Certain Paper Shopping Bags From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value, 45821-45823 [2024-11482]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45821-45823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11482]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-825]


Certain Paper Shopping Bags From Malaysia: Final Affirmative 
Determination of Sales at Less Than Fair Value

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 Malaysia are being, or 
are likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is April 1, 2022, through 
March 31, 2023.

DATES: Applicable May 24, 2024.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4313.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2024, Commerce published its Preliminary 
Determination of sales of paper bags from Malaysia at LTFV.\1\ For a 
complete description of the events that followed the Preliminary 
Determination, see the Issues and Decision Memorandum.\2\ All issues 
raised by parties for this final determination are addressed in the 
Issues and Decision Memorandum, which is hereby adopted by this notice. 
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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    \1\ See Certain Paper Shopping Bags from Malaysia: Preliminary 
Affirmative Determination of Sales at Less-Than-Fair-Value, 89 FR 
333 (January 3, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Paper Shopping Bags from Malaysia,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Investigation

    The products covered by this investigation are paper bags from 
Malaysia. 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.\3\ We received comments from parties on the Preliminary Scope 
Decision Memorandum, which we address in the Final Scope Decision 
Memorandum.\4\ We made no changes to the scope of the investigation 
from the scope published in the Preliminary Determination, as noted in 
Appendix I to this notice.
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    \3\ 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.
    \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: Final Scope Decision Memorandum,'' dated March 11, 2024.
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), we conducted verifications of the sales and cost information 
submitted by Hexachase Packaging Sdn. Bhd. (Hexachase) 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 Hexachase.\5\
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    \5\ See Memorandum, ``Verification of the Sales Responses of 
Hexachase Packaging Sdn. Bhd. in the Antidumping Duty Investigation 
of Certain Paper Shopping Bags from Malaysia,'' dated March 27, 
2024; see also Memorandum, ``Verification of the Cost Response of 
Hexachase Packaging Sdn Bhd. the Antidumping Duty Investigation of 
Certain Paper Shopping Bags from Malaysia,'' dated April 22, 2024.
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Analysis of Comments Received

    All issues raised in the case briefs submitted by interested 
parties in this

[[Page 45822]]

investigation are addressed in the Issues and Decision Memorandum. A 
list of the issues addressed in the Issues and Decision Memorandum is 
attached as Appendix II to this notice.

Changes Since the Preliminary Determination

    We have made certain changes to the dumping margin calculations for 
Hexachase and Nanwang Pack (M) Sdn. Bhd (Nanwang) since the Preliminary 
Determination. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Use of Facts Available With Adverse Inferences

    For this final determination, we find that pursuant to sections 
776(a)-(b) of the Act, the use of facts available with adverse 
inferences (AFA) is warranted in determining the final dumping margin 
for mandatory respondent, Nanwang.\6\
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    \6\ For a further discussion, see the Issues and Decision 
Memorandum.
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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 and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
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 or exporters. Commerce has determined 
the estimated weighted-average dumping margin for the individually 
examined respondent under section 776 of the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Hexachase that is not zero, de minimis, or based 
entirely on facts otherwise available. Moreover, as discussed above, we 
have assigned a rate based entirely on AFA to the other mandatory 
respondent, Nanwang. Consequently, the rate calculated for Hexachase is 
also assigned as the rate for all other producers and exporters, 
pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Hexachase Packaging Sdn. Bhd................................        3.18
Nanwang Pack (M) Sdn. Bhd...................................    * 112.22
Kooka Paper Manufacturing Sdn. Bhd..........................    * 112.22
All Others..................................................        3.18
------------------------------------------------------------------------
* Based on AFA.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days of any public announcement or, if there is no public announcement, 
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, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of paper bags from Malaysia, 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 of the Preliminary Determination of this investigation in 
the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the 
publication of this notice, Commerce will instruct CBP to require a 
cash deposit equal to the weighted-average amount by which the normal 
value exceeds U.S. price as follows: (1) the cash deposit rate for the 
respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
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 all-others estimated weighted-average dumping margin 
listed in the table above. 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 
investigation 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 subject 
merchandise from Indonesia no later than 45 days after our final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded. 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 serves as a final reminder to the parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a violation 
which is subject to sanction.

Notification to Interested Parties

    This final determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: May 17, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

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,

[[Page 45823]]

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.
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    \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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    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. 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
    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