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, 321-324 [2023-28945]
Download as PDF
<![CDATA[
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
Frm 00003
Fmt 4703
Sfmt 4703
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
322
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
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
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are paper bags from
Vietnam. For a complete description of
the scope of this investigation, see
Appendix I.
ddrumheller on DSK120RN23PROD with NOTICES1
Scope Comments
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
Vietnam is a non-market economy
(NME) country, within the meaning of
section 771(18) of the Act, Commerce
has calculated normal value in
accordance with section 773(c) 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), to assign a dumping
margin for the Vietnam-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 accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determines that critical
circumstances exist with respect to
imports of paper bags from Vietnam for
Goldsun Packaging and Printing Joint
Stock Company (Goldsun), the nonselected respondents eligible for a
separate rate, and the Vietnam-wide
entity. For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.9
Separate Rates
In this investigation, in addition to
Goldsun, we have preliminarily granted
certain non-individually examined
respondents a separate rate. However,
because Hi-Level Enterprise Co., Ltd.
(Hi-Level) requested a separate rate and
did not fully respond to Commerce’s
questionnaire as a mandatory
respondent, we have preliminarily
denied a separate rate to Hi-Level and
are treating it as part of the Vietnamwide entity.
In calculating the rate for nonindividually examined separate rate
respondents in NME antidumping duty
(AD) 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 AD
investigation, for guidance. Pursuant to
section 735(c)(5)(A) of the Act, normally
this rate shall be an amount equal to the
weighted average of the estimated AD
rate established for those companies
individually examined, excluding zero
and de minimis and any rates based
entirely under section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Goldsun that is not zero, de
minimis, or based entirely on facts
otherwise available. Thus, the weighted
average dumping margin calculated for
Goldsun is the basis to determine the
weighted-average dumping margin for
the non-examined separate rate
companies, using section 735(c)(5)(A) of
the Act for guidance, which provides for
the determination of the estimated
weighted-average dumping for all other
producers and exporters in a market
economy investigation. See the below
table in the ‘‘Preliminary
Determination’’ section of this notice.
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
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
Preliminary Determination
1 See Certain Paper Shopping Bags from
Cambodia, the People’s Republic of China,
Colombia, India, Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist Republic of
Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 88 FR 41589 (June 27, 2023)
(Initiation Notice).
2 See Certain Paper Shopping Bags from
Cambodia, the People’s Republic of China,
Colombia, India, Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist Republic of
Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 88 FR 68097 (October 3, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain Paper
Shopping Bags from the Socialist Republic of
Vietnam,’’ 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 AD Initiation Notice, 88 FR at 41590; see
also Certain Paper Shopping Bags from the People’s
Republic of China and India: Postponement of
Preliminary Determinations in the Countervailing
Duty Investigations, 88 FR 41380, 41381 (August 7,
2023).
6 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
7 These companies are NamCuong Packaging, Pan
Pacific Vietnam, SIC Paper Bag, Kien Nang, Co.,
Ltd., and TLC Packaging. Moreover, International
Packaging Limited Company is ineligible for a
separate rate because it did not have a sale during
the POI. See Preliminary Decision Memorandum.
8 See Initiation Notice, 88 FR at 41593.
9 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 at https://access.trade.gov/
Resources/policy/bull05-1.pdf.
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
Vietnam-Wide Entity
Commerce preliminarily finds that
several companies, including one
mandatory respondent (Hi-Level, as
discussed below), have not established
their eligibility for a separate rate and
are considered to be part of the
Vietnam-wide entity.7
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
E:\FR\FM\03JAN1.SGM
03JAN1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
323
Weighted-average
dumping margin
(percent)
Producer
Exporter
Goldsun Packaging and Printing Joint Stock Company .........
Dong Sung Vina Printing Co., Ltd 10 .......................................
Khang Thanh Manufacturing Company Limited ......................
Vietnam Red Star Industry Company Limited .........................
Vietnam-Wide Entity ................................................................
Goldsun Packaging and Printing Joint Stock Company .........
Dong Sung Printing Co., Ltd 11 ...............................................
Khang Thannh Manufacturing Company Limited ...................
Vietnam Red Star Industry Company Limited ........................
..................................................................................................
51.25
51.25
51.25
51.25
* 92.34
* Rate based on AFA.
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 accordance
with 19 CFR 351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
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 90 days prior to the date of
publication of this notice in the Federal
Register, 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 combination 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 Vietnam 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 weightedaverage dumping margin established for
the Vietnam-wide entity; and (3) for all
third-county exporters of subject
merchandise not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Vietnam
producer/exporter combination (or the
Vietnam-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
10 Dong Sung is sometimes translated as one word
‘‘Dongsung.’’
11 Id.
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
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 Goldsun, the
non-selected respondents eligible for a
separate rate, and the Vietnam-wide
entity.11 In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all
unliquidated entries of merchandise
from Goldsun, the non-selected
respondents eligible for a separate rate,
and the Vietnam-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.
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
information relied upon in making its
final determination.
Public Comment
Case briefs or other written
comments 12 may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
investigation.13 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.14 Interested
parties who submit case briefs or
rebuttal briefs in this proceeding must
submit: (1) a table of contents listing
12 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
13 Case briefs and rebuttal briefs submitted in
response to this preliminary LTFV determination
should not include scope-related issues. See
Preliminary Scope Decision Memorandum.
14 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).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
each issue; and (2) a table of
authorities.15
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.16 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).17
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 the date and time of the hearing
two days before the scheduled date.
15 See
19 351.309(c)(2) and (d)(2).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Service Final Rule.
16 We
E:\FR\FM\03JAN1.SGM
03JAN1
324
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
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by exporters for postponement
of a final determination be accompanied
by a request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On November 21, 2023, the Coalition
for Fair Trade in Shopping Bags (the
petitioner) requested that Commerce
postpone the final determination in the
event of a negative preliminary
determination.18 On December 20, 2023,
Goldsun timely requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months in the event of an
affirmative preliminary determination.19
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
18 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of the Final Determinations,’’ dated
November 21, 2023.
19 See Goldsun’s Letter, ‘‘Request to Extend Final
Determination,’’ dated December 20, 2023.
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The products within the scope of this
investigation are paper shopping bags with
handles of any type, regardless of whether
there is any printing, regardless of how the
top edges are finished (e.g., folded, serrated,
or otherwise finished), regardless of color,
and regardless of whether the top edges
contain adhesive or other material for sealing
closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at
least 2.5 inches.
Paper shopping bags typically are made of
kraft paper but can be made from any type
of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per
square meter (GSM).
A non-exhaustive illustrative list of the
types of handles on shopping bags covered
by the scope include handles made from any
materials such as twisted paper, flat paper,
yarn, ribbon, rope, string, or plastic, as well
as die-cut handles (whether the punchout is
fully removed or partially attached as a flap).
Excluded from the scope are:
• Paper sacks or bags that are of a 1⁄6 or 1⁄7
barrel size (i.e., 11.5–12.5 inches in width,
6.5–7.5 inches in depth, and 13.5–17.5
inches in height) with flat paper handles or
die-cut handles;
• Paper sacks or bags with die-cut handles,
a grams per square meter paper weight of less
than 86 GSM, and a height of less than 11.5
inches; and
• Paper sacks or bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric 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).
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 00006
Fmt 4703
Sfmt 4703
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. Preliminary Affirmative Determination of
Critical Circumstances
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–28945 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar From India: Final
Results of the Expedited Fifth Sunset
Review of the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
sunset review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on stainless steel bar (SS Bar)
from India would be likely to lead to
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Expedited Sunset Review’’
section of this notice.
DATES: Applicable January 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Garry Kasparov, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1397.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 21, 1995, Commerce
published in the Federal Register the
AD Order on SS Bar from India.1 On
September 1, 2023, Commerce
published Initiation Notice of the fifth
sunset review of the Order, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.218(c)(2).2
1 See Antidumping Duty Orders: Stainless Steel
Bar from Brazil, India and Japan, 60 FR 9661
(February 21, 1995) (Order).
2 See Initiation of Five-Year Reviews, 88 FR 60438
(September 1, 2023) (Initiation Notice).
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 321-324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28945]
-----------------------------------------------------------------------
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
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
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.
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
[[Page 322]]
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 discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Paper Shopping Bags from the Socialist Republic of
Vietnam,'' 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
Vietnam. 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 AD Initiation Notice, 88 FR at 41590; see also Certain
Paper Shopping Bags from the People's Republic of China and India:
Postponement of Preliminary Determinations in the Countervailing
Duty Investigations, 88 FR 41380, 41381 (August 7, 2023).
\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 Vietnam is a non-
market economy (NME) country, within the meaning of section 771(18) of
the Act, Commerce has calculated normal value in accordance with
section 773(c) 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), to assign a dumping margin for the Vietnam-
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 accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist
with respect to imports of paper bags from Vietnam for Goldsun
Packaging and Printing Joint Stock Company (Goldsun), the non-selected
respondents eligible for a separate rate, and the Vietnam-wide entity.
For a full description of the methodology and results of Commerce's
analysis, see the Preliminary Decision Memorandum.
Vietnam-Wide Entity
Commerce preliminarily finds that several companies, including one
mandatory respondent (Hi-Level, as discussed below), have not
established their eligibility for a separate rate and are considered to
be part of the Vietnam-wide entity.\7\
---------------------------------------------------------------------------
\7\ These companies are NamCuong Packaging, Pan Pacific Vietnam,
SIC Paper Bag, Kien Nang, Co., Ltd., and TLC Packaging. Moreover,
International Packaging Limited Company is ineligible for a separate
rate because it did not have a sale during the POI. See Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
---------------------------------------------------------------------------
\8\ See Initiation Notice, 88 FR at 41593.
\9\ 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 at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Separate Rates
In this investigation, in addition to Goldsun, we have
preliminarily granted certain non-individually examined respondents a
separate rate. However, because Hi-Level Enterprise Co., Ltd. (Hi-
Level) requested a separate rate and did not fully respond to
Commerce's questionnaire as a mandatory respondent, we have
preliminarily denied a separate rate to Hi-Level and are treating it as
part of the Vietnam-wide entity.
In calculating the rate for non-individually examined separate rate
respondents in NME antidumping duty (AD) 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 AD
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the
Act, normally this rate shall be an amount equal to the weighted
average of the estimated AD rate established for those companies
individually examined, excluding zero and de minimis and any rates
based entirely under section 776 of the Act. Commerce calculated an
individual estimated weighted-average dumping margin for Goldsun that
is not zero, de minimis, or based entirely on facts otherwise
available. Thus, the weighted average dumping margin calculated for
Goldsun is the basis to determine the weighted-average dumping margin
for the non-examined separate rate companies, using section
735(c)(5)(A) of the Act for guidance, which provides for the
determination of the estimated weighted-average dumping for all other
producers and exporters in a market economy investigation. See the
below table in the ``Preliminary Determination'' section of this
notice.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 323]]
------------------------------------------------------------------------
Weighted-average
Producer Exporter dumping margin
(percent)
------------------------------------------------------------------------
Goldsun Packaging and Printing Goldsun Packaging and 51.25
Joint Stock Company. Printing Joint Stock
Company.
Dong Sung Vina Printing Co., Dong Sung Printing 51.25
Ltd \10\. Co., Ltd \11\.
Khang Thanh Manufacturing Khang Thannh 51.25
Company Limited. Manufacturing
Company Limited.
Vietnam Red Star Industry Vietnam Red Star 51.25
Company Limited. Industry Company
Limited.
Vietnam-Wide Entity........... ..................... * 92.34
------------------------------------------------------------------------
* Rate based on AFA.
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
accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------
\10\ Dong Sung is sometimes translated as one word ``Dongsung.''
\11\ Id.
---------------------------------------------------------------------------
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 90
days prior to the date of publication of this notice in the Federal
Register, 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 combination 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 Vietnam 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 Vietnam-wide entity; and (3) for all third-
county exporters of subject merchandise not listed in the table above,
the cash deposit rate is the cash deposit rate applicable to the
Vietnam producer/exporter combination (or the Vietnam-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 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 Goldsun, the non-selected respondents eligible for a
separate rate, and the Vietnam-wide entity.\11\ In accordance with
section 733(e)(2)(A) of the Act, the suspension of liquidation shall
apply to all unliquidated entries of merchandise from Goldsun, the non-
selected respondents eligible for a separate rate, and the Vietnam-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.
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 information relied upon in making its final determination.
Public Comment
Case briefs or other written comments \12\ may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this investigation.\13\ 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.\14\ 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.\15\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\13\ Case briefs and rebuttal briefs submitted in response to
this preliminary LTFV determination should not include scope-related
issues. See Preliminary Scope Decision Memorandum.
\14\ 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).
\15\ 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.\16\
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).\17\
---------------------------------------------------------------------------
\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ 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 the date and time of the hearing two
days before the scheduled date.
[[Page 324]]
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 exporters for postponement of a final determination be
accompanied by a request for extension of provisional measures from a
four-month period to a period not more than six months in duration.
On November 21, 2023, the Coalition for Fair Trade in Shopping Bags
(the petitioner) requested that Commerce postpone the final
determination in the event of a negative preliminary determination.\18\
On December 20, 2023, Goldsun timely requested that Commerce postpone
the final determination and that provisional measures be extended to a
period not to exceed six months in the event of an affirmative
preliminary determination.\19\ 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.
---------------------------------------------------------------------------
\18\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of the Final Determinations,'' dated November 21, 2023.
\19\ See Goldsun's Letter, ``Request to Extend Final
Determination,'' dated December 20, 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 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. Preliminary Affirmative Determination of Critical Circumstances
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-28945 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P
