Notice2025-01810
Certain Paper Plates From the Socialist Republic of Vietnam: 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 Socialist Republic of Vietnam (Vietnam) during the period of investigation, 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 8258-8260]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01810]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-840]
Certain Paper Plates From the Socialist Republic of Vietnam:
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 Socialist Republic of
Vietnam (Vietnam) during the period of investigation, January 1, 2023,
through December 31, 2023.
DATES: Applicable January 28, 2025.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1785.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2024, Commerce published the 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 Socialist Republic of
Vietnam: Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and Alignment of Final Determination with Antidumping Duty
Determination, 89 FR 54429 (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 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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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Certain Paper Plates from the Socialist Republic of
Vietnam,'' 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
Vietnam. 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 in the Issues and
Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1920, 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 adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of AFA, see the Preliminary Determination, section
``Use of Facts Available and Adverse Inferences'' in the accompanying
Issues and Decision Memorandum.\5\
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\5\ Preliminary Determination PDM at 7-17.
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Verification
As provided in section 782(i) of the Act, between July 15 through
July 19, 2024, Commerce conducted verification of the subsidy
information reported by Go-Pak Paper Products Vietnam Limited (Go-
Pak).\6\ We used standard verification procedures, including an
examination of relevant accounting records and original source
documents provided by Go-Pak.
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\6\ See Memorandum, ``Verification of the Questionnaire
Responses of Go-Pak Paper Products Vietnam Co., Ltd.,'' dated August
1, 2024.
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Final Affirmative Determination of Critical Circumstances, in Part
In accordance with sections 703(e)(1) and 776(a) and 776(b) of the
Act and 19 CFR 351.206, Commerce continues to find that critical
circumstances exist with respect to imports of paper plates from
Vietnam for Xie Li Vietnam International Company Limited (Xie Li), the
non-responsive companies,\7\ and all other producers and exporters. In
addition, we continue to find that critical circumstances do not exist
with respect to imports of paper plates from Go-Pak. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Issues and Decision Memorandum.
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\7\ In addition to Xie Li, the mandatory respondent that timely
notified Commerce of its intent to withdraw from the investigation
following its response to the affiliation portion of the initial
questionnaire, there are four other non-responsive companies: (1)
Innovative Sonic Vietnam International; (2) Ningbo Changya Plastic
Vietnam Company; (3) Ningbo Changya Plastic Vietnam; and (4) SCG
Vietnam.
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Changes Since the Preliminary Determination
Based on our analysis of the information received during
[[Page 8259]]
verification, for this final determination, we made certain changes to
the countervailable subsidy rate calculations for Go-Pak and for all
other producers/exporters. 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 those exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates and any rates based entirely under
section 776 of the Act. In this investigation, Commerce calculated an
individual estimated countervailable subsidy rate for Go-Pak that is
not zero, de minimis, or based entirely under section 776 of the Act.
Because the individual estimated countervailable subsidy rate for Xie
Li and the four non-responsive companies is based entirely upon section
776 of the Act, Commerce is using the individual estimated subsidy rate
calculated for Go-Pak as the all-others rate.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period January 1, 2023, through December
31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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Go-Pak Paper Products Vietnam Co., Ltd.................. 5.53
Innovative Sonic Vietnam International.................. * 225.90
Ningbo Changya Plastic Vietnam Company.................. * 225.90
Ningbo Changya Plastic Vietnam.......................... * 225.90
SCG Vietnam............................................. * 225.90
Xie Li.................................................. * 225.90
All Others.............................................. 5.53
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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 Vietnam 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
for entries produced and/or exported by Go-Pak. Because we
preliminarily determined that critical circumstances existed with
respect to Xie Li, the four non-responsive companies, and all other
producers and/or exporters, we instructed CBP to suspend liquidation of
entries of subject merchandise from Vietnam that were entered, or
withdrawn from warehouse, for consumption, 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.
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 such entries of subject merchandise. 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 cancelled.
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 Vietnam. 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 Vietnam 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 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 countervailing duty 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 ``Continuation of 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
[[Page 8260]]
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 investigations 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
investigations 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. Determination of Critical Circumstances, in Part
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Properly Found That the Import Duty
Exemptions on Imported Raw Materials By Export Processing
Enterprises and Export Processing Zones Program Is Countervailable
Comment 2: Whether Commerce Properly Found That Import Duty
Exemptions on Imported Fixed Assets By Export Processing Enterprises
and Export Processing Zones Program is Countervailable
Comment 3: Whether Commerce Properly Applied Adverse Facts
Available (AFA) to the Three State-Owned Commercial Bank Programs
Comment 4: Whether Commerce Properly Found the Accelerated
Depreciation and Increases of Deductible Expense Tax Program Is
Countervailable
VIII. Recommendation
[FR Doc. 2025-01810 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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