Certain Paper Shopping Bags From India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 45826-45829 [2024-11480]
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45826
Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
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.
ddrumheller on DSK120RN23PROD with NOTICES1
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withdrawn from warehouse, for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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Jkt 262001
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.
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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
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
the final determination until May 17,
2024.1 We invited interested 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
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 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 product covered by this
investigation is certain paper shopping
bags from India. For a complete
description of the scope of this
investigation, see Appendix I to this
notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested 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
1 See Certain Paper Shopping Bags from India:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 89 FR 336
(January 3, 2024) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum
(PDM).
2 Id., 89 FR at 336.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Paper Shopping
Bags from India,’’ 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.
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.
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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 Negative Determination of
Critical Circumstances
We continue to find that critical
circumstances do not exist for imports
of paper bags from India for the two
mandatory respondents, Aeroplast
Packing Solution Private Limited
(APSL), Aero Plast Limited (APL), and
Aero Business Solutions Private Limited
(ABSL) (collectively Aeroplast) and
Kuloday Plastomers Pvt Ltd. (KPPL),
and for all other Indian producers and
exporters pursuant to sections
735(a)(3)(A) and (B) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.206. For further discussion of this
issue, see the Issues and Decision
Memorandum.
Verification
As provided in section 782(i) of the
Act, in January and March 2024, we
verified the sales and cost information
submitted by Aeroplast and KPPL for
use in our final determination. We used
standard verification procedures,
including an examination of relevant
sales and accounting records, and
original source documents provided by
Aeroplast and KPPL.6
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 made certain changes to the
margin calculation for Aeroplast and
KPPL since the Preliminary
Determination.7 In addition, Aeroplast
6 See Memoranda, ‘‘Verification of the Sales
Response of Aeroplast Packaging Solution Private
Limited (APSL) and affiliates, Aeroplast Limited
(APL) and Aero Business Solutions Private Limited
(ABSL) in the Antidumping Duty Investigation on
Certain Paper Shopping Bags from India,’’ dated
March 7, 2024; ‘‘Verification of the Sales Response
of Kuloday Plastomers Pvt Ltd. in the Antidumping
Duty Investigation of Certain Paper Shopping Bags
from India,’’ dated March 7, 2024; ‘‘Verification of
the Cost Response of Kuloday Plastomers Private
Limited in the Antidumping Duty Investigation of
Certain Paper Shopping Bags from India,’’ dated
April 18, 2024; and ‘‘Verification of the Cost
Response of Aeroplast Packaging Solutions Private
Limited in the Less Than Fair Value Investigation
of Certain Paper Shopping Bags from India,’’ dated
April 24, 2024.
7 See Memoranda, ‘‘Allegation of Ministerial Error
in the Preliminary Determination,’’ dated February
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45827
requested that the name of one its
affiliates be updated for the purpose of
the final determination and final
customs instructions.8 For a discussion
of these changes, see the Issues and
Decision Memorandum.
Use of Adverse Facts Available
As discussed in the Preliminary
Determination, the following companies
failed to respond to Commerce’s
quantity and value questionnaire: Apex
Paper and Plastic and Film (Apex); Asha
Overseas (Asha); Godhani Exports
(Godhani); and Pack Easy Paper
Products (Pack Easy). Consequently, for
the Preliminary Determination, we
determined that it was appropriate to
apply adverse facts available (AFA)
pursuant to sections 776(a)(1),
776(a)(2)(A)–(C), and 776(b) of the Act,
with respect to Apex, Asha, Godhani,
and Pack Easy.9 Absent comments on
the application of AFA, we continue to
assign the estimated weighted-average
dumping margin, i.e., the highest
transaction-specific margin calculated of
53.05 percent (because we are unable to
corroborate the highest rate in the
Petition of 96.15 percent 10) for these
companies on the basis of AFA,
pursuant to sections 776(a)(1),
776(a)(2)(A)–(C), and 776(b) of Act.11
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 exporters or producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Pursuant to section
2, 2024; ‘‘Analysis for the Final Determination for
Aero Business Solutions Private Limited; Aero Plast
Limited; and Aeroplast Packaging Solution Private
Limited,’’ dated concurrently with this notice; and
‘‘Analysis for the Final Determination for Kuloday
Plastomers Pvt Ltd.,’’ dated concurrently with this
notice.
8 See Aeroplast’s Letter, ‘‘Case Brief of Packaging
Solution Private Limited,’’ dated May 2, 2024
(citing Aeroplast’s Letters, ‘‘Request to Correct the
Clerical Error,’’ dated February 2, 2024; ‘‘Section A
Response,’’ dated September 14, 2023, at Exhibit A–
13(b) and Exhibit A–13(d); and ‘‘Aero Plast
Packaging Solutions Private Limited (APSL) 1st
Supplemental Section ABC Response to
Antidumping Duty Investigation Questionnaire,’’
dated November 28, 2023, at Exhibit S3–2).
9 See Preliminary Determination PDM at 5.
10 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 41689, 41692 (June 27, 2023).
11 See Preliminary Determination PDM.
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735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins
established for all exporters or
producers individually examined are
zero, de minimis, or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all other producers and exporters.
Here, Commerce calculated an
estimated weighted-average dumping
margin of zero percent for Aeroplast.
Therefore, the only rate that is not zero,
de minimis or based entirely on facts
otherwise available is the rate calculated
for KPPL. Consequently, the rate
calculated for KPPL is also assigned as
the estimated weighted-average
dumping margin for all other producers
and exporters.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
Aeroplast Packaging Solution Private Limited; Aero Plast Limited; Aero Business Solutions Private Limited ............................................................................................................................................................
Kuloday Plastomers Pvt. Ltd .......................................................................................................................
Adeera Packaging Pvt. Ltd ..........................................................................................................................
Amate Products Pvt. Ltd ..............................................................................................................................
Apex Paper and Plastic and Film ................................................................................................................
Archies Limited ............................................................................................................................................
Asha Overseas ............................................................................................................................................
Carrywell Packaging Pvt. Ltd ......................................................................................................................
Colorbox .......................................................................................................................................................
Dynaflex Private Limited ..............................................................................................................................
Godhani Exports ..........................................................................................................................................
Pack Easy Paper Products ..........................................................................................................................
Pack Planet Pvt. Ltd ....................................................................................................................................
Poonam ........................................................................................................................................................
Shriniwas Enterprises ..................................................................................................................................
Tejaswi Plastic Pvt. Ltd ...............................................................................................................................
The Velvin Group (DBA Velvin Packaging Solutions Pvt. Ltd. and Velvin Paper Products) ......................
Vama Packaging ..........................................................................................................................................
All Others .....................................................................................................................................................
0.00
4.59
4.59
4.59
* 53.05
4.59
* 53.05
4.59
4.59
4.59
* 53.05
* 53.05
4.59
4.59
4.59
4.59
4.59
4.59
4.59
Cash deposit
rate
(adjusted for
export subsidy
offset)
(percent)
Not Applicable
1.20
1.20
1.20
49.66
1.20
49.66
1.20
1.20
1.20
49.66
49.66
1.20
1.20
1.20
1.20
2.21
1.20
1.20
* 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).
ddrumheller on DSK120RN23PROD with NOTICES1
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all appropriate entries of
subject merchandise, as described in
Appendix I of this notice, 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 except for those entries
of subject merchandise produced and
exported by Aeroplast.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), where
appropriate, Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
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deposit rate for the companies listed
above that exported the subject
merchandise will be equal to the
company-specific estimated weightedaverage dumping margin determined in
this final determination; (2) if the
exporter is not a company identified
above but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the estimated
weighted-average dumping margin for
all other producers and exporters. These
suspension of liquidation instructions
will remain in effect until further notice.
Because the estimated weightedaverage dumping margin for Aeroplast
is zero, entries of shipments of subject
merchandise produced by and exported
by this company will not be subject to
suspension of liquidation or cash
deposit requirements. In such
situations, Commerce also applies the
exclusion to the provisional measures to
the producer/exporter combination that
was examined in the investigation.
Accordingly, Commerce will not be
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directing CBP to suspend liquidation of
entries of subject merchandise produced
and exported by Aeroplast. However,
entries of subject merchandise from this
company in any other producer/
exporter combination (i.e., where
Aeroplast, is either the producer or the
exporter, but not both), or by third
parties that sourced subject
merchandise from the excluded
producer/exporter combination, will be
subject to suspension of liquidation at
the all-others rate.
Further, because the estimated
weighted-average dumping margin is
zero for subject merchandise produced
and exported by Aeroplast, entries of
such merchandise will be excluded
from the potential antidumping duty
order. Such an exclusion will not be
applicable to merchandise exported to
the United States by this respondent in
any other producer/exporter
combinations or by third parties that
sourced subject merchandise from the
excluded producer/exporter
combination.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a final affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margins by the appropriate CVD rate.
Any such adjusted cash deposit rate
may be found in the ‘‘Final
Determination’’ section above.
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 India 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.
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 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
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Jkt 262001
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.
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
• Shopping bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric 12 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).
12 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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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
Appendix I
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45829
I. Summary
II. Background
III. Final Negative Determination of Critical
Circumstances
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Shorter Cost Averaging
Periods for KPPL
Comment 2: Correction of Aeroplast’s
Name in the Final Determination and
Final Customs Instructions
Comment 3: Adverse Inference for Shorter
Cost Averaging Periods for Aeroplast
VI. Recommendation
[FR Doc. 2024–11480 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–153]
Certain Paper Shopping Bags From the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination and Final Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers/exporters of
certain paper shopping bags (paper
bags) from the People’s Republic of
China (China). The period of
investigation (POI) is January 1, 2022,
through December 31, 2022.
SUMMARY:
DATES:
Applicable May 24, 2024.
Seth
Brown, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0029.
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45826-45829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11480]
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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
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 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:
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
[[Page 45827]]
the final determination until May 17, 2024.\1\ We invited interested
parties to comment on the Preliminary Determination.\2\
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\1\ See Certain Paper Shopping Bags from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 336 (January 3, 2024) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ Id., 89 FR at 336.
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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 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.
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\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Paper Shopping Bags from India,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is certain paper shopping
bags from India. For a complete description of the scope of this
investigation, see Appendix I to this notice.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested 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.
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\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.
\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.
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Final Negative Determination of Critical Circumstances
We continue to find that critical circumstances do not exist for
imports of paper bags from India for the two mandatory respondents,
Aeroplast Packing Solution Private Limited (APSL), Aero Plast Limited
(APL), and Aero Business Solutions Private Limited (ABSL) (collectively
Aeroplast) and Kuloday Plastomers Pvt Ltd. (KPPL), and for all other
Indian producers and exporters pursuant to sections 735(a)(3)(A) and
(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206. For further discussion of this issue, see the Issues and
Decision Memorandum.
Verification
As provided in section 782(i) of the Act, in January and March
2024, we verified the sales and cost information submitted by Aeroplast
and KPPL for use in our final determination. We used standard
verification procedures, including an examination of relevant sales and
accounting records, and original source documents provided by Aeroplast
and KPPL.\6\
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\6\ See Memoranda, ``Verification of the Sales Response of
Aeroplast Packaging Solution Private Limited (APSL) and affiliates,
Aeroplast Limited (APL) and Aero Business Solutions Private Limited
(ABSL) in the Antidumping Duty Investigation on Certain Paper
Shopping Bags from India,'' dated March 7, 2024; ``Verification of
the Sales Response of Kuloday Plastomers Pvt Ltd. in the Antidumping
Duty Investigation of Certain Paper Shopping Bags from India,''
dated March 7, 2024; ``Verification of the Cost Response of Kuloday
Plastomers Private Limited in the Antidumping Duty Investigation of
Certain Paper Shopping Bags from India,'' dated April 18, 2024; and
``Verification of the Cost Response of Aeroplast Packaging Solutions
Private Limited in the Less Than Fair Value Investigation of Certain
Paper Shopping Bags from India,'' dated April 24, 2024.
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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 made certain changes to the margin calculation for Aeroplast and
KPPL since the Preliminary Determination.7 In addition,
Aeroplast requested that the name of one its affiliates be updated for
the purpose of the final determination and final customs
instructions.\8\ For a discussion of these changes, see the Issues and
Decision Memorandum.
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\7\ See Memoranda, ``Allegation of Ministerial Error in the
Preliminary Determination,'' dated February 2, 2024; ``Analysis for
the Final Determination for Aero Business Solutions Private Limited;
Aero Plast Limited; and Aeroplast Packaging Solution Private
Limited,'' dated concurrently with this notice; and ``Analysis for
the Final Determination for Kuloday Plastomers Pvt Ltd.,'' dated
concurrently with this notice.
\8\ See Aeroplast's Letter, ``Case Brief of Packaging Solution
Private Limited,'' dated May 2, 2024 (citing Aeroplast's Letters,
``Request to Correct the Clerical Error,'' dated February 2, 2024;
``Section A Response,'' dated September 14, 2023, at Exhibit A-13(b)
and Exhibit A-13(d); and ``Aero Plast Packaging Solutions Private
Limited (APSL) 1st Supplemental Section ABC Response to Antidumping
Duty Investigation Questionnaire,'' dated November 28, 2023, at
Exhibit S3-2).
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Use of Adverse Facts Available
As discussed in the Preliminary Determination, the following
companies failed to respond to Commerce's quantity and value
questionnaire: Apex Paper and Plastic and Film (Apex); Asha Overseas
(Asha); Godhani Exports (Godhani); and Pack Easy Paper Products (Pack
Easy). Consequently, for the Preliminary Determination, we determined
that it was appropriate to apply adverse facts available (AFA) pursuant
to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, with
respect to Apex, Asha, Godhani, and Pack Easy.\9\ Absent comments on
the application of AFA, we continue to assign the estimated weighted-
average dumping margin, i.e., the highest transaction-specific margin
calculated of 53.05 percent (because we are unable to corroborate the
highest rate in the Petition of 96.15 percent \10\) for these companies
on the basis of AFA, pursuant to sections 776(a)(1), 776(a)(2)(A)-(C),
and 776(b) of Act.\11\
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\9\ See Preliminary Determination PDM at 5.
\10\ 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 41689,
41692 (June 27, 2023).
\11\ See Preliminary Determination PDM.
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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
exporters or producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Pursuant to section
[[Page 45828]]
735(c)(5)(B) of the Act, if the estimated weighted-average dumping
margins established for all exporters or producers individually
examined are zero, de minimis, or determined based entirely on facts
otherwise available, Commerce may use any reasonable method to
establish the estimated weighted-average dumping margin for all other
producers and exporters.
Here, Commerce calculated an estimated weighted-average dumping
margin of zero percent for Aeroplast. Therefore, the only rate that is
not zero, de minimis or based entirely on facts otherwise available is
the rate calculated for KPPL. Consequently, the rate calculated for
KPPL is also assigned as the estimated weighted-average dumping margin
for all other producers and exporters.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated Cash deposit rate
weighted-average (adjusted for
Exporter/producer dumping margin export subsidy
(percent) offset) (percent)
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Aeroplast Packaging Solution 0.00 Not Applicable
Private Limited; Aero Plast
Limited; Aero Business Solutions
Private Limited..................
Kuloday Plastomers Pvt. Ltd....... 4.59 1.20
Adeera Packaging Pvt. Ltd......... 4.59 1.20
Amate Products Pvt. Ltd........... 4.59 1.20
Apex Paper and Plastic and Film... * 53.05 49.66
Archies Limited................... 4.59 1.20
Asha Overseas..................... * 53.05 49.66
Carrywell Packaging Pvt. Ltd...... 4.59 1.20
Colorbox.......................... 4.59 1.20
Dynaflex Private Limited.......... 4.59 1.20
Godhani Exports................... * 53.05 49.66
Pack Easy Paper Products.......... * 53.05 49.66
Pack Planet Pvt. Ltd.............. 4.59 1.20
Poonam............................ 4.59 1.20
Shriniwas Enterprises............. 4.59 1.20
Tejaswi Plastic Pvt. Ltd.......... 4.59 1.20
The Velvin Group (DBA Velvin 4.59 2.21
Packaging Solutions Pvt. Ltd. and
Velvin Paper Products)...........
Vama Packaging.................... 4.59 1.20
All Others........................ 4.59 1.20
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* 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, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix I of this notice, 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
except for those entries of subject merchandise produced and exported
by Aeroplast.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) the cash deposit rate
for the companies listed above that exported the subject merchandise
will be equal to the company-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not a company identified above but the producer is, then
the cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin established for that producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the estimated weighted-average
dumping margin for all other producers and exporters. These suspension
of liquidation instructions will remain in effect until further notice.
Because the estimated weighted-average dumping margin for Aeroplast
is zero, entries of shipments of subject merchandise produced by and
exported by this company will not be subject to suspension of
liquidation or cash deposit requirements. In such situations, Commerce
also applies the exclusion to the provisional measures to the producer/
exporter combination that was examined in the investigation.
Accordingly, Commerce will not be directing CBP to suspend liquidation
of entries of subject merchandise produced and exported by Aeroplast.
However, entries of subject merchandise from this company in any other
producer/exporter combination (i.e., where Aeroplast, is either the
producer or the exporter, but not both), or by third parties that
sourced subject merchandise from the excluded producer/exporter
combination, will be subject to suspension of liquidation at the all-
others rate.
Further, because the estimated weighted-average dumping margin is
zero for subject merchandise produced and exported by Aeroplast,
entries of such merchandise will be excluded from the potential
antidumping duty order. Such an exclusion will not be applicable to
merchandise exported to the United States by this respondent in any
other producer/exporter combinations or by third parties that sourced
subject merchandise from the excluded producer/exporter combination.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
[[Page 45829]]
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce has made a final affirmative
determination for countervailable export subsidies, Commerce has offset
the estimated weighted-average dumping margins by the appropriate CVD
rate. Any such adjusted cash deposit rate may be found in the ``Final
Determination'' section above.
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 India 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 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 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
Shopping bags (i) with non-paper handles made wholly of
woven ribbon or other similar woven fabric \12\ and (ii) that are
finished with folded tops or for which tied knots or t-bar aglets
(made of wood, metal, or plastic) are used to secure the handles to
the bags.
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\12\ Paper sacks or bags with handles made of braided or twisted
materials, such as rope or cord, do not qualify for this exclusion.
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The above-referenced dimensions are provided for paper bags in
the opened position. The height of the bag is the distance from the
bottom fold edge to the top edge (i.e., excluding the height of
handles that extend above the top edge). The depth of the bag is the
distance from the front of the bag edge to the back of the bag edge
(typically measured at the bottom of the bag). The width of the bag
is measured from the left to the right edges of the front and back
panels (upon which the handles typically are located).
This merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided
for convenience and customs purposes only; the written description
of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Negative Determination of Critical Circumstances
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Shorter Cost Averaging Periods for KPPL
Comment 2: Correction of Aeroplast's Name in the Final
Determination and Final Customs Instructions
Comment 3: Adverse Inference for Shorter Cost Averaging Periods
for Aeroplast
VI. Recommendation
[FR Doc. 2024-11480 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-DS-P
