Certain Paper Shopping Bags From Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 319-321 [2023-28939]
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319
Notices
Federal Register
Vol. 89, No. 2
Wednesday, January 3, 2024
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
[FR Doc. 2023–28910 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
Foreign-Trade Zones Board
[A–301–805]
[B–66–2023]
Foreign-Trade Zone 183; Application
for Expansion of Subzone 183B;
Samsung Austin Semiconductor, LLC;
Austin, Texas
ddrumheller on DSK120RN23PROD with NOTICES1
Dated: December 28, 2023.
Elizabeth Whiteman,
Executive Secretary.
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Foreign Trade Zone of Central
Texas, Inc., grantee of FTZ 183,
requesting an expansion of Subzone
183B on behalf of Samsung Austin
Semiconductor, LLC, to include a site in
Taylor, Texas. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the FTZ Board (15 CFR
part 400). It was formally docketed on
December 28, 2023.
The applicant is requesting authority
to expand the subzone to include a site
(1,260 acres) located on Farm to Market
Road 973 in Taylor, close to Highway 79
and County Road 404. No additional
authorization for production activity has
been requested at this time.
In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
February 12, 2024. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to February 27, 2024.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz.
VerDate Sep<11>2014
For further information, contact
Camille Evans at Camille.Evans@
trade.gov.
18:32 Jan 02, 2024
Jkt 262001
Certain Paper Shopping Bags From
Colombia: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, 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 Colombia 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:
Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
in the Federal Register on June 27,
2023.1 On October 3, 2023, Commerce
postponed the preliminary
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).
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
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
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
Colombia. 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
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 Colombia,’’ 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).
E:\FR\FM\03JAN1.SGM
03JAN1
320
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
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 (AFA) for Industria
Colombiana de Papeles (Incolpa SAS)
and Fa´brica de Bolsas de Papel (Unibol
SAS). For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provides 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.
In this investigation, Commerce
assigned a rate based entirely on facts
available to Incolpa SAS and Unibol
SAS. Therefore, the only rate that is not
zero, de minimis or based entirely on
facts otherwise available is the rate
calculated for Ditar, S.A. (Ditar).
Consequently, the rate calculated for
Ditar is also assigned as the rate for all
other producers and exporters.
Preliminary Determination
ddrumheller on DSK120RN23PROD with NOTICES1
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Ditar, S.A ....................................
Industria Colombiana de
Papeles ...................................
VerDate Sep<11>2014
18:32 Jan 02, 2024
9.48
56.14
Jkt 262001
investigation. Rebuttal briefs, limited to
issues raised in the case briefs, may be
Exporter/producer
filed not later than five days after the
date for filing case briefs.7 Interested
parties who submit case briefs or
Fa´brica de Bolsas de Papel .......
56.14 rebuttal briefs in this proceeding must
All Others ....................................
9.48 submit: (1) a table of contents listing
each issue; and (2) a table of
* Rate based on AFA.
authorities.8
Suspension of Liquidation
As provided under 19 CFR
In accordance with section 733(d)(2)
351.309(c)(2) and (d)(2), in prior
of the Act, Commerce will direct U.S.
proceedings we have encouraged
Customs and Border Protection (CBP) to interested parties to provide an
suspend liquidation of entries of subject executive summary of their brief that
merchandise, as described in Appendix should be limited to five pages total,
I, entered, or withdrawn from
including footnotes. In this
warehouse, for consumption on or after
investigation, we instead request that
the date of publication of this notice in
interested parties provide at the
the Federal Register. Further, pursuant
beginning of their briefs a public,
to section 733(d)(1)(B) of the Act and 19 executive summary for each issue raised
CFR 351.205(d), Commerce will instruct in their briefs.9 Further, we request that
CBP to require a cash deposit equal to
interested parties limit their executive
the estimated weighted-average
summary of each issue to no more than
dumping margin or the estimated all450 words, not including citations. We
others rate, as follows: (1) the cash
intend to use the executive summaries
deposit rate for the respondents listed
as the basis of the comment summaries
above will be equal to the companyincluded in the issues and decision
specific estimated weighted-average
memorandum that will accompany the
dumping margins determined in this
final determination in this investigation.
preliminary determination; (2) if the
We request that interested parties
exporter is not a respondent identified
above, but the producer is, then the cash include footnotes for relevant citations
in the executive summary of each issue.
deposit rate will be equal to the
Note that Commerce has amended
company-specific estimated weightedaverage dumping margin established for certain of its requirements pertaining to
the service of documents in 19 CFR
that producer of the subject
351.303(f).10
merchandise; and (3) the cash deposit
rate for all other producers and
Pursuant to 19 CFR 351.310(c),
exporters will be equal to the all-others
interested parties who wish to request a
estimated weighted-average dumping
hearing, limited to issues raised in the
margin. These suspension of liquidation case and rebuttal briefs, must submit a
instructions will remain in effect until
written request to the Assistant
further notice.
Secretary for Enforcement and
Compliance, U.S. Department of
Disclosure
Commerce, within 30 days after the date
Commerce intends to disclose the
of publication of this notice. Requests
calculations performed in connection
should contain the party’s name,
with this preliminary determination to
address, and telephone number, the
interested parties within five days of
number of participants, whether any
any public announcement or, if there is
participant is a foreign national, and a
no public announcement, within five
list of the issues to be discussed. If a
days of the date of publication of this
request for a hearing is made, Commerce
notice in accordance with 19 CFR
intends to hold the hearing at a time and
351.224(b).
date to be determined. Parties should
confirm by telephone the date, time, and
Verification
location of the hearing two days before
As provided in section 782(i)(1) of the
the scheduled date.
Act, Commerce intends to verify the
information relied upon in making its
7 See 19 CFR 351.309(d); see also Administrative
final determination.
Protective Order, Service, and Other Procedures in
Weightedaverage
dumping
margin
(percent)
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 last
verification report is issued in this
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
10 See APO and Service Final Rule.
E:\FR\FM\03JAN1.SGM
03JAN1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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
respondents 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 21, 2023, pursuant to
19 CFR 351.210(e), 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.11 On December 12, 2023,
pursuant to 19 CFR 351.210(e), Ditar
also requested that Commerce postpone
the final determination, in the event the
preliminary determination is
affirmative, and that provisional
measures be extended to a period not to
exceed six months.12 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. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
11 See
Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of the Final Determinations,’’ dated
November 21, 2023.
12 See Ditar’s Letter, ‘‘Request to Extend Final
Determination,’’ dated December 12, 2023.
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
preliminary determination or 45 days
after the final determination whether
these imports 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 13 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).
13 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
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321
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. Use of Facts Available With Adverse
Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–28939 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–836]
Certain Paper Shopping Bags From the
Socialist Republic of Vietnam:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Critical
Circumstances Determination,
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 Socialist
Republic of Vietnam (Vietnam) 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:
Myrna Lobo, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2371.
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
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 319-321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28939]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-805]
Certain Paper Shopping Bags From Colombia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
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 Colombia
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: Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4243.
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 in the Federal
Register 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 Colombia,'' 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
Colombia. 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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
[[Page 320]]
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 (AFA) for Industria Colombiana de Papeles (Incolpa
SAS) and F[aacute]brica de Bolsas de Papel (Unibol SAS). For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provides 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.
In this investigation, Commerce assigned a rate based entirely on
facts available to Incolpa SAS and Unibol SAS. Therefore, the only rate
that is not zero, de minimis or based entirely on facts otherwise
available is the rate calculated for Ditar, S.A. (Ditar). Consequently,
the rate calculated for Ditar is also assigned as the rate for all
other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Ditar, S.A.................................................. 9.48
Industria Colombiana de Papeles............................. 56.14
F[aacute]brica de Bolsas de Papel........................... 56.14
All Others.................................................. 9.48
------------------------------------------------------------------------
* Rate based on AFA.
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. 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 rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined 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 the calculations performed in
connection with this preliminary determination to interested parties
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the 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 last 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.\7\ 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.\8\
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\7\ 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).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\9\
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).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Final 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 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.
[[Page 321]]
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 respondents 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 21, 2023, pursuant to 19 CFR 351.210(e), 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.\11\ On December 12, 2023, pursuant to 19 CFR
351.210(e), Ditar also requested that Commerce postpone the final
determination, in the event the preliminary determination is
affirmative, and that provisional measures be extended to a period not
to exceed six months.\12\ 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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\11\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of the Final Determinations,'' dated November 21, 2023.
\12\ See Ditar's Letter, ``Request to Extend Final
Determination,'' dated December 12, 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. 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 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 \13\ 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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\13\ 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. Use of Facts Available With Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-28939 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P
