopping Bags From India: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances
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 India are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation is April 1, 2022, through March 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT: Gorden Struck or Nathan Araya, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8151 or (202) 482-3401,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
paper bags from India, in which we also postponed
[[Page 45827]]
the final determination until May 17, 2024.\1\ We invited interested
parties to comment on the Preliminary Determination.\2\
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\1\ See Certain Paper Shopping Bags from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 336 (January 3, 2024) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ Id., 89 FR at 336.
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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.\3\ 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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\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Paper Shopping Bags from India,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is certain paper shopping
bags from India. For a complete description of the scope of this
investigation, see Appendix I to this notice.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested 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.\4\ We received comments from parties on the
Preliminary Scope Decision Memorandum, which we address in the Final
Scope Decision Memorandum.\5\ 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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\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: Preliminary Scope Decision Memorandum,'' dated December 27,
2023.
\5\ 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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Final Negative Determination of Critical Circumstances
We continue to find that critical circumstances do not exist for
imports of paper bags from India for the two mandatory respondents,
Aeroplast Packing Solution Private Limited (APSL), Aero Plast Limited
(APL), and Aero Business Solutions Private Limited (ABSL) (collectively
Aeroplast) and Kuloday Plastomers Pvt Ltd. (KPPL), and for all other
Indian producers and exporters pursuant to sections 735(a)(3)(A) and
(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206. For further discussion of this issue, see the Issues and
Decision Memorandum.
Verification
As provided in section 782(i) of the Act, in January and March
2024, we verified the sales and cost information submitted by Aeroplast
and KPPL 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 Aeroplast
and KPPL.\6\
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\6\ See Memoranda, ``Verification of the Sales Response of
Aeroplast Packaging Solution Private Limited (APSL) and affiliates,
Aeroplast Limited (APL) and Aero Business Solutions Private Limited
(ABSL) in the Antidumping Duty Investigation on Certain Paper
Shopping Bags from India,'' dated March 7, 2024; ``Verification of
the Sales Response of Kuloday Plastomers Pvt Ltd. in the Antidumping
Duty Investigation of Certain Paper Shopping Bags from India,''
dated March 7, 2024; ``Verification of the Cost Response of Kuloday
Plastomers Private Limited in the Antidumping Duty Investigation of
Certain Paper Shopping Bags from India,'' dated April 18, 2024; and
``Verification of the Cost Response of Aeroplast Packaging Solutions
Private Limited in the Less Than Fair Value Investigation of Certain
Paper Shopping Bags from India,'' dated April 24, 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 made certain changes to the margin calculation for Aeroplast and
KPPL since the Preliminary Determination.<SUP>7</SUP> In addition,
Aeroplast requested that the name of one its affiliates be updated for
the purpose of the final determination and final customs
instructions.\8\ For a discussion of these changes, see the Issues and
Decision Memorandum.
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\7\ See Memoranda, ``Allegation of Ministerial Error in the
Preliminary Determination,'' dated February 2, 2024; ``Analysis for
the Final Determination for Aero Business Solutions Private Limited;
Aero Plast Limited; and Aeroplast Packaging Solution Private
Limited,'' dated concurrently with this notice; and ``Analysis for
the Final Determination for Kuloday Plastomers Pvt Ltd.,'' dated
concurrently with this notice.
\8\ See Aeroplast's Letter, ``Case Brief of Packaging Solution
Private Limited,'' dated May 2, 2024 (citing Aeroplast's Letters,
``Request to Correct the Clerical Error,'' dated February 2, 2024;
``Section A Response,'' dated September 14, 2023, at Exhibit A-13(b)
and Exhibit A-13(d); and ``Aero Plast Packaging Solutions Private
Limited (APSL) 1st Supplemental Section ABC Response to Antidumping
Duty Investigation Questionnaire,'' dated November 28, 2023, at
Exhibit S3-2).
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Use of Adverse Facts Available
As discussed in the Preliminary Determination, the following
companies failed to respond to Commerce's quantity and value
questionnaire: Apex Paper and Plastic and Film (Apex); Asha Overseas
(Asha); Godhani Exports (Godhani); and Pack Easy Paper Products (Pack
Easy). Consequently, for the Preliminary Determination, we determined
that it was appropriate to apply adverse facts available (AFA) pursuant
to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, with
respect to Apex, Asha, Godhani, and Pack Easy.\9\ Absent comments on
the application of AFA, we continue to assign the estimated weighted-
average dumping margin, i.e., the highest transaction-specific margin
calculated of 53.05 percent (because we are unable to corroborate the
highest rate in the Petition of 96.15 percent \10\) for these companies
on the basis of AFA, pursuant to sections 776(a)(1), 776(a)(2)(A)-(C),
and 776(b) of Act.\11\
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\9\ See Preliminary Determination PDM at 5.
\10\ See 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:
Initiation of Less-Than-Fair- Value Investigations, 88 FR 41689,
41692 (June 27, 2023).
\11\ See Preliminary Determination PDM.
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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 exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters or producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Pursuant to section
[[Page 45828]]
735(c)(5)(B) of the Act, if the estimated weighted-average dumping
margins established for all exporters or 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 and exporters.
Here, Commerce calculated an estimated weighted-average dumping
margin of zero percent for Aeroplast. Therefore, the only rate that is
not zero, de minimis or based entirely on facts otherwise available is
the rate calculated for KPPL. Consequently, the rate calculated for
KPPL is also assigned as the estimated weighted-average dumping margin
for all other producers and exporters.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Estimated Cash deposit rate
weighted-average (adjusted for
Exporter/producer dumping margin export subsidy
(percent) offset) (percent)
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Aeroplast Packaging Solution 0.00 Not Applicable
Private Limited; Aero Plast
Limited; Aero Business Solutions
Private Limited..................
Kuloday Plastomers Pvt. Ltd....... 4.59 1.20
Adeera Packaging Pvt. Ltd......... 4.59 1.20
Amate Products Pvt. Ltd........... 4.59 1.20
Apex Paper and Plastic and Film... * 53.05 49.66
Archies Limited................... 4.59 1.20
Asha Overseas..................... * 53.05 49.66
Carrywell Packaging Pvt. Ltd...... 4.59 1.20
Colorbox.......................... 4.59 1.20
Dynaflex Private Limited.......... 4.59 1.20
Godhani Exports................... * 53.05 49.66
Pack Easy Paper Products.......... * 53.05 49.66
Pack Planet Pvt. Ltd.............. 4.59 1.20
Poonam............................ 4.59 1.20
Shriniwas Enterprises............. 4.59 1.20
Tejaswi Plastic Pvt. Ltd.......... 4.59 1.20
The Velvin Group (DBA Velvin 4.59 2.21
Packaging Solutions Pvt. Ltd. and
Velvin Paper Products)...........
Vama Packaging.................... 4.59 1.20
All Others........................ 4.59 1.20
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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, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix I of this notice, 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
except for those entries of subject merchandise produced and exported
by Aeroplast.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) the cash deposit rate
for the companies listed above that exported the subject merchandise
will be equal to the company-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not a company 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 estimated weighted-average
dumping margin for all other producers and exporters. These suspension
of liquidation instructions will remain in effect until further notice.
Because the estimated weighted-average dumping margin for Aeroplast
is zero, entries of shipments of subject merchandise produced by and
exported by this company will not be subject to suspension of
liquidation or cash deposit requirements. In such situations, Commerce
also applies the exclusion to the provisional measures to the producer/
exporter combination that was examined in the investigation.
Accordingly, Commerce will not be directing CBP to suspend liquidation
of entries of subject merchandise produced and exported by Aeroplast.
However, entries of subject merchandise from this company in any other
producer/exporter combination (i.e., where Aeroplast, is either the
producer or the exporter, but not both), or by third parties that
sourced subject merchandise from the excluded producer/exporter
combination, will be subject to suspension of liquidation at the all-
others rate.
Further, because the estimated weighted-average dumping margin is
zero for subject merchandise produced and exported by Aeroplast,
entries of such merchandise will be excluded from the potential
antidumping duty order. Such an exclusion will not be applicable to
merchandise exported to the United States by this respondent in any
other producer/exporter combinations or by third parties that sourced
subject merchandise from the excluded producer/exporter combination.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
[[Page 45829]]
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce has made a final affirmative
determination for countervailable export subsidies, Commerce has offset
the estimated weighted-average dumping margins by the appropriate CVD
rate. Any such adjusted cash deposit rate may be found in the ``Final
Determination'' section above.
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 our 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 of paper bags
from India no later than 45 days after this final determination. If the
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all cash deposits will
be refunded or canceled, 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 that are entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above 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 return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a violation which is subject
to sanction.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) 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> Shopping bags (i) with non-paper handles made wholly of
woven ribbon or other similar woven fabric \12\ 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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\12\ 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. Final Negative Determination of Critical Circumstances
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Shorter Cost Averaging Periods for KPPL
Comment 2: Correction of Aeroplast's Name in the Final
Determination and Final Customs Instructions
Comment 3: Adverse Inference for Shorter Cost Averaging Periods
for Aeroplast
VI. Recommendation
[FR Doc. 2024-11480 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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