Notice2024-15747
Certain Paper Shopping Bags From the People's Republic of China and India: Countervailing Duty Orders
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
July 18, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing countervailing duty orders on certain paper shopping bags (paper bags) from the People's Republic of China (China) and India.
Full Text
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<title>Federal Register, Volume 89 Issue 138 (Thursday, July 18, 2024)</title>
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[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Notices]
[Pages 58331-58333]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15747]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-153, C-533-918]
Certain Paper Shopping Bags From the People's Republic of China
and India: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing countervailing duty orders on
certain paper shopping bags (paper bags) from the People's Republic of
China (China) and India.
DATES: Applicable July 18, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Copyak (China) or Paul Kebker
(India), AD/CVD Operations, Offices IX and IV, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-3642 and (202) 482-2254, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on May 24, 2024, Commerce published its affirmative
final determinations that countervailable subsidies are being provided
to producers and exporters of paper bags from China and India.\1\ On
July 5, 2024, the ITC notified Commerce of its final
[[Page 58332]]
affirmative determinations that an industry in the United States is
materially injured by reason of subsidized imports of paper bags from
China and India, within the meaning of section 705(b)(1)(A)(i) of the
Act.\2\ Further, the ITC determined that critical circumstances do not
exist with respect to imports of paper bags from China and India.
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\1\ See Certain Paper Shopping Bags from the People's Republic
of China: Final Affirmative Countervailing Duty Determination and
Final Affirmative Determination of Critical Circumstances, 89 FR
45829 (May 24, 2024); see also Certain Paper Shopping Bags from
India: Final Affirmative Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination, in part, 89 FR
45834 (May 24, 2024).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated July 5, 2024; see also Paper Shopping Bags
from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan,
and Vietnam, 89 FR 56776 (July 10, 2024).
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Scope of the Orders
The products covered by these orders are paper bags from China and
India. For a complete description of the scope of the orders, see the
appendix to this notice.
Orders
As stated above, on July 5, 2024, the ITC notified Commerce of its
final determinations that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of paper bags from China and India.
Therefore, in accordance with section 705(c)(2) of the Act, Commerce is
issuing these countervailing duty orders. Moreover, because the ITC
determined that imports of paper bags from China and India are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China and India, entered or withdrawn from warehouse
for consumption, are subject to the assessment of countervailing
duties.
Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct U.S. Customs and Border Protection (CBP) to assess,
upon further instruction by Commerce, countervailing duties on
unliquidated entries of paper bags from China and India entered, or
withdrawn from warehouse, for consumption on or after November 6, 2023,
the date of the publication of the Preliminary Determinations,\3\ but
will not include entries occurring after the expiration of the
provisional measures and before the publication in the Federal Register
of the ITC's final injury determination under section 705(b) of the
Act, as further described in the ``Provisional Measures'' section of
this notice.
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\3\ See Certain Paper Shopping Bags from the People's Republic
of China: Preliminary Affirmative Determination of Countervailable
Subsidies, Preliminary Affirmative Determination of Critical
Circumstances, and Alignment of Final Determination with Final
Antidumping Duty Determination, 88 FR 76180 (November 6, 2023); see
also Certain Paper Shopping Bags from India: Preliminary Affirmative
Determination of Countervailable Subsidies, Preliminary Affirmative
Determination of Critical Circumstances in Part, and Alignment of
Final Determination with the Final Antidumping Duty Determination,
88 FR 76185 (November 6, 2023) (collectively, Preliminary
Determinations).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation on all
entries of paper bags from China and India, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, and to assess, upon further instruction by Commerce,
pursuant to section 706(a)(1) of the Act, countervailing duties for
each entry of subject merchandise in an amount based on the net
countervailable subsidy rates below. On or after the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, we will also instruct CBP to require cash deposits on
entries of subject merchandise as indicated below. These instructions
suspending liquidation will remain in effect until further notice. The
all-others rate applies to all producers or exporters not specifically
listed below, as appropriate.
Estimated Countervailable Subsidy Rates
The estimated countervailable subsidy rates are as follows:
China
------------------------------------------------------------------------
Subsidy
rate
Exporter/producer (percent
ad
valorem)
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Bagitan Packaging........................................... 172.36
Changzhou Anjucheng......................................... 172.36
Courage Packaging........................................... 172.36
Dongzheng PaperBag (DaLian) Factory......................... 40.76
Evertrust Packaging......................................... 172.36
Fujian Nanwang Environment Protection Scien-tech Co., Ltd. 42.36
\4\........................................................
Geotegrity EcoPack.......................................... 172.36
GrandIntelligent............................................ 172.36
Li & Fung................................................... 172.36
Qingdao Chenyu Packaging Co., Ltd........................... 172.36
Shanghai Macolink Supply Chain Management Co., Ltd.......... 172.36
Shanghai Sanxi Paper Co., Ltd............................... 172.36
Xiamen C&D Pulp & Paper Co., Ltd............................ 172.36
Xiamen Champion FMCG........................................ 172.36
Xiamen New Idea Packaging Co., Ltd.......................... 172.36
Xiamen Wonderful Bag Import and Export Co., Ltd............. 172.36
All Others.................................................. 41.46
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India
------------------------------------------------------------------------
Subsidy
rate
Exporter/producer (percent
ad
valorem)
------------------------------------------------------------------------
Aeroplast Packaging Solution Private Limited \5\............ 4.81
Velvin Paper Products \6\................................... 2.38
All Others.................................................. 3.39
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Provisional Measures <SUP>4 5 6</SUP>
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\4\ Fujian Nanwang is cross-owned with the following companies:
Zhuhai Zhongyue Paper Cup Container Co., Ltd.; Anhui Nanwang
Environmental Protection Technology Co., Ltd.; Xianghe Nanwang
Environmental Protection Technology Co., Ltd.; and Hubei Nanwang
Environmental Protection Technology Co., Ltd.
\5\ Aeroplast Packaging Solution Private Limited is cross-owned
with the following companies: Aero Business Solutions Private
Limited; and Aero Plast Limited.
\6\ Velvin Paper Products is cross-owned with Velvin Packaging
Solutions Private Limited.
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Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the Preliminary
Determinations on November 6, 2023.\7\ As such, the four-month period
beginning on the date of the publication of the Preliminary
Determinations ended on March 4, 2024.
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\7\ See Preliminary Determinations.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of paper bags from China and India entered, or withdrawn from
warehouse, for consumption, on or after March 5, 2024, the date on
which the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Critical Circumstances
Regarding the ITC's negative critical circumstances determination
on imports of paper bags from China and India, we intend to instruct
CBP to lift suspension and to refund any cash deposits made to secure
the payment of estimated countervailing duties with respect to entries
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after August 8, 2023 (i.e., 90 days prior to the date
of the publication of the Preliminary
[[Page 58333]]
Determinations), but before November 6, 2023 (i.e., the date of
publication of the Preliminary Determinations).
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\8\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\9\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \10\
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\10\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\11\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\11\ See Procedural Guidance, 86 FR 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \12\ Accordingly, as stated
above, the petitioner and the Governments of China and India should
submit their initial entries of appearance after publication of this
notice in order to appear in the first annual inquiry service lists for
these orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the
Governments of China and India will not need to resubmit their entries
of appearance each year to continue to be included on the annual
inquiry service list. However, the petitioner and the Governments of
China and India are responsible for making amendments to their entries
of appearance during the annual update to the annual inquiry service
list in accordance with the procedures described above.
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\12\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the countervailing duty orders with respect
to paper bags from China and India pursuant to section 706(d) of the
Act. Interested parties can find a list of countervailing duty orders
at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are issued and published in accordance with section
706(a) and 19 CFR 351.211(b).
Dated: July 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The products within the scope of these orders 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 fabric20 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.
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.
[FR Doc. 2024-15747 Filed 7-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 18, 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.