Notice2026-10109
Polypropylene Corrugated Boxes From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances
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
May 20, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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.
Full Text
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<title>Federal Register, Volume 91 Issue 97 (Wednesday, May 20, 2026)</title>
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[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)]
[Notices]
[Pages 29457-29459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10109]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-850]
Polypropylene Corrugated Boxes From the Socialist Republic of
Vietnam: Final Affirmative Determination of Sales at Less Than Fair
Value, and Final Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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.
DATES: Applicable May 20, 2026.
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
On December 31, 2025, Commerce published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
polypropylene corrugated boxes from Vietnam, in which it also postponed
the final determination until May 15, 2026.\1\ We invited interested
parties to comment on the Preliminary Determination.\2\
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\1\ See 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, 90 FR 61377
(December 31, 2025) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ Id., 90 FR at 61378-79.
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A summary of the events that occurred since the Preliminary
Determination, as well as a full discussion of the issues raised by
interested 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/frnotices">https://access.trade.gov/frnotices</a>.
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative 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 (Issues and 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.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice.\6\ Commerce is not modifying the scope language as
it appeared in the Initiation Notice. See the scope in Appendix I to
this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 90 FR at 15544.
\6\ Id., 90 FR at 15548-49.
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Verification
In accordance with section 782(i) of the Tariff Act of 1930, as
amended (the Act), Commerce notified Viet Nam Jia Bao Rui Company
Limited (Jia Bao Rui) of its intent to verify the information relied
upon in making its final determination in this investigation.\7\
However, On January 13, 2026, Jia Bao Rui withdrew its participation
and refused verification.\8\ As such, Commerce was unable to verify the
information provided by Jia Bao Rui in this investigation.
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\7\ See Commerce's Letter, ``Verification Agenda for Viet Nam
Jia Bao Rui Company Limited,'' dated January 9, 2026.
\8\ See Jia Bao Rui's Letter, ``JBR's Withdrawal from Scheduled
On-Site Sales & Cost Verification,'' dated January 13, 2026.
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Analysis of Comments Received
The single issue raised in the case brief submitted by CoolSeal
USA, Inteplast Group, SeaCa Packaging, and Technology Container Corp.
(collectively, the petitioners) in this investigation is addressed in
the Issues and Decision Memorandum. No other interested parties filed
case or rebuttal briefs. A list of the topics discussed and the single
issue addressed in the Issues and Decision Memorandum is attached to
this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
interested parties for this final determination, we have determined
that Jia Bao Rui is no longer eligible for a separate rate and is part
of the Vietnam-wide entity. For a discussion of these changes, see the
Issues and Decision Memorandum.
Vietnam-Wide Entity and Use of Adverse Facts Available
Consistent with the Preliminary Determination, Commerce continues
to find, pursuant to sections 776(a) and (b) of the Act, that the use
of facts otherwise available, with adverse inferences (AFA), is
warranted in determining the dumping rate for the Vietnam-wide entity.
For this final determination, there is no new information on the record
that would cause us to reconsider our preliminary decision.
Additionally, for this final determination, we find that Jia Bao Rui is
not eligible for a separate rate and therefore, is part of the Vietnam-
wide entity. As AFA, we assigned the rate of 130.58 percent to the
Vietnam-wide entity.\9\ For a full description of the methodology
underlying Commerce's final determination, see the Issues and Decision
Memorandum.
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\9\ See Preliminary Determination, 90 FR at 61378.
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Final Affirmative Determination of Critical Circumstances
Commerce preliminarily determined, in accordance with section
733(e) of the Act and 19 CFR 351.206(c)(1), that critical circumstances
existed with respect to imports of polypropylene corrugated boxes from
Vietnam for the Vietnam-wide entity but did not exist for Jia Bao
Rui.\10\
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\10\ Id., 90 FR at 61378.
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For the final determination, pursuant to sections 735(a)(3)(B) of
the Act and 19 CFR 351.206, we are continuing to find that critical
circumstances exist for the Vietnam-wide entity, which now includes Jia
Bao Rui. In finding that critical circumstances exist for the Vietnam-
wide entity, we relied on facts otherwise available, including with
adverse inferences, pursuant to sections 776(a) and (b) of the Act. For
a full description of the methodology and results of Commerce's
critical circumstances analysis, see the Issues and Decision
Memorandum.
Separate Rates
In the Preliminary Determination, we preliminarily granted a
separate rate to
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Jia Bao Rui.\11\ However, because we were unable to verify the
information submitted by Jia Bao Rui, including the information related
to its eligibility for a separate rate, we find this information
unreliable. Therefore, we determine that Jia Bao Rui is not eligible
for a separate rate.
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\11\ See Preliminary Determination PDM at 11.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margin exists:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Vietnam-Wide Entity........................................ * 130.58
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* Rate is based on facts available with adverse inferences.
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final determination within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final determination in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce finds that all Vietnamese
producers and exporters of polypropylene corrugated boxes are part of
the Vietnam-wide entity and continues to rely solely on the application
of AFA for the Vietnam-wide entity, there are no calculations to
disclose for this final determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue suspend
liquidation of all appropriate entries of subject merchandise, as
described in Appendix I of this notice from the Vietnam-wide entity
which were entered, or withdrawn from warehouse, for consumption on or
after October 2, 2025, which is 90 days before the date of publication
of the Preliminary Determination in the Federal Register. Further,
because we find that Jia Bao Rui now is part of the Vietnam-wide
entity, we will instruct CBP to modify the suspension of liquidation
ordered for Jia Bao Rui at the Preliminary Determination to apply to
unliquidated entries of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after October 2, 2025, which is 90
days before the date on which suspension of liquidation was first
ordered, consistent with section 735(c)(4)(B) of the Act.
Pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce will also
instruct CBP to require a cash deposit for estimated antidumping duties
for appropriate entries as follows: (1) for all Vietnamese producers/
exporters of subject merchandise, including Jia Bao Rui, the cash
deposit rate will be equal to the cash deposit rate listed for the
Vietnam-wide entity in the table above; and (2) for all third-country
exporters of the subject merchandise, the cash deposit rate is the cash
deposit rate applicable to the Vietnam-wide entity. These suspension of
liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV. 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.
Because the final determination in this proceeding is affirmative,
in accordance with section 735(b)(2) 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 polypropylene corrugated boxes from Vietnam no
later than 45 days after our final determination. If the ITC determines
that material injury or threat of material injury does not exist, the
proceeding will be terminated and all cash deposits will be refunded.
If the ITC determines that such injury does exist, Commerce intends to
issue an antidumping duty order, in accordance with section 736(a) of
the Act, directing CBP to assess, upon further instruction by Commerce,
antidumping 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 disposition 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 in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: May 15, 2026.
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
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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.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Application of Facts Available and Use of Adverse Inference
V. Final Affirmative Determination of Critical Circumstances
VI. Discussion of the Issue
Comment: Whether Commerce Should Apply AFA and Treat Jia Bao Rui
as a Part of the Vietnam-wide Entity
VII. Recommendation
[FR Doc. 2026-10109 Filed 5-19-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 20, 2026.
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