Notice2024-11779
Certain Paper Shopping Bags From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part
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 29, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Cambodia 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 104 (Wednesday, May 29, 2024)</title>
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[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Notices]
[Pages 46363-46365]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11779]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-002]
Certain Paper Shopping Bags From Cambodia: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, In Part
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 Cambodia 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 29, 2024.
FOR FURTHER INFORMATION CONTACT: Charles Doss or Kyle Clahane, 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) 482-4474 or (202) 482-1168,
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 Cambodia, in which we also postponed the final
determination until May 17, 2024.\1\ We invited interested parties to
comment on the Preliminary Determination.
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\1\ See Certain Paper Shopping Bags from Cambodia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 325 (January 3, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
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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 Cambodia,'' 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
Cambodia. 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 addressed 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, ``Preliminary Scope Decision Memorandum,''
dated December 27, 2023 (Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
March 11, 2024 (Final Scope Decision Memorandum).
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Final Affirmative Determination of Critical Circumstances, in Part
We continue find that that critical circumstances do not exist with
respect to imports of paper bags from Cambodia for Nice Packaging
(Cambodia) Co., Ltd. (Nice), UUPak, and all other producers and
exporters, but do exist with respect to imports of paper bags from Pan
Pacific. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Issues and Decision
Memorandum.
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 Nice Packaging (Cambodia) Co., Ltd. (Nice) for use in our
final determination.\5\ In addition, Commerce was unable to conduct an
on-site verification of the information relied upon in making its final
determination with respect to UUPak Company Limited (UUPak). However,
from February 21 through 22, 2024, we took additional steps, in lieu of
an on-site verification to verify the information relied upon in making
this final determination, in accordance with section 782(i) of the Act,
by conducting virtual verification of UUPak.\6\
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\5\ See Memoranda, ``Verification of Nice Packaging (Cambodia)
Co., Ltd. Sales Responses,'' dated March 26, 2024; and
``Verification of the Cost Response of Nice Packing (Cambodia) Co.,
Ltd. in the Antidumping Duty Investigation of Paper Shopping Bags
from Cambodia,'' dated March 28, 2024.
\6\ See Memorandum, ``Verification of the Questionnaire
Responses of UUPak Company Limited,'' dated March 15, 2024.
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[[Page 46364]]
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 Nice
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.\7\
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\7\ See Memorandum, ``Nice Packaging (Cambodia) Co. Ltd. Final
Analysis Memorandum,'' dated concurrently with this notice (Nice's
Final Sales Analysis Memorandum).
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Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, Commerce assigned to
Pan Pacific Plastics Manufacturing, Inc. (Pan Pacific) an estimated
weighted-average dumping margin on the basis of adverse facts available
(AFA), pursuant to sections 776(a) and (b) of the Act.\8\ For the
reasons explained in the Issues and Decision Memorandum, and consistent
with Commerce's practice, as AFA, we assigned Pan Pacific the highest
corroborated dumping margin alleged in the petition.\9\
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\8\ See Preliminary Determination, 89 FR at 325.
\9\ See Preliminary Determination PDM at 6-8.
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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
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Nice. As explained in the Preliminary Determination
PDM, Commerce continues to determine that, under section 772(a) of the
Act, UUPak did not have any reviewable sales during the POI and, as
such, has not calculated a final margin for UUPak.\10\ As a result,
because we have only calculated one margin and that margin is not zero,
de minimis, or based entirely on facts otherwise available, the
estimated weighted-average dumping margin calculated for Nice is the
margin assigned to UUPak and all other producers and exporters,
pursuant to section 735(c)(5)(A) of the Act.
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\10\ See Preliminary Determination PDM at, ``Treatment of
UUPak's Sales.'' Our treatment of UUPak remains unchanged for
purposes of this final determination.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Nice Packaging (Cambodia) Co., Ltd.......................... 7.07
UUPak Company Limited....................................... 7.07
Pan Pacific Plastics Manufacturing, Inc..................... * 248.81
All Others.................................................. 7.07
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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, for Nice,
UUPak, and all-other producers/exporters, Commerce will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
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.
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for Pan Pacific, we
will instruct CBP to continue to suspend liquidation of all entries of
subject merchandise, as described in Appendix I to this notice, which
were entered, or withdrawn from warehouse for consumption on or after
October 5, 2023, which is 90 days before the publication of the
Preliminary Determination in the Federal Register, at the cash deposit
rate indicated above.
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 for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for each respondent
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 the respondent identified above but the producer
is, then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin listed for the producer of
the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters is 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, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
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 Cambodia no later than 45
days after this 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 above.
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 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
[[Page 46365]]
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> Paper sacks or bags (i) with non-paper handles made
wholly of woven ribbon or other similar woven fabric \11\ 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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\11\ 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 Affirmative Determination of Critical Circumstances, In
Part
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether Commerce's Application of the Adverse Facts
Available Rate to Pan Pacific is Unreasonable
Comment 2: Whether Commerce Should Clarify the Scope
Comment 3: Whether Commerce Should Alter Its Application of
Constructed Value
Comment 4: Whether Commerce Should Continue to Adjust Nice's
Cost of Production
Comment 5: Whether Commerce Should Make Changes to Nice's Final
Margin Calculations
VI. Recommendation
[FR Doc. 2024-11779 Filed 5-28-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 29, 2024.
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