Notice2025-01808
Certain Paper Plates From the People's Republic of China: Final Affirmative Countervailing Duty Determination 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
January 28, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain paper plates (paper plates) from the People's Republic of China (China). The period of investigation is January 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 17 (Tuesday, January 28, 2025)</title>
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[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Notices]
[Pages 8281-8283]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01808]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-165]
Certain Paper Plates From the People's Republic of China: Final
Affirmative Countervailing Duty Determination 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
countervailable subsidies are being provided to producers and exporters
of certain paper plates (paper plates) from the People's Republic of
China (China). The period of investigation is January 1, 2023, through
December 31, 2023.
DATES: Applicable January 28, 2025.
FOR FURTHER INFORMATION CONTACT: Sun Cho, AD/CVD Operations, Office V,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6458.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2024, Commerce published its Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\2\ The deadline for the final
determination is now January 21, 2025.
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\1\ See Certain Paper Plates from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and Alignment of Final Determination With Final Antidumping
Duty Determination, 89 FR 54432 (July 1, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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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 made available to the public 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, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Certain Paper Plates from the People's Republic of
China,'' 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 plates from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by parties in this
investigation, are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by interested parties and addressed in the
Issues and Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found to be countervailable, Commerce determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\4\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied, in part, on
facts otherwise available, including with an
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adverse inference (AFA), pursuant to sections 776(a) and (b) of the
Act. For a full discussion of our application of AFA, see the
Preliminary Determination,\5\ and the Issues and Decision Memorandum
section entitled ``Use of Facts Otherwise Available and Application of
Adverse Inferences.''
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\5\ See Preliminary Determination PDM at 8-32.
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Verification
As provided in section 782(i) of the Act, in August and September
2024, we conducted verification of information submitted by Fuzhou
Hengli Paper Co., Ltd. (Fuzhou Hengli) and Jinhua P&P Product Co., Ltd.
(Jinhua P&P) for use in our final determination. We used standard
verification procedures, including an examination of relevant
accounting records, and original source documents provided by Fuzhou
Hengli and Jinhua P&P.\6\
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\6\ See Memoranda, ``Verification of Fuzhou Hengli Paper Co.,
Ltd. Questionnaire Responses,'' dated October 9, 2024;
``Verification of Jinhua P&P Product Co., Ltd. Questionnaire
Responses,'' dated October 9, 2024; and ``Export Buyer's Credit
Program Questionnaire Response Verification (Customer A),'' dated
October 9, 2024.
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Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with sections
703(e)(1)(A) and (B) of the Act, and 19 CFR 351.206, that critical
circumstances existed with respect to imports of subject merchandise
for Fuzhou Hengli, the ``all-other'' producers and/or exporters, and
four companies who did not respond to our quantity and value
questionnaire (hereinafter referred to as the ``non-responsive
companies''),\7\ and did not exist for Jinhua P&P.\8\ For this final
determination, in accordance with section 705(a)(2) of the Act,
Commerce continues to find that critical circumstances exist with
respect to imports of subject merchandise for Fuzhou Hengli, all-other
producers and/or exporters, and the non-responsive companies, and do
not exist with respect to imports of subject merchandise for Jinhua
P&P. For a full description of the methodology and results of our
critical circumstances analysis, see the Issues and Decision
Memorandum.
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\7\ These companies are: (1) Ningbo Artcool Co., Ltd.; (2)
Ningbo Fenghua Yongfa Printing Stationery Co., Ltd.; (3) Zhejiang
Kingsun Eco-Pack Co., Ltd.; and (4) Zhejiang Lingrong Crafts Co.,
Ltd.
\8\ See Preliminary Determination PDM at 7.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received from interested
parties and our verification findings, we made certain changes to the
subsidy rate calculations for Fuzhou Hengli and Jinhua P&P. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or rates based entirely under section 776 of the Act. In this
investigation, Commerce calculated total net subsidy rates for Fuzhou
Hengli and Jinhua P&P that are not zero, de minimis, or based entirely
on the facts otherwise available. Because Commerce calculated
individual estimated countervailable subsidy rates for Fuzhou Hengli
and Jinhua P&P that are not zero, de minimis, or based entirely on the
facts otherwise available, we have calculated the all-others rate using
a weighted-average of the individual estimated subsidy rates calculated
for the examined respondents using each company's publicly-ranged sales
values.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Fuzhou Hengli Paper Co., Ltd............................ 11.38
Jinhua P&P Product Co., Ltd............................. 4.47
Ningbo Artcool Co., Ltd................................. * 295.08
Ningbo Fenghua Yongfa Printing Stationery Co., Ltd...... * 295.08
Zhejiang Kingsun Eco-Pack Co., Ltd...................... * 295.08
Zhejiang Lingrong Crafts Co., Ltd....................... * 295.08
All Others.............................................. 10.61
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* Rate based on AFA.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with this final determination within five days
of its public announcement, or if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise from China that were entered, or withdrawn from
warehouse, for consumption, on or after July 1, 2024, the date of
publication of the Preliminary Determination in the Federal
Register.\9\ Because we preliminarily determined that critical
circumstances existed with respect to Fuzhou Hengli, the non-responsive
companies, and companies covered by the all-others rate, we instructed
CBP to suspend such entries on or after April 2, 2024, which is 90 days
prior to the date of the publication of the Preliminary Determination
in the Federal Register. In accordance with section 703(d) of the Act,
we instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse, on
or after October 29, 2024, but to continue the suspension of
liquidation of all entries of subject merchandise that were subject to
suspension of liquidation between April 2, 2024, and October 28, 2024.
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\9\ See Preliminary Determination, 89 FR at 54433.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for entries of subject merchandise in the amounts indicated above. If
the ITC determines that material injury, or threat of material injury,
does not exist, this proceeding will be terminated, and all estimated
duties deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of paper plates
from China. Because the final determination is affirmative, in
accordance with section 705(b) 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 plates from China no later than 45 days after our
final determination. In addition, we are making available to the ITC
all non-privileged and nonproprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will
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not disclose such information, either publicly or under an
administrative protective order (APO), without the written consent of
the Assistant Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing 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 ``Suspension of
Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an 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/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 violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise subject to this investigation is certain paper
plates. Paper plates subject to this investigation may be cut from
rolls, sheets, or other pieces of paper and/or paper board. Paper
plates subject to this investigation have a depth up to and
including two (2.0) inches, as measured vertically from the base to
the top of the lip, or the edge if the plate has no lip. Paper
plates subject to this investigation may be uncolored, white,
colored, or printed. Printed paper plates subject to this
investigation may have any type of surface finish, and may be
printed by any means with images, text and/or colors on one or both
surfaces. Colored paper plates subject to this investigation may be
colored by any method, including but not limited to printing,
beater-dyeing, and dip-dyeing. Paper plates subject to this
investigation may be produced from paper of any type (including, but
not limited to, bamboo, straws, bagasse, hemp, kenaf, jute, sisal,
abaca, cotton inters and reeds, or from non-plant sources, such as
synthetic resin (petroleum)-based resins), may have any caliper or
basis weight, may have any shape or size, may have one or more than
one section, may be embossed, may have foil or other substances
adhered to their surface, and/or may be uncoated or coated with any
type of coating.
The paper plates subject to this investigation remain covered by
the scope of this investigation whether imported alone, or in any
combination of subject and non-subject merchandise. When paper
plates subject to this investigation are imported in combination
with non-subject merchandise, only the paper plates subject to this
investigation are subject merchandise.
The paper plates subject to this investigation include paper
plates matching the above description that have been finished,
packaged, or otherwise processed in a third country by performing
finishing, packaging, or processing that would not otherwise remove
the merchandise from the scope of the investigation if performed in
the country of manufacture of the paper plates. Examples of
finishing, packaging, or other processing in a third country that
would not otherwise remove the merchandise from the scope of the
investigation if performed in the country of manufacture of the
paper plates include, but are not limited to, printing, application
of other surface treatments such as coatings, repackaging,
embossing, and application of foil surface treatments.
Excluded from the scope of this investigation are paper plates
molded or pressed directly from paper pulp (including but not
limited to unfelted pulp), which are currently classifiable under
subheading 4823.70.0020 of the Harmonized Tariff Schedule of the
United States (HTSUS).
Also excluded from the scope of this investigation are articles
that otherwise would be covered but which exhibit the following two
physical characteristics: (a) depth (measured vertically from the
base to the top of the lip, or edge if no lip) equal to or greater
than 1.25 inches but less than two (2.0) inches, and (b) a base not
exceeding five (5.0) inches in diameter if round, or not exceeding
20 square inches in area if any other shape.
Also excluded from the scope of this investigation are paper
bowls, paper buckets, and paper food containers with closeable lids.
Paper plates subject to this investigation are currently
classifiable under HTSUS subheading 4823.69.0040. Paper plates
subject to this investigation also may be classified under HTSUS
subheading 4823.61.0040. If packaged with other articles, the paper
plates subject to this investigation also may be classified under
HTSUS subheadings 9505.90.4000 and 9505.90.6000. While the HTSUS
subheading(s) are provided for convenience and customs purposes, the
written description of the subject merchandise is dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Final Determination of Critical Circumstances, in Part
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Countervailability of Policy Loans to the Paper Plate
Industry
Comment 2: Countervailability of the Enterprise Income Tax (EIT)
Law Research and Development (R&D) Program
Comment 3: Countervailability of the Provision of Electricity
for Less Than Adequate Remuneration (LTAR)
Comment 4: Appropriate Electricity Benchmark
Comment 5: Appropriate Denominator for Other Subsidy Programs
Comment 6: Countervailability of Other Subsidies
Comment 7: Whether Commerce Should Modify its Adverse Facts
Available (AFA) Rate Selection Methodology
Comment 8: Whether Commerce Should Apply AFA Regarding the
Export Buyer's Credits Program (EBCP)
Comment 9: Whether To Apply AFA to the Provision of Land-Use
Rights for LTAR
VIII. Recommendation
[FR Doc. 2025-01808 Filed 1-27-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 28, 2025.
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