Notice2024-11482
Certain Paper Shopping Bags From Malaysia: 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 Malaysia 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 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 45821-45823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11482]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-825]
Certain Paper Shopping Bags From Malaysia: 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 Malaysia 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
March 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2024, Commerce published its Preliminary
Determination of sales of paper bags from Malaysia at LTFV.\1\ For a
complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\2\ All issues
raised by parties for this final determination are addressed in the
Issues and Decision Memorandum, which is hereby adopted by this notice.
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="http://access.trade.gov">http://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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\1\ See Certain Paper Shopping Bags from Malaysia: Preliminary
Affirmative Determination of Sales at Less-Than-Fair-Value, 89 FR
333 (January 3, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Paper Shopping Bags from Malaysia,'' 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
Malaysia. 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 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 Hexachase Packaging Sdn. Bhd. (Hexachase) 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 Hexachase.\5\
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\5\ See Memorandum, ``Verification of the Sales Responses of
Hexachase Packaging Sdn. Bhd. in the Antidumping Duty Investigation
of Certain Paper Shopping Bags from Malaysia,'' dated March 27,
2024; see also Memorandum, ``Verification of the Cost Response of
Hexachase Packaging Sdn Bhd. the Antidumping Duty Investigation of
Certain Paper Shopping Bags from Malaysia,'' dated April 22, 2024.
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Analysis of Comments Received
All issues raised in the case briefs submitted by interested
parties in this
[[Page 45822]]
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 dumping margin calculations for
Hexachase and Nanwang Pack (M) Sdn. Bhd (Nanwang) since the Preliminary
Determination. For a discussion of these changes, see the Issues and
Decision Memorandum.
Use of Facts Available With Adverse Inferences
For this final determination, we find that pursuant to sections
776(a)-(b) of the Act, the use of facts available with adverse
inferences (AFA) is warranted in determining the final dumping margin
for mandatory respondent, Nanwang.\6\
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\6\ For a further discussion, see the Issues and Decision
Memorandum.
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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 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 has determined
the estimated weighted-average dumping margin for the individually
examined respondent under section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Hexachase that is not zero, de minimis, or based
entirely on facts otherwise available. Moreover, as discussed above, we
have assigned a rate based entirely on AFA to the other mandatory
respondent, Nanwang. Consequently, the rate calculated for Hexachase 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:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Hexachase Packaging Sdn. Bhd................................ 3.18
Nanwang Pack (M) Sdn. Bhd................................... * 112.22
Kooka Paper Manufacturing Sdn. Bhd.......................... * 112.22
All Others.................................................. 3.18
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* Based on AFA.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register in accordance with 19 CFR 351.224(b).
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 paper bags from Malaysia, 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 of the Preliminary Determination of this investigation in
the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) the cash deposit rate for the
respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary 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
listed in the table above. 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 our final affirmative
determination of sales at LTFV. Because the final determination in this
investigation 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 subject
merchandise from Indonesia no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. 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 serves as a final reminder to the parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
This final determination is issued and published in accordance with
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,
[[Page 45823]]
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. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Issues
Comment 1: Whether To Base the Final Dumping Margin for Nanwang
on Total Adverse Facts Available
Comment 2: Whether To Assign Hexachase's Rate as the All Others
Rate in the Final Determination
Comment 3: Whether To Utilize the Most Recent Data Files
Submitted by Hexachase
Comment 4: Whether Commerce Should Correct Programming Language
in the Comparison Market Program
VI. Recommendation
[FR Doc. 2024-11482 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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