Certain Paper Shopping Bags From India and the People's Republic of China: Initiation of Countervailing Duty Investigations, 41380-41384 [2023-13521]
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
the merchandise; and (4) the cash
deposit rate for all other producers or
exporters is 2.40 percent.14 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
AD/CVD Operations, Offices IV and IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2254 or
(202) 482–0029, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On May 31, 2023, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of certain
paper shopping bags (paper bags) from
China and India filed in proper form on
behalf of the Coalition for Fair Trade in
Shopping Bags (the petitioner).1 The
CVD petitions were accompanied by
antidumping duty (AD) petitions
concerning imports of paper bags from
Cambodia, China, Colombia, India,
Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist
Republic of Vietnam.2
On June 2, 5, 6, and 13, 2023,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.3 On June 8, 9, and 15,
2023, the petitioner filed timely
responses to these requests for
additional information.4
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023–13520 Filed 6–23–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–918; C–570–153]
ddrumheller on DSK120RN23PROD with NOTICES1
Certain Paper Shopping Bags From
India and the People’s Republic of
China: Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable June 20, 2023.
FOR FURTHER INFORMATION CONTACT: Paul
Kebker (India) and Seth Brown (the
People’s Republic of China (China)),
AGENCY:
14 See
Order.
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1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Paper Shopping Bags
from Cambodia, China, Colombia, India, Malaysia,
Portugal, Taiwan, Turkey, and Vietnam,’’ dated
May 31, 2023 (Petitions). The members of the
Coalition for Fair Trade in Shopping Bags include
Novolex Holdings, LLC (Novolex) and the United
Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union (USW) (collectively, the
petitioner).
2 Id.
3 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Paper Shopping Bags
from Cambodia, the People’s Republic of China,
Colombia, India, Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist Republic of
Vietnam: Supplemental Questions,’’ dated June 2,
2023 (General Issues Questionnaire); ‘‘Petition for
the Imposition of Countervailing Duties on Imports
of Certain Paper Shopping Bags from the People’s
Republic of China: Supplemental Questions,’’ dated
June 5, 2023; and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain Paper
Shopping Bags from India: Supplemental
Questions,’’ dated June 6, 2023; see also
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated June 13, 2023 (June 13, 2023,
Memorandum).
4 See Petitioner’s Letters, ‘‘Certain Paper
Shopping Bags from Cambodia, China, Colombia,
India, Malaysia, Portugal, Taiwan, Turkey, and
Vietnam: Response of Petitioner to Volume I
Supplemental Questionnaire,’’ dated June 8, 2023
(First General Issues Supplement); ‘‘Countervailing
Duties on Imports of Certain Paper Shopping Bags
from China: Response of Petitioner to Volume XI
Supplemental Questionnaire,’’ dated June 9, 2023;
‘‘Countervailing Duties on Imports of Certain Paper
Shopping Bags from India: Response of Petitioner
to Volume XII Supplemental Questionnaire,’’ dated
June 9, 2023; and ‘‘Certain Paper Shopping Bags
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In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) and the
Government of India (GOI) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of paper
bags in China and India, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating CVD
investigations, the Petitions are
supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(F) of the Act.5
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigations.6
Periods of Investigation
Because the Petitions were filed on
May 31, 2023, the periods of
investigation (POI) for China and India
are January 1, 2022, through December
31, 2022.7
Scope of the Investigations
The product covered by these
investigations is paper bags from China
and India. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on Scope of the
Investigations
On June 2 and 13, 2023, Commerce
requested information from the
petitioner regarding the proposed scope
to ensure that the scope language in the
Petitions is an accurate reflection of the
products for which the domestic
industry is seeking relief.8 On June 8
and 15, 2023, the petitioner provided
from Cambodia, China, Colombia, India, Malaysia,
Portugal, Taiwan, Turkey, and Vietnam: Response
of Petitioner to Commerce’s Second Supplemental
Questions Concerning Volumes I, VI, IX, and X,’’
dated June 15, 2023 (Second General Issue
Supplement).
5 See Petitions at Volume I (pages 2–3). The
members of the Coalition for Fair Trade in
Shopping Bags (Novolex and the USW) are
interested parties, as defined in sections 771(9)(C)
and (D) of the Act, respectively.
6 See ‘‘Determination of Industry Support for the
Petitions’’ section, infra.
7 See 19 CFR 351.204(b)(2).
8 See General Issues Questionnaire; see also June
13, 2023, Memorandum at 2.
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
clarifications and revised the scope.9
The description of merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for parties to raise issues
regarding product coverage (i.e.,
scope).10 Commerce will consider all
scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information, all such
factual information should be limited to
public information.11 To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on July 10, 2023,
which is 20 calendar days from the
signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on July 20, 2023, which is
ten calendar days from the initial
comment deadline.
Commerce requests that any factual
information that the parties consider
relevant to the scope of the
investigations be submitted during that
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party may contact
Commerce and request permission to
submit the additional information. All
scope comments must also be filed on
the record of each of the concurrent AD
and CVD investigations.
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Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s (E&C) Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.12 An
9 See First General Issues Supplement at 2–7 and
Exhibit I–S5; see also Second General Issues
Supplement at 1 and Exhibit I–2S1.
10 See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
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electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC and the GOI of the receipt of
the Petitions and provided each an
opportunity for consultations with
respect to the Petitions.13 Commerce
held consultations with the GOI on June
9, 2023.14 The GOC did not request
consultations.
Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,15 they do so for different
13 See Commerce’s Letters, ‘‘Invitation for
Consultations on the China CVD Petition,’’ dated
June 1, 2023; and ‘‘Countervailing Duty Petition on
Certain Paper Shopping Bags from India: Invitation
for Consultations to Discuss the Countervailing
Duty Petition,’’ dated June 2, 2023.
14 See Memorandum, ‘‘Consultations with
Officials from the Government of India,’’ dated June
9, 2023.
15 See section 771(10) of the Act.
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41381
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.17 Based on our analysis
of the information submitted on the
record, we have determined that paper
bags, as defined in the scope, constitute
a single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.18
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided the 2022
production of paper bags for the U.S.
producers that support the Petitions and
compared this to the estimated total
2022 production of paper bags by the
U.S. industry.19 We relied on data
16 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
17 See Petitions at Volume I (pages 10–15 and
Exhibits I–10 through I–12); see also First General
Issues Supplement at 10.
18 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Commerce’s
Initiation Checklists, ‘‘Certain Paper Shopping Bags
from the People’s Republic of China’’ and ‘‘Certain
Paper Shopping Bags from India,’’ dated
concurrently with this notice (Country-Specific
CVD Initiation Checklists), at Attachment II
(Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Certain
Paper Shopping Bags from Cambodia, the People’s
Republic of China, Colombia, India, Malaysia,
Portugal, Taiwan, the Republic of Turkey, and the
Socialist Republic of Vietnam). These checklists are
on file electronically via ACCESS.
19 See Petitions at Volume I (pages 4–5 and
Exhibits I–2 through I–4); see also First General
Issues Supplement at 7–9 and Exhibits I–S6 through
I–S8.
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
provided by the petitioner for purposes
of measuring industry support.20
Our review of the data provided in the
Petitions, the First General Issues
Supplement, the Industry Support
Supplement, the Second General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.21
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).22 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.23 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.24 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 702(b)(1)
of the Act.25
Injury Test
Because China and India are
‘‘Subsidies Agreement Countries’’
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20 See
Petitions at Volume I (pages 2–5 and
Exhibits I–2 through I–4); see also First General
Issues Supplement at 7–9 and Exhibits I–S6 through
I–S8; Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Paper Shopping Bags
from Cambodia, China, Colombia, India, Malaysia,
Portugal, Taiwan, Turkey, and Vietnam—Industry
Support Calculation Revision,’’ dated June 9, 2023
(Industry Support Supplement), at Attachments A
and B; and Second General Issues Supplement at
2–3 and Exhibits I–2S2 through I–2S4. For further
discussion, see Attachment II of the CountrySpecific CVD Initiation Checklists.
21 See Petitions at Volume I (pages 2–5 and
Exhibits I–1 through I–4); see also First General
Issues Supplement at 7–9 and Exhibits I–S6 through
I–S8; Industry Support Supplement at 1–2 and
Attachments A and B; and Second General Issues
Supplement at 2–3 and Exhibits I–2S2 through I–
2S4. For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
22 See Attachment II of the Country-Specific CVD
Initiation Checklists; see also section 702(c)(4)(D) of
the Act.
23 See Attachment II of the Country-Specific CVD
Initiation Checklists.
24 Id.
25 Id.
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within the meaning of section 701(b) of
the Act, section 701(a)(2) of the Act
applies to these investigations.
Accordingly, the ITC must determine
whether imports of the subject
merchandise from China and/or India
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports from China
and India exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.26
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression and/or suppression;
lost sales and revenues; decline in the
domestic industry’s production,
capacity utilization, and U.S.
commercial shipments; and adverse
impact on the domestic industry’s
profitability and financial
performance.27 We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.28
Initiation of CVD Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating CVD investigations to
determine whether imports of paper
bags from China and India benefit from
countervailable subsidies conferred by
the GOC and GOI. In accordance with
section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
26 See Petitions at Volume I (pages 18–19 and
Exhibit I–15).
27 Id. at 16–31 and Exhibits I–6 and I–13 through
I–18; see also First General Issues Supplement at
10–12 and Exhibit I–S9.
28 See Country-Specific CVD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Paper Shopping Bags from
Cambodia, the People’s Republic of China,
Colombia, India, Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist Republic of
Vietnam.
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make our preliminary determinations no
later than 65 days after the date of these
initiations.
China
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 17 of 18 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate an investigation of each
program, see the China CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
India
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 12 of the 13 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate an investigation of each
program, see the India CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
Respondent Selection
The petitioner identified 26
companies in China and 18 companies
in India as producers and/or exporters
of paper bags.29 Commerce intends to
follow its standard practice in CVD
investigations and calculate companyspecific subsidy rates in these
investigations. In the event that
Commerce determines that the number
of companies is large, and it cannot
individually examine each company
based upon Commerce’s resources,
Commerce intends to select mandatory
respondents based on quantity and
value (Q&V) questionnaires issued to
the potential respondents. Commerce
normally selects mandatory respondents
in CVD investigations using U.S.
Customs and Border Protection (CBP)
entry data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings listed in the scope of the
investigations. However, for these
investigations, the main HTSUS
subheadings under which the subject
merchandise would enter (4819.30.0040
and 4819.40.0040) are basket categories
under which non-subject merchandise
may enter. Therefore, we cannot rely on
CBP entry data in selecting respondents.
Instead, we intend to issue Q&V
questionnaires to each potential
29 See Petitions at Volume I (Exhibit I–7); see also
First General Issues Supplement at Exhibit I–S2.
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respondent for which the petitioner has
provided a complete address.
Exporters/producers of paper bags
from China and India that do not receive
Q&V questionnaires by mail may still
submit a response to the Q&V
questionnaire and can obtain the Q&V
questionnaire from E&C’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Responses to the Q&V
questionnaire must be submitted by the
relevant Indian and Chinese producers/
exporters no later than 5:00 p.m. ET on
July 5, 2023, which is the next business
day after two weeks from the signature
date of this notice.30 All Q&V responses
must be filed electronically via
ACCESS. An electronically filed
document must be received
successfully, in its entirety, by ACCESS
no later than 5:00 p.m. ET on the
deadline noted above. Commerce
intends to finalize its decision regarding
respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petitions has been provided to the
GOC and GOI via ACCESS.
Furthermore, to the extent practicable,
Commerce will attempt to provide a
copy of the public version of the
Petitions to each exporter named in the
Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
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The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of paper bags from China and/or India
are materially injuring, or threatening
material injury to, a U.S. industry.31 A
negative ITC determination for either
country will result in the investigation
being terminated with respect to that
country.32 Otherwise, these CVD
investigations will proceed according to
statutory and regulatory time limits.
30 See 19 CFR 351.303(b)(1) (‘‘For both
electronically filed and manually filed documents,
if the applicable due date falls on a non-business
day, the Secretary will accept documents that are
filed on the next business day.’’). Two weeks from
the initiation of these investigation is July 4, 2023,
which is a Federal holiday.
31 See section 703(a)(1) of the Act.
32 Id.
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Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 33 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.34 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR
351.301.35 For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; Commerce will
grant untimely filed requests for the
extension of time limits only in limited
cases where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
33 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
35 See 19 CFR 351.302.
34 See
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Frm 00013
Fmt 4703
Sfmt 4703
41383
review Commerce’s regulations
concerning factual information prior to
submitting factual information in these
investigations.36
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.37
Parties must use the certification
formats provided in 19 CFR
351.303(g).38 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.39
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
Scope of the Investigations
The products within the scope of these
investigations are paper shopping bags with
handles of any type, regardless of whether
there is any printing, regardless of how the
top edges are finished (e.g., folded, serrated,
or otherwise finished), regardless of color,
and regardless of whether the top edges
contain adhesive or other material for sealing
closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at
least 2.5 inches.
Paper shopping bags typically are made of
kraft paper but can be made from any type
36 See 19 CFR 301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
37 See section 782(b) of the Act.
38 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
39 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\26JNN1.SGM
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41384
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per
square meter (GSM).
A non-exhaustive illustrative list of the
types of handles on shopping bags covered
by the scope include handles made from any
materials such as twisted paper, flat paper,
yarn, ribbon, rope, string, or plastic, as well
as die-cut handles (whether the punchout is
fully removed or partially attached as a flap).
Excluded from the scope are:
• Paper sacks or bags that are of a 1⁄6 or 1⁄7
barrel size (i.e., 11.5–12.5 inches in width,
6.5–7.5 inches in depth, and 13.5–17.5
inches in height) with flat paper handles or
die-cut handles;
• Paper sacks or bags with die-cut handles,
a grams per square meter paper weight of less
than 86 GSM, and a height of less than 11.5
inches; and
• Shopping bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric and (ii) that are
finished with folded tops or for which tied
knots or t-bar aglets (made of wood, metal,
or plastic) are used to secure the handles to
the bags.
The above-referenced dimensions are
provided for paper bags in the opened
position. The height of the bag is the distance
from the bottom fold edge to the top edge
(i.e., excluding the height of handles that
extend above the top edge). The depth of the
bag is the distance from the front of the bag
edge to the back of the bag edge (typically
measured at the bottom of the bag). The
width of the bag is measured from the left to
the right edges of the front and back panels
(upon which the handles typically are
located).
The merchandise is currently classifiable
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS
subheadings are provided for convenience
and customs purposes only; the written
description of the scope is dispositive.
[FR Doc. 2023–13521 Filed 6–23–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–873]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
Final Results of Antidumping Duty
Administrative Reviews of Goodluck
India Limited; 2017–2019 and 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Goodluck India Limited (Goodluck)
made sales of certain cold-drawn
mechanical tubing of carbon and alloy
steel (CDMT) from India in the United
States at prices below normal value
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
19:33 Jun 23, 2023
Jkt 259001
(NV) during the periods of review
(PORs) of November 22, 2017, through
May 31, 2019 (AR1) and June 1, 2019,
through May 31, 2020 (AR2).
DATES: Applicable June 26, 2023.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2243.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2022, Commerce
published the Preliminary Results of
these reviews in the Federal Register.1
We invited interested parties to
comment on the Preliminary Results.
Between January 26, 2023, and February
9, 2023, Commerce received timely-filed
briefs and rebuttal briefs from Goodluck
and from ArcelorMittal Tubular
Products LLC, Michigan Seamless Tube,
LLC, Plymouth Tube, PTC Alliance
Corp., Webco Industries, Inc., and
Zekelman Industries (collectively, the
petitioners).2
On April 12, 2023, we extended the
deadline for the final results, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213(h)(2) 3 until
June 16, 2023. On May 24, 2023,
Commerce held a hearing during which
parties presented arguments in their
case briefs.4
1 See
Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Preliminary
Results of Antidumping Duty Administrative
Reviews of Goodluck India Limited; 2017–2019 and
2019–2020; 87 FR 77793 (December 20, 2022)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum); see also
Certain Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from India: Notice of Second
Amended Final Determination; Notice of Amended
Order; Notice of Resumption of First and
Reinitiation of Second Antidumping Duty
Administrative Reviews; Notice of Opportunity for
Withdrawal; and Notice of Assessment in Third
Antidumping Duty Administrative Review, 86 FR
74069 (December 29, 2021) (AR1 Resumption and
AR2 Reinitiation Notice).
2 See Petitioners’ Letters, ‘‘Petitioners’ Case Brief
for Goodluck India Limited,’’ dated January 26,
2023; ‘‘Petitioners’ Case Brief for Goodluck India
Limited,’’ dated January 26, 2023; and Goodluck’s
Letters, ‘‘Goodluck Administrative Case Brief,’’
dated January 26, 2023; ‘‘Goodluck Administrative
Case Brief,’’ dated January 26, 2023. See also
Petitioners’ Letters, ‘‘Petitioners’ Rebuttal Brief for
Goodluck India Limited,’’ dated February 9, 2023;
‘‘Petitioners’ Rebuttal Brief for Goodluck India
Limited,’’ dated February 9, 2023; and Goodluck’s
Letters, ‘‘Goodluck Administrative Rebuttal Brief,’’
dated February 9, 2023; ‘‘Goodluck Administrative
Rebuttal Brief,’’ dated February 9, 2023.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2017–2019 and 2019–2020
Antidumping Duty Administrative Reviews for
Goodluck India Limited,’’ dated April 12, 2023.
4 See Hearing Transcript, ‘‘Public Hearing in the
Matter of the Administrative Review of the
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Based on an analysis of the comments
received, we did not make changes to
the weighted-average dumping margins
calculated for Goodluck. The weightedaverage dumping margins are listed in
the ‘‘Final Results of Review’’ section,
below. Commerce conducted these
reviews in accordance with section
751(a) of the Act.
Scope of the Order 5
The merchandise covered by the
Order is CDMT from India. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.6
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. 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 https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of
the comments received from parties, we
did not make changes to Goodluck’s
margin calculations. See the Issues and
Decision Memorandum.
Final Results of Reviews
We are assigning the following
weighted-average dumping margin to
Goodluck for the period November 22,
2017, through May 31, 2019:
Antidumping Duty Order on Cold-Drawn
Mechanical Tubing from India,’’ dated May 24,
2023.
5 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland:
Antidumping Duty Orders; and Amended Final
Determinations of Sales at Less Than Fair Value for
the People’s Republic of China and Switzerland, 83
FR 26962 (June 11, 2018) (Order).
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Reviews of
Goodluck India Limited: Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India 2017–2019 & 2019–2020,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\26JNN1.SGM
26JNN1
]]>Agencies
[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41380-41384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13521]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-918; C-570-153]
Certain Paper Shopping Bags From India and the People's Republic
of China: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 20, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Kebker (India) and Seth Brown
(the People's Republic of China (China)), AD/CVD Operations, Offices IV
and IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2254 or (202) 482-0029, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On May 31, 2023, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
certain paper shopping bags (paper bags) from China and India filed in
proper form on behalf of the Coalition for Fair Trade in Shopping Bags
(the petitioner).\1\ The CVD petitions were accompanied by antidumping
duty (AD) petitions concerning imports of paper bags from Cambodia,
China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of
Turkey, and the Socialist Republic of Vietnam.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Paper
Shopping Bags from Cambodia, China, Colombia, India, Malaysia,
Portugal, Taiwan, Turkey, and Vietnam,'' dated May 31, 2023
(Petitions). The members of the Coalition for Fair Trade in Shopping
Bags include Novolex Holdings, LLC (Novolex) and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union (USW) (collectively, the
petitioner).
\2\ Id.
---------------------------------------------------------------------------
On June 2, 5, 6, and 13, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ On June
8, 9, and 15, 2023, the petitioner filed timely responses to these
requests for additional information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Paper
Shopping Bags from Cambodia, the People's Republic of China,
Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey,
and the Socialist Republic of Vietnam: Supplemental Questions,''
dated June 2, 2023 (General Issues Questionnaire); ``Petition for
the Imposition of Countervailing Duties on Imports of Certain Paper
Shopping Bags from the People's Republic of China: Supplemental
Questions,'' dated June 5, 2023; and ``Petition for the Imposition
of Countervailing Duties on Imports of Certain Paper Shopping Bags
from India: Supplemental Questions,'' dated June 6, 2023; see also
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated
June 13, 2023 (June 13, 2023, Memorandum).
\4\ See Petitioner's Letters, ``Certain Paper Shopping Bags from
Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan,
Turkey, and Vietnam: Response of Petitioner to Volume I Supplemental
Questionnaire,'' dated June 8, 2023 (First General Issues
Supplement); ``Countervailing Duties on Imports of Certain Paper
Shopping Bags from China: Response of Petitioner to Volume XI
Supplemental Questionnaire,'' dated June 9, 2023; ``Countervailing
Duties on Imports of Certain Paper Shopping Bags from India:
Response of Petitioner to Volume XII Supplemental Questionnaire,''
dated June 9, 2023; and ``Certain Paper Shopping Bags from Cambodia,
China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and
Vietnam: Response of Petitioner to Commerce's Second Supplemental
Questions Concerning Volumes I, VI, IX, and X,'' dated June 15, 2023
(Second General Issue Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) and the Government of India (GOI) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of paper bags in China and India, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing in the United States. Consistent with section
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating CVD investigations, the Petitions are
supported by information reasonably available to the petitioner.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(F) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigations.\6\
---------------------------------------------------------------------------
\5\ See Petitions at Volume I (pages 2-3). The members of the
Coalition for Fair Trade in Shopping Bags (Novolex and the USW) are
interested parties, as defined in sections 771(9)(C) and (D) of the
Act, respectively.
\6\ See ``Determination of Industry Support for the Petitions''
section, infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on May 31, 2023, the periods of
investigation (POI) for China and India are January 1, 2022, through
December 31, 2022.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigations
The product covered by these investigations is paper bags from
China and India. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on Scope of the Investigations
On June 2 and 13, 2023, Commerce requested information from the
petitioner regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\8\ On June 8 and 15,
2023, the petitioner provided
[[Page 41381]]
clarifications and revised the scope.\9\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\8\ See General Issues Questionnaire; see also June 13, 2023,
Memorandum at 2.
\9\ See First General Issues Supplement at 2-7 and Exhibit I-S5;
see also Second General Issues Supplement at 1 and Exhibit I-2S1.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\10\ Commerce will consider all scope comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on July 10,
2023, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments, which may include factual information, must be
filed by 5:00 p.m. ET on July 20, 2023, which is ten calendar days from
the initial comment deadline.
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that the parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS), unless an
exception applies.\12\ An electronically filed document must be
received successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC and the GOI of the receipt of the Petitions and
provided each an opportunity for consultations with respect to the
Petitions.\13\ Commerce held consultations with the GOI on June 9,
2023.\14\ The GOC did not request consultations.
---------------------------------------------------------------------------
\13\ See Commerce's Letters, ``Invitation for Consultations on
the China CVD Petition,'' dated June 1, 2023; and ``Countervailing
Duty Petition on Certain Paper Shopping Bags from India: Invitation
for Consultations to Discuss the Countervailing Duty Petition,''
dated June 2, 2023.
\14\ See Memorandum, ``Consultations with Officials from the
Government of India,'' dated June 9, 2023.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
---------------------------------------------------------------------------
\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\17\ Based on our analysis of the information
submitted on the record, we have determined that paper bags, as defined
in the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\18\
---------------------------------------------------------------------------
\17\ See Petitions at Volume I (pages 10-15 and Exhibits I-10
through I-12); see also First General Issues Supplement at 10.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Commerce's Initiation Checklists, ``Certain Paper Shopping Bags
from the People's Republic of China'' and ``Certain Paper Shopping
Bags from India,'' dated concurrently with this notice (Country-
Specific CVD Initiation Checklists), at Attachment II (Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Certain Paper Shopping Bags from Cambodia, the
People's Republic of China, Colombia, India, Malaysia, Portugal,
Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam). These checklists are on file electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2022 production of paper bags for the U.S. producers that support the
Petitions and compared this to the estimated total 2022 production of
paper bags by the U.S. industry.\19\ We relied on data
[[Page 41382]]
provided by the petitioner for purposes of measuring industry
support.\20\
---------------------------------------------------------------------------
\19\ See Petitions at Volume I (pages 4-5 and Exhibits I-2
through I-4); see also First General Issues Supplement at 7-9 and
Exhibits I-S6 through I-S8.
\20\ See Petitions at Volume I (pages 2-5 and Exhibits I-2
through I-4); see also First General Issues Supplement at 7-9 and
Exhibits I-S6 through I-S8; Petitioner's Letter, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Certain Paper Shopping Bags from Cambodia, China, Colombia, India,
Malaysia, Portugal, Taiwan, Turkey, and Vietnam--Industry Support
Calculation Revision,'' dated June 9, 2023 (Industry Support
Supplement), at Attachments A and B; and Second General Issues
Supplement at 2-3 and Exhibits I-2S2 through I-2S4. For further
discussion, see Attachment II of the Country-Specific CVD Initiation
Checklists.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the First General
Issues Supplement, the Industry Support Supplement, the Second General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\21\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\22\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\23\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\24\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\25\
---------------------------------------------------------------------------
\21\ See Petitions at Volume I (pages 2-5 and Exhibits I-1
through I-4); see also First General Issues Supplement at 7-9 and
Exhibits I-S6 through I-S8; Industry Support Supplement at 1-2 and
Attachments A and B; and Second General Issues Supplement at 2-3 and
Exhibits I-2S2 through I-2S4. For further discussion, see Attachment
II of the Country-Specific CVD Initiation Checklists.
\22\ See Attachment II of the Country-Specific CVD Initiation
Checklists; see also section 702(c)(4)(D) of the Act.
\23\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\24\ Id.
\25\ Id.
---------------------------------------------------------------------------
Injury Test
Because China and India are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from China and/or
India materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China and India exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\26\
---------------------------------------------------------------------------
\26\ See Petitions at Volume I (pages 18-19 and Exhibit I-15).
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; decline in the domestic
industry's production, capacity utilization, and U.S. commercial
shipments; and adverse impact on the domestic industry's profitability
and financial performance.\27\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\28\
---------------------------------------------------------------------------
\27\ Id. at 16-31 and Exhibits I-6 and I-13 through I-18; see
also First General Issues Supplement at 10-12 and Exhibit I-S9.
\28\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Certain Paper Shopping Bags from Cambodia, the
People's Republic of China, Colombia, India, Malaysia, Portugal,
Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of paper bags from China and India benefit from
countervailable subsidies conferred by the GOC and GOI. In accordance
with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than 65
days after the date of these initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 17 of 18
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
China CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 12 of the 13
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
India CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
Respondent Selection
The petitioner identified 26 companies in China and 18 companies in
India as producers and/or exporters of paper bags.\29\ Commerce intends
to follow its standard practice in CVD investigations and calculate
company-specific subsidy rates in these investigations. In the event
that Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, Commerce intends to select mandatory respondents based on
quantity and value (Q&V) questionnaires issued to the potential
respondents. Commerce normally selects mandatory respondents in CVD
investigations using U.S. Customs and Border Protection (CBP) entry
data for U.S. imports under the appropriate Harmonized Tariff Schedule
of the United States (HTSUS) subheadings listed in the scope of the
investigations. However, for these investigations, the main HTSUS
subheadings under which the subject merchandise would enter
(4819.30.0040 and 4819.40.0040) are basket categories under which non-
subject merchandise may enter. Therefore, we cannot rely on CBP entry
data in selecting respondents. Instead, we intend to issue Q&V
questionnaires to each potential
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respondent for which the petitioner has provided a complete address.
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\29\ See Petitions at Volume I (Exhibit I-7); see also First
General Issues Supplement at Exhibit I-S2.
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Exporters/producers of paper bags from China and India that do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain the Q&V questionnaire from E&C's
website at https://www.trade.gov/ec-adcvd-case-announcements. Responses
to the Q&V questionnaire must be submitted by the relevant Indian and
Chinese producers/exporters no later than 5:00 p.m. ET on July 5, 2023,
which is the next business day after two weeks from the signature date
of this notice.\30\ All Q&V responses must be filed electronically via
ACCESS. An electronically filed document must be received successfully,
in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline
noted above. Commerce intends to finalize its decision regarding
respondent selection within 20 days of publication of this notice.
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\30\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.''). Two weeks from the initiation of these
investigation is July 4, 2023, which is a Federal holiday.
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Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC and GOI via ACCESS. Furthermore, to the extent
practicable, Commerce will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of paper bags from China and/or India are
materially injuring, or threatening material injury to, a U.S.
industry.\31\ A negative ITC determination for either country will
result in the investigation being terminated with respect to that
country.\32\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\31\ See section 703(a)(1) of the Act.
\32\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \33\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\34\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\33\ See 19 CFR 351.301(b).
\34\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\35\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in these
investigations.\36\
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\35\ See 19 CFR 351.302.
\36\ See 19 CFR 301; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\37\
Parties must use the certification formats provided in 19 CFR
351.303(g).\38\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in these investigations should ensure
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing
the required letters of appearance). Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\39\
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\39\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
Scope of the Investigations
The products within the scope of these investigations are paper
shopping bags with handles of any type, regardless of whether there
is any printing, regardless of how the top edges are finished (e.g.,
folded, serrated, or otherwise finished), regardless of color, and
regardless of whether the top edges contain adhesive or other
material for sealing closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at least 2.5 inches.
Paper shopping bags typically are made of kraft paper but can be
made from any type
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of cellulose fiber, paperboard, or pressboard with a basis weight
less than 300 grams per square meter (GSM).
A non-exhaustive illustrative list of the types of handles on
shopping bags covered by the scope include handles made from any
materials such as twisted paper, flat paper, yarn, ribbon, rope,
string, or plastic, as well as die-cut handles (whether the punchout
is fully removed or partially attached as a flap).
Excluded from the scope are:
Paper sacks or bags that are of a \1/6\ or \1/7\ barrel
size (i.e., 11.5-12.5 inches in width, 6.5-7.5 inches in depth, and
13.5-17.5 inches in height) with flat paper handles or die-cut
handles;
Paper sacks or bags with die-cut handles, a grams per
square meter paper weight of less than 86 GSM, and a height of less
than 11.5 inches; and
Shopping bags (i) with non-paper handles made wholly of
woven ribbon or other similar woven fabric and (ii) that are
finished with folded tops or for which tied knots or t-bar aglets
(made of wood, metal, or plastic) are used to secure the handles to
the bags.
The above-referenced dimensions are provided for paper bags in
the opened position. The height of the bag is the distance from the
bottom fold edge to the top edge (i.e., excluding the height of
handles that extend above the top edge). The depth of the bag is the
distance from the front of the bag edge to the back of the bag edge
(typically measured at the bottom of the bag). The width of the bag
is measured from the left to the right edges of the front and back
panels (upon which the handles typically are located).
The merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided
for convenience and customs purposes only; the written description
of the scope is dispositive.
[FR Doc. 2023-13521 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P
