Certain Paper Shopping Bags From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination, 45823-45826 [2024-11477]
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
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 7 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.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Application of Facts Available and Use of
Adverse Inferences
V. Discussion of the Issues
Comment 1: Whether To Base the Final
Dumping Margin for Nanwang on Total
Adverse Facts Available
Comment 2: Whether To Assign
Hexachase’s Rate as the All Others Rate
in the Final Determination
7 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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Comment 3: Whether To Utilize the Most
Recent Data Files Submitted by
Hexachase
Comment 4: Whether Commerce Should
Correct Programming Language in the
Comparison Market Program
VI. Recommendation
[FR Doc. 2024–11482 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–152]
Certain Paper Shopping Bags From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Affirmative Critical Circumstances
Determination
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 the People’s Republic of
China (China) are being, or are likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation is October 1, 2022, through
March 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn or Tyler Weinhold, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0339 or (202) 482–1121,
respectively.
AGENCY:
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 China, in which we also postponed
the final determination until May 17,
2024.1 We invited parties to comment
on the Preliminary Determination.2
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
1 See Certain Paper Shopping Bags from the
People’s Republic of China: Preliminary Affirmative
Determinations of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of Provisional
Measures, 89 FR 344 (January 3, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 Id.
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45823
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is made available to the public 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 China.
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
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.4
We received comments from parties on
the Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.5
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
We continue to find that critical
circumstances exist for imports of paper
bags from China for Dongzheng
Paperbag (DaLian) Factory (Dongzheng),
the non-selected separate rate
companies, and the China-wide entity
pursuant to section 735(a)(3)(B) of Tariff
3 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain Paper Bags
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain Paper
Shopping Bags from Cambodia, the People’s
Republic of China, Colombia, India, Malaysia,
Portugal, Taiwan, the Republic of Turkey, and the
Socialist Republic of Vietnam: Preliminary Scope
Decision Memorandum,’’ dated December 27, 2023
(Preliminary Scope Decision Memorandum).
5 See Memorandum, ’’ Less-Than-Fair Value and
Countervailing Duty Investigations of Certain Paper
Shopping Bags from Cambodia, the People’s
Republic of China, Colombia, India, Malaysia,
Portugal, Taiwan, the Republic of Turkey, and the
Socialist Republic of Vietnam: Final Scope Decision
Memorandum,’’ dated March 11, 2024 (Final Scope
Decision Memorandum).
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
Act of 1930, as amended (the Act), and
19 CFR 351.206, we continue to find
that that critical circumstances exist
with respect to imports of paper bags
exported by the non-selected separate
rate companies and the China-wide
entity (including Dongzheng). In
addition, we continue to find that
critical circumstances do not exist for
UUPAK Co., Ltd. (UUPAK). For further
discussion of this issue, see the Issues
and Decision Memorandum.
Verification
Commerce was unable to conduct an
on-site verification of the information
relied upon in making its final
determination. However, from March 4
through 8, 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,6 by conducting virtual verification
of UUPAK.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in briefs 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
As explained below, we have found
Dongzheng to be part of the China-wide
entity.7 Additionally, based on our
review and analysis of the comments
received from interested parties, we
made one change to the margin
calculations for UUPAK.8 For a
discussion of this change, see the Issues
and Decision Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Treatment of Dongzheng Paperbag
(DaLian) Factory
In the Preliminary Determination,
Commerce granted a separate rate to
Dongzheng, as a cooperative mandatory
respondent.9 As explained in further
detail in the Issues and Decision
Memorandum, Dongzheng notified
Commerce that it would not continue to
cooperate with this investigation and
withdrew its participation from the
scheduled verification.10 Therefore,
6 See Memorandum, ‘‘Verification of the Sales
Responses of UUPAK Company Limited,’’ dated
March 25, 2024.
7 See the ‘‘Final Determination’’ section of this
notice, infra, at footnote 23.
8 See Issues and Decision Memorandum at
Comment 2.
9 See Preliminary Determination, 89 FR at 344–45.
10 See Issues and Decision Memorandum at the
‘‘Application of Facts Available’’ section and
Comment 1.
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because we were unable to verify
Dongzheng’s information, we have
found that Dongzheng is part of the
China-wide entity.11
Application of Total of Adverse Facts
Available With Respect to the ChinaWide Entity
Consistent with the Preliminary
Determination,12 Commerce continues
to find, pursuant to sections 776(a)(1)
and (a)(2)(A)–(D) of the Act, that the use
of facts available is warranted in
determining the rate of the China-wide
entity, which includes, as noted above,
Dongzheng, as well as Qingdao Deepack
Co., Ltd. (Qingdao Deepack), which
submitted a separate rate application
(SRA) but did not respond adequately to
all of our requests for information.13
Furthermore, we continue to find that
an adverse inference is warranted in
selecting from the facts otherwise
available, pursuant to section 776(b) of
the Act and 19 CFR 351.308(a), because
the China-wide entity failed to
cooperate by not acting to the best of
their ability to comply with Commerce’s
requests for information. For the final
determination, consistent with the
Preliminary Determination,14 as adverse
facts available, we are applying
Dongzheng’s highest individual
calculated dumping margin, 146.32
percent, to the China-wide entity,
because it is a rate derived from
information submitted on the record
and achieves the right balance between
the goal of inducing future cooperation
by the uncooperative respondent and
the rate not being punitive.15
Separate Rates
We preliminarily found the
mandatory respondents Dongzheng and
UUPAK to be eligible for a separate rate
in the Preliminary Determination.16 No
party commented on our preliminary
separate rate determination with respect
to UUPAK and we have no basis to
otherwise reconsider this determination.
Accordingly, we continue to find that
UUPAK is eligible for a separate rate in
the final determination.17 As explained
11 See the ‘‘Final Determination’’ section of this
notice, infra; see also Issues and Decision
Memorandum at the ‘‘China-Wide Rate’’ section
and Comment 1, for a full discussion.
12 See Preliminary Determination PDM at 14–17.
13 See the ‘‘Final Determination’’ section of this
notice, infra, at footnote 18.
14 See Preliminary Determination, 89 FR at 344–
45.
15 See the ‘‘Final Determination’’ section of this
notice, infra; see also Issues and Decision
Memorandum at the ‘‘China-Wide Rate’’ section
and Comment 1, for a full discussion.
16 See Preliminary Determination PDM at 12–13.
17 See Issues and Decision Memorandum at the
‘‘Separate Rates’’ section for further discussion.
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above, because Dongzheng refused to
participate in verification of its SRA,
we, have denied Dongzheng separate
rate status. In addition, no party
commented on our decision in the
Preliminary Determination to grant
separate status to certain other
respondents that we did not select for
individual examination or on our
preliminary determination to deny a
separate rate to Qingdao Deepack,
which failed to establish its eligibility
for a separate rate by not complying
with all of our requests for information.
Accordingly, we have continued to treat
Qingdao Deepack as a part of the Chinawide entity.
Further, generally, Commerce looks to
section 735(c)(5)(A) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when calculating the rate for
separate rate respondents which we did
not individually examine. The statute
further provides that, where all margins
are zero, de minimis, or based entirely
on facts available under section 776 of
the Act, Commerce may use ‘‘any
reasonable method’’ for assigning the
rate to non-selected respondents.18 In
this final determination, the only
participating mandatory respondent
(i.e., UUPAK) has received a weightedaverage dumping margin which is not
zero, de minimis, or based entirely on
facts available. Therefore, in accordance
with section 735(c)(5)(A) of the Act, we
have assigned UUPAK’s calculated
weighted-average dumping margin (i.e.,
73.05 percent) to the non-examined
separate rate respondents.
Combination Rates
Consistent with the Initiation
Notice,19 Preliminary Determination,
and Policy Bulletin 05.1,20 Commerce
calculated combination rates for the sole
respondent that is eligible for a separate
rate in this investigation.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
18 See
section 735(c)(5)(B) of the Act.
Certain Paper Shopping Bags from
Cambodia, the People’s Republic of China,
Colombia, India, Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist Republic of
Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 88 FR 41589, 41594 (June 27, 2023)
(Initiation Notice).
20 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
19 See
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
Weightedaverage
dumping
margin
(percent)
Cash deposit
rate
(adjusted
for export
subsidy
offset(s))
(percent)
Exporter
Producer
UUPAK Co., Ltd ...............................................................
Fujian Eco Packaging Co., Ltd ........................................
Fujian Eco Packaging Co., Ltd ........................................
Fujian Eco Packaging Co., Ltd ........................................
Fujian Eco Packaging Co., Ltd ........................................
Fujian Eco Packaging Co., Ltd ........................................
Fujian Nanwang Environment Protection Scien-tech
Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech
Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech
Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech
Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech
Co., Ltd.
Grand Intelligent Limited ..................................................
Max Fortune Industrial Ltd ...............................................
Ningbo Beiheng Import & Export Company Limited .......
Shanghai Miho Package & Product Co., Ltd ...................
Union Packaging Group Limited ......................................
Wuxi Hualite Metal Plastic Products Co., Ltd ..................
Xiamen Bag Imp. & Exp. Co., Ltd ...................................
Xiamen Huide Xiesheng Packaging Co., Ltd ..................
Xiamen Jihong Technology Co., Ltd ...............................
Xiamen Joy Supply Chain Co., Ltd .................................
Xiamen Joy Supply Chain Co., Ltd .................................
Xiamen Nice Packaging Products Co., Ltd .....................
Xiamen Nice Packaging Products Co., Ltd .....................
China-wide Entity 21 .........................................................
Tianjin Haishun Printing & Packing Co., Ltd ..................
Fujian Hongkai Packaging Co., Ltd ................................
Fujian Yihe Packaging Co., Ltd ......................................
Guangdong Union Eco-Packaging Scien-Tech Co., Ltd
Xiamen Huide Eco-friendly Paper Bags Co., Ltd ...........
Xiamen Jihong Technology Co., Ltd ...............................
Anhui Nanwang Environmental Protection Technology
Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech
CO., LTD.
Hubei Nanwang Environmental Protection Scien-tech
Co., Ltd.
Xianghe Nanwang Environmental Protection Technology Co., Ltd.
Zhuhai Zhongyue Paper CUP Container Co., Ltd ..........
73.05
73.05
73.05
73.05
73.05
73.05
73.05
62.07
62.07
62.07
62.07
62.07
62.07
61.65
73.05
61.65
73.05
61.65
73.05
61.65
73.05
61.65
Ruichuang Limited ..........................................................
Winner Printing and Packaging (He Yuan) Ltd ..............
Wenzhou Weijie Packing Co., Ltd ..................................
Zhejiang Shengxiang Industrial Co., Ltd .........................
Guangdong Union Eco-Packaging Scien-Tech Co., Ltd
Wuxi Hualite Paper Products Co., Ltd ............................
Xiamen CYR Green-Tech Co., Ltd .................................
Xiamen Huide Eco-Friendly Paper Bags Co., Ltd ..........
Xiamen Jihong Technology Co., Ltd ...............................
Fujian Huian Nice Paper Products Co., Ltd ...................
Xiamen THINKER Packaging Products Co., Ltd ............
Fujian Huian Nice Paper Products Co., Ltd ...................
Xiamen THINKER Packaging Products Co., Ltd ............
..........................................................................................
73.05
73.05
73.05
73.05
73.05
73.05
73.05
73.05
73.05
73.05
73.05
73.05
73.05
* 146.32
62.07
62.07
62.07
62.07
62.07
62.07
62.07
62.07
62.07
62.07
62.07
62.07
62.07
135.77
* Rate based on AFA.
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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)(4)
of the Act, because Commerce continues
to find that critical circumstances exist
for the non-selected separate rate
companies and the China-wide entity,
we 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, entered, or withdrawn
from warehouse, for consumption, on or
after October 5, 2023, which is 90 days
prior to the date of the date of
publication of the affirmative
Preliminary Determination in the
Federal Register. For UUPAK, in
21 As explained above, we have not granted a
separate rate to Dongzheng or Qingdao Deepack;
thus, the China-wide entity includes Dongzheng
and Qingdao Deepack. See the Issues and Decision
Memorandum for additional details.
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accordance with section 735(c)(1)(B) of
the Act, we will instruct CBP to
continue to suspend liquidation of all
entries of certain paper bags from China,
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.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
makes an affirmative determination for
domestic subsidy pass-through or export
subsidies, Commerce offsets the
calculated estimated weighted-average
dumping margin by the appropriate
rates. Commerce has continued to adjust
the cash deposit rate for the China-wide
entity for export subsidies in the
companion CVD investigation by the
appropriate export subsidy rate as
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indicated in the above chart.22 However,
suspension of liquidation of provisional
measures in the companion CVD case
has been discontinued; 23 therefore, we
are not instructing CBP to collect cash
deposits based upon the adjusted
estimated weighted-average dumping
margin for those export subsidies at this
time.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the amount by which the normal value
exceeds the U.S. price as follows: (1) for
the producer/exporter combinations
listed in the table above, the cash
deposit rate is equal to the estimated
22 See Memorandum, ‘‘Final Determination
Analysis,’’ dated concurrently with this notice, for
more information.
23 See Certain Paper Shopping Bags From the
People’s Republic of China: Preliminary Affirmative
Determination of Countervailable Subsidies,
Preliminary Affirmative Determination of Critical
Circumstances, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 88 FR 76180 (November 6, 2023);
see also section 703(d) of the Act, which states that
the provisional measures may not be in effect for
more than four months, which in the companion
CVD case is 120 days after the publication of the
preliminary determination, or October 24, 2023.
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weighted-average dumping margin
listed for that combination in the table;
(2) for all combinations of Chinese
producers/exporters of subject
merchandise that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the China-wide
entity; and (3) for all third country
exporters of subject merchandise not
listed in the table above, the cash
deposit rate is the cash deposit rate
applicable to the Chinese producer/
exporter combination (or China-wide
entity) that supplied that third-country
exporter. These suspension of
liquidation instructions will remain in
effect until further notice.
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U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding 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 of
paper bags from China no later than 45
days after this final determination. If the
ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all cash deposits will be refunded or
canceled, 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 that are entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Order
This notice will serve as the final
reminder to the 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 terms of an
APO is a violation which is subject to
sanction.
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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).
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.
Dated: May 17, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistance
Secretary for Enforcement and Compliance.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Application of Facts Available and Use of
Adverse Inference
IV. China-Wide Rate
V. Final Affirmative Determination of Critical
Circumstances
VI. Changes Since the Preliminary
Determination
VII. Discussion of the Issues
Comment 1: Whether To Adjust the ChinaWide Rate
Comment 2: Whether To Adjust the Paper
Surrogate Value (SV)
Comment 3: Whether To Conduct a
Seasonality Analysis as Part of the
Critical Circumstances Analysis
VIII. Recommendation
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 24 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
24 Paper sacks or bags with handles made of
braided or twisted materials, such as rope or cord,
do not qualify for this exclusion.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Appendix II
[FR Doc. 2024–11477 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–917]
Certain Paper Shopping Bags From
India: Final Affirmative Determination
of Sales at Less Than Fair Value and
Final Negative Determination of Critical
Circumstances
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 India are being, or are likely
to be, sold in the United States at less
than fair value (LTFV). The period of
investigation is April 1, 2022, through
March 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Gorden Struck or Nathan Araya, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8151 or (202) 482–3401,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2024, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of paper bags
from India, in which we also postponed
E:\FR\FM\24MYN1.SGM
24MYN1
]]>Agencies
[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45823-45826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11477]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-152]
Certain Paper Shopping Bags From the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Critical Circumstances Determination
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 the People's Republic of
China (China) are being, or are likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation is October
1, 2022, through March 31, 2023.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Tyler Weinhold, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0339 or (202) 482-1121,
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 China, in which we also postponed the final
determination until May 17, 2024.\1\ We invited parties to comment on
the Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See Certain Paper Shopping Bags from the People's Republic
of China: Preliminary Affirmative Determinations of Sales at Less
Than Fair Value, Preliminary Affirmative Determination of Critical
Circumstances, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 344 (January 3, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Id.
---------------------------------------------------------------------------
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.\3\ The Issues and Decision Memorandum
is a public document and is made available to the public 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Paper Bags from the People's Republic of China,'' 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
China. 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
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.\4\ We received comments from parties on the Preliminary Scope
Decision Memorandum, which we address in the Final Scope Decision
Memorandum.\5\ 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Certain Paper Shopping Bags from Cambodia,
the People's Republic of China, Colombia, India, Malaysia, Portugal,
Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam: Preliminary Scope Decision Memorandum,'' dated December 27,
2023 (Preliminary Scope Decision Memorandum).
\5\ See Memorandum, '' Less-Than-Fair Value and Countervailing
Duty Investigations of Certain Paper Shopping Bags from Cambodia,
the People's Republic of China, Colombia, India, Malaysia, Portugal,
Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam: Final Scope Decision Memorandum,'' dated March 11, 2024
(Final Scope Decision Memorandum).
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances
We continue to find that critical circumstances exist for imports
of paper bags from China for Dongzheng Paperbag (DaLian) Factory
(Dongzheng), the non-selected separate rate companies, and the China-
wide entity pursuant to section 735(a)(3)(B) of Tariff
[[Page 45824]]
Act of 1930, as amended (the Act), and 19 CFR 351.206, we continue to
find that that critical circumstances exist with respect to imports of
paper bags exported by the non-selected separate rate companies and the
China-wide entity (including Dongzheng). In addition, we continue to
find that critical circumstances do not exist for UUPAK Co., Ltd.
(UUPAK). For further discussion of this issue, see the Issues and
Decision Memorandum.
Verification
Commerce was unable to conduct an on-site verification of the
information relied upon in making its final determination. However,
from March 4 through 8, 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,\6\ by conducting virtual verification of UUPAK.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Verification of the Sales Responses of
UUPAK Company Limited,'' dated March 25, 2024.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in briefs 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
As explained below, we have found Dongzheng to be part of the
China-wide entity.\7\ Additionally, based on our review and analysis of
the comments received from interested parties, we made one change to
the margin calculations for UUPAK.\8\ For a discussion of this change,
see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See the ``Final Determination'' section of this notice,
infra, at footnote 23.
\8\ See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------
Treatment of Dongzheng Paperbag (DaLian) Factory
In the Preliminary Determination, Commerce granted a separate rate
to Dongzheng, as a cooperative mandatory respondent.\9\ As explained in
further detail in the Issues and Decision Memorandum, Dongzheng
notified Commerce that it would not continue to cooperate with this
investigation and withdrew its participation from the scheduled
verification.\10\ Therefore, because we were unable to verify
Dongzheng's information, we have found that Dongzheng is part of the
China-wide entity.\11\
---------------------------------------------------------------------------
\9\ See Preliminary Determination, 89 FR at 344-45.
\10\ See Issues and Decision Memorandum at the ``Application of
Facts Available'' section and Comment 1.
\11\ See the ``Final Determination'' section of this notice,
infra; see also Issues and Decision Memorandum at the ``China-Wide
Rate'' section and Comment 1, for a full discussion.
---------------------------------------------------------------------------
Application of Total of Adverse Facts Available With Respect to the
China-Wide Entity
Consistent with the Preliminary Determination,\12\ Commerce
continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(D) of
the Act, that the use of facts available is warranted in determining
the rate of the China-wide entity, which includes, as noted above,
Dongzheng, as well as Qingdao Deepack Co., Ltd. (Qingdao Deepack),
which submitted a separate rate application (SRA) but did not respond
adequately to all of our requests for information.\13\ Furthermore, we
continue to find that an adverse inference is warranted in selecting
from the facts otherwise available, pursuant to section 776(b) of the
Act and 19 CFR 351.308(a), because the China-wide entity failed to
cooperate by not acting to the best of their ability to comply with
Commerce's requests for information. For the final determination,
consistent with the Preliminary Determination,\14\ as adverse facts
available, we are applying Dongzheng's highest individual calculated
dumping margin, 146.32 percent, to the China-wide entity, because it is
a rate derived from information submitted on the record and achieves
the right balance between the goal of inducing future cooperation by
the uncooperative respondent and the rate not being punitive.\15\
---------------------------------------------------------------------------
\12\ See Preliminary Determination PDM at 14-17.
\13\ See the ``Final Determination'' section of this notice,
infra, at footnote 18.
\14\ See Preliminary Determination, 89 FR at 344-45.
\15\ See the ``Final Determination'' section of this notice,
infra; see also Issues and Decision Memorandum at the ``China-Wide
Rate'' section and Comment 1, for a full discussion.
---------------------------------------------------------------------------
Separate Rates
We preliminarily found the mandatory respondents Dongzheng and
UUPAK to be eligible for a separate rate in the Preliminary
Determination.\16\ No party commented on our preliminary separate rate
determination with respect to UUPAK and we have no basis to otherwise
reconsider this determination. Accordingly, we continue to find that
UUPAK is eligible for a separate rate in the final determination.\17\
As explained above, because Dongzheng refused to participate in
verification of its SRA, we, have denied Dongzheng separate rate
status. In addition, no party commented on our decision in the
Preliminary Determination to grant separate status to certain other
respondents that we did not select for individual examination or on our
preliminary determination to deny a separate rate to Qingdao Deepack,
which failed to establish its eligibility for a separate rate by not
complying with all of our requests for information. Accordingly, we
have continued to treat Qingdao Deepack as a part of the China-wide
entity.
---------------------------------------------------------------------------
\16\ See Preliminary Determination PDM at 12-13.
\17\ See Issues and Decision Memorandum at the ``Separate
Rates'' section for further discussion.
---------------------------------------------------------------------------
Further, generally, Commerce looks to section 735(c)(5)(A) of the
Act, which provides instructions for calculating the all-others rate in
an investigation, for guidance when calculating the rate for separate
rate respondents which we did not individually examine. The statute
further provides that, where all margins are zero, de minimis, or based
entirely on facts available under section 776 of the Act, Commerce may
use ``any reasonable method'' for assigning the rate to non-selected
respondents.\18\ In this final determination, the only participating
mandatory respondent (i.e., UUPAK) has received a weighted-average
dumping margin which is not zero, de minimis, or based entirely on
facts available. Therefore, in accordance with section 735(c)(5)(A) of
the Act, we have assigned UUPAK's calculated weighted-average dumping
margin (i.e., 73.05 percent) to the non-examined separate rate
respondents.
---------------------------------------------------------------------------
\18\ See section 735(c)(5)(B) of the Act.
---------------------------------------------------------------------------
Combination Rates
Consistent with the Initiation Notice,\19\ Preliminary
Determination, and Policy Bulletin 05.1,\20\ Commerce calculated
combination rates for the sole respondent that is eligible for a
separate rate in this investigation.
---------------------------------------------------------------------------
\19\ See Certain Paper Shopping Bags from Cambodia, the People's
Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the
Republic of Turkey, and the Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589,
41594 (June 27, 2023) (Initiation Notice).
\20\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
[[Page 45825]]
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- rate (adjusted
average for export
Exporter Producer dumping subsidy
margin offset(s))
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
UUPAK Co., Ltd.................................. Tianjin Haishun Printing & Packing 73.05 62.07
Co., Ltd.
Fujian Eco Packaging Co., Ltd................... Fujian Hongkai Packaging Co., Ltd. 73.05 62.07
Fujian Eco Packaging Co., Ltd................... Fujian Yihe Packaging Co., Ltd.... 73.05 62.07
Fujian Eco Packaging Co., Ltd................... Guangdong Union Eco-Packaging 73.05 62.07
Scien-Tech Co., Ltd.
Fujian Eco Packaging Co., Ltd................... Xiamen Huide Eco-friendly Paper 73.05 62.07
Bags Co., Ltd.
Fujian Eco Packaging Co., Ltd................... Xiamen Jihong Technology Co., Ltd. 73.05 62.07
Fujian Nanwang Environment Protection Scien-tech Anhui Nanwang Environmental 73.05 61.65
Co., Ltd. Protection Technology Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech Fujian Nanwang Environment 73.05 61.65
Co., Ltd. Protection Scien-tech CO., LTD.
Fujian Nanwang Environment Protection Scien-tech Hubei Nanwang Environmental 73.05 61.65
Co., Ltd. Protection Scien-tech Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech Xianghe Nanwang Environmental 73.05 61.65
Co., Ltd. Protection Technology Co., Ltd.
Fujian Nanwang Environment Protection Scien-tech Zhuhai Zhongyue Paper CUP 73.05 61.65
Co., Ltd. Container Co., Ltd.
Grand Intelligent Limited....................... Ruichuang Limited................. 73.05 62.07
Max Fortune Industrial Ltd...................... Winner Printing and Packaging (He 73.05 62.07
Yuan) Ltd.
Ningbo Beiheng Import & Export Company Limited.. Wenzhou Weijie Packing Co., Ltd... 73.05 62.07
Shanghai Miho Package & Product Co., Ltd........ Zhejiang Shengxiang Industrial 73.05 62.07
Co., Ltd.
Union Packaging Group Limited................... Guangdong Union Eco-Packaging 73.05 62.07
Scien-Tech Co., Ltd.
Wuxi Hualite Metal Plastic Products Co., Ltd.... Wuxi Hualite Paper Products Co., 73.05 62.07
Ltd.
Xiamen Bag Imp. & Exp. Co., Ltd................. Xiamen CYR Green-Tech Co., Ltd.... 73.05 62.07
Xiamen Huide Xiesheng Packaging Co., Ltd........ Xiamen Huide Eco-Friendly Paper 73.05 62.07
Bags Co., Ltd.
Xiamen Jihong Technology Co., Ltd............... Xiamen Jihong Technology Co., Ltd. 73.05 62.07
Xiamen Joy Supply Chain Co., Ltd................ Fujian Huian Nice Paper Products 73.05 62.07
Co., Ltd.
Xiamen Joy Supply Chain Co., Ltd................ Xiamen THINKER Packaging Products 73.05 62.07
Co., Ltd.
Xiamen Nice Packaging Products Co., Ltd......... Fujian Huian Nice Paper Products 73.05 62.07
Co., Ltd.
Xiamen Nice Packaging Products Co., Ltd......... Xiamen THINKER Packaging Products 73.05 62.07
Co., Ltd.
China-wide Entity \21\.......................... .................................. * 146.32 135.77
----------------------------------------------------------------------------------------------------------------
* Rate based on AFA.
Disclosure
---------------------------------------------------------------------------
\21\ As explained above, we have not granted a separate rate to
Dongzheng or Qingdao Deepack; thus, the China-wide entity includes
Dongzheng and Qingdao Deepack. See the Issues and Decision
Memorandum for additional details.
---------------------------------------------------------------------------
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)(4) of the Act, because Commerce
continues to find that critical circumstances exist for the non-
selected separate rate companies and the China-wide entity, we 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, entered, or withdrawn from warehouse, for consumption,
on or after October 5, 2023, which is 90 days prior to the date of the
date of publication of the affirmative Preliminary Determination in the
Federal Register. For UUPAK, in accordance with section 735(c)(1)(B) of
the Act, we will instruct CBP to continue to suspend liquidation of all
entries of certain paper bags from China, 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.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce makes an affirmative
determination for domestic subsidy pass-through or export subsidies,
Commerce offsets the calculated estimated weighted-average dumping
margin by the appropriate rates. Commerce has continued to adjust the
cash deposit rate for the China-wide entity for export subsidies in the
companion CVD investigation by the appropriate export subsidy rate as
indicated in the above chart.\22\ However, suspension of liquidation of
provisional measures in the companion CVD case has been discontinued;
\23\ therefore, we are not instructing CBP to collect cash deposits
based upon the adjusted estimated weighted-average dumping margin for
those export subsidies at this time.
---------------------------------------------------------------------------
\22\ See Memorandum, ``Final Determination Analysis,'' dated
concurrently with this notice, for more information.
\23\ See Certain Paper Shopping Bags From the People's Republic
of China: Preliminary Affirmative Determination of Countervailable
Subsidies, Preliminary Affirmative Determination of Critical
Circumstances, and Alignment of Final Determination With Final
Antidumping Duty Determination, 88 FR 76180 (November 6, 2023); see
also section 703(d) of the Act, which states that the provisional
measures may not be in effect for more than four months, which in
the companion CVD case is 120 days after the publication of the
preliminary determination, or October 24, 2023.
---------------------------------------------------------------------------
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which the normal value
exceeds the U.S. price as follows: (1) for the producer/exporter
combinations listed in the table above, the cash deposit rate is equal
to the estimated
[[Page 45826]]
weighted-average dumping margin listed for that combination in the
table; (2) for all combinations of Chinese producers/exporters of
subject merchandise that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the China-wide entity;
and (3) for all third country exporters of subject merchandise not
listed in the table above, the cash deposit rate is the cash deposit
rate applicable to the Chinese producer/exporter combination (or China-
wide entity) that supplied that third-country exporter. 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, we will notify the
U.S. International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding 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 of paper bags
from China no later than 45 days after this final determination. If the
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all cash deposits will
be refunded or canceled, 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 that are entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as the final reminder to the 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 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 Assistance 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 \24\ 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.
---------------------------------------------------------------------------
\24\ 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. Application of Facts Available and Use of Adverse Inference
IV. China-Wide Rate
V. Final Affirmative Determination of Critical Circumstances
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
Comment 1: Whether To Adjust the China-Wide Rate
Comment 2: Whether To Adjust the Paper Surrogate Value (SV)
Comment 3: Whether To Conduct a Seasonality Analysis as Part of
the Critical Circumstances Analysis
VIII. Recommendation
[FR Doc. 2024-11477 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-DS-P
