Certain Paper Shopping Bags From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 336-339 [2023-28940]
Download as PDF
<![CDATA[
336
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–917]
Certain Paper Shopping Bags From
India: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Negative
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 India 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.
AGENCY:
DATES:
Applicable January 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Gorden Struck, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8151.
SUPPLEMENTARY INFORMATION:
Background
ddrumheller on DSK120RN23PROD with NOTICES1
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
For a complete description of the
events that followed the initiation of
this investigation, see 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, 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, 88 FR
68097 (October 03, 2023).
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
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.
value is calculated in accordance with
section 773 of the Act. Furthermore,
pursuant to sections 776(a) and (b) of
the Act, Commerce preliminarily has
relied upon facts otherwise available,
with adverse inferences (AFA) for Apex
Paper and Plastic and Film, Asha
Overseas, Godhani Exports, and Pack
Easy Paper Products. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Scope of the Investigation
The products covered by this
investigation are paper bags from India.
For a complete description of the scope
of this investigation, see Appendix I.
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances do not exist with respect
to imports of paper bags from India for
the two mandatory respondents, Aero
Plast Packaging Solution Private
Limited (APSL) and Kuloday Plastomers
Pvt Ltd. (KPPL), and all other Indian
producers and exporters. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 in the
Initiation Notice, Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).5
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
preliminarily modified the scope
language as it appeared in the Initiation
Notice. In the Preliminary Scope
Decision Memorandum, Commerce
established the deadline for parties to
submit scope case and rebuttal briefs.
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
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain Paper
Shopping Bags from India’’ 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 00018
Fmt 4703
Sfmt 4703
Preliminary Negative Determination of
Critical Circumstances
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce preliminarily determined a
zero rate for APSL. Therefore, the only
rate that is not zero, de minimis or based
entirely on facts otherwise available is
the rate calculated for KPPL.
Consequently, the rate calculated for
KPPL is also assigned as the rate for all
other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist: 7
7 Commerce preliminarily determines that Aero
Plast Packaging Solutions Private Limited,
Aeroplast Limited, and Aero Business Solutions
Private Limited are a single entity. See Preliminary
Decision Memorandum.
E:\FR\FM\03JAN1.SGM
03JAN1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
Weighted-average
dumping margin
(percent)
Exporter/producer
Aero Plast Packaging Solutions Private Limited; Aeroplast Limited; Aero Business Solutions Private
Limited ..................................................................................................................................................
Kuloday Plastomers Pvt Ltd ....................................................................................................................
Adeera Packaging Pvt. Ltd ......................................................................................................................
Amate Products Pvt Ltd ...........................................................................................................................
Apex Paper and Plastic and Film ............................................................................................................
Archies Limited ........................................................................................................................................
Asha Overseas ........................................................................................................................................
Carrywell Packaging Pvt Ltd ...................................................................................................................
Colorbox ...................................................................................................................................................
Dynaflex Private Limited ..........................................................................................................................
Godhani Exports ......................................................................................................................................
Pack Easy Paper Products ......................................................................................................................
Pack Planet Pvt Ltd .................................................................................................................................
Poonam ....................................................................................................................................................
Shriniwas Enterprises ..............................................................................................................................
Tejaswi Plastic Pvt Ltd ............................................................................................................................
The Velvin Group (DBA Velvin Packaging Solutions Pvt. Ltd. and Velvin Paper Products) ..................
Vama Packaging ......................................................................................................................................
All Others .................................................................................................................................................
0.00
10.64
10.64
10.64
* 57.87
10.64
* 57.87
10.64
10.64
10.64
* 57.87
* 57.87
10.64
10.64
10.64
10.64
10.64
10.64
10.64
337
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
Not Applicable
7.17
7.17
7.17
54.40
7.17
54.40
7.17
7.17
7.17
54.40
54.40
7.17
7.17
7.17
7.17
7.17
7.17
7.17
* Rate based on AFA.
Consistent with section 733(b)(3) of
the Act, Commerce disregards de
minimis rates and preliminarily
determines that APSL, the individually
examined respondent with a zero rate,
has not made sales of subject
merchandise at LTFV.
ddrumheller on DSK120RN23PROD with NOTICES1
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).
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
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
will be equal to the company-specific
estimated weighted-average dumping
margin established for that producer of
the subject merchandise, except as
explained below; and (3) the cash
deposit rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Because the estimated weightedaverage dumping margin for APSL is
zero, entries of shipments of subject
merchandise from this company will
not be subject to suspension of
liquidation or cash deposit
requirements. In such situations,
Commerce applies the exclusion to the
provisional measures to the producer/
exporter combination that was
examined in the investigation.
Accordingly, Commerce is directing
CBP not to suspend liquidation of
entries of subject merchandise produced
and exported by APSL. Entries of
shipments of subject merchandise from
this company in any other producer/
exporter combination, or by third
parties that sourced subject
merchandise from the excluded
producer/exporter combination, are
subject to the provisional measures at
the all-others rate.
Should the final estimated weightedaverage dumping margin be zero or de
minimis for the producer/exporter
combination identified above, entries of
shipments of subject merchandise from
the producer/exporter combination will
be excluded from the potential
antidumping duty order. Such an
exclusion is not applicable to
merchandise exported to the United
States by this respondent in any other
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
producer/exporter combination or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combination.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margins by the appropriate CVD rate.
Any such adjusted cash deposit rate
may be found 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 estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
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
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
E:\FR\FM\03JAN1.SGM
03JAN1
338
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
than seven days after the date on which
the last verification report is issued in
this investigation.8 A timeline for the
submission of case briefs and written
comments will be notified to interested
parties at a later date. 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.9
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.10
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.11 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
8 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
9 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).
10 See 19 351.309(c)(2) and (d)(2).
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
12 See APO and Service Final Rule.
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, 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 petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the 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.13
On November 21, 2023, Coalition for
Fair Trade in Shopping Bags (the
petitioner) requested that Commerce
postpone the final determination in the
event of a negative preliminary
determination.14 On November 28,
2023, pursuant to 19 CFR 351.210(e),
KPPL requested that Commerce
postpone the final determination in the
event of an affirmative preliminary
determination and that provisional
measures be extended to a period not to
exceed six months.15 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
13 See
19 CFR 351.210(e)(2).
Petitioner’s Letter, ‘‘Certain Paper
Shopping Bags from Cambodia, China, Colombia,
India, Malaysia, Portugal, Taiwan, Turkey, and
Vietnam/Petitioner’s Request for Postponement of
the Final Determinations,’’ dated November 21,
2023.
15 See KPPL’s Letter, ‘‘Request to Extend Final
Determination,’’ dated November 28, 2023.
14 See
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
determination, pursuant to section
735(a)(2) of the Act.
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 of paper bags from India
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 16 and (ii) that are
finished with folded tops or for which tied
knots or t-bar aglets (made of wood, metal,
16 Paper sacks or bags with handles made of
braided or twisted materials, such as rope or cord,
do not qualify for this exclusion.
E:\FR\FM\03JAN1.SGM
03JAN1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
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. Use of Facts Available With Adverse
Inferences
V. Discussion of the Methodology
VI. Preliminary Negative Determination of
Critical Circumstances
VII. Currency Conversion
VIII. Adjustments to Cash Deposits Rates for
Export Subsidies in Companion
Countervailing Duty Investigation
IX. Recommendation
[FR Doc. 2023–28940 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
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
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.
[A–489–849]
Scope of the Investigation
The products covered by this
investigation are paper bags from
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
Certain Paper Shopping Bags From the
Republic of Turkey: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 in the
Initiation Notice Commerce set aside a
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 Republic of
Turkey (Turkey) 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: Jeff
Pedersen or Luke Caruso, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
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 of Sales
at Less Than Fair Value in the Investigation of
Certain Paper Shopping Bags from the Republic of
Turkey,’’ 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).
DEPARTMENT OF COMMERCE
International Trade Administration
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2769 or (202) 482–2081,
respectively.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
339
period of time for parties to raise issues
regarding product coverage (i.e., scope).5
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
preliminarily modified the scope
language as it appeared in the Initiation
Notice. In the Preliminary Scope
Decision Memorandum, Commerce
established the deadline for parties to
submit scope case and rebuttal briefs.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, Commerce has
preliminarily determined an estimated
weighted-average dumping margin
based upon the facts otherwise
available, with adverse inferences
(AFA), to the 15 companies that failed
to respond to Commerce’s quantity and
value questionnaire and both mandatory
respondents, Artpack Kagit Ambalaj
Anonim Sirketi (Artpack) and Oztas
Ambalaj Sanayi ve Ticaret A.S. (Oztas).
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
assigned individual rates. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding
rates that are zero, de minimis or
determined entirely under section 776
of the Act. However, pursuant to section
735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins
established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
5 See
Initiation Notice, 88 FR at 41590.
Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
6 See
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 336-339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28940]
[[Page 336]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-917]
Certain Paper Shopping Bags From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
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 India 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: Gorden Struck, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8151.
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, 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, 88 FR 68097 (October 03, 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 India'' 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
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ in
the Initiation Notice, Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this investigation and accompanying discussion and analysis of all
comments timely received, see the Preliminary Scope Decision
Memorandum.\6\ As discussed in the Preliminary Scope Decision
Memorandum, Commerce preliminarily modified the scope language as it
appeared in the Initiation Notice. In the Preliminary Scope Decision
Memorandum, Commerce established the deadline for parties to submit
scope case and rebuttal briefs.
---------------------------------------------------------------------------
\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. 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 has relied
upon facts otherwise available, with adverse inferences (AFA) for Apex
Paper and Plastic and Film, Asha Overseas, Godhani Exports, and Pack
Easy Paper Products. For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
with respect to imports of paper bags from India for the two mandatory
respondents, Aero Plast Packaging Solution Private Limited (APSL) and
Kuloday Plastomers Pvt Ltd. (KPPL), and all other Indian producers and
exporters. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce preliminarily determined a zero rate for APSL. Therefore,
the only rate that is not zero, de minimis or based entirely on facts
otherwise available is the rate calculated for KPPL. Consequently, the
rate calculated for KPPL 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: \7\
---------------------------------------------------------------------------
\7\ Commerce preliminarily determines that Aero Plast Packaging
Solutions Private Limited, Aeroplast Limited, and Aero Business
Solutions Private Limited are a single entity. See Preliminary
Decision Memorandum.
[[Page 337]]
------------------------------------------------------------------------
Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy offset(s))
(percent) (percent)
------------------------------------------------------------------------
Aero Plast Packaging Solutions 0.00 Not Applicable
Private Limited; Aeroplast
Limited; Aero Business
Solutions Private Limited......
Kuloday Plastomers Pvt Ltd...... 10.64 7.17
Adeera Packaging Pvt. Ltd....... 10.64 7.17
Amate Products Pvt Ltd.......... 10.64 7.17
Apex Paper and Plastic and Film. * 57.87 54.40
Archies Limited................. 10.64 7.17
Asha Overseas................... * 57.87 54.40
Carrywell Packaging Pvt Ltd..... 10.64 7.17
Colorbox........................ 10.64 7.17
Dynaflex Private Limited........ 10.64 7.17
Godhani Exports................. * 57.87 54.40
Pack Easy Paper Products........ * 57.87 54.40
Pack Planet Pvt Ltd............. 10.64 7.17
Poonam.......................... 10.64 7.17
Shriniwas Enterprises........... 10.64 7.17
Tejaswi Plastic Pvt Ltd......... 10.64 7.17
The Velvin Group (DBA Velvin 10.64 7.17
Packaging Solutions Pvt. Ltd.
and Velvin Paper Products).....
Vama Packaging.................. 10.64 7.17
All Others...................... 10.64 7.17
------------------------------------------------------------------------
* Rate based on AFA.
Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates and preliminarily determines that APSL, the
individually examined respondent with a zero rate, has not made sales
of subject merchandise at LTFV.
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).
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, except as explained below; and (3)
the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
Because the estimated weighted-average dumping margin for APSL is
zero, entries of shipments of subject merchandise from this company
will not be subject to suspension of liquidation or cash deposit
requirements. In such situations, Commerce applies the exclusion to the
provisional measures to the producer/exporter combination that was
examined in the investigation. Accordingly, Commerce is directing CBP
not to suspend liquidation of entries of subject merchandise produced
and exported by APSL. Entries of shipments of subject merchandise from
this company in any other producer/exporter combination, or by third
parties that sourced subject merchandise from the excluded producer/
exporter combination, are subject to the provisional measures at the
all-others rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combination identified above,
entries of shipments of subject merchandise from the producer/exporter
combination will be excluded from the potential antidumping duty order.
Such an exclusion is not applicable to merchandise exported to the
United States by this respondent in any other producer/exporter
combination or by third parties that sourced subject merchandise from
the excluded producer/exporter combination.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margins by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found 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 estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
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 on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later
[[Page 338]]
than seven days after the date on which the last verification report is
issued in this investigation.\8\ A timeline for the submission of case
briefs and written comments will be notified to interested parties at a
later date. 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.\9\ 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.\10\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\9\ 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).
\10\ 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.\11\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\12\
---------------------------------------------------------------------------
\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and 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 the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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 petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the 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.\13\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.210(e)(2).
---------------------------------------------------------------------------
On November 21, 2023, Coalition for Fair Trade in Shopping Bags
(the petitioner) requested that Commerce postpone the final
determination in the event of a negative preliminary determination.\14\
On November 28, 2023, pursuant to 19 CFR 351.210(e), KPPL requested
that Commerce postpone the final determination in the event of an
affirmative preliminary determination and that provisional measures be
extended to a period not to exceed six months.\15\ 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, pursuant to section 735(a)(2) of the
Act.
---------------------------------------------------------------------------
\14\ See Petitioner's Letter, ``Certain Paper Shopping Bags from
Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan,
Turkey, and Vietnam/Petitioner's Request for Postponement of the
Final Determinations,'' dated November 21, 2023.
\15\ See KPPL's Letter, ``Request to Extend Final
Determination,'' dated November 28, 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. 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 paper bags from India 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 \16\ and (ii)
that are finished with folded tops or for which tied knots or t-bar
aglets (made of wood, metal,
[[Page 339]]
or plastic) are used to secure the handles to the bags.
---------------------------------------------------------------------------
\16\ 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. Use of Facts Available With Adverse Inferences
V. Discussion of the Methodology
VI. Preliminary Negative Determination of Critical Circumstances
VII. Currency Conversion
VIII. Adjustments to Cash Deposits Rates for Export Subsidies in
Companion Countervailing Duty Investigation
IX. Recommendation
[FR Doc. 2023-28940 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P
