Laminated Woven Sacks From the Socialist Republic of Vietnam: Antidumping Duty and Countervailing Duty Orders, 25753-25755 [2019-11579]

Download as PDF Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices 1701.99.5050, and 1702.90.4000. The tariff classification is provided for convenience and customs purposes; however, the written description of the scope of this amended AD Agreement is dispositive.7 Analysis In the Preliminary Results, we determined that the respondents selected for individual examination, Grupo Zucarmex and Grupo Beta San Miguel, were in compliance with the amended AD Agreement. The issues raised in the case briefs and rebuttal briefs are addressed in the Issues and Decision Memorandum and the accompanying business proprietary memorandum.8 The issues are identified in the Appendix to this notice. 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 http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://trade.gov/ enforcement/frn/index.html. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content. khammond on DSKBBV9HB2PROD with NOTICES Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO 7 For a complete description of the Scope of the Suspension Agreement, see Memorandum from P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations for Enforcement and Compliance: ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, as Amended, for the period October 1, 2017, through November 30, 2017, dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). 8 See Issues and Decision Memorandum; Memorandum from P. Lee Smith entitled ‘‘Summary of Proprietary Information in the Issues and Decisions Memorandum for the Final Results of the Administrative Review for the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, as Amended, for the period October 1, 2017, through November 30, 2017.’’ VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5). Dated: May 29, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Issues and Decision Memorandum I. Summary II. Scope of the Review III. Background IV. Discussion of the Issues Issue 1: Alleged Violations of the Amended AD Agreement A. Alleged Violations With Respect to Certain Sales B. Erroneous Categorizations of Sales C. Compliance With Mathematical Requirements in the Amended AD Agreement Issue 2: Enforcement of the Amended AD Agreement [FR Doc. 2019–11602 Filed 6–3–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–823, C–552–824] Laminated Woven Sacks From the Socialist Republic of Vietnam: Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the antidumping duty (AD) and countervailing duty (CVD) orders on laminated woven sacks (LWS) from the Socialist Republic of Vietnam (Vietnam). DATES: Applicable June 4, 2019. FOR FURTHER INFORMATION CONTACT: Drew Jackson (AD order), Celeste Chen (AD order), Thomas Martin (CVD order), or Ariela Garvett (CVD order), AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406, (202) 482–0890, (202) 482–3936, or (202) 482–3609, respectively. AGENCY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 25753 SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act), on April 11, 2019, Commerce published its affirmative final determination of sales at less-thanfair-value (LTFV) and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of LWS from Vietnam.1 On May 23, 2019, the ITC notified Commerce of its final affirmative determination that an industry in the United States is materially injured by reason of LTFV imports and subsidized imports of LWS from Vietnam, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.2 Scope of the Orders The products covered by these orders are LWS from Vietnam. For a complete description of the scope of the orders, see the Appendix to this notice. AD Order On May 23, 2019, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of LWS from Vietnam that are sold in the United States at LTFV.3 Therefore, in accordance with section 735(c)(2) of the Act, we are issuing this AD order. Because the ITC determined that imports of LWS from Vietnam are materially injuring a U.S. industry, unliquidated entries of such merchandise from Vietnam, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties, as described below. As a result of the ITC’s final determination, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border 1 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 84 FR 14651 (April 11, 2019) (LTFV Final Determination); see also Laminated Woven Sacks from the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination, 84 FR 14647 (April 11, 2019) (CVD Final Determination). 2 See Letter to the Honorable Jeffrey Kessler, Assistant Secretary of Commerce for Enforcement and Compliance, from David S. Johanson, Chairman of the U.S. International Trade Commission, regarding antidumping and countervailing duty investigations concerning imports of laminated woven sacks from Vietnam (Investigation Nos. 701– TA–601 and 731–TA–1411 (Final)), dated May 23, 2019 (ITC Notification). 3 Id. E:\FR\FM\04JNN1.SGM 04JNN1 25754 Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the subject merchandise, for all relevant entries of LWS from Vietnam. Antidumping duties will be assessed on unliquidated entries of LWS from Vietnam entered, or withdrawn from warehouse, for consumption on or after October 11, 2018, the date of publication of the LTFV Preliminary Determination,4 but will not be assessed on entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determination as further described below. In accordance with section 736 of the Act, Commerce will instruct CBP to reinstitute suspension of liquidation on all relevant entries of LWS from Vietnam, effective on the date of publication of the ITC’s final affirmative injury determination in the Federal Register, and to assess, upon further instruction by Commerce pursuant to section 736(a)(1) of the Act, antidumping duties for each entry of the subject merchandise equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise. These instructions suspending liquidation will remain in effect until further notice. For each producer and exporter combination, Commerce will also instruct CBP to require cash deposits for estimated antidumping duties equal to the cash deposit rates listed below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as an importer of record would normally deposit estimated duties on the subject merchandise, cash deposits based on the rates listed below.5 As stated in the LTFV Final Determination, Commerce made certain adjustments for export subsidies from the CVD Final Determination to the estimated weighted-average dumping margin to determine each of the cash deposit rates. Estimated weightedaverage dumping margin (percent) Exporter Producer Duong Vinh Hoa Packaging Company Limited ............ C.P. Packaging (Vietnam) Industry Co., Ltd ................ Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Co. and Tan Dai Hung Plastic Joint Stock Company. TKMB Joint Stock Company ........................................ Trung Dong Corporation ............................................... Vietnam-Wide Entity 6 ................................................... Duong Vinh Hoa Packaging Company Limited ............ C.P. Packaging (Vietnam) Industry Co., Ltd ................ Tan Dai Hung d.b.a. Tan Dai Hung Joint Stock Co. and Tan Dai Hung Plastic Joint Stock Company. TKMB Joint Stock Company ........................................ Trung Dong Corporation ............................................... Vietnam-Wide Entity ..................................................... Provisional Measures—AD khammond on DSKBBV9HB2PROD with NOTICES Suspension of Liquidation—AD Section 733(d) of the Act states that suspension of liquidation instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request Commerce to extend that fourmonth period to no more than six months. At the request of Duong Vinh Hoa Packaging Company Limited, the exporter that accounts for a significant proportion of LWS from Vietnam, we extended the four-month period to six months.7 Commerce published its LTFV Preliminary Determination on October 11, 2018. Therefore, the extended period, beginning on the date of publication of the LTFV Preliminary Determination, ended on April 9, 2019. Pursuant to section 737(b) of the Act, the collection of cash deposits at the rates listed above will begin on the date of publication of the ITC’s final 4 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Preliminary Determination of Sales at Less Than Fair Value, 83 FR 51436 (October 11, 2018) (LTFV Preliminary Determination). 5 See section 736(a)(3) of the Act. VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 affirmative injury determination in the Federal Register. Therefore, in accordance with section 733(d) of the Act, Commerce instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of LWS from Vietnam entered, or withdrawn from warehouse, for consumption after April 9, 2019, the date on which the provisional measures expired, through the day preceding the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final affirmative injury determination in the Federal Register. CVD Order On May 23, 2019, in accordance with section 705(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 6 The Vietnam-wide entity includes Xinsheng Plastic Industry Co., Ltd. 7 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Postponement of Final Determination of Sales at Less than Fair Value Investigation, 83 FR 53452 (October 23, 2018). 8 See ITC Notification. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Cash deposit rate (percent) 109.46 109.46 109.46 108.33 108.33 108.33 109.46 109.46 292.61 108.33 108.33 291.48 705(b)(1)(A)(i) of the Act by reason of subsidized imports of LWS from Vietnam.8 Therefore, in accordance with section 705(c)(2) of the Act, we are issuing this CVD order. Because the ITC determined that imports of LWS from Vietnam are materially injuring a U.S. industry, unliquidated entries of such merchandise from Vietnam entered, or withdrawn from warehouse, for consumption are subject to the assessment of countervailing duties, as described below. As a result of the ITC’s final determination, in accordance with section 706(a)(1) of the Act, Commerce will direct CBP to assess, upon further instruction by Commerce, countervailing duties on all relevant entries of LWS from Vietnam entered, or withdrawn from warehouse, for consumption on or after August 13, 2018, the date of publication of the CVD Preliminary Determination 9 but will not be assessed on entries occurring after the expiration of the provisional measures period and before publication 9 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 39983 (August 13, 2018) (CVD Preliminary Determination). E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices of the ITC’s final affirmative injury determination as further described below. Suspension of Liquidation—CVD In accordance with section 706 of the Act, Commerce will instruct CBP to reinstitute suspension of liquidation on all relevant entries of LWS from Vietnam, effective on the date of publication of the ITC’s final affirmative injury determination in the Federal Register, and to assess, upon further instruction by Commerce, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on the subject merchandise, a cash deposit for each entry of subject merchandise equal to the subsidy rates listed below.10 The allothers rate applies to all producers or exporters not specifically listed below, as appropriate. Exporter/producer khammond on DSKBBV9HB2PROD with NOTICES Duong Vinh Hoa Packaging Company Limited .................. Xinsheng Plastic Industry Co., Ltd ......................................... All-Others .................................. Subsidy rate (percent) 3.02 198.87 3.02 Provisional Measures—CVD Section 703(d) of the Act states that suspension of liquidation instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published its CVD Preliminary Determination on August 13, 2018. Therefore, the provisional measures period, beginning on the date of publication of the CVD Preliminary Determination, ended on December 11, 2018. Pursuant to section 707(b) of the Act, the collection of cash deposits at the rate listed above will begin on the date of publication of the ITC’s final injury determination in the Federal Register. Therefore, in accordance with section 703(d) of the Act, Commerce instructed CBP to terminate the suspension of 10 See section 706(a)(3) of the Act. VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of LWS from Vietnam entered, or withdrawn from warehouse, for consumption on or after December 11, 2018, the date on which the provisional measures expired, through the day preceding the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Notification to Interested Parties This notice constitutes the AD and CVD orders with respect to LWS from Vietnam pursuant to sections 706(a) and 736(a) of the Act. Interested parties can find an updated list of orders currently in effect by either visiting http:// enforcement.trade.gov/stats/ iastats1.html. These orders are published in accordance with sections 706(a) and 736(a) of the Act, and 19 CFR 351.211(b). Dated: May 28, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Orders The merchandise covered by these orders is laminated woven sacks. Laminated woven sacks are bags consisting of one or more plies of fabric consisting of woven polypropylene strip and/or woven polyethylene strip, regardless of the width of the strip; with or without an extrusion coating of polypropylene and/or polyethylene on one or both sides of the fabric; laminated by any method either to an exterior ply of plastic film such as biaxially-oriented polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or any film suitable for printing, or to an exterior ply of paper; printed; displaying, containing, or comprising three or more visible colors (e.g., laminated woven sacks printed with three different shades of blue would be covered by the scope), not including the color of the woven fabric; regardless of the type of printing process used; with or without lining; with or without handles; with or without special closing features (including, but not limited to, closures that are sewn, glued, easy-open (e.g., tape or thread), re-closable (e.g., slider, hook and loop, zipper), hot-welded, adhesivewelded, or press-to-close); whether finished or unfinished (e.g., whether or not closed on one end and whether or not in roll form, including, but not limited to, sheets, lay-flat, or formed in tubes); not exceeding one kilogram in actual weight. Laminated woven sacks produced in the Socialist Republic of Vietnam are subject to the scope regardless of the country of origin of the fabric used to make the sack. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 25755 The scope of these orders excludes laminated woven sacks having each of the following physical characteristics: (1) No side greater than 24 inches, (2) weight less than 100 grams, (3) an open top that is neither sealable nor closable, the rim of which is hemmed or sewn around the entire circumference, (4) carry handles sewn on the open end, (5) side gussets, and (6) either a bottom gusset or a square or rectangular bottom. The excluded items with the abovementioned physical characteristics may be referred to as reusable shopping bags. Subject laminated woven sacks are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 6305.33.0040 and 6305.33.0080. If entered with plastic coating on both sides of the fabric consisting of woven polypropylene strip and/or woven polyethylene strip, laminated woven sacks may be classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If entered not closed on one end or in roll form (including, but not limited to, sheets, lay-flat tubing, and sleeves), laminated woven sacks may be classifiable under other HTSUS subheadings, including 3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or polyethylene strips making up the fabric measure more than 5 millimeters in width, laminated woven sacks may be classifiable under other HTSUS subheadings including 4601.99.0500,4601.99.9000, and 4602.90.0000. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. [FR Doc. 2019–11579 Filed 6–3–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–201–846] Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico (as Amended); Final Results of 2017 Administrative Review Enforcement & Compliance, International Trade Administration, Department of Commerce. DATES: June 4, 2019. SUMMARY: For the final results of this review the Department of Commerce (Commerce) continues to find that the Government of Mexico (GOM) and selected respondents Ingenio El Higo S.A. de C.V., Central El Potrero S.A. de C.V., Ingenio Melchor Ocampo S.A. de C.V., and Zucarmex S.A. de C.V. (and their affiliates) are in compliance with the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico (CVD Agreement), as amended on June 30, 2017 (collectively, amended CVD Agreement), for the AGENCY: E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25753-25755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11579]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-823, C-552-824]


Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Antidumping Duty and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing the antidumping duty (AD) and countervailing duty 
(CVD) orders on laminated woven sacks (LWS) from the Socialist Republic 
of Vietnam (Vietnam).

DATES: Applicable June 4, 2019.

FOR FURTHER INFORMATION CONTACT: Drew Jackson (AD order), Celeste Chen 
(AD order), Thomas Martin (CVD order), or Ariela Garvett (CVD order), 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4406, (202) 482-
0890, (202) 482-3936, or (202) 482-3609, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (the Act), on April 11, 2019, Commerce published its 
affirmative final determination of sales at less-than-fair-value (LTFV) 
and its affirmative final determination that countervailable subsidies 
are being provided to producers and exporters of LWS from Vietnam.\1\ 
On May 23, 2019, the ITC notified Commerce of its final affirmative 
determination that an industry in the United States is materially 
injured by reason of LTFV imports and subsidized imports of LWS from 
Vietnam, within the meaning of sections 705(b)(1)(A)(i) and 
735(b)(1)(A)(i) of the Act.\2\
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    \1\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Final Determination of Sales at Less Than Fair Value, 84 FR 
14651 (April 11, 2019) (LTFV Final Determination); see also 
Laminated Woven Sacks from the Socialist Republic of Vietnam: Final 
Affirmative Countervailing Duty Determination, 84 FR 14647 (April 
11, 2019) (CVD Final Determination).
    \2\ See Letter to the Honorable Jeffrey Kessler, Assistant 
Secretary of Commerce for Enforcement and Compliance, from David S. 
Johanson, Chairman of the U.S. International Trade Commission, 
regarding antidumping and countervailing duty investigations 
concerning imports of laminated woven sacks from Vietnam 
(Investigation Nos. 701-TA-601 and 731-TA-1411 (Final)), dated May 
23, 2019 (ITC Notification).
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Scope of the Orders

    The products covered by these orders are LWS from Vietnam. For a 
complete description of the scope of the orders, see the Appendix to 
this notice.

AD Order

    On May 23, 2019, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determination that an industry in 
the United States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act by reason of imports of LWS from Vietnam 
that are sold in the United States at LTFV.\3\ Therefore, in accordance 
with section 735(c)(2) of the Act, we are issuing this AD order. 
Because the ITC determined that imports of LWS from Vietnam are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Vietnam, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties, as 
described below.
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    \3\ Id.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and 
Border

[[Page 25754]]

Protection (CBP) to assess, upon further instruction by Commerce, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price or constructed export price of the 
subject merchandise, for all relevant entries of LWS from Vietnam. 
Antidumping duties will be assessed on unliquidated entries of LWS from 
Vietnam entered, or withdrawn from warehouse, for consumption on or 
after October 11, 2018, the date of publication of the LTFV Preliminary 
Determination,\4\ but will not be assessed on entries occurring after 
the expiration of the provisional measures period and before 
publication of the ITC's final affirmative injury determination as 
further described below.
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    \4\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Preliminary Determination of Sales at Less Than Fair Value, 
83 FR 51436 (October 11, 2018) (LTFV Preliminary Determination).
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Suspension of Liquidation--AD

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to reinstitute suspension of liquidation on all relevant entries of 
LWS from Vietnam, effective on the date of publication of the ITC's 
final affirmative injury determination in the Federal Register, and to 
assess, upon further instruction by Commerce pursuant to section 
736(a)(1) of the Act, antidumping duties for each entry of the subject 
merchandise equal to the amount by which the normal value of the 
merchandise exceeds the export price or constructed export price of the 
merchandise. These instructions suspending liquidation will remain in 
effect until further notice. For each producer and exporter 
combination, Commerce will also instruct CBP to require cash deposits 
for estimated antidumping duties equal to the cash deposit rates listed 
below.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as an importer of record would normally deposit estimated duties 
on the subject merchandise, cash deposits based on the rates listed 
below.\5\ As stated in the LTFV Final Determination, Commerce made 
certain adjustments for export subsidies from the CVD Final 
Determination to the estimated weighted-average dumping margin to 
determine each of the cash deposit rates.
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    \5\ See section 736(a)(3) of the Act.

----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated
                                                                                     weighted-
                  Exporter                                 Producer                   average      Cash deposit
                                                                                  dumping margin  rate (percent)
                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
Duong Vinh Hoa Packaging Company Limited...  Duong Vinh Hoa Packaging Company             109.46          108.33
                                              Limited.
C.P. Packaging (Vietnam) Industry Co., Ltd.  C.P. Packaging (Vietnam) Industry            109.46          108.33
                                              Co., Ltd.
Tan Dai Hung d.b.a. Tan Dai Hung Joint       Tan Dai Hung d.b.a. Tan Dai Hung             109.46          108.33
 Stock Co. and Tan Dai Hung Plastic Joint     Joint Stock Co. and Tan Dai Hung
 Stock Company.                               Plastic Joint Stock Company.
TKMB Joint Stock Company...................  TKMB Joint Stock Company...........          109.46          108.33
Trung Dong Corporation.....................  Trung Dong Corporation.............          109.46          108.33
Vietnam-Wide Entity \6\....................  Vietnam-Wide Entity................          292.61          291.48
----------------------------------------------------------------------------------------------------------------

Provisional Measures--AD

    Section 733(d) of the Act states that suspension of liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not remain in effect for more than four months, 
except where exporters representing a significant proportion of exports 
of the subject merchandise request Commerce to extend that four-month 
period to no more than six months. At the request of Duong Vinh Hoa 
Packaging Company Limited, the exporter that accounts for a significant 
proportion of LWS from Vietnam, we extended the four-month period to 
six months.\7\ Commerce published its LTFV Preliminary Determination on 
October 11, 2018. Therefore, the extended period, beginning on the date 
of publication of the LTFV Preliminary Determination, ended on April 9, 
2019. Pursuant to section 737(b) of the Act, the collection of cash 
deposits at the rates listed above will begin on the date of 
publication of the ITC's final affirmative injury determination in the 
Federal Register.
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    \6\ The Vietnam-wide entity includes Xinsheng Plastic Industry 
Co., Ltd.
    \7\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Postponement of Final Determination of Sales at Less than 
Fair Value Investigation, 83 FR 53452 (October 23, 2018).
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    Therefore, in accordance with section 733(d) of the Act, Commerce 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of LWS from Vietnam entered, or withdrawn from warehouse, for 
consumption after April 9, 2019, the date on which the provisional 
measures expired, through the day preceding the date of publication of 
the ITC's final affirmative injury determination in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final affirmative injury determination in the 
Federal Register.

CVD Order

    On May 23, 2019, in accordance with section 705(d) of the Act, the 
ITC notified Commerce of its final determination that an industry in 
the United States is materially injured within the meaning of section 
705(b)(1)(A)(i) of the Act by reason of subsidized imports of LWS from 
Vietnam.\8\ Therefore, in accordance with section 705(c)(2) of the Act, 
we are issuing this CVD order. Because the ITC determined that imports 
of LWS from Vietnam are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Vietnam entered, or 
withdrawn from warehouse, for consumption are subject to the assessment 
of countervailing duties, as described below.
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    \8\ See ITC Notification.
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    As a result of the ITC's final determination, in accordance with 
section 706(a)(1) of the Act, Commerce will direct CBP to assess, upon 
further instruction by Commerce, countervailing duties on all relevant 
entries of LWS from Vietnam entered, or withdrawn from warehouse, for 
consumption on or after August 13, 2018, the date of publication of the 
CVD Preliminary Determination \9\ but will not be assessed on entries 
occurring after the expiration of the provisional measures period and 
before publication

[[Page 25755]]

of the ITC's final affirmative injury determination as further 
described below.
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    \9\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Determination with Final Antidumping Duty 
Determination, 83 FR 39983 (August 13, 2018) (CVD Preliminary 
Determination).
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Suspension of Liquidation--CVD

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute suspension of liquidation on all relevant entries of 
LWS from Vietnam, effective on the date of publication of the ITC's 
final affirmative injury determination in the Federal Register, and to 
assess, upon further instruction by Commerce, pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates for the subject merchandise. These instructions 
suspending liquidation will remain in effect until further notice. 
Commerce will also instruct CBP to require cash deposits equal to the 
amounts as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determination, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on the subject merchandise, a cash deposit for each 
entry of subject merchandise equal to the subsidy rates listed 
below.\10\ The all-others rate applies to all producers or exporters 
not specifically listed below, as appropriate.
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    \10\ See section 706(a)(3) of the Act.

------------------------------------------------------------------------
                                                               Subsidy
                     Exporter/producer                           rate
                                                              (percent)
------------------------------------------------------------------------
Duong Vinh Hoa Packaging Company Limited...................         3.02
Xinsheng Plastic Industry Co., Ltd.........................       198.87
All-Others.................................................         3.02
------------------------------------------------------------------------

Provisional Measures--CVD

    Section 703(d) of the Act states that suspension of liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not remain in effect for more than four months. 
Commerce published its CVD Preliminary Determination on August 13, 
2018. Therefore, the provisional measures period, beginning on the date 
of publication of the CVD Preliminary Determination, ended on December 
11, 2018. Pursuant to section 707(b) of the Act, the collection of cash 
deposits at the rate listed above will begin on the date of publication 
of the ITC's final injury determination in the Federal Register.
    Therefore, in accordance with section 703(d) of the Act, Commerce 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of LWS from Vietnam entered, or withdrawn from warehouse, for 
consumption on or after December 11, 2018, the date on which the 
provisional measures expired, through the day preceding the date of 
publication of the ITC's final affirmative injury determination in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final affirmative injury determination in the 
Federal Register.

Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to LWS 
from Vietnam pursuant to sections 706(a) and 736(a) of the Act. 
Interested parties can find an updated list of orders currently in 
effect by either visiting http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with sections 706(a) and 
736(a) of the Act, and 19 CFR 351.211(b).

    Dated: May 28, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by these orders is laminated woven 
sacks. Laminated woven sacks are bags consisting of one or more 
plies of fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, regardless of the width of the strip; with or 
without an extrusion coating of polypropylene and/or polyethylene on 
one or both sides of the fabric; laminated by any method either to 
an exterior ply of plastic film such as biaxially-oriented 
polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or 
any film suitable for printing, or to an exterior ply of paper; 
printed; displaying, containing, or comprising three or more visible 
colors (e.g., laminated woven sacks printed with three different 
shades of blue would be covered by the scope), not including the 
color of the woven fabric; regardless of the type of printing 
process used; with or without lining; with or without handles; with 
or without special closing features (including, but not limited to, 
closures that are sewn, glued, easy-open (e.g., tape or thread), re-
closable (e.g., slider, hook and loop, zipper), hot-welded, 
adhesive-welded, or press-to-close); whether finished or unfinished 
(e.g., whether or not closed on one end and whether or not in roll 
form, including, but not limited to, sheets, lay-flat, or formed in 
tubes); not exceeding one kilogram in actual weight. Laminated woven 
sacks produced in the Socialist Republic of Vietnam are subject to 
the scope regardless of the country of origin of the fabric used to 
make the sack.
    The scope of these orders excludes laminated woven sacks having 
each of the following physical characteristics: (1) No side greater 
than 24 inches, (2) weight less than 100 grams, (3) an open top that 
is neither sealable nor closable, the rim of which is hemmed or sewn 
around the entire circumference, (4) carry handles sewn on the open 
end, (5) side gussets, and (6) either a bottom gusset or a square or 
rectangular bottom. The excluded items with the above-mentioned 
physical characteristics may be referred to as reusable shopping 
bags.
    Subject laminated woven sacks are currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
6305.33.0040 and 6305.33.0080. If entered with plastic coating on 
both sides of the fabric consisting of woven polypropylene strip 
and/or woven polyethylene strip, laminated woven sacks may be 
classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 
3923.29.0000. If entered not closed on one end or in roll form 
(including, but not limited to, sheets, lay-flat tubing, and 
sleeves), laminated woven sacks may be classifiable under other 
HTSUS subheadings, including 3917.39.0050, 3921.90.1100, 
3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or 
polyethylene strips making up the fabric measure more than 5 
millimeters in width, laminated woven sacks may be classifiable 
under other HTSUS subheadings including 4601.99.0500,4601.99.9000, 
and 4602.90.0000. Although HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope is dispositive.

[FR Doc. 2019-11579 Filed 6-3-19; 8:45 am]
BILLING CODE 3510-DS-P