Certain Paper Plates From the People's Republic of China and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations, 13043-13047 [2024-03527]

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Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via www.facadatabase.gov under the Commission on Civil Rights, Georgia Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https://www.usccr.gov, or may contact the Regional Programs Coordination Unit at svillanueva@ usccr.gov. Agenda I. Welcome & Roll Call II. Approval of Minutes III. Announcements and Updates IV. Discussion: Post-Report Activities V. Next Steps VI. Public Comment VII. Adjournment Dated: February 15, 2024. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2024–03524 Filed 2–20–24; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Census Bureau khammond on DSKJM1Z7X2PROD with NOTICES Census Scientific Advisory Committee Census Bureau, Department of Commerce. ACTION: Notice of public virtual meeting. AGENCY: The Census Bureau is giving notice of a virtual meeting of the Census Scientific Advisory Committee (CSAC or Committee). The Committee will address policy, research, and technical SUMMARY: VerDate Sep<11>2014 17:43 Feb 20, 2024 Jkt 262001 issues relating to a full range of Census Bureau programs and activities, including decennial, economic, field operations, information technology, and statistics. Last minute changes to the schedule are possible, which could prevent giving advance public notice of schedule adjustments. The virtual meeting will be held on: • Thursday, March 14, 2024, from 8:30 a.m. to 5:00 p.m. EDT, and • Friday, March 15, 2024, from 8:30 a.m. to 2:30 p.m. EDT. DATES: Please visit the Census Advisory Committee website at https:// www.census.gov/about/cac/sac/ meetings/2024-03-meeting.html, for the CSAC meeting information, including the agenda, and how to join the meeting. 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Any public comments received after the deadline will be posted to the website listed in the ADDRESSES section. Robert L. Santos, Director, Census Bureau, approved the publication of this notice in the Federal Register. SUPPLEMENTARY INFORMATION: Dated: February 13, 2024. Shannon Wink, Program Analyst, Policy Coordination Office, U.S. Census Bureau. [FR Doc. 2024–03475 Filed 2–20–24; 8:45 am] BILLING CODE 3510–07–P PO 00000 13043 DEPARTMENT OF COMMERCE International Trade Administration [C–570–165; C–552–840] Certain Paper Plates From the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 14, 2024. FOR FURTHER INFORMATION CONTACT: Mary Kolberg (Socialist Republic of Vietnam (Vietnam)) and Eliza DeLong (People’s Republic of China (China)), AD/CVD Operations, Offices I and V, respectively, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1785 or (202) 482–3878, respectively. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions On January 25, 2024, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of certain paper plates (paper plates) from China and Vietnam filed in proper form on behalf of the American Paper Plate Coalition (the petitioner).1 The CVD petitions were accompanied by antidumping duty (AD) petitions concerning imports of paper plates from China, Thailand, and Vietnam.2 Between January 29 and February 6, 2024, Commerce requested supplemental information pertaining to certain aspects of the Petitions in separate supplemental questionnaires.3 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Certain Paper Plates from the People’s Republic of China, The Kingdom of Thailand, and the Socialist Republic of Vietnam,’’ dated January 25, 2024 (Petitions). The members of the American Paper Plate Coalition are AJM Packaging Corporation, Aspen Products, Inc., Dart Container Corporation, Hoffmaster Group, Inc., Huhtamaki Americas, Inc., and Unique Industries, Inc. 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Paper Plates from the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam: Supplemental Questions,’’ dated January 29, 2024 (General Issues Questionnaire); see also ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Paper Plates from Socialist Republic of Vietnam: Supplemental Questions,’’ dated January 29, 2024; ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Paper Plates from the People’s Republic of China: Supplemental Questions,’’ dated January 30, 2024; and Continued Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\21FEN1.SGM 21FEN1 13044 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices The petitioner filed responses to the supplemental questionnaires between January 31 and February 8, 2024.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) and the Government of Vietnam (GOV) (collectively, Governments) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of paper plates from China and Vietnam, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing paper plates in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions were accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(F) of the Act.5 Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested CVD investigations.6 Period of Investigation Because the Petitions were filed on January 25, 2024, the period of investigation (POI) for China and Vietnam is January 1, 2023, through December 31, 2023.7 khammond on DSKJM1Z7X2PROD with NOTICES Scope of the Investigations The merchandise covered by these investigations is paper plates from China and Vietnam. For a full description of the scope of these investigations, see the appendix to this notice. Memorandum, ‘‘Phone Call,’’ dated February 6, 2024 (February 6 Memorandum). 4 See Petitioner’s Letters, ‘‘Certain Paper Plates from the People’s Republic of China: Response to Supplemental Questionnaire for Volume III of the Petition,’’ dated January 31, 2024; see also ‘‘Certain Paper Plates from the Socialist Republic of Vietnam: Response to Supplemental Questionnaire for Volume V of the Petition,’’ dated February 1, 2024; ‘‘Certain Paper Plates from the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam: Petitioner’s Responses to Supplemental Questions—General Issues,’’ dated February 2, 2024 (First General Issues Supplement); ‘‘Certain Paper Plates from the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam: Petitioner’s Responses to Supplemental Questions—General Issues,’’ dated February 8, 2024 (Second General Issues Supplement). 5 The members of the American Paper Plate Coalition are interested parties as defined under section 771(9)(C) of the Act. 6 See ‘‘Determination of Industry Support for the Petitions’’ section, infra. 7 See 19 CFR 351.204(b)(2). VerDate Sep<11>2014 17:43 Feb 20, 2024 Jkt 262001 Comments on the Scope of the Investigations On January 29 and February 6, 2024, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief.8 On February 2 and 8, 2024, the petitioner provided clarifications and revised the scope.9 The description of merchandise covered by these investigations, as described in the appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).10 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information, all such factual information should be limited to public information.11 To facilitate preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on March 5, 2024, which is 20 calendar days from the signature date of this notice.12 Any rebuttal comments, which may include factual information, must be filed by 5 p.m. ET on March 15, 2024, which is 10 calendar days from the initial comment deadline. Commerce requests that any factual information that parties consider relevant to the scope of these investigations be submitted during that period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party must contact Commerce and request permission to submit the additional information. All scope comments must be filed simultaneously on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and 8 See General Issues Questionnaire; see also February 6 Memorandum. 9 See First General Issues Supplement at 5–11; see also Second General Issues Supplement at 3–6. 10 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312. 11 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 12 See 19 CFR 351.303(b)(1). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.13 An electronically-filed document must be received successfully in its entirety by the time and date it is due. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the Governments of the receipt of the Petitions and provided an opportunity for consultations with respect to the Petitions.14 Commerce held consultations with the GOV on February 8, 2024.15 The GOC did not request consultations.16 Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ 13 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. 14 See Commerce’s Letters, ‘‘Countervailing Duty Petition on Certain Paper Plates from the People’s Republic of China,’’ dated January 26, 2024; and ‘‘Countervailing Duty Petition on Certain Paper Plates from the Socialist Republic of Vietnam,’’ dated January 29, 2024. 15 See Memorandum, ‘‘Paper Plates from Vietnam: Consultations with Socialist Republic of Vietnam,’’ dated February 8, 2024. 16 In lieu of consultations, the GOC submitted comments regarding the initiation. See GOC’s Letter, ‘‘China-USA Consultations with Respect to the Possible Initiation of Countervailing Investigation against Imports of Certain Paper Plates from China,’’ dated February 6, 2024. E:\FR\FM\21FEN1.SGM 21FEN1 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC apply the same statutory definition regarding the domestic like product,17 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.18 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic-like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigations.19 Based on our analysis of the information submitted on the record, we have determined that paper plates, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.20 17 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d Algoma Steel Corp., Ltd. v. United States, 865 F.2d 240 (Fed. Cir. 1989)). 19 See Petitions at Volume I (pages 11–13); see also First General Issues Supplement at 17–18. 20 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Countervailing Duty Investigation Initiation Checklists: Certain Paper Plates from the People’s Republic of China and the Socialist Republic of Vietnam (Country-Specific CVD Initiation Checklists) at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Paper Plates from the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam (Attachment II). These checklists are dated concurrently with this notice and on file electronically via ACCESS. khammond on DSKJM1Z7X2PROD with NOTICES 18 See VerDate Sep<11>2014 17:43 Feb 20, 2024 Jkt 262001 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in the appendix to this notice. To establish industry support, the petitioner provided its own shipments of the domestic like product in 2023 and compared this to the estimated total 2023 shipments of the domestic like product for the entire domestic industry.21 Because total industry production data for the domestic like product for 2023 are not reasonably available to the petitioner, and the petitioner has established that shipments are a reasonable proxy for production data,22 we have relied on the data provided by the petitioner for purposes of measuring industry support.23 Our review of the data provided in the Petitions, the First General Issues Supplement, the Second General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petitions.24 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).25 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.26 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or 21 See First General Issues Supplement at 12–14, 16, and Attachments 2–4; see also Second General Issues Supplement at 7–8 and Attachment 1. 22 See Petitions at Volume I (page 4 and Exhibit I–2); see also First General Issues Supplement at 12 and 14. 23 See Petitions at Volume I (pages 3–4); see also First General Issues Supplement at 11–16 and Attachments 2–4; and Second General Issues Supplement at 7–8 and Attachment 1. 24 See Petitions at Volume I (pages 3–4); see also First General Issues Supplement at 11–16 and Attachments 2–4; and Second General Issues Supplement at 6–8 and Attachments 1–3. For further discussion, see Attachment II of the Country-Specific CVD Initiation Checklists. 25 See Attachment II of the Country-Specific CVD Initiation Checklists; see also section 702(c)(4)(D) of the Act. 26 See Attachment II of the Country-Specific CVD Initiation Checklists. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 13045 workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.27 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.28 Injury Test Because China and Vietnam are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from China and/or Vietnam materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports from China and Vietnam exceed the negligibility threshold provided for under section 771(24)(A) of the Act.29 The petitioner contends that the industry’s injured condition is illustrated by the significant volume of subject imports; underselling and price depression and/or suppression; loss of market share; decrease in production volume and capacity utilization; and lost sales and revenues.30 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.31 Initiation of CVD Investigations Based upon the examination of the Petitions and supplemental responses, 27 Id. 28 Id. 29 See Petitions at Volume I (pages 15–16 and Exhibit I–8). 30 Id. at 15–39 and Exhibits I–2, I–3, I–7 through I–35; see also First General Issues Supplement at 18–19. 31 See Country-Specific CVD Initiation Checklists at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Paper Plates from the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam. E:\FR\FM\21FEN1.SGM 21FEN1 13046 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of paper plates from China and Vietnam benefit from countervailable subsidies conferred by the GOC and the GOV. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of these initiations. China Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on all of the 19 programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. khammond on DSKJM1Z7X2PROD with NOTICES Vietnam Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on all of the 22 programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the Vietnam CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection The petitioner identified 149 companies in China and nine companies in Vietnam as producers and/or exporters of paper plates.32 Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in these investigations. In the event that Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce’s resources, Commerce intends to select mandatory respondents as discussed below. Commerce normally selects mandatory respondents in CVD investigations using U.S. Customs and Border Protection (CBP) entry data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) subheadings listed in the scope of the investigations.33 However, for these 32 See First General Issues Supplement at 3–4 and Attachment 1. 33 On February 9, 2024, Commerce released CBP data on U.S. imports of paper plates from China and VerDate Sep<11>2014 17:43 Feb 20, 2024 Jkt 262001 investigations, because the HTSUS subheading listed in the scope is a basket category, we cannot rely on CBP entry data in selecting respondents. Therefore, Commerce will rely on quantity and value (Q&V) questionnaires for respondent selection. Further, due to the large number of producers and/or exporters identified in the Petition for China, Commerce has determined to limit the number of Q&V questionnaires that it will issue to exporters and producers based on CBP data for paper plates from China during the POI under the appropriate HTSUS subheadings listed in the ‘‘Scope of the Investigations,’’ in the appendix. Accordingly, Commerce will send Q&V questionnaires to the largest producers and exporters that are identified in the CBP data for which there is complete address information on the record. With respect to Vietnam, Commerce intends to send Q&V questionnaires to all producers and exporters that are identified in the Petition for which there is complete address information on the record. Commerce will post the Q&V questionnaires along with filing instructions on Commerce’s website at https://www.trade.gov/ec-adcvdcaseannouncements. Exporters/ producers of paper plates from China and Vietnam that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain the Q&V questionnaire from Enforcement and Compliance’s website. Responses to the Q&V questionnaire must be submitted by the relevant producers/exporters no later than 5:00 p.m. ET on February 28, 2024, which is two weeks from the signature date of this notice. All Q&V questionnaire responses must be filed electronically via ACCESS. An electronically filed document must be received successfully, in its entirety, by Vietnam under administrative protective order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on the CBP data and/ or respondent selection must do so within three business days after the publication date of the notice of initiation of these investigations. See Memoranda, ‘‘Certain Paper Plates from the People’s Republic of China Countervailing Duty Petition: Release of U.S. Customs and Border Protection Entry Data,’’ dated February 9, 2024; ‘‘Certain Paper Plates from the Socialist Republic of Vietnam Countervailing Duty Petition: Release of U.S. Customs and Border Protection Entry Data,’’ dated February 9, 2024. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https:// www.trade.gov/administrative-protective-orders. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 ACCESS no later than 5:00 p.m. ET on the deadline noted above. Commerce intends to finalize its decision regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petitions has been provided to the GOC and the GOV via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of paper plates from China and/or Vietnam are materially injuring, or threatening material injury to, a U.S. industry.34 A negative ITC determination for either country will result in the investigation being terminated with respect to that country.35 Otherwise, these CVD investigations will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 36 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.37 Time limits for the 34 See section 703(a)(1) of the Act. 35 Id. 36 See 37 See E:\FR\FM\21FEN1.SGM 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 21FEN1 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301, or as otherwise specified by Commerce.38 For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances we will grant untimely filed requests for the extension of time limits. Parties should review Commerce’s regulations concerning the extension of time limits and the Time Limits Final Rule prior to submitting factual information in these investigations.39 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.40 Parties must use the certification formats provided in 19 CFR 351.303(g).41 Commerce intends to reject factual submissions if the submitting party does not comply with khammond on DSKJM1Z7X2PROD with NOTICES 38 See 19 CFR 351.302. 39 See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm. 40 See section 782(b) of the Act. 41 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional information regarding the Final Rule is available at https:// access.trade.gov/Resources/filing/. VerDate Sep<11>2014 17:43 Feb 20, 2024 Jkt 262001 the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letters of appearance). Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information and has made additional clarifications and corrections to its AD/ CVD regulations.42 This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). Dated: February 14, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigations The merchandise subject to these investigations is certain paper plates. Paper plates subject to these investigations may be cut from rolls, sheets, or other pieces of paper and/or paper board. Paper plates subject to these investigations have a depth up to and including two (2.0) inches, as measured vertically from the base to the top of the lip, or the edge if the plate has no lip. Paper plates subject to these investigations may be uncolored, white, colored, or printed. Printed paper plates subject to these investigations may have any type of surface finish, and may be printed by any means with images, text and/or colors on one or both surfaces. Colored paper plates subject to this investigation may be colored by any method, including but not limited to printing, beaterdyeing, and dip-dyeing. Paper plates subject to these investigations may be produced from paper of any type (including, but not limited to, bamboo, straws, bagasse, hemp, kenaf, jute, sisal, abaca, cotton inters and reeds, or from non-plant sources, such as synthetic resin (petroleum)-based resins), may have any caliper or basis weight, may have any shape or size, may have one or more than one section, may be embossed, may have foil or other substances adhered to their surface, and/or may be uncoated or coated with any type of coating. The paper plates subject to these investigations remain covered by the scope of these investigations whether imported alone, or in any combination of subject and nonsubject merchandise. When paper plates subject to these investigations are imported in combination with non-subject 42 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 13047 merchandise, only the paper plates subject to these investigations are subject merchandise. The paper plates subject to these investigations include paper plates matching the above description that have been finished, packaged, or otherwise processed in a third country by performing finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the paper plates. Examples of finishing, packaging, or other processing in a third country that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the paper plates include, but are not limited to, printing, application of other surface treatments such as coatings, repackaging, embossing, and application of foil surface treatments. Excluded from the scope of these investigations are paper plates molded or pressed directly from paper pulp (including but not limited to unfelted pulp), which are currently classifiable under subheading 4823.70.0020 of the Harmonized Tariff Schedule of the United States (HTSUS). Also excluded from the scope of these investigations are articles that otherwise would be covered but which exhibit the following two physical characteristics: (a) depth (measured vertically from the base to the top of the lip, or edge if no lip) equal to or greater than 1.25 inches but less than two (2.0) inches, and (b) a base not exceeding five (5.0) inches in diameter if round, or not exceeding 20 square inches in area if any other shape. Also excluded from the scope of these investigations are paper bowls, paper buckets, and paper food containers with closeable lids. Paper plates subject to these investigations are currently classifiable under HTSUS subheading 4823.69.0040. Paper plates subject to these investigations also may be classified under HTSUS subheading 4823.61.0040. If packaged with other articles, the paper plates subject to these investigations also may be classified under HTSUS subheadings 9505.90.4000 and 9505.90.6000. While the HTSUS subheading(s) are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. [FR Doc. 2024–03527 Filed 2–20–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting of a Federal Advisory Committee. AGENCY: The Environmental Technologies Trade Advisory SUMMARY: E:\FR\FM\21FEN1.SGM 21FEN1

Agencies

[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Notices]
[Pages 13043-13047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03527]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-165; C-552-840]


Certain Paper Plates From the People's Republic of China and the 
Socialist Republic of Vietnam: Initiation of Countervailing Duty 
Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable February 14, 2024.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg (Socialist Republic of 
Vietnam (Vietnam)) and Eliza DeLong (People's Republic of China 
(China)), AD/CVD Operations, Offices I and V, respectively, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-1785 or (202) 482-3878, respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On January 25, 2024, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
certain paper plates (paper plates) from China and Vietnam filed in 
proper form on behalf of the American Paper Plate Coalition (the 
petitioner).\1\ The CVD petitions were accompanied by antidumping duty 
(AD) petitions concerning imports of paper plates from China, Thailand, 
and Vietnam.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: Certain Paper Plates from the 
People's Republic of China, The Kingdom of Thailand, and the 
Socialist Republic of Vietnam,'' dated January 25, 2024 (Petitions). 
The members of the American Paper Plate Coalition are AJM Packaging 
Corporation, Aspen Products, Inc., Dart Container Corporation, 
Hoffmaster Group, Inc., Huhtamaki Americas, Inc., and Unique 
Industries, Inc.
    \2\ Id.
---------------------------------------------------------------------------

    Between January 29 and February 6, 2024, Commerce requested 
supplemental information pertaining to certain aspects of the Petitions 
in separate supplemental questionnaires.\3\

[[Page 13044]]

The petitioner filed responses to the supplemental questionnaires 
between January 31 and February 8, 2024.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Paper 
Plates from the People's Republic of China, Thailand, and the 
Socialist Republic of Vietnam: Supplemental Questions,'' dated 
January 29, 2024 (General Issues Questionnaire); see also ``Petition 
for the Imposition of Countervailing Duties on Imports of Certain 
Paper Plates from Socialist Republic of Vietnam: Supplemental 
Questions,'' dated January 29, 2024; ``Petition for the Imposition 
of Countervailing Duties on Imports of Certain Paper Plates from the 
People's Republic of China: Supplemental Questions,'' dated January 
30, 2024; and Memorandum, ``Phone Call,'' dated February 6, 2024 
(February 6 Memorandum).
    \4\ See Petitioner's Letters, ``Certain Paper Plates from the 
People's Republic of China: Response to Supplemental Questionnaire 
for Volume III of the Petition,'' dated January 31, 2024; see also 
``Certain Paper Plates from the Socialist Republic of Vietnam: 
Response to Supplemental Questionnaire for Volume V of the 
Petition,'' dated February 1, 2024; ``Certain Paper Plates from the 
People's Republic of China, Thailand, and the Socialist Republic of 
Vietnam: Petitioner's Responses to Supplemental Questions--General 
Issues,'' dated February 2, 2024 (First General Issues Supplement); 
``Certain Paper Plates from the People's Republic of China, 
Thailand, and the Socialist Republic of Vietnam: Petitioner's 
Responses to Supplemental Questions--General Issues,'' dated 
February 8, 2024 (Second General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) and the Government of Vietnam (GOV) (collectively, Governments) 
are providing countervailable subsidies, within the meaning of sections 
701 and 771(5) of the Act, to producers of paper plates from China and 
Vietnam, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing paper plates in the 
United States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating CVD 
investigations, the Petitions were accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(F) of the Act.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested CVD investigations.\6\
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    \5\ The members of the American Paper Plate Coalition are 
interested parties as defined under section 771(9)(C) of the Act.
    \6\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
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Period of Investigation

    Because the Petitions were filed on January 25, 2024, the period of 
investigation (POI) for China and Vietnam is January 1, 2023, through 
December 31, 2023.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigations

    The merchandise covered by these investigations is paper plates 
from China and Vietnam. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On January 29 and February 6, 2024, Commerce requested information 
and clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\8\ On February 2 and 8, 2024, the petitioner provided 
clarifications and revised the scope.\9\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects these clarifications.
---------------------------------------------------------------------------

    \8\ See General Issues Questionnaire; see also February 6 
Memorandum.
    \9\ See First General Issues Supplement at 5-11; see also Second 
General Issues Supplement at 3-6.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\10\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on March 5, 
2024, which is 20 calendar days from the signature date of this 
notice.\12\ Any rebuttal comments, which may include factual 
information, must be filed by 5 p.m. ET on March 15, 2024, which is 10 
calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \10\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\13\ An electronically-filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the Governments of the receipt of the Petitions and provided 
an opportunity for consultations with respect to the Petitions.\14\ 
Commerce held consultations with the GOV on February 8, 2024.\15\ The 
GOC did not request consultations.\16\
---------------------------------------------------------------------------

    \14\ See Commerce's Letters, ``Countervailing Duty Petition on 
Certain Paper Plates from the People's Republic of China,'' dated 
January 26, 2024; and ``Countervailing Duty Petition on Certain 
Paper Plates from the Socialist Republic of Vietnam,'' dated January 
29, 2024.
    \15\ See Memorandum, ``Paper Plates from Vietnam: Consultations 
with Socialist Republic of Vietnam,'' dated February 8, 2024.
    \16\ In lieu of consultations, the GOC submitted comments 
regarding the initiation. See GOC's Letter, ``China-USA 
Consultations with Respect to the Possible Initiation of 
Countervailing Investigation against Imports of Certain Paper Plates 
from China,'' dated February 6, 2024.
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''

[[Page 13045]]

    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\17\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\18\
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    \17\ See section 771(10) of the Act.
    \18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic-
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\19\ Based on our analysis of the information 
submitted on the record, we have determined that paper plates, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\20\
---------------------------------------------------------------------------

    \19\ See Petitions at Volume I (pages 11-13); see also First 
General Issues Supplement at 17-18.
    \20\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Countervailing Duty Investigation Initiation Checklists: Certain 
Paper Plates from the People's Republic of China and the Socialist 
Republic of Vietnam (Country-Specific CVD Initiation Checklists) at 
Attachment II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering Certain Paper Plates from the 
People's Republic of China, Thailand, and the Socialist Republic of 
Vietnam (Attachment II). These checklists are dated concurrently 
with this notice and on file electronically via ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own shipments of the domestic like product in 2023 and compared this to 
the estimated total 2023 shipments of the domestic like product for the 
entire domestic industry.\21\ Because total industry production data 
for the domestic like product for 2023 are not reasonably available to 
the petitioner, and the petitioner has established that shipments are a 
reasonable proxy for production data,\22\ we have relied on the data 
provided by the petitioner for purposes of measuring industry 
support.\23\
---------------------------------------------------------------------------

    \21\ See First General Issues Supplement at 12-14, 16, and 
Attachments 2-4; see also Second General Issues Supplement at 7-8 
and Attachment 1.
    \22\ See Petitions at Volume I (page 4 and Exhibit I-2); see 
also First General Issues Supplement at 12 and 14.
    \23\ See Petitions at Volume I (pages 3-4); see also First 
General Issues Supplement at 11-16 and Attachments 2-4; and Second 
General Issues Supplement at 7-8 and Attachment 1.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petitions.\24\ First, the 
Petitions established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to evaluate industry support (e.g., 
polling).\25\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petitions account for at least 25 percent of the total production of 
the domestic like product.\26\ Finally, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 702(c)(4)(A)(ii) of the Act because the domestic producers (or 
workers) who support the Petitions account for more than 50 percent of 
the production of the domestic like product produced by that portion of 
the industry expressing support for, or opposition to, the 
Petitions.\27\ Accordingly, Commerce determines that the Petitions were 
filed on behalf of the domestic industry within the meaning of section 
702(b)(1) of the Act.\28\
---------------------------------------------------------------------------

    \24\ See Petitions at Volume I (pages 3-4); see also First 
General Issues Supplement at 11-16 and Attachments 2-4; and Second 
General Issues Supplement at 6-8 and Attachments 1-3. For further 
discussion, see Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \25\ See Attachment II of the Country-Specific CVD Initiation 
Checklists; see also section 702(c)(4)(D) of the Act.
    \26\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \27\ Id.
    \28\ Id.
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Injury Test

    Because China and Vietnam are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from China and/or 
Vietnam materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from China and Vietnam exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\29\
---------------------------------------------------------------------------

    \29\ See Petitions at Volume I (pages 15-16 and Exhibit I-8).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume of subject imports; underselling 
and price depression and/or suppression; loss of market share; decrease 
in production volume and capacity utilization; and lost sales and 
revenues.\30\ We assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, as 
well as negligibility, and we have determined that these allegations 
are properly supported by adequate evidence and meet the statutory 
requirements for initiation.\31\
---------------------------------------------------------------------------

    \30\ Id. at 15-39 and Exhibits I-2, I-3, I-7 through I-35; see 
also First General Issues Supplement at 18-19.
    \31\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Certain Paper Plates from the People's Republic 
of China, Thailand, and the Socialist Republic of Vietnam.
---------------------------------------------------------------------------

Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses,

[[Page 13046]]

we find that they meet the requirements of section 702 of the Act. 
Therefore, we are initiating CVD investigations to determine whether 
imports of paper plates from China and Vietnam benefit from 
countervailable subsidies conferred by the GOC and the GOV. In 
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), 
unless postponed, we will make our preliminary determinations no later 
than 65 days after the date of these initiations.

China

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all of the 19 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the China CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Vietnam

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all of the 22 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Vietnam CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection

    The petitioner identified 149 companies in China and nine companies 
in Vietnam as producers and/or exporters of paper plates.\32\ Commerce 
intends to follow its standard practice in CVD investigations and 
calculate company-specific subsidy rates in these investigations. In 
the event that Commerce determines that the number of companies is 
large and it cannot individually examine each company based upon 
Commerce's resources, Commerce intends to select mandatory respondents 
as discussed below.
---------------------------------------------------------------------------

    \32\ See First General Issues Supplement at 3-4 and Attachment 
1.
---------------------------------------------------------------------------

    Commerce normally selects mandatory respondents in CVD 
investigations using U.S. Customs and Border Protection (CBP) entry 
data for U.S. imports under the appropriate Harmonized Tariff Schedule 
of the United States (HTSUS) subheadings listed in the scope of the 
investigations.\33\ However, for these investigations, because the 
HTSUS subheading listed in the scope is a basket category, we cannot 
rely on CBP entry data in selecting respondents. Therefore, Commerce 
will rely on quantity and value (Q&V) questionnaires for respondent 
selection.
---------------------------------------------------------------------------

    \33\ On February 9, 2024, Commerce released CBP data on U.S. 
imports of paper plates from China and Vietnam under administrative 
protective order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment on the CBP data and/or respondent selection must do so 
within three business days after the publication date of the notice 
of initiation of these investigations. See Memoranda, ``Certain 
Paper Plates from the People's Republic of China Countervailing Duty 
Petition: Release of U.S. Customs and Border Protection Entry 
Data,'' dated February 9, 2024; ``Certain Paper Plates from the 
Socialist Republic of Vietnam Countervailing Duty Petition: Release 
of U.S. Customs and Border Protection Entry Data,'' dated February 
9, 2024. Commerce will not accept rebuttal comments regarding the 
CBP data or respondent selection.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing 
such applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
---------------------------------------------------------------------------

    Further, due to the large number of producers and/or exporters 
identified in the Petition for China, Commerce has determined to limit 
the number of Q&V questionnaires that it will issue to exporters and 
producers based on CBP data for paper plates from China during the POI 
under the appropriate HTSUS subheadings listed in the ``Scope of the 
Investigations,'' in the appendix. Accordingly, Commerce will send Q&V 
questionnaires to the largest producers and exporters that are 
identified in the CBP data for which there is complete address 
information on the record. With respect to Vietnam, Commerce intends to 
send Q&V questionnaires to all producers and exporters that are 
identified in the Petition for which there is complete address 
information on the record.
    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-caseannouncements. Exporters/producers of paper plates from China and 
Vietnam that do not receive Q&V questionnaires by mail may still submit 
a response to the Q&V questionnaire and can obtain the Q&V 
questionnaire from Enforcement and Compliance's website. Responses to 
the Q&V questionnaire must be submitted by the relevant producers/
exporters no later than 5:00 p.m. ET on February 28, 2024, which is two 
weeks from the signature date of this notice. All Q&V questionnaire 
responses must be filed electronically via ACCESS. An electronically 
filed document must be received successfully, in its entirety, by 
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
    Commerce intends to finalize its decision regarding respondent 
selection within 20 days of publication of this notice.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOC and the GOV via ACCESS. To the extent practicable, 
we will attempt to provide a copy of the public version of the 
Petitions to each exporter named in the Petitions, as provided under 19 
CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of paper plates from China and/or Vietnam are 
materially injuring, or threatening material injury to, a U.S. 
industry.\34\ A negative ITC determination for either country will 
result in the investigation being terminated with respect to that 
country.\35\ Otherwise, these CVD investigations will proceed according 
to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \34\ See section 703(a)(1) of the Act.
    \35\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \36\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\37\ Time limits for the

[[Page 13047]]

submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in these 
investigations.
---------------------------------------------------------------------------

    \36\ See 19 CFR 351.301(b).
    \37\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\38\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits. Parties 
should review Commerce's regulations concerning the extension of time 
limits and the Time Limits Final Rule prior to submitting factual 
information in these investigations.\39\
---------------------------------------------------------------------------

    \38\ See 19 CFR 351.302.
    \39\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\40\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\41\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \40\ See section 782(b) of the Act.
    \41\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letters of 
appearance). Note that Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information and has made additional clarifications and corrections to 
its AD/CVD regulations.\42\
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    \42\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: February 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise subject to these investigations is certain paper 
plates. Paper plates subject to these investigations may be cut from 
rolls, sheets, or other pieces of paper and/or paper board. Paper 
plates subject to these investigations have a depth up to and 
including two (2.0) inches, as measured vertically from the base to 
the top of the lip, or the edge if the plate has no lip. Paper 
plates subject to these investigations may be uncolored, white, 
colored, or printed. Printed paper plates subject to these 
investigations may have any type of surface finish, and may be 
printed by any means with images, text and/or colors on one or both 
surfaces. Colored paper plates subject to this investigation may be 
colored by any method, including but not limited to printing, 
beater-dyeing, and dip-dyeing. Paper plates subject to these 
investigations may be produced from paper of any type (including, 
but not limited to, bamboo, straws, bagasse, hemp, kenaf, jute, 
sisal, abaca, cotton inters and reeds, or from non-plant sources, 
such as synthetic resin (petroleum)-based resins), may have any 
caliper or basis weight, may have any shape or size, may have one or 
more than one section, may be embossed, may have foil or other 
substances adhered to their surface, and/or may be uncoated or 
coated with any type of coating.
    The paper plates subject to these investigations remain covered 
by the scope of these investigations whether imported alone, or in 
any combination of subject and non-subject merchandise. When paper 
plates subject to these investigations are imported in combination 
with non-subject merchandise, only the paper plates subject to these 
investigations are subject merchandise.
    The paper plates subject to these investigations include paper 
plates matching the above description that have been finished, 
packaged, or otherwise processed in a third country by performing 
finishing, packaging, or processing that would not otherwise remove 
the merchandise from the scope of the investigations if performed in 
the country of manufacture of the paper plates. Examples of 
finishing, packaging, or other processing in a third country that 
would not otherwise remove the merchandise from the scope of the 
investigations if performed in the country of manufacture of the 
paper plates include, but are not limited to, printing, application 
of other surface treatments such as coatings, repackaging, 
embossing, and application of foil surface treatments.
    Excluded from the scope of these investigations are paper plates 
molded or pressed directly from paper pulp (including but not 
limited to unfelted pulp), which are currently classifiable under 
subheading 4823.70.0020 of the Harmonized Tariff Schedule of the 
United States (HTSUS).
    Also excluded from the scope of these investigations are 
articles that otherwise would be covered but which exhibit the 
following two physical characteristics: (a) depth (measured 
vertically from the base to the top of the lip, or edge if no lip) 
equal to or greater than 1.25 inches but less than two (2.0) inches, 
and (b) a base not exceeding five (5.0) inches in diameter if round, 
or not exceeding 20 square inches in area if any other shape.
    Also excluded from the scope of these investigations are paper 
bowls, paper buckets, and paper food containers with closeable lids.
    Paper plates subject to these investigations are currently 
classifiable under HTSUS subheading 4823.69.0040. Paper plates 
subject to these investigations also may be classified under HTSUS 
subheading 4823.61.0040. If packaged with other articles, the paper 
plates subject to these investigations also may be classified under 
HTSUS subheadings 9505.90.4000 and 9505.90.6000. While the HTSUS 
subheading(s) are provided for convenience and customs purposes, the 
written description of the subject merchandise is dispositive.

[FR Doc. 2024-03527 Filed 2-20-24; 8:45 am]
BILLING CODE 3510-DS-P

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