Certain Paper Shopping Bags From Cambodia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 325-328 [2023-28937]
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
On September 15, 2023, Commerce
received a notice of intent to participate
from Carpenter Technology Corporation,
Crucible Industries LLC, Electralloy, a
G.O., Carlson, Inc. Company,
Marcegaglia Stainless Richburg, LLC,
North American Stainless, Universal
Stainless & Alloy Products, Inc., and
Valbruna Slater Stainless, Inc.
(collectively, the petitioners) within the
deadline specified in 19 CFR
351.218(d)(1)(i).3 The petitioners
claimed interested party status under
section 771(9)(C) of the Act as producers
of a domestic like product in the United
States.
On September 29, 2023, we received
a timely, adequate substantive response
to the Initiation Notice from the
petitioners within the 30-day deadline
specified in 19 CFR 218(d)(3)(i).4 We
received no substantive response from
respondent parties nor was a hearing
requested.
On October 25, 2023, Commerce
notified the U.S. International Trade
Commission (ITC) that it did not receive
adequate substantive responses from
any other interested parties.5 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited, i.e., 120-day,
sunset review of the Order.
Scope of the Order
The merchandise subject to the Order
is SS Bar. SS Bar means articles of
stainless steel in straight lengths that
have been either hot-rolled, forged,
turned, cold-drawn, cold-rolled or
otherwise cold-finished, or ground,
having a uniform solid cross section
along their whole length in the shape of
circles, segments of circles, ovals,
rectangles (including squares), triangles,
hexagons, octagons or other convex
polygons. SS Bar includes cold-finished
SS Bars that are turned or ground in
straight lengths, whether produced from
hot-rolled bar or from straightened and
cut rod or wire, and reinforcing bars that
have indentations, ribs, grooves, or
other deformations produced during the
rolling process.
Except as specified above, the term
does not include stainless steel semifinished products, cut length flat-rolled
products (i.e., cut length rolled products
which if less than 4.75 mm in thickness
have a width measuring at least 10 times
3 See Petitioners’ Letter, ‘‘Notice of Intent to
Participate,’’ dated September 15, 2023.
4 See Petitioners’ Letter, ‘‘Substantive Response,’’
dated September 29, 2023 (Petitioners’ Substantive
Response).
5 See Commerce’s Letter ‘‘Sunset Reviews
Initiated on September 1, 2023,’’ dated October 25,
2023.
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the thickness, or if 4.75 mm or more in
thickness having a width which exceeds
150 mm and measures at least twice the
thickness), wire (i.e., cold-formed
products in coils, of any uniform solid
cross section along their whole length,
which do not conform to the definition
of flat-rolled products), and angles,
shapes and sections.
Imports of these products are
currently classifiable under subheadings
7222.11.00, 7222.19.00, 7222.20.00,
7222.30.00 of the Harmonized Tariff
Schedule (HTS). Although the HTS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
Order is dispositive.
Analysis of the Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum, including the likelihood
of continuation or recurrence of
dumping and the magnitude of the
margins of dumping likely to prevail if
the Order was revoked.6 A list of topics
discussed in the Issues and Decision
Memorandum is included as 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.
Final Results of Expedited Sunset
Review
Pursuant to sections 751(c)(1), and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would be likely to lead to continuation
or recurrence of dumping and that the
magnitude of the margins of dumping
likely to prevail would be at rates up to
21.02 percent.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written
notification of the return or destruction
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited Sunset Review of
the Antidumping Duty Order on Stainless Steel Bar
from India,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum)
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325
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218(e)(1)(ii)(C)(2).
Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of Margin of Dumping Likely
to Prevail
VII. Final Results of Expedited Sunset
Review
VIII. Recommendation
[FR Doc. 2023–28931 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–555–002]
Certain Paper Shopping Bags From
Cambodia: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Affirmative
Determination of Critical
Circumstances, in Part, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain paper shopping
bags (paper bags) from Cambodia are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is April 1, 2022, through March
31, 2023. Interested parties are invited
to comment on this preliminary
determination.
DATES: Applicable January 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Charles Doss or Kyle Clahane, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
AGENCY:
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4474 or (202) 482–5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on June 27, 2023.1 On October 3, 2023,
Commerce postponed the preliminary
determination of this investigation until
December 27, 2023.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via 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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are certain paper bags from
Cambodia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
ddrumheller on DSK120RN23PROD with NOTICES1
In accordance with the preamble to
Commerce’s regulations,4 in the
Initiation Notice, Commerce set aside a
period of time for parties to raise issues
1 See 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: Initiation of Less-Than-Fair-Value
Investigations, 88 FR 41589 (June 27, 2023)
(Initiation Notice).
2 See 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: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 88 FR 68097 (October 3, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain Paper
Shopping Bags from Cambodia,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
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regarding product coverage (i.e., scope).5
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
preliminarily modified the scope
language as it appeared in the Initiation
Notice. In the Preliminary Scope
Decision Memorandum, Commerce
established the deadline for parties to
submit scope case and rebuttal briefs.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. Furthermore,
pursuant to sections 776(a) and (b) of
the Act, Commerce preliminarily relied
upon facts otherwise available, with
adverse inferences for Pan Pacific
Plastics Manufacturing, Inc. (Pan
Pacific). For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Determination of Critical
Circumstances, in Part
In accordance with section 733(e) of
the Act and 19 CFR 351.206(c),
Commerce preliminarily determines
that critical circumstances do not exist
with respect to imports of paper bags
from Cambodia for Nice Packaging
(Cambodia) Co., Ltd. (Nice) and for all
other producers and exporters, but do
exist with respect to imports of paper
bags from Pan Pacific. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
5 See
Initiation Notice, 88 FR at 41590.
Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Nice. As explained in the
Preliminary Decision Memorandum,
Commerce has preliminarily determined
that, under section 772(a) of the Act,
UUPak Company Limited (UUPak) did
not have any reviewable sales during
the POI and, as such, has not calculated
a preliminary margin for UUPak.7 As a
result, because we have only calculated
one margin and that margin is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Nice is the margin
assigned to UUPak and all other
producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Producer/exporter
Nice Packaging (Cambodia) Co.,
Ltd ...........................................
UUPak Company Limited ...........
Pan Pacific Plastics Manufacturing, Inc ................................
All Others ....................................
Weightedaverage
dumping
margin
(percent)
10.05
10.05
248.81
10.05
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) the date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which notice
of initiation of the investigation was
published. Commerce preliminarily
finds that critical circumstances exist
6 See
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7 See Preliminary Decision Memorandum at the
section titled, ‘‘Treatment of UUPak’s Sales.’’
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for imports of subject merchandise
produced or exported by Pan Pacific. In
accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation
shall apply to unliquidated entries of
shipments of subject merchandise from
the producer/exporter identified in this
paragraph that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
estimated weighted-average dumping
margin or the estimated all-others rate,
as follows: (1) the cash deposit rates for
the respondents listed above will be
equal to the company-specific estimated
weighted-average dumping margins
calculated in this preliminary
determination; (2) if the exporter is not
a respondent identified above, but the
producer is, then the cash deposit rate
will be equal to the company-specific
estimated weighted-average dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the allothers estimated weighted-average
dumping margin. These suspension of
liquidation instructions will remain in
effect until further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in the Federal
Register accordance with 19 CFR
351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
investigation.8 Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
8 Case
briefs and rebuttal briefs submitted in
response to this preliminary LTFV determination
should not include scope-related issues. See
Preliminary Scope Decision Memorandum.
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the deadline date for case briefs.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.10
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.11 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
10 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
12 See APO and Final Service Rule.
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327
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Pursuant to 19 CFR 351.210(e)(2),
Commerce requires that requests by
exporters for postponement of a final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On November 17, 2023, pursuant to
19 CFR 351.210(e), Nice, requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.13 On November 21,
2023, the Coalition For Fair Trade in
Shopping Bags (the petitioner)
requested that Commerce postpone the
final determination in the event of a
negative preliminary determination.14
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
13 See Nice’s Letter, ‘‘Request to Extend Final
Results,’’ dated November 17, 2023.
14 See Petitioner’s Letter, ‘‘Petitioner’s Request
For Postponement Of The Final Determinations,’’
dated November 21, 2023.
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I—Scope of the Investigation
The products within the scope of this
investigation 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
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
• Paper sacks or bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric 15 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).
This merchandise is currently classifiable
under Harmonized Tariff Schedule of the
15 Paper sacks or bags with handles made of
braided or twisted materials, such as rope or cord,
do not qualify for this exclusion.
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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.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation
V. Use of Facts Available With Adverse
Inference
VI. Discussion of the Methodology
VII. Critical Circumstances
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023–28937 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–819]
Prestressed Concrete Steel Wire
Strand From Malaysia: Final Results of
Antidumping Duty Administrative
Review; 2020–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
prestressed concrete steel wire strand
(PC strand) from Malaysia was not sold
in the United States at less than normal
value during the period of review (POR),
November 19, 2020, through May 31,
2022.
AGENCY:
DATES:
Applicable January 3, 2024.
strand from Malaysia.2 Commerce
selected two respondents for individual
examination, Kiswire Sdn. Bhd. (KSB)
and Wei Dat Steel Wire Sdn. Bhd. (Wei
Dat).3 Commerce extended the time
period for issuing the final results until
December 29, 2023.4 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.5
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 6
The product covered by this Order is
PC strand from Malaysia. For a full
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum, is attached
as an 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 a review of the record and
comments received from interested
FOR FURTHER INFORMATION CONTACT:
Miranda Bourdeau or Samuel Frost, 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) 482–2021 or (202) 482–8180.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published
the preliminary results of this
administrative review and invited
parties to comment on the Preliminary
Results.1 This administrative review
covers four producers/exporters of PC
1 See Prestressed Concrete Steel Wire Strand from
Malaysia: Preliminary Results of Antidumping Duty
Administrative Review, 2020–2022, 88 FR 43284
(July 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
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2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
48459 (August 9, 2022) (Initiation Notice). Although
there are five entities listed in the Initiation Notice,
one of these entities (i.e., Kiswire Sdn. Bhd. (Kota
Kiswire)) is part of another exporter/producer under
review. For further details, see the Preliminary
Results PDM at footnote 4.
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 26, 2022.
4 See Memoranda, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review, 2020–2022,’’ dated October 20, 2023; and
‘‘Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2020–
2022,’’ dated December 15, 2023.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Prestressed Concrete Steel Wire Strand
from Malaysia; 2020–2022,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
6 See Prestressed Concrete Steel Wire Strand from
Indonesia, Italy, Malaysia, South Africa, Spain,
Tunisia, and Ukraine: Antidumping Duty Orders,
86 FR 29998 (June 4, 2021) (Order).
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 325-328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28937]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-002]
Certain Paper Shopping Bags From Cambodia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, in Part,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain paper shopping bags (paper bags) from Cambodia
are being, or are likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation (POI) is April 1, 2022,
through March 31, 2023. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable January 3, 2024.
FOR FURTHER INFORMATION CONTACT: Charles Doss or Kyle Clahane, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
[[Page 326]]
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4474 or (202) 482-5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on June 27,
2023.\1\ On October 3, 2023, Commerce postponed the preliminary
determination of this investigation until December 27, 2023.\2\
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\1\ See 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:
Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June
27, 2023) (Initiation Notice).
\2\ See 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:
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 88 FR 68097 (October 3, 2023).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via 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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Paper Shopping Bags from Cambodia,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are certain paper bags
from Cambodia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ in
the Initiation Notice, Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this investigation and accompanying discussion and analysis of all
comments timely received, see the Preliminary Scope Decision
Memorandum.\6\ As discussed in the Preliminary Scope Decision
Memorandum, Commerce preliminarily modified the scope language as it
appeared in the Initiation Notice. In the Preliminary Scope Decision
Memorandum, Commerce established the deadline for parties to submit
scope case and rebuttal briefs.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\5\ See Initiation Notice, 88 FR at 41590.
\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated concurrently with this notice (Preliminary Scope Decision
Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. Furthermore, pursuant to
sections 776(a) and (b) of the Act, Commerce preliminarily relied upon
facts otherwise available, with adverse inferences for Pan Pacific
Plastics Manufacturing, Inc. (Pan Pacific). For a full description of
the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Determination of Critical Circumstances, in Part
In accordance with section 733(e) of the Act and 19 CFR 351.206(c),
Commerce preliminarily determines that critical circumstances do not
exist with respect to imports of paper bags from Cambodia for Nice
Packaging (Cambodia) Co., Ltd. (Nice) and for all other producers and
exporters, but do exist with respect to imports of paper bags from Pan
Pacific. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Nice. As explained in the Preliminary Decision
Memorandum, Commerce has preliminarily determined that, under section
772(a) of the Act, UUPak Company Limited (UUPak) did not have any
reviewable sales during the POI and, as such, has not calculated a
preliminary margin for UUPak.\7\ As a result, because we have only
calculated one margin and that margin is not zero, de minimis, or based
entirely on facts otherwise available, the estimated weighted-average
dumping margin calculated for Nice is the margin assigned to UUPak and
all other producers and exporters, pursuant to section 735(c)(5)(A) of
the Act.
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\7\ See Preliminary Decision Memorandum at the section titled,
``Treatment of UUPak's Sales.''
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Nice Packaging (Cambodia) Co., Ltd.......................... 10.05
UUPak Company Limited....................................... 10.05
Pan Pacific Plastics Manufacturing, Inc..................... 248.81
All Others.................................................. 10.05
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist
[[Page 327]]
for imports of subject merchandise produced or exported by Pan Pacific.
In accordance with section 733(e)(2)(A) of the Act, the suspension of
liquidation shall apply to unliquidated entries of shipments of subject
merchandise from the producer/exporter identified in this paragraph
that were entered, or withdrawn from warehouse, for consumption on or
after the date which is 90 days before the publication of this notice.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rates for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins calculated in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin. These suspension of
liquidation instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this investigation.\8\ Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than five days after the
deadline date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\10\
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\8\ Case briefs and rebuttal briefs submitted in response to
this preliminary LTFV determination should not include scope-related
issues. See Preliminary Scope Decision Memorandum.
\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\11\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by exporters for postponement of a final determination be
accompanied by a request for extension of provisional measures from a
four-month period to a period not more than six months in duration.
On November 17, 2023, pursuant to 19 CFR 351.210(e), Nice,
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\13\ On November 21, 2023, the Coalition For Fair Trade in
Shopping Bags (the petitioner) requested that Commerce postpone the
final determination in the event of a negative preliminary
determination.\14\ In accordance with section 735(a)(2)(A) of the Act
and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\13\ See Nice's Letter, ``Request to Extend Final Results,''
dated November 17, 2023.
\14\ See Petitioner's Letter, ``Petitioner's Request For
Postponement Of The Final Determinations,'' dated November 21, 2023.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination
[[Page 328]]
whether imports of the subject merchandise are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products within the scope of this investigation 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 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
Paper sacks or bags (i) with non-paper handles made
wholly of woven ribbon or other similar woven fabric \15\ 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.
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\15\ Paper sacks or bags with handles made of braided or twisted
materials, such as rope or cord, do not qualify for this exclusion.
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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).
This 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.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation
V. Use of Facts Available With Adverse Inference
VI. Discussion of the Methodology
VII. Critical Circumstances
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023-28937 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P
