Certain Paper Shopping Bags From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part, 45841-45843 [2024-11476]
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination and this notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act, and 19 CFR 351.210(c).
Dated: May 17, 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.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The products within the scope of this
investigation are paper shopping bags with
handles of any type, regardless of whether
there is any printing, regardless of how the
top edges are finished (e.g., folded, serrated,
or otherwise finished), regardless of color,
and regardless of whether the top edges
contain adhesive or other material for sealing
closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at
least 2.5 inches.
Paper shopping bags typically are made of
kraft paper but can be made from any type
of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per
square meter (GSM).
A non-exhaustive illustrative list of the
types of handles on shopping bags covered
by the scope include handles made from any
materials such as twisted paper, flat paper,
yarn, ribbon, rope, string, or plastic, as well
as die-cut handles (whether the punchout is
fully removed or partially attached as a flap).
Excluded from the scope are:
• Paper sacks or bags that are of a 1⁄6 or 1⁄7
barrel size (i.e., 11.5–12.5 inches in width,
6.5–7.5 inches in depth, and 13.5–17.5
inches in height) with flat paper handles or
die-cut handles;
• Paper sacks or bags with die-cut handles,
a grams per square meter paper weight of less
than 86 GSM, and a height of less than 11.5
inches; and
• Paper sacks or bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric 18 and (ii) that are
finished with folded tops or for which tied
knots or t-bar aglets (made of wood, metal,
or plastic) are used to secure the handles to
the bags.
The above-referenced dimensions are
provided for paper bags in the opened
18 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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18:29 May 23, 2024
Jkt 262001
position. The height of the bag is the distance
from the bottom fold edge to the top edge
(i.e., excluding the height of handles that
extend above the top edge). The depth of the
bag is the distance from the front of the bag
edge to the back of the bag edge (typically
measured at the bottom of the bag). The
width of the bag is measured from the left to
the right edges of the front and back panels
(upon which the handles typically are
located).
This merchandise is currently classifiable
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS
subheadings are provided for convenience
and customs purposes only; the written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes From the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether To Use the
Philippines as the Surrogate Country
Comment 2: Whether To Recalculate the
Financial Ratios
Comment 3: Whether To Adjust the Ocean
Freight Surrogate Value
Comment 4: Whether To Use Brokerage
and Handling for Export
Comment 5: Whether To Use Harmonized
System Subheading 3919.20 for the Label
Input
Comment 6: Whether To Correct
Programming Errors Related to Units of
Measure and Certain Expenses
Comment 7: Whether To Make a Negative
Critical Circumstances Determination
Comment 8: Whether To Use PostVerification Sales and Factors of
Production (FOP) Databases
V. Recommendation
[FR Doc. 2024–11485 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–555–002]
Certain Paper Shopping Bags From
Cambodia: Final Affirmative
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances, In Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain paper shopping bags (paper
bags) from Cambodia are being, or are
likely to be, sold in the United States at
less-than-fair value (LTFV). The period
AGENCY:
PO 00000
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Sfmt 4703
45841
of investigation (POI) is April 1, 2022,
through March 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Charles Doss or Kyle Clahane, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4474 or (202) 482–1168,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2024, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of paper bags
from Cambodia, in which we also
postponed the final determination until
May 17, 2024.1 We invited interested
parties to comment on the Preliminary
Determination.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are paper bags from
Cambodia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from parties. Commerce
issued a Preliminary Scope Decision
1 See Certain Paper Shopping Bags from
Cambodia: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 89 FR 325 (January 3, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain Paper
Shopping Bags from Cambodia,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\24MYN1.SGM
24MYN1
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
scope-specific case and rebuttal briefs.3
We received comments from interested
parties on the Preliminary Scope
Decision Memorandum, which we
addressed in the Final Scope Decision
Memorandum.4 We made no changes to
the scope of the investigation from the
scope published in the Preliminary
Determination, as noted in Appendix I
to this notice.
Final Affirmative Determination of
Critical Circumstances, in Part
We continue find that that critical
circumstances do not exist with respect
to imports of paper bags from Cambodia
for Nice Packaging (Cambodia) Co., Ltd.
(Nice), UUPak, and all other producers
and exporters, but do exist with respect
to imports of paper bags from Pan
Pacific. For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Issues and Decision Memorandum.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
we conducted verifications of the sales
and cost information submitted by Nice
Packaging (Cambodia) Co., Ltd. (Nice)
for use in our final determination.5 In
addition, Commerce was unable to
conduct an on-site verification of the
information relied upon in making its
final determination with respect to
UUPak Company Limited (UUPak).
However, from February 21 through 22,
2024, we took additional steps, in lieu
of an on-site verification to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Act, by conducting
virtual verification of UUPak.6
ddrumheller on DSK120RN23PROD with NOTICES1
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
3 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated December 27, 2023
(Preliminary Scope Decision Memorandum).
4 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated March 11, 2024 (Final Scope
Decision Memorandum).
5 See Memoranda, ‘‘Verification of Nice Packaging
(Cambodia) Co., Ltd. Sales Responses,’’ dated
March 26, 2024; and ‘‘Verification of the Cost
Response of Nice Packing (Cambodia) Co., Ltd. in
the Antidumping Duty Investigation of Paper
Shopping Bags from Cambodia,’’ dated March 28,
2024.
6 See Memorandum, ‘‘Verification of the
Questionnaire Responses of UUPak Company
Limited,’’ dated March 15, 2024.
VerDate Sep<11>2014
17:40 May 23, 2024
Jkt 262001
Memorandum is attached as Appendix
II to this notice.
Changes Since the Preliminary
Determination
We have made certain changes to the
margin calculations for Nice since the
Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.7
Use of Adverse Facts Available (AFA)
As discussed in the Preliminary
Determination, Commerce assigned to
Pan Pacific Plastics Manufacturing, Inc.
(Pan Pacific) an estimated weightedaverage dumping margin on the basis of
adverse facts available (AFA), pursuant
to sections 776(a) and (b) of the Act.8
For the reasons explained in the Issues
and Decision Memorandum, and
consistent with Commerce’s practice, as
AFA, we assigned Pan Pacific the
highest corroborated dumping margin
alleged in the petition.9
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Nice. As explained in the
Preliminary Determination PDM,
Commerce continues to determine that,
under section 772(a) of the Act, UUPak
did not have any reviewable sales
during the POI and, as such, has not
calculated a final margin for UUPak.10
As a result, because we have only
calculated one margin and that margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Nice is the margin
assigned to UUPak and all other
producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
7 See Memorandum, ‘‘Nice Packaging (Cambodia)
Co. Ltd. Final Analysis Memorandum,’’ dated
concurrently with this notice (Nice’s Final Sales
Analysis Memorandum).
8 See Preliminary Determination, 89 FR at 325.
9 See Preliminary Determination PDM at 6–8.
10 See Preliminary Determination PDM at,
‘‘Treatment of UUPak’s Sales.’’ Our treatment of
UUPak remains unchanged for purposes of this
final determination.
PO 00000
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Fmt 4703
Sfmt 4703
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Producer/exporter
Nice Packaging (Cambodia) Co.,
Ltd ...........................................
UUPak Company Limited ...........
Pan Pacific Plastics Manufacturing, Inc ................................
All Others ....................................
Weighted
average
dumping
margin
(percent)
7.07
7.07
* 248.81
7.07
* Rate based on AFA.
Disclosure
We intend to disclose the calculations
performed in this final determination
within five days of the date of
publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, for Nice, UUPak,
and all-other producers/exporters,
Commerce will instruct U.S. Customs
and Border Protection (CBP) to continue
to suspend liquidation of subject
merchandise as described in Appendix
I of this notice, which were entered, or
withdrawn from warehouse, for
consumption, on or after January 3,
2024, the date of publication in the
Federal Register of the Preliminary
Determination.
In accordance with section 735(c)(4)
of the Act, because Commerce continues
to find that critical circumstances exist
for Pan Pacific, we will instruct CBP to
continue to suspend liquidation of all
entries of subject merchandise, as
described in Appendix I to this notice,
which were entered, or withdrawn from
warehouse for consumption on or after
October 5, 2023, which is 90 days before
the publication of the Preliminary
Determination in the Federal Register,
at the cash deposit rate indicated above.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), upon
the publication of this notice, we will
instruct CBP to require a cash deposit
for estimated antidumping duties for
such entries as follows: (1) the cash
deposit rate for each respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
final determination; (2) if the exporter is
not the respondent identified above but
the producer is, then the cash deposit
rate will be equal to the companyspecific estimated weighted-average
dumping margin listed for the producer
E:\FR\FM\24MYN1.SGM
24MYN1
Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
of the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters is the all-others estimated
weighted-average dumping margin.
These suspension of liquidation
instructions will remain in effect until
further notice.
Dated: May 17, 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.
U.S. International Trade Commission
Notification
Scope of the Investigation
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because Commerce’s
final determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of paper bags from
Cambodia no later than 45 days after
this final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, all cash deposits posted will
be refunded, and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed in the ‘‘Continuation of
Suspension of Liquidation’’ section
above.
ddrumheller on DSK120RN23PROD with NOTICES1
Administrative Protective Order
This notice will serve as the final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act,
and 19 CFR 351.210(c).
VerDate Sep<11>2014
17:40 May 23, 2024
Jkt 262001
Appendix I
The products within the scope of this
investigation are paper shopping bags with
handles of any type, regardless of whether
there is any printing, regardless of how the
top edges are finished (e.g., folded, serrated,
or otherwise finished), regardless of color,
and regardless of whether the top edges
contain adhesive or other material for sealing
closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at
least 2.5 inches.
Paper shopping bags typically are made of
kraft paper but can be made from any type
of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per
square meter (GSM).
A non-exhaustive illustrative list of the
types of handles on shopping bags covered
by the scope include handles made from any
materials such as twisted paper, flat paper,
yarn, ribbon, rope, string, or plastic, as well
as die-cut handles (whether the punchout is
fully removed or partially attached as a flap).
Excluded from the scope are:
• Paper sacks or bags that are of a 1⁄6 or 1⁄7
barrel size (i.e., 11.5–12.5 inches in width,
6.5–7.5 inches in depth, and 13.5–17.5
inches in height) with flat paper handles or
die-cut handles;
• Paper sacks or bags with die-cut handles,
a grams per square meter paper weight of less
than 86 GSM, and a height of less than 11.5
inches; and
• Paper sacks or bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric 11 and (ii) that are
finished with folded tops or for which tied
knots or t-bar aglets (made of wood, metal,
or plastic) are used to secure the handles to
the bags.
The above-referenced dimensions are
provided for paper bags in the opened
position. The height of the bag is the distance
from the bottom fold edge to the top edge
(i.e., excluding the height of handles that
extend above the top edge). The depth of the
bag is the distance from the front of the bag
edge to the back of the bag edge (typically
measured at the bottom of the bag). The
width of the bag is measured from the left to
the right edges of the front and back panels
(upon which the handles typically are
located).
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.
11 Paper sacks or bags with handles made of
braided or twisted materials, such as rope or cord,
do not qualify for this exclusion.
PO 00000
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45843
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of
Critical Circumstances, in Part
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether Commerce’s
Application of the Adverse Facts
Available Rate to Pan Pacific is
Unreasonable
Comment 2: Whether Commerce Should
Clarify the Scope
Comment 3: Whether Commerce Should
Alter Its Application of Constructed
Value
Comment 4: Whether Commerce Should
Continue To Adjust Nice’s Cost of
Production
Comment 5: Whether Commerce Should
Make Changes to Nice’s Final Margin
Calculations
VI. Recommendation
[FR Doc. 2024–11476 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–301–805]
Certain Paper Shopping Bags From
Colombia: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain paper shopping bags (paper
bags) from Colombia are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is April 1, 2022,
through May 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2024, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of paper bags from
Colombia, in which we also postponed
the final determination until May 17,
E:\FR\FM\24MYN1.SGM
24MYN1
]]>Agencies
[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45841-45843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11476]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-002]
Certain Paper Shopping Bags From Cambodia: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, In Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain paper shopping bags (paper bags) from Cambodia are being, or
are likely to be, sold in the United States at less-than-fair value
(LTFV). The period of investigation (POI) is April 1, 2022, through
March 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT: Charles Doss or Kyle Clahane, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4474 or (202) 482-1168,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
paper bags from Cambodia, in which we also postponed the final
determination until May 17, 2024.\1\ We invited interested parties to
comment on the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Certain Paper Shopping Bags from Cambodia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 325 (January 3, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Paper Shopping Bags from Cambodia,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are paper bags from
Cambodia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued a Preliminary Scope Decision
[[Page 45842]]
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\3\ We received comments from interested parties on the
Preliminary Scope Decision Memorandum, which we addressed in the Final
Scope Decision Memorandum.\4\ We made no changes to the scope of the
investigation from the scope published in the Preliminary
Determination, as noted in Appendix I to this notice.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated December 27, 2023 (Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
March 11, 2024 (Final Scope Decision Memorandum).
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances, in Part
We continue find that that critical circumstances do not exist with
respect to imports of paper bags from Cambodia for Nice Packaging
(Cambodia) Co., Ltd. (Nice), UUPak, and all other producers and
exporters, but do exist with respect to imports of paper bags from Pan
Pacific. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Issues and Decision
Memorandum.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), we conducted verifications of the sales and cost information
submitted by Nice Packaging (Cambodia) Co., Ltd. (Nice) for use in our
final determination.\5\ In addition, Commerce was unable to conduct an
on-site verification of the information relied upon in making its final
determination with respect to UUPak Company Limited (UUPak). However,
from February 21 through 22, 2024, we took additional steps, in lieu of
an on-site verification to verify the information relied upon in making
this final determination, in accordance with section 782(i) of the Act,
by conducting virtual verification of UUPak.\6\
---------------------------------------------------------------------------
\5\ See Memoranda, ``Verification of Nice Packaging (Cambodia)
Co., Ltd. Sales Responses,'' dated March 26, 2024; and
``Verification of the Cost Response of Nice Packing (Cambodia) Co.,
Ltd. in the Antidumping Duty Investigation of Paper Shopping Bags
from Cambodia,'' dated March 28, 2024.
\6\ See Memorandum, ``Verification of the Questionnaire
Responses of UUPak Company Limited,'' dated March 15, 2024.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached as Appendix II to this notice.
Changes Since the Preliminary Determination
We have made certain changes to the margin calculations for Nice
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Nice Packaging (Cambodia) Co. Ltd. Final
Analysis Memorandum,'' dated concurrently with this notice (Nice's
Final Sales Analysis Memorandum).
---------------------------------------------------------------------------
Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, Commerce assigned to
Pan Pacific Plastics Manufacturing, Inc. (Pan Pacific) an estimated
weighted-average dumping margin on the basis of adverse facts available
(AFA), pursuant to sections 776(a) and (b) of the Act.\8\ For the
reasons explained in the Issues and Decision Memorandum, and consistent
with Commerce's practice, as AFA, we assigned Pan Pacific the highest
corroborated dumping margin alleged in the petition.\9\
---------------------------------------------------------------------------
\8\ See Preliminary Determination, 89 FR at 325.
\9\ See Preliminary Determination PDM at 6-8.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Nice. As explained in the Preliminary Determination
PDM, Commerce continues to determine that, under section 772(a) of the
Act, UUPak did not have any reviewable sales during the POI and, as
such, has not calculated a final margin for UUPak.\10\ As a result,
because we have only calculated one margin and that margin is not zero,
de minimis, or based entirely on facts otherwise available, the
estimated weighted-average dumping margin calculated for Nice is the
margin assigned to UUPak and all other producers and exporters,
pursuant to section 735(c)(5)(A) of the Act.
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\10\ See Preliminary Determination PDM at, ``Treatment of
UUPak's Sales.'' Our treatment of UUPak remains unchanged for
purposes of this final determination.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Nice Packaging (Cambodia) Co., Ltd.......................... 7.07
UUPak Company Limited....................................... 7.07
Pan Pacific Plastics Manufacturing, Inc..................... * 248.81
All Others.................................................. 7.07
------------------------------------------------------------------------
* Rate based on AFA.
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice in the Federal Register in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for Nice,
UUPak, and all-other producers/exporters, Commerce will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of subject merchandise as described in Appendix I of this notice, which
were entered, or withdrawn from warehouse, for consumption, on or after
January 3, 2024, the date of publication in the Federal Register of the
Preliminary Determination.
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for Pan Pacific, we
will instruct CBP to continue to suspend liquidation of all entries of
subject merchandise, as described in Appendix I to this notice, which
were entered, or withdrawn from warehouse for consumption on or after
October 5, 2023, which is 90 days before the publication of the
Preliminary Determination in the Federal Register, at the cash deposit
rate indicated above.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for each respondent
listed above will be equal to the company-specific estimated weighted-
average dumping margin determined in this final determination; (2) if
the exporter is not the respondent identified above but the producer
is, then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin listed for the producer
[[Page 45843]]
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters is the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of paper bags from Cambodia no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, all cash
deposits posted will be refunded, and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice will serve as the final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: May 17, 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 I
Scope of the Investigation
The products within the scope of this investigation are paper
shopping bags with handles of any type, regardless of whether there
is any printing, regardless of how the top edges are finished (e.g.,
folded, serrated, or otherwise finished), regardless of color, and
regardless of whether the top edges contain adhesive or other
material for sealing closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at least 2.5 inches.
Paper shopping bags typically are made of kraft paper but can be
made from any type of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per square meter (GSM).
A non-exhaustive illustrative list of the types of handles on
shopping bags covered by the scope include handles made from any
materials such as twisted paper, flat paper, yarn, ribbon, rope,
string, or plastic, as well as die-cut handles (whether the punchout
is fully removed or partially attached as a flap).
Excluded from the scope are:
Paper sacks or bags that are of a \1/6\ or \1/7\ barrel
size (i.e., 11.5-12.5 inches in width, 6.5-7.5 inches in depth, and
13.5-17.5 inches in height) with flat paper handles or die-cut
handles;
Paper sacks or bags with die-cut handles, a grams per
square meter paper weight of less than 86 GSM, and a height of less
than 11.5 inches; and
Paper sacks or bags (i) with non-paper handles made
wholly of woven ribbon or other similar woven fabric \11\ 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.
---------------------------------------------------------------------------
\11\ Paper sacks or bags with handles made of braided or twisted
materials, such as rope or cord, do not qualify for this exclusion.
---------------------------------------------------------------------------
The above-referenced dimensions are provided for paper bags in
the opened position. The height of the bag is the distance from the
bottom fold edge to the top edge (i.e., excluding the height of
handles that extend above the top edge). The depth of the bag is the
distance from the front of the bag edge to the back of the bag edge
(typically measured at the bottom of the bag). The width of the bag
is measured from the left to the right edges of the front and back
panels (upon which the handles typically are located).
This merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided
for convenience and customs purposes only; the written description
of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, in
Part
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether Commerce's Application of the Adverse Facts
Available Rate to Pan Pacific is Unreasonable
Comment 2: Whether Commerce Should Clarify the Scope
Comment 3: Whether Commerce Should Alter Its Application of
Constructed Value
Comment 4: Whether Commerce Should Continue To Adjust Nice's
Cost of Production
Comment 5: Whether Commerce Should Make Changes to Nice's Final
Margin Calculations
VI. Recommendation
[FR Doc. 2024-11476 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-DS-P
