Laminated Woven Sacks From the Socialist Republic of Vietnam: Continuation of Antidumping Duty and Countervailing Duty Orders
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Issuing agencies
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on laminated woven sacks from the Socialist Republic of Vietnam (Vietnam) would likely lead to continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing this notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 89 Issue 230 (Friday, November 29, 2024)</title>
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[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94707-94708]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28022]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-823, C-552-824]
Laminated Woven Sacks From the Socialist Republic of Vietnam:
Continuation of Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on laminated woven sacks from the Socialist Republic of
Vietnam (Vietnam) would likely lead to continuation or recurrence of
dumping and net countervailable subsidies, and material injury to an
industry in the United States, Commerce is publishing this notice of
continuation of these AD and CVD orders.
DATES: Applicable November 15, 2024.
FOR FURTHER INFORMATION CONTACT: Luke Caruso or Thomas Martin, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2081 or (202) 482-3936,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2019, Commerce published in the Federal Register the AD
and CVD orders on laminated woven sacks from Vietnam.\1\ On May 1,
2024, the ITC instituted,\2\ and Commerce initiated,\3\ the first
sunset reviews of the Orders pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As a result of its reviews, Commerce
determined that revocation of the Orders would likely lead to the
continuation or recurrence of dumping and countervailable subsidies,
and therefore, notified the ITC of the magnitude of the margins of
dumping and subsidy rates likely to prevail should the Orders be
revoked.\4\
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\1\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Antidumping Duty and Countervailing Duty Orders, 84 FR
25753 (June 4, 2019) (collectively, Orders).
\2\ See Laminated Woven Sacks from Vietnam; Institution of Five-
Year Reviews, 89 FR 35241 (May 1, 2024).
\3\ Id., 89 FR 35073 (May 1, 2024).
\4\ See Laminated Woven Sacks from the Socialist Republic of
Vietnam: Final Results of Expedited First Sunset Review of the
Antidumping Duty Order, 89 FR 73627 (September 11, 2024); see also
Laminated Woven Sacks from the Socialist Republic of Vietnam: Final
Results of the Expedited First Sunset Review of the Countervailing
Duty Order, 89 FR 73633 (September 11, 2024).
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On November 15, 2024, the ITC published its determination, pursuant
to section 751(c) of the Act, that revocation of the Orders would
likely lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.\5\
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\5\ See Laminated Woven Sacks From Vietnam, 89 FR 91784
(November 20, 2024).
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Scope of the Orders
The merchandise covered by these orders is laminated woven sacks.
[[Page 94708]]
Laminated woven sacks are bags consisting of one or more plies of
fabric consisting of woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of the strip; with or
without an extrusion coating of polypropylene and/or polyethylene on
one or both sides of the fabric; laminated by any method either to an
exterior ply of plastic film such as biaxially-oriented polypropylene
(BOPP), polyester (PET), polyethylene (PE), nylon, or any film suitable
for printing, or to an exterior ply of paper; printed; displaying,
containing, or comprising three or more visible colors (e.g., laminated
woven sacks printed with three different shades of blue would be
covered by the scope), not including the color of the woven fabric;
regardless of the type of printing process used; with or without
lining; with or without handles; with or without special closing
features (including, but not limited to, closures that are sewn, glued,
easy-open (e.g., tape or thread), re-closable (e.g., slider, hook and
loop, zipper), hot-welded, adhesive-welded, or press-to-close); whether
finished or unfinished (e.g., whether or not closed on one end and
whether or not in roll form, including, but not limited to, sheets,
lay-flat, or formed in tubes); not exceeding one kilogram in actual
weight. Laminated woven sacks produced in the Socialist Republic of
Vietnam are subject to the scope regardless of the country of origin of
the fabric used to make the sack.
The scope of these orders excludes laminated woven sacks having
each of the following physical characteristics: (1) no side greater
than 24 inches, (2) weight less than 100 grams, (3) an open top that is
neither sealable nor closable, the rim of which is hemmed or sewn
around the entire circumference, (4) carry handles sewn on the open
end, (5) side gussets, and (6) either a bottom gusset or a square or
rectangular bottom. The excluded items with the above-mentioned
physical characteristics may be referred to as reusable shopping bags.
Subject laminated woven sacks are currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
6305.33.0040 and 6305.33.0080. If entered with plastic coating on both
sides of the fabric consisting of woven polypropylene strip and/or
woven polyethylene strip, laminated woven sacks may be classifiable
under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000.
If entered not closed on one end or in roll form (including, but not
limited to, sheets, lay-flat tubing, and sleeves), laminated woven
sacks may be classifiable under other HTSUS subheadings, including
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the
polypropylene strips and/or polyethylene strips making up the fabric
measure more than 5 millimeters in width, laminated woven sacks may be
classifiable under other HTSUS subheadings including
4601.99.0500,4601.99.9000, and 4602.90.0000. Although HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of the Orders. U.S. Customs and Border Protection will continue to
collect AD and CVD cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be
November 20, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next sunset review
of the Orders not later than 30 days prior to the fifth anniversary of
the effective date of continuation.
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\6\ Id.
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Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
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 terms of an APO
is a sanctionable violation.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act, and published in
accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: November 20, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-28022 Filed 11-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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