Notice2025-24033
Polypropylene Corrugated Boxes From the Socialist Republic of Vietnam: 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
Primary source
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Published
December 31, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that polypropylene corrugated boxes from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2024, through December 31, 2024. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 90 Issue 247 (Wednesday, December 31, 2025)</title>
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[Federal Register Volume 90, Number 247 (Wednesday, December 31, 2025)]
[Notices]
[Pages 61377-61380]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24033]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-850]
Polypropylene Corrugated Boxes From the Socialist Republic of
Vietnam: 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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that polypropylene corrugated boxes from the Socialist
Republic of Vietnam (Vietnam) are being, or are likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is July 1, 2024, through December 31, 2024.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable December 31, 2025.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, 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) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 14,
2025.\1\ On August 12, 2025, Commerce postponed the preliminary
determination of this investigation.\2\ Due to the lapse in
appropriations and Federal Government shutdown, on November 14, 2025,
Commerce tolled all deadlines in administrative proceedings by 47
days.\3\ Additionally, due to a backlog of documents that were
electronically filed via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS)
during the Federal Government shutdown, on November 24, 2025, Commerce
tolled all deadlines in administrative proceedings by an additional 21
days.\4\ Accordingly, the deadline for this preliminary determination
is now December 22, 2025.
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\1\ See Polypropylene Corrugated Boxes from the People's
Republic of China and the Socialist Republic of Vietnam: Initiation
of Less-Than-Fair-Value Investigations, 90 FR 15544 (April 14, 2025)
(Initiation Notice).
\2\ See Polypropylene Corrugated Boxes from the Socialist
Republic of Vietnam: Postponement of Preliminary Determination in
the Less-Than-Fair-Value Investigation, 90 FR 38735 (August 12,
2025).
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\5\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via 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 Preliminary
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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Polypropylene Corrugated Boxes from the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are polypropylene
corrugated boxes from Vietnam. For a complete description of the scope
of this investigation, see Appendix I.
[[Page 61378]]
Scope Comments
In accordance with the Preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice.\8\ Accordingly, Commerce is not preliminarily
modifying the scope language as it appeared in the Initiation Notice.
See the scope in Appendix I to this notice.
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\7\ See Initiation Notice, 90 FR at 15544.
\8\ Id., 90 FR at 15548-49.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Because Vietnam is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act. Furthermore, pursuant to sections 776(a) and (b) of the
Act, Commerce preliminarily has relied upon facts otherwise available,
with adverse inferences, for the Vietnam-wide entity. For a full
description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist
with respect to imports of polypropylene corrugated boxes from Vietnam
for the Vietnam-wide entity but do not exist for mandatory respondent
Viet Nam Jia Bao Rui Company Limited (Jia Bao Rui). For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Preliminary Decision Memorandum.\9\
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\9\ See also Memorandum, ``Preliminary Critical Circumstances
Analysis Memorandum,'' dated concurrently with this notice.
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Combination Rates
In the Initiation Notice,\10\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\11\
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\10\ See Initiation Notice, 90 FR at 15547.
\11\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' April 5, 2005 (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated weighted-
Producer Exporter average dumping
margin (percent)
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Viet Nam Jia Bao Rui Company Viet Nam Jia Bao 94.41
Limited. Rui Company
Limited.
Vietnam-Wide Entity............ .................. * 130.58
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* This rate is based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary 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).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the verification report is issued in this
investigation. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\12\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\13\
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\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\14\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a
[[Page 61379]]
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.
Suspension of Liquidation and Cash Deposit Requirements
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise, as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted-average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) for
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
Vietnamese producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the Vietnam-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Vietnamese producer/exporter combination (or the Vietnam-wide
entity) that supplied that third-country exporter.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise from the Vietnam-wide entity. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
all unliquidated entries of merchandise from the Vietnam-wide entity
that were entered, or withdrawn from warehouse, for consumption on or
after the date which is 90 days before the publication of this notice.
These suspension of liquidation instructions will remain in effect
until further notice.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that a request by exporters for postponement of the final determination
be accompanied by a request for extension of provisional measures from
a four-month period to a period not more than six months in duration.
On December 19, 2025, pursuant to section 735(a)(2)(B) of the Act
and 19 CFR 351.210(b)(2)(i) and (ii), Jia Bao Rui requested that
Commerce postpone the final determination and that provisional measures
be extended to a period not to exceed six months.\16\ In accordance
with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary determination is affirmative; (2) the
requesting exporter accounts for a significant proportion of exports of
the subject merchandise; and (3) no compelling reasons for denial
exist, Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\16\ See Jia Bao Rui's Letter, ``JBR's Request to Postpone the
Final Determination,'' dated December 19, 2025.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination of sales at LTFV. If the final
determination is affirmative, the ITC will determine before the later
of 120 days after the date of this preliminary determination or 45 days
after the final determination whether imports of the subject
merchandise are materially injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: December 22, 2025.
Christopher Abbott,
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 merchandise covered by this investigation is polypropylene
corrugated boxes. Polypropylene corrugated boxes are boxes, bins,
totes, or other load-bearing containers made for holding goods, that
are made of corrugated polypropylene sheets, also known as
polypropylene hollow core sheets, polypropylene fluted sheets,
polypropylene twin wall sheets, or multi wall sheets. Such
polypropylene sheets are ``corrugated,'' ``fluted,'' or ``hollow
core,'' meaning the inside of the sheet contains channels or pockets
of air which make the sheets lightweight, while retaining strength
and durability. Polypropylene corrugated boxes are typically
produced from a plastic resin consisting of 50 percent or more
polypropylene. Polypropylene corrugated boxes are covered by the
scope irrespective of the particular mix of polypropylene homo-
polymer, polypropylene co-polymer, recycled or virgin polypropylene,
or ancillary chemicals such as electrostatic agents or flame
retardants. Polypropylene corrugated boxes are formed by corrugated
polypropylene sheets cut to length, die-cut into specific box
shapes, and may be cut or scored to allow each side of the box to be
folded into shape. Polypropylene corrugated boxes may include a tab
or attached portion of polypropylene corrugated sheet (commonly
referred to as a ``manufacturer's joint'') that has been cut,
slotted, or scored to facilitate the formation of the box by
stapling, gluing, welding, or taping the sides together to form a
tight seal. One-piece polypropylene corrugated boxes are die-cut or
otherwise formed so that the top, bottom, and sides form a single,
contiguous unit. Two-piece polypropylene corrugated boxes are those
with a folded bottom and a folded top as separate pieces. Multi-
piece polypropylene corrugated boxes are those with separate bottoms
and tops that are fitted to a single folded piece comprising the
sides of the box. Polypropylene corrugated boxes may be printed with
ink or digital designs.
The subject merchandise includes polypropylene corrugated boxes
with or without handles, with or without lids or tops, with or
without reinforcing wire, whether in a one-piece, two-piece, or
multi-piece configuration, and whether folded into shape or in an
unfolded form. The subject merchandise includes all polypropylene
corrugated boxes regardless of size, shape, or dimension. The
subject merchandise also includes polypropylene corrugated box lids
or tops when imported separately from polypropylene corrugated
boxes.
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The products subject to this investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under statistical reporting number 3923.10.9000. Although
the HTSUS statistical reporting number is provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Preliminary Affirmative Determination of Critical Circumstances,
In Part
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025-24033 Filed 12-30-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 31, 2025.
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.