Certain Paper Shopping Bags From the Republic of Türkiye: Antidumping Duty Order, 39586-39588 [2024-10253]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39586-39588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10253]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-849]


Certain Paper Shopping Bags From the Republic of T[uuml]rkiye: 
Antidumping Duty Order

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing an antidumping duty order on 
certain paper shopping bags (paper shopping bags) from the Republic of 
T[uuml]rkiye (T[uuml]rkiye).

DATES: Applicable May 9, 2024.

FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2081.

SUPPLEMENTARY INFORMATION:

Background

    On March 18, 2024, Commerce published in the Federal Register its 
affirmative final determination in the less-than-fair-value (LTFV) 
investigation of paper shopping bags from T[uuml]rkiye.\1\ On May 3, 
2024, Commerce published in the Federal Register a correction of the 
Final Determination.\2\ Pursuant to section 735(d) of the Tariff Act of 
1930, as amended (the Act), on May 2, 2024, the ITC notified Commerce 
of its affirmative final determination that an industry in the United 
States is materially injured, within the meaning of section 
735(b)(1)(A)(i) of the Act, by reason of imports of paper shopping bags 
from T[uuml]rkiye that are sold in the United States at LTFV.\3\
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    \1\ See Certain Paper Shopping Bags from the Republic of Turkey: 
Final Affirmative Determination of Sales at Less Than Fair Value, 89 
FR 19295 (March 18, 2024) (Final Determination).
    \2\ See Certain Paper Shopping Bags from the Republic of 
T[uuml]rkiye: Final Affirmative Determination of Sales at Less Than 
Fair Value; Correction, 89 FR 36753 (May 3, 2024).
    \3\ See ITC's Letter, Investigation No. 731-TA-1626 (Final), 
dated May 2, 2024.
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Scope of the Order

    The products covered by this order are paper shopping bags from 
T[uuml]rkiye. For a complete description of the scope of this order, 
see the appendix to this notice.

Antidumping Duty Order

    Based on the above-referenced affirmative final determinations, in 
accordance with sections 735(c)(2) and 736 of the Act, Commerce is 
issuing this antidumping duty order. Moreover, because the ITC 
determined that U.S. imports of paper shopping bags from T[uuml]rkiye 
are materially injuring a U.S. industry, unliquidated entries of such 
merchandise from T[uuml]rkiye, entered or withdrawn from warehouse for 
consumption, as described below, are subject to the assessment of 
antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price or constructed export price of the merchandise, for all 
relevant entries of paper shopping bags from T[uuml]rkiye. With the 
exception of entries occurring after expiration of the provisional 
measures period, but before publication of the ITC's final affirmative 
injury determination, as further described below, antidumping duties 
will be assessed on unliquidated U.S. entries of paper shopping bags 
from T[uuml]rkiye entered, or withdrawn from warehouse, for consumption 
on or after January 3, 2024, the date of publication of the Preliminary 
Determination in this investigation in the Federal Register.\4\
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    \4\ See Certain Paper Shopping Bags from the Republic of Turkey: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 89 FR 339 (January 3, 2024) (Preliminary Determination).

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[[Page 39587]]

Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice below, in accordance with section 736 of the Act, Commerce will 
instruct CBP to continue to suspend liquidation of all relevant entries 
of paper shopping bags from T[uuml]rkiye. These instructions suspending 
liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits at a rate 
equal to the estimated weighted-average dumping margins listed in the 
table below. Accordingly, effective on the date of publication in the 
Federal Register of the notice of the ITC's affirmative final injury 
determination, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit at the rate equal to the relevant estimated weighted-average 
dumping margins listed in the table below. The all-others rate applies 
to all producers or exporters not specifically listed.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for this antidumping 
duty order are as follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                  Exporter or producer                        average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Artpack Kagit Ambalaj Anonim Sirketi....................         * 47.56
Oztas Ambalaj Sanayi ve Ticaret A.S.....................         * 47.56
Babet Kagitsilik........................................         * 47.56
Bati Kraft Torba Ambalaj................................         * 47.56
BFT Packaging...........................................         * 47.56
Cicupack Ambalaj........................................         * 47.56
Ekopack Kagit Ambalaj...................................         * 47.56
Elhadefler A.S..........................................         * 47.56
Esda Pack Ambalaj.......................................         * 47.56
Haypack Ambalaj.........................................         * 47.56
Jefira Global Dis.......................................         * 47.56
Kahramanmara[scedil] Ka[gbreve][inodot]t Sanayi ve               * 47.56
 Ticaret Anonim [Scedil]irketi..........................
Multi Kraft Ambalaj.....................................         * 47.56
Rad Tekstil.............................................         * 47.56
Suleyman Tabak Kagitcilik...............................         * 47.56
Sunvision Tekstil.......................................         * 47.56
Yildez Paper Bag Ambalaj Pazarlama......................         * 47.56
All Others..............................................           26.32
------------------------------------------------------------------------
* Rate based on the application of adverse facts available.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months.
    Commerce published the Preliminary Determination in this 
investigation on January 3, 2024. Commerce did not extend the deadline 
for issuing its final determination in this investigation, which it 
published in the Federal Register on March 18, 2024. Therefore, the 
four-month period beginning on the date of publication of the 
Preliminary Determination ended on May 1, 2024.
    Consequently, in accordance with section 733(d) of the Act, 
Commerce will instruct CBP to terminate the suspension of liquidation, 
and to liquidate, without regard to antidumping duties, unliquidated 
U.S. entries of paper shopping bags from T[uuml]rkiye entered, or 
withdrawn from warehouse, for consumption after May 1, 2024, the final 
day on which the provisional measures were in effect, through the day 
preceding the date of publication of the ITC's affirmative final injury 
determination in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's affirmative final injury determination in the Federal 
Register.

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws in the Federal Register.\5\ On September 
27, 2021, Commerce published a notification titled Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions in 
the Federal Register.\6\ The Final Rule and Procedural Guidance provide 
that Commerce will maintain an annual inquiry service list for each 
order or suspended investigation, and any interested party submitting a 
scope ruling application or request for circumvention inquiry shall 
serve a copy of the application or request on the persons on the annual 
inquiry service list for that order, as well as any companion order 
covering the same merchandise from the same country of origin.\7\
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    \5\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \6\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \7\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be 
maintained in ACCESS, under each case number, and under a specific 
segment type

[[Page 39588]]

called ``AISL-Annual Inquiry Service List.'' \8\
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    \8\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance in the 
annual inquiry service list segment in ACCESS for the order within 30 
days after the date of publication of the order in the Federal 
Register. For ease of administration, Commerce requests that a law firm 
with more than one attorney representing an interested party in an 
order designate a lead attorney to be included on the annual inquiry 
service list. Commerce will finalize the annual inquiry service list 
within five business days thereafter. As mentioned in the Procedural 
Guidance, the new annual inquiry service list will be in place until 
the following year, when the Opportunity Notice for the anniversary 
month of the order is published in the Federal Register.
    Commerce may update an annual inquiry service list at any time, as 
needed, based on interested parties' amendments to their entries of 
appearance to remove, or otherwise modify, their list of members and 
representatives, or to update contact information. Changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \9\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in the 
Federal Register in order to appear in the first annual inquiry service 
list for those orders for which they qualify as an interested party. 
Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign 
governments will not need to resubmit their entries of appearance each 
year to continue to be included on the annual inquiry service list. 
However, the petitioners and foreign governments are responsible for 
making amendments to their entries of appearance during the annual 
update to the annual inquiry service list in accordance with the 
procedures described above.
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    \9\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
paper shopping bags from T[uuml]rkiye, pursuant to section 736(a) of 
the Act. Interested parties can find a list of antidumping duty orders 
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This antidumping duty order is issued and published in accordance 
with section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: May 6, 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 Order

    The products within the scope of the order 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 \1\ and (ii) 
that are finished with folded tops or for which tied knots or t-bar 
aglets (made of wood, metal, or plastic) are used to secure the 
handles to the bags.
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    \1\ Paper sacks or bags with handles made of braided or twisted 
materials, such as rope or cord, do not qualify for this exclusion.
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    The above-referenced dimensions are provided for paper bags in 
the opened position. The height of the bag is the distance from the 
bottom fold edge to the top edge (i.e., excluding the height of 
handles that extend above the top edge). The depth of the bag is the 
distance from the front of the bag edge to the back of the bag edge 
(typically measured at the bottom of the bag). The width of the bag 
is measured from the left to the right edges of the front and back 
panels (upon which the handles typically are located).
    This merchandise is currently classifiable under Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 
4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided 
for convenience and customs purposes only; the written description 
of the scope is dispositive.

[FR Doc. 2024-10253 Filed 5-8-24; 8:45 am]
BILLING CODE 3510-DS-P