Certain Paper Shopping Bags From the People's Republic of China: Preliminary Affirmative Determinations of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 344-347 [2023-28938]
Download as PDF
<![CDATA[
344
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–152]
Certain Paper Shopping Bags From the
People’s Republic of China:
Preliminary Affirmative Determinations
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances,
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 the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is October
1, 2022, through March 31, 2023.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable January 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1211.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
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
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
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
included 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 paper bags from China.
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 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. Because
China is a non-market economy within
the meaning of section 771(18) of the
Act, Commerce has calculated normal
value in accordance with section 773(c)
of the Act.
In addition, pursuant to sections
776(a) and (b) of the Act because the
Shopping Bags from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 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).
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
China-wide entity did not cooperate to
the best of its ability in responding to
Commerce’s request for data, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, in determining the estimated
weighted-average dumping margin for
the China-wide entity. For a full
description of the methodology
underlying Commerce’s preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 733(e)(1)
of the Act and 19 CFR 351.206(c),
Commerce preliminarily determines
that critical circumstances exist with
respect to imports of paper bags from
China for Dongzheng Paperbag (DaLian)
Factory (Dongzheng), the non-selected
respondents eligible for a separate rate,
and the China-wide entity. Commerce
preliminarily determines that critical
circumstances do not exist with respect
to imports of paper bags from China for
UUPAK Co., Ltd. (UUPAK). For a full
description of the methodology and
results of Commerce’s analysis, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,7 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation.
Commerce’s Policy Bulletin 05.1
describes this practice.8 In this
investigation, we calculated producer/
exporter combination rates for
respondents eligible for separate rates.
Separate Rates
In addition to Dongzheng and
UUPAK, we have preliminarily granted
a separate rate to certain respondents
that we did not select for individual
examination.9 In calculating the rate for
non-individually examined separate rate
respondents in a non-market economy
LTFV investigation, Commerce
normally looks to section 735(c)(5)(A) of
the Act, which pertains to the
calculation of the all-others rate in a
market economy LTFV investigation, for
guidance. Pursuant to section
735(c)(5)(A) of the Act, normally this
rate shall be an amount equal to the
7 See
Initiation Notice, 88 FR at 4811.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
9 See the Preliminary Decision Memorandum for
additional details.
8 See
E:\FR\FM\03JAN1.SGM
03JAN1
345
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
weighted average of the estimated
weighted-average dumping margins
established for those companies
individually examined, excluding zero
and de minimis and any rates based
entirely under section 776 of the Act.
Commerce calculated individual
estimated weighted-average dumping
companies, investigation. See the table
below in the ‘‘Preliminary
Determination’’ section of this notice.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Cash deposit
rate
(adjusted
for export
subsidy
offset(s)
(percent)
Exporter
Producer
Dongzheng Paperbag (DaLian) Factory.
UUPAK Co., Ltd ...............................
Fujian Eco Packaging Co., Ltd ........
Fujian Eco Packaging Co., Ltd ........
Fujian Eco Packaging Co., Ltd ........
Fujian Eco Packaging Co., Ltd ........
Fujian Eco Packaging Co., Ltd ........
Fujian Nanwang Environment Protection Scien-tech Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech Co., Ltd.
Grand Intelligent Limited ..................
Max Fortune Industrial Ltd ...............
Ningbo Beiheng Import & Export
Company Limited.
Shanghai Miho Package & Product
Co., Ltd.
Union Packaging Group Limited ......
Wuxi Hualite Metal Plastic Products
Co., Ltd.
Xiamen Bag Imp. & Exp. Co., Ltd ...
Xiamen Huide Xiesheng Packaging
Co., Ltd.
Xiamen Jihong Technology Co., Ltd
Xiamen Joy Supply Chain Co., Ltd
Xiamen Joy Supply Chain Co., Ltd
Xiamen Nice Packaging Products
Co., Ltd.
Xiamen Nice Packaging Products
Co., Ltd.
China-wide Entity 10 .........................
Dongzheng Paperbag (DaLian) Factory ...................................................
59.41
48.86
Tianjin Haishun Printing & Packing Co., Ltd .............................................
Fujian Hongkai Packaging Co., Ltd ..........................................................
Fujian Yihe Packaging Co., Ltd ................................................................
Guangdong Union Eco-Packaging Scien-Tech Co., Ltd ..........................
Xiamen Huide Eco-friendly Paper Bags Co., Ltd .....................................
Xiamen Jihong Technology Co., Ltd .........................................................
Anhui Nanwang Environmental Protection Technology Co., Ltd ..............
24.15
40.55
40.55
40.55
40.55
40.55
40.55
12.81
29.21
29.21
29.21
29.21
29.21
29.15
Fujian Nanwang Environment Protection Scien-tech CO., LTD ...............
40.55
29.15
Hubei Nanwang Environmental Protection Scien-tech Co., Ltd ...............
40.55
29.15
Xianghe Nanwang Environmental Protection Technology Co., Ltd ..........
40.55
29.15
Zhuhai Zhongyue Paper CUP Container Co., Ltd ....................................
40.55
29.15
Ruichuang Limited .....................................................................................
Winner Printing and Packaging (He Yuan) Ltd .........................................
Wenzhou Weijie Packing Co., Ltd ............................................................
40.55
40.55
40.55
29.21
29.21
29.21
Zhejiang Shengxiang Industrial Co., Ltd ...................................................
40.55
29.21
Guangdong Union Eco-Packaging Scien-Tech Co., Ltd ..........................
Wuxi Hualite Paper Products Co., Ltd ......................................................
40.55
40.55
29.21
29.21
Xiamen CYR Green-Tech Co., Ltd ...........................................................
Xiamen Huide Eco-Friendly Paper Bags Co., Ltd ....................................
40.55
40.55
29.21
29.21
Xiamen Jihong Technology Co., Ltd .........................................................
Fujian Huian Nice Paper Products Co., Ltd ..............................................
Xiamen THINKER Packaging Products Co., Ltd ......................................
Fujian Huian Nice Paper Products Co., Ltd ..............................................
40.55
40.55
40.55
40.55
29.21
29.21
29.2
29.21
Xiamen THINKER Packaging Products Co., Ltd ......................................
40.55
29.21
....................................................................................................................
146.32
135.77
Suspension of Liquidation
ddrumheller on DSK120RN23PROD with NOTICES1
margins for Dongzheng and UUPAK that
are not zero, de minimis, or based
entirely on facts otherwise available.
Thus, the weighted-average dumping
margins calculated for Dongzheng and
UUPAK are the basis to determine the
weighted-average dumping margin for
the non-examined, separate rate
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of subject
merchandise, as described in the scope
of the investigation section, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
10 We have not granted a separate rate to Qingdao
Deepack Co., Ltd.; thus, the China-wide Entity
preliminarily includes Qingdao Deepack Co., Ltd.
See the Preliminary Decision Memorandum for
additional details.
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
Register, or earlier, as discussed below.
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 weighted
average amount by which normal value
exceeds U.S. price, as indicated in the
chart above, as follows: (1) for the
producer/exporter combinations listed
in the table above, the cash deposit rate
is equal to the estimated weightedaverage dumping margin listed for that
combination in the table; (2) for all
combinations of Chinese producers/
exporters of subject merchandise that
have not established eligibility for their
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
own separate rates, the cash deposit rate
will be equal to the estimated weightedaverage dumping margin established for
the China-wide entity; and (3) for all
third-country exporters of subject
merchandise not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or
China-wide entity) that supplied that
third-country exporter.
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 merchandise
E:\FR\FM\03JAN1.SGM
03JAN1
346
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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 for imports of
subject merchandise from Dongzheng,
the non-selected respondents eligible for
a separate rate, and the China-wide
entity.11 However, we have found that
critical circumstances do not exist for
UUPAK.12 In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all
unliquidated entries of merchandise
from Dongzheng, the non-selected
respondents eligible for a separate rate,
and the China-wide entity that were
entered, or withdrawn from warehouse,
for consumption on or after the date
which is 90 days before the publication
of this notice in the Federal Register.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce offset the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). Any
such adjusted rates may be found in the
chart of estimated weighted-average
dumping margins in the ‘‘Preliminary
Determination’’ section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for export subsidies at the time the CVD
provisional measures expire. 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
11 See
Preliminary Decision Memorandum.
12 Id.
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
publication of this notice in the Federal
Register in 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 verification
report is issued in this investigation.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.13 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.14
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.15 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).16
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
13 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).
14 See 19 351.309(c)(2) and (d)(2).
15 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
16 See APO and Service Final Rule.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
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 time and
date 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
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final antidumping
duty 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 21, 2023, the Coalition
For Fair Trade in Shopping Bags (the
petitioner) timely requested that
Commerce fully extend the deadline for
the final determination in the event of
a negative preliminary determination.17
On December 19, 2023, Dongzheng
timely requested that Commerce fully
extend the deadline for the final
determination in the event of an
affirmative preliminary determination.18
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
17 See Petitioner’s Letter, ‘‘Request to Postpone
Final Determination,’’ dated November 6, 2023.
18 See Dongzheng’s Letter, ‘‘Request to Extend
Final Determination,’’ dated December 19, 2023.
E:\FR\FM\03JAN1.SGM
03JAN1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act. Furthermore, as the
final CVD determination has been
aligned with the final LTFV
determination, Commerce will make its
final CVD determination no later than
135 days after the date of publication of
this preliminary determination.19
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
whether these 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 20 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
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. Discussion of the Methodology
V. Critical Circumstances
VI. Adjustment Under Section 777A(f) of the
Tariff Act of 1930, As Amended
VII. Adjustment to Cash Deposit Rate for
Export Subsidies
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023–28938 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD619]
Certain Paper Shopping Bags from the
People’s Republic of China and India: Preliminary
Affirmative Countervailing Duty Determination,
Preliminary Affirmative Critical Circumstances
Determination, in Part, and Alignment of Final
Determination with Final Antidumping Duty
Determination, 88 FR 76180 (November 6, 2023).
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
20 Paper sacks or bags with handles made of
braided or twisted materials, such as rope or cord,
do not qualify for this exclusion.
PO 00000
Frm 00029
Fmt 4703
Groundfish Recreational Advisory Panel
via webinar to consider actions affecting
New England fisheries in the exclusive
economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This webinar will be held on
Monday, January 22, 2024, at 9 a.m.
ADDRESSES: Webinar registration URL
information: https://
attendee.gotowebinar.com/register/
5812975475550509918.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Agenda
The Recreational Advisory Panel will
meet to discuss and develop
recommendations to the Groundfish
Committee on fishing year 2024
recreational measures for Georges Bank
cod, Gulf of Maine cod and Gulf of
Maine haddock. They will also receive
an overview of the Council’s groundfish
priorities for 2024. Other business may
be discussed as necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
New England Fishery Management
Council; Public Meeting
SUMMARY:
19 See
347
Sfmt 9990
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 28, 2023.
Diane M. DeJames-Daly,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–28908 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 344-347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28938]
[[Page 344]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-152]
Certain Paper Shopping Bags From the People's Republic of China:
Preliminary Affirmative Determinations of Sales at Less Than Fair
Value, Preliminary Affirmative Determination of Critical Circumstances,
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 the
People's Republic of China (China) are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation (POI) is October 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: Tyler Weinhold, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1211.
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair Value Investigation
of Certain Paper Shopping Bags from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are paper bags from
China. 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
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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
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).
---------------------------------------------------------------------------
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. Because China is a non-
market economy within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act.
In addition, pursuant to sections 776(a) and (b) of the Act because
the China-wide entity did not cooperate to the best of its ability in
responding to Commerce's request for data, Commerce preliminarily has
relied upon facts otherwise available, with adverse inferences, in
determining the estimated weighted-average dumping margin for the
China-wide entity. For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e)(1) of the Act and 19 CFR
351.206(c), Commerce preliminarily determines that critical
circumstances exist with respect to imports of paper bags from China
for Dongzheng Paperbag (DaLian) Factory (Dongzheng), the non-selected
respondents eligible for a separate rate, and the China-wide entity.
Commerce preliminarily determines that critical circumstances do not
exist with respect to imports of paper bags from China for UUPAK Co.,
Ltd. (UUPAK). For a full description of the methodology and results of
Commerce's analysis, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Commerce's
Policy Bulletin 05.1 describes this practice.\8\ In this investigation,
we calculated producer/exporter combination rates for respondents
eligible for separate rates.
---------------------------------------------------------------------------
\7\ See Initiation Notice, 88 FR at 4811.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Separate Rates
In addition to Dongzheng and UUPAK, we have preliminarily granted a
separate rate to certain respondents that we did not select for
individual examination.\9\ In calculating the rate for non-individually
examined separate rate respondents in a non-market economy LTFV
investigation, Commerce normally looks to section 735(c)(5)(A) of the
Act, which pertains to the calculation of the all-others rate in a
market economy LTFV investigation, for guidance. Pursuant to section
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to
the
[[Page 345]]
weighted average of the estimated weighted-average dumping margins
established for those companies individually examined, excluding zero
and de minimis and any rates based entirely under section 776 of the
Act. Commerce calculated individual estimated weighted-average dumping
margins for Dongzheng and UUPAK that are not zero, de minimis, or based
entirely on facts otherwise available. Thus, the weighted-average
dumping margins calculated for Dongzheng and UUPAK are the basis to
determine the weighted-average dumping margin for the non-examined,
separate rate companies, investigation. See the table below in the
``Preliminary Determination'' section of this notice.
---------------------------------------------------------------------------
\9\ See the Preliminary Decision Memorandum for additional
details.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- rate (adjusted
average for export
Exporter Producer dumping margin subsidy
(percent) offset(s)
(percent)
----------------------------------------------------------------------------------------------------------------
Dongzheng Paperbag (DaLian) Factory........ Dongzheng Paperbag (DaLian) Factory 59.41 48.86
UUPAK Co., Ltd............................. Tianjin Haishun Printing & Packing 24.15 12.81
Co., Ltd.
Fujian Eco Packaging Co., Ltd.............. Fujian Hongkai Packaging Co., Ltd.. 40.55 29.21
Fujian Eco Packaging Co., Ltd.............. Fujian Yihe Packaging Co., Ltd..... 40.55 29.21
Fujian Eco Packaging Co., Ltd.............. Guangdong Union Eco-Packaging Scien- 40.55 29.21
Tech Co., Ltd.
Fujian Eco Packaging Co., Ltd.............. Xiamen Huide Eco-friendly Paper 40.55 29.21
Bags Co., Ltd.
Fujian Eco Packaging Co., Ltd.............. Xiamen Jihong Technology Co., Ltd.. 40.55 29.21
Fujian Nanwang Environment Protection Scien- Anhui Nanwang Environmental 40.55 29.15
tech Co., Ltd. Protection Technology Co., Ltd.
Fujian Nanwang Environment Protection Scien- Fujian Nanwang Environment 40.55 29.15
tech Co., Ltd. Protection Scien-tech CO., LTD.
Fujian Nanwang Environment Protection Scien- Hubei Nanwang Environmental 40.55 29.15
tech Co., Ltd. Protection Scien-tech Co., Ltd.
Fujian Nanwang Environment Protection Scien- Xianghe Nanwang Environmental 40.55 29.15
tech Co., Ltd. Protection Technology Co., Ltd.
Fujian Nanwang Environment Protection Scien- Zhuhai Zhongyue Paper CUP Container 40.55 29.15
tech Co., Ltd. Co., Ltd.
Grand Intelligent Limited.................. Ruichuang Limited.................. 40.55 29.21
Max Fortune Industrial Ltd................. Winner Printing and Packaging (He 40.55 29.21
Yuan) Ltd.
Ningbo Beiheng Import & Export Company Wenzhou Weijie Packing Co., Ltd.... 40.55 29.21
Limited.
Shanghai Miho Package & Product Co., Ltd... Zhejiang Shengxiang Industrial Co., 40.55 29.21
Ltd.
Union Packaging Group Limited.............. Guangdong Union Eco-Packaging Scien- 40.55 29.21
Tech Co., Ltd.
Wuxi Hualite Metal Plastic Products Co., Wuxi Hualite Paper Products Co., 40.55 29.21
Ltd. Ltd.
Xiamen Bag Imp. & Exp. Co., Ltd............ Xiamen CYR Green-Tech Co., Ltd..... 40.55 29.21
Xiamen Huide Xiesheng Packaging Co., Ltd... Xiamen Huide Eco-Friendly Paper 40.55 29.21
Bags Co., Ltd.
Xiamen Jihong Technology Co., Ltd.......... Xiamen Jihong Technology Co., Ltd.. 40.55 29.21
Xiamen Joy Supply Chain Co., Ltd........... Fujian Huian Nice Paper Products 40.55 29.21
Co., Ltd.
Xiamen Joy Supply Chain Co., Ltd........... Xiamen THINKER Packaging Products 40.55 29.2
Co., Ltd.
Xiamen Nice Packaging Products Co., Ltd.... Fujian Huian Nice Paper Products 40.55 29.21
Co., Ltd.
Xiamen Nice Packaging Products Co., Ltd.... Xiamen THINKER Packaging Products 40.55 29.21
Co., Ltd.
China-wide Entity \10\..................... ................................... 146.32 135.77
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\10\ We have not granted a separate rate to Qingdao Deepack Co.,
Ltd.; thus, the China-wide Entity preliminarily includes Qingdao
Deepack Co., Ltd. See the Preliminary Decision Memorandum for
additional details.
---------------------------------------------------------------------------
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise, as described in the scope of the investigation
section, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
or earlier, as discussed below. 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 weighted average amount by
which normal value exceeds U.S. price, as indicated in the chart above,
as follows: (1) for the producer/exporter combinations listed in the
table above, the cash deposit rate is equal to the estimated weighted-
average dumping margin listed for that combination in the table; (2)
for all combinations of Chinese producers/exporters of subject
merchandise that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the China-wide entity;
and (3) for all third-country exporters of subject merchandise not
listed in the table above, the cash deposit rate is the cash deposit
rate applicable to the Chinese producer/exporter combination (or China-
wide entity) that supplied that third-country exporter.
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 merchandise
[[Page 346]]
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 for imports of
subject merchandise from Dongzheng, the non-selected respondents
eligible for a separate rate, and the China-wide entity.\11\ However,
we have found that critical circumstances do not exist for UUPAK.\12\
In accordance with section 733(e)(2)(A) of the Act, the suspension of
liquidation shall apply to all unliquidated entries of merchandise from
Dongzheng, the non-selected respondents eligible for a separate rate,
and the China-wide entity that were entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the publication of this notice in the Federal Register.
---------------------------------------------------------------------------
\11\ See Preliminary Decision Memorandum.
\12\ Id.
---------------------------------------------------------------------------
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce offset the calculated estimated weighted-average
dumping margin by the appropriate rate(s). Any such adjusted rates may
be found in the chart of estimated weighted-average dumping margins in
the ``Preliminary Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for
export subsidies at the time the CVD provisional measures expire. 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 in 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 verification report is issued in this
investigation. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\13\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\14\
---------------------------------------------------------------------------
\13\ 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).
\14\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\15\
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).\16\
---------------------------------------------------------------------------
\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
---------------------------------------------------------------------------
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 time and date 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 petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
duty 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 21, 2023, the Coalition For Fair Trade in Shopping Bags
(the petitioner) timely requested that Commerce fully extend the
deadline for the final determination in the event of a negative
preliminary determination.\17\ On December 19, 2023, Dongzheng timely
requested that Commerce fully extend the deadline for the final
determination in the event of an affirmative preliminary
determination.\18\ 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
[[Page 347]]
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act. Furthermore, as the final CVD determination has
been aligned with the final LTFV determination, Commerce will make its
final CVD determination no later than 135 days after the date of
publication of this preliminary determination.\19\
---------------------------------------------------------------------------
\17\ See Petitioner's Letter, ``Request to Postpone Final
Determination,'' dated November 6, 2023.
\18\ See Dongzheng's Letter, ``Request to Extend Final
Determination,'' dated December 19, 2023.
\19\ See Certain Paper Shopping Bags from the People's Republic
of China and India: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative Critical Circumstances
Determination, in Part, and Alignment of Final Determination with
Final Antidumping Duty Determination, 88 FR 76180 (November 6,
2023).
---------------------------------------------------------------------------
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 whether these 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 \20\ 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.
---------------------------------------------------------------------------
\20\ Paper sacks or bags with handles made of braided or twisted
materials, such as rope or cord, do not qualify for this exclusion.
---------------------------------------------------------------------------
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. Discussion of the Methodology
V. Critical Circumstances
VI. Adjustment Under Section 777A(f) of the Tariff Act of 1930, As
Amended
VII. Adjustment to Cash Deposit Rate for Export Subsidies
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023-28938 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P
