Notice2026-10402
Certain Paper Shopping Bags From Colombia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order, 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
May 26, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On April 13, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Coalition for Fair Trade in Shopping Bags v. United States, Court No. 24-00157, sustaining in full the U.S. Department of Commerce (Commerce)'s remand redetermination pertaining to the final determination in the investigation of sales at less than fair value (LTFV) of certain paper shopping bags from Colombia covering the period of investigation (POI) April 1, 2022, through March 31, 2023. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's Final Determination, and that Commerce is amending the Final Determination and the resulting antidumping duty Order with respect to the estimated weighted-average dumping margin determined for Ditar, S.A. (Ditar), the sole respondent individually- reviewed in the underlying investigation and, as a consequence, the estimated weighted-average dumping margin determined for all other producers and exporters based on Ditar's margin.
Full Text
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<title>Federal Register, Volume 91 Issue 100 (Tuesday, May 26, 2026)</title>
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[Federal Register Volume 91, Number 100 (Tuesday, May 26, 2026)]
[Notices]
[Pages 30615-30616]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10402]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-805]
Certain Paper Shopping Bags From Colombia: Notice of Court
Decision Not in Harmony With the Final Determination of Antidumping
Investigation; Notice of Amended Final Determination; Notice of Amended
Antidumping Duty Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 13, 2026, the U.S. Court of International Trade (CIT)
issued its final judgment in Coalition for Fair Trade in Shopping Bags
v. United States, Court No. 24-00157, sustaining in full the U.S.
Department of Commerce (Commerce)'s remand redetermination pertaining
to the final determination in the investigation of sales at less than
fair value (LTFV) of certain paper shopping bags from Colombia covering
the period of investigation (POI) April 1, 2022, through March 31,
2023. Commerce is notifying the public that the CIT's final judgment is
not in harmony with Commerce's Final Determination, and that Commerce
is amending the Final Determination and the resulting antidumping duty
Order with respect to the estimated weighted-average dumping margin
determined for Ditar, S.A. (Ditar), the sole respondent individually-
reviewed in the underlying investigation and, as a consequence, the
estimated weighted-average dumping margin determined for all other
producers and exporters based on Ditar's margin.
DATES: Applicable April 23, 2026.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, 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) 482-5848.
SUPPLEMENTARY INFORMATION:
Background
On May 24, 2024, Commerce published its Final Determination in the
LTFV investigation of certain paper shopping bags from Colombia. On
July 18, 2024, Commerce subsequently published the AD Order \1\ on
certain paper shopping bags from Colombia.
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\1\ See Certain Paper Shopping Bags from Cambodia, Colombia,
India, Malaysia, Portugal, Taiwan, the People's Republic of China,
and the Socialist Republic of Vietnam: Antidumping Duty Orders, 89
FR 58334 (July 18, 2024) (AD Order).
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The Coalition for Fair Trade in Shopping Bags (Coalition or the
petitioner), appealed Commerce's Final Determination. On October 1,
2025, the CIT remanded the Final Determination to Commerce,\2\ finding
that Commerce improperly applied the knowledge test to determine
whether a sale made by Ditar should be treated as a home market or U.S.
sale.\3\
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\2\ See Coalition for Fair Trade in Shopping Bags v. United
States, Court No. 24-00157 (CIT October 1, 2025) (Remand Order),
Slip Op. 25-129 (CIT October 1, 2025) (Remand Opinion), and Court
No. 24-00157-MMB (CIT April 13, 2026 (Judgement).
\3\ See Remand Opinion at 12-13.
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[[Page 30616]]
In its Final Results Redetermination,\4\ Commerce reconsidered the
relevant portion of the record in consideration of the Remand Opinion
and Order and determined that Ditar maintained actual knowledge of its
customer's intent to resell the merchandise in the United States at the
time of sale.\5\ Accordingly, Commerce reclassified the sale in
question as a U.S. sale and recalculated the Final Determination margin
for Ditar.\6\ As a result of our calculations, Ditar's dumping margin
changed from 11.06 to 11.16 percent, and, consequently, the all-others
rate changed from 11.06 to 11.16 percent.\7\ As the litigants stated
that no party opposes the Final Results Redetermination, the CIT issued
a judgment sustaining Commerce's Final Results Redetermination on April
13, 2026.\8\
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\4\ See Certain Paper Shopping Bags from Colombia: Final
Affirmative Determination of Sales at Less Than Fair Value, 89 FR
45843 (May 24, 2024) (Final Determination), and accompanying Issues
and Decision Memorandum (IDM). See also Final Results of
Redetermination Pursuant to Court Remand in Coalition for Fair Trade
in Shopping Bags v. United States, Court No. 24-00157, Slip Op. 25-
129 (CIT October 1, 2025), dated March 13, 2026 (Final Results
Redetermination) available at <a href="https://access.trade.gov/FinalRemandRedetermination">https://access.trade.gov/FinalRemandRedetermination</a>.
\5\ See Final Results Redetermination at 11.
\6\ Id. at 14-15.
\7\ Id.
\8\ See Judgement.
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Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's April 13, 2026, judgment sustaining Commerce's Final Results
Redetermination constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Determination. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to Ditar and all other producers
and exporters as follows:
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\11\ See Final Determination and Order.
\12\ See Final Results Redetermination.
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Final determination Amended final
weighted-average determination weighted-
Exporter or producer dumping margin \11\ average dumping margin
(percent) \12\ (percent)
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Ditar S.A..................................................... 11.06 11.16
All Others.................................................... 11.06 11.16
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Amended AD Order
Pursuant to 735(c)(2) of the Act, Commerce shall ``issue an
antidumping duty order under section 736(a)'' of the Act when the final
determination is affirmative. As a result of this amended final
determination, Commerce is hereby amending the Order to revise the
estimated weighted-average dumping margins assigned to Ditar and all-
other producers and/or exporters of subject merchandise, as noted
above.
Cash Deposit Requirements
Because there are no superseding cash deposit rates (i.e., there
have been no final results published in a subsequent administrative
review) this notice will impact the current cash deposit rate for both
Ditar and for all other exporters or producers. Therefore, Commerce
will issue revised cash deposit instructions to U.S. Customs and Border
Protection for cash deposit rate for both Ditar and all-others
producers and exporters.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: May 20, 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.
[FR Doc. 2026-10402 Filed 5-22-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 26, 2026.
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