Certain Paper Shopping Bags From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 45832-45834 [2024-11484]
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45832
Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
Administrative Protective Order
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an 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/
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.
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.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
705(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Appendix II
Dated: May 17, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The products within the scope of this
investigation are paper shopping bags with
handles of any type, regardless of whether
there is any printing, regardless of how the
top edges are finished (e.g., folded, serrated,
or otherwise finished), regardless of color,
and regardless of whether the top edges
contain adhesive or other material for sealing
closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at
least 2.5 inches.
Paper shopping bags typically are made of
kraft paper but can be made from any type
of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per
square meter (GSM).
A non-exhaustive illustrative list of the
types of handles on shopping bags covered
by the scope include handles made from any
materials such as twisted paper, flat paper,
yarn, ribbon, rope, string, or plastic, as well
as die-cut handles (whether the punchout is
fully removed or partially attached as a flap).
Excluded from the scope are:
• Paper sacks or bags that are of a 1⁄6 or 1⁄7
barrel size (i.e., 11.5–12.5 inches in width,
6.5–7.5 inches in depth, and 13.5–17.5
inches in height) with flat paper handles or
die-cut handles;
• Paper sacks or bags with die-cut handles,
a grams per square meter paper weight of less
than 86 GSM, and a height of less than 11.5
inches; and
• Paper sacks or bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric20 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
VerDate Sep<11>2014
17:40 May 23, 2024
Jkt 262001
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Final Critical Circumstances
Determination
V. Subsidies Valuation Information
VI. Interest Rates and Benchmarks
VII. Use of Facts Available and Adverse
Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
the Export Buyer’s Credit Program
(EBCP)
Comment 2: Whether the Income Tax
Reductions for High and New
Technology Enterprises (HTNE) and
Income Tax Deductions for Research and
Development Expenses Under the
Enterprise Income Tax (EIT) Law Are
Specific
Comment 3: Whether To Apply AFA to
Find that the Provision of Kraft Paper for
Less Than Adequate Remuneration
(LTAR) is Specific and Provides a
Financial Contribution From the GOC
Comment 4: Whether Commerce Should
Apply AFA to Fujian Nanwang’s Kraft
Paper Purchases
Comment 5: Whether Commerce Should
Use Fujian Nanwang’s Total Sales as the
Denominator for the Provision of Kraft
Paper for LTAR
Comment 6: Whether Commerce Should
Reverse Its Preliminary Affirmative
Critical Circumstances Finding
Comment 7: Whether To Use Fujian
Nanwang’s Corrected Sales and
Electricity Usage Data
Comment 8: The Countervailability of the
Provision of Electricity for LTAR
Comment 9: Whether Policy Loans to the
Paper Bags Industry Constitute a
Financial Contribution and Are Specific
Comment 10: Whether To Apply AFA to
the Provision of Land-Use Rights for
LTAR in the Huidong Industrial Zone
Comment 11: Whether the Provision of
Land-Use Rights Should Be Treated as a
Financial Contribution in the Form of
Revenue Forgone
X. Recommendation
Appendix I: Other Subsidies Determined To
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Be Countervailable
Appendix II: Identification of Export-Specific
Subsidies
Appendix III: AFA Rate Calculation
[FR Doc. 2024–11478 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–872]
Certain Paper Shopping Bags From
Taiwan: Final Affirmative
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain paper shopping bags (paper
bags) from Taiwan 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:
Nathan James, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5305.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2024, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of paper bags from
Taiwan, in which we also postponed 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
1 See Certain Paper Shopping Bags from Taiwan:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Affirmative
Determination of Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 89 FR 331
(January 3, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Preliminary Determination, 89 FR at 332–3.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the Less-
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Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are paper bags from
Taiwan. 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 addressed 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 shown 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 Taiwan from Juang Jia Guoo
Co., Ltd. (JJG); we find that critical
circumstances do not exist for Haur Tyi
Paper Bag Co., Ltd. (Haurtyi) and for all
other 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.
ddrumheller on DSK120RN23PROD with NOTICES1
Verification
As provided in section 782(i) of the
Act, we conducted verifications of the
sales and cost information submitted by
Haurtyi for use in our final
determination. We used standard
Than-Fair-Value Investigation of Certain Paper
Shopping Bags from Taiwan, and Final Affirmative
Determination of Critical Circumstances, in Part,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
4 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated December 27, 2023
(Preliminary Scope Decision Memorandum).
5 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated March 11, 2024 (Final Scope
Decision Memorandum).
VerDate Sep<11>2014
17:40 May 23, 2024
Jkt 262001
verification procedures, including an
examination of relevant sales and
accounting records and original source
documents provided by Haurtyi.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.
determined entirely under section 776
of the Act.
In this investigation, Commerce
assigned an individual estimated
weighted-average dumping margin to
JJG entirely under section 776 of the
Act. Therefore, the only rate that is not
zero, de minimis, or based entirely on
facts otherwise available is the rate
calculated for Haurtyi. Consequently,
Commerce is assigning the rate
calculated for Haurtyi as the rate for all
other producers and exporters, pursuant
to section 735(c)(5)(A) of the Act.
Changes Since the Preliminary
Determination
We have made certain changes to the
margin calculations for Haurtyi since
the Preliminary Determination, and we
have modified the margin assigned to
JJG. For a discussion of these changes,
see the Issues and Decision
Memorandum.
Final Determination
Use of Adverse Facts Available
As discussed in the Preliminary
Determination, Commerce assigned to
mandatory respondent JJG an estimated
weighted-average dumping margin on
the basis of facts available with adverse
inferences (AFA), pursuant to sections
776(a) and (b) of the Act.7 There is no
new information on the record that
would cause us to revisit our decision
in the Preliminary Determination.
Accordingly, for the reasons explained
in the Preliminary Determination, and
consistent with Commerce’s practice, as
AFA, we assigned JJG the highest
corroborated dumping margin alleged in
the petition.8
Haur Tyi Paper Bag Co., Ltd ......
Juang Jia Guoo Co., Ltd ............
All Others ....................................
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 and producers
individually investigated, excluding
rates that are zero, de minimis, or
6 See Memoranda, ‘‘Verification of the Sales
Response of Haur Tyi Paper Bag Co., Ltd. in the
Less-Than-Fair-Value Investigation of Certain Paper
Shopping Bags from Taiwan,’’ dated April 15, 2024;
and ‘‘Verification of the Cost Response of Haur Tyi
Paper Bag Co., Ltd. in the Antidumping Duty
Investigation of Certain Paper Shopping Bags from
Taiwan,’’ dated April 15, 2024.
7 See Preliminary Determination, 89 FR at 331.
8 See, e.g., Welded Stainless Pressure Pipe from
Thailand: Final Determination of Sales at Less
Than Fair Value, 79 FR 31093 (May 30, 2014), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 3; see also Checklist,
‘‘Antidumping Duty Investigation Initiation
Checklist: Certain Paper Shopping Bags from
Taiwan,’’ dated June 20, 2023.
PO 00000
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45833
The final estimated weighted-average
dumping margins are as follows:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
4.74
* 65.81
4.74
* 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).
Suspension of Liquidation
In accordance with section 735(c)(4)
of the Act, because Commerce continues
to find that critical circumstances exist
for JJG, we will instruct U.S. Customs
and Border Protection (CBP) to continue
to suspend liquidation of entries of
subject merchandise, as described in
Appendix I of this notice, which are
entered, or withdrawn from warehouse
for consumption, on or after October 5,
2023, which is 90 days prior to the date
of publication of the affirmative
Preliminary Determination in the
Federal Register.
For Haurtyi and the ‘‘all other’’
companies, we will instruct CBP to
suspend 9 or continue to suspend,
respectively, liquidation of entries of
paper bags from Taiwan, as described in
Appendix I of this notice, which are
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.
9 Because we preliminarily found a de minimis
dumping margin for Haurtyi, at that time, we
instructed CBP not to suspend liquidation of entries
of subject merchandise produced and exported by
Haurtyi.
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45834
Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require
a cash deposit equal to the estimated
weighted-average dumping margin as
follows: (1) the cash deposit rate for the
respondents listed above will be equal
to the company-specific estimated
weighted-average dumping margin
determined in this final determination;
(2) if the exporter is not 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. 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, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because Commerce’s
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 Taiwan 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 ‘‘Suspension of
Liquidation’’ section above.
Administrative Protective Order
This notice serves as the only
reminder to 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
notification of the return, or destruction,
of APO materials, or conversion to
judicial protective order, is hereby
VerDate Sep<11>2014
17:40 May 23, 2024
Jkt 262001
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: May 17, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products within the scope of this
investigation are paper shopping bags with
handles of any type, regardless of whether
there is any printing, regardless of how the
top edges are finished (e.g., folded, serrated,
or otherwise finished), regardless of color,
and regardless of whether the top edges
contain adhesive or other material for sealing
closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at
least 2.5 inches.
Paper shopping bags typically are made of
kraft paper but can be made from any type
of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per
square meter (GSM).
A non-exhaustive illustrative list of the
types of handles on shopping bags covered
by the scope include handles made from any
materials such as twisted paper, flat paper,
yarn, ribbon, rope, string, or plastic, as well
as die-cut handles (whether the punchout is
fully removed or partially attached as a flap).
Excluded from the scope are:
• Paper sacks or bags that are of a 1⁄6 or 1⁄7
barrel size (i.e., 11.5–12.5 inches in width,
6.5–7.5 inches in depth, and 13.5–17.5
inches in height) with flat paper handles or
die-cut handles;
• Paper sacks or bags with die-cut handles,
a grams per square meter paper weight of less
than 86 GSM, and a height of less than 11.5
inches; and
• Paper sacks or bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric 10 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).
10 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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Fmt 4703
Sfmt 4703
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. Affirmative Determination of Critical
Circumstances, in Part
IV. Changes From the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Destination Reporting
Comment 2: Differential Pricing Analysis
Comment 3: Home-Market Bank Charges
Comment 4: Classification of Sales
Personnel Bonuses
Comment 5: Cost Adjustment for Printing
Services Obtained From Affiliated
Suppliers
Comment 6: Imputed Interest Expense
From Interest Free Loans
Comment 7: Revisions in Haurtyi’s Latest
Sales Files
Comment 8: Treatment of May Sun Jieh
Enterprise Co., Ltd.
VI. Recommendation
[FR Doc. 2024–11484 Filed 5–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–918]
Certain Paper Shopping Bags From
India: Final Affirmative Countervailing
Duty Determination and Final
Affirmative Critical Circumstances
Determination, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain paper shopping bags (paper
bags) from India. The period of
investigation (POI) is January 1, 2022,
through December 31, 2022.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson or Paul Kebker, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4406 or (202) 482–2254,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\24MYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45832-45834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11484]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-872]
Certain Paper Shopping Bags From Taiwan: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain paper shopping bags (paper bags) from Taiwan 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: Nathan James, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5305.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2024, Commerce published in the Federal Register its
preliminary determination in the LTFV investigation of paper bags from
Taiwan, in which we also postponed the final determination until May
17, 2024.\1\ We invited interested parties to comment on the
Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See Certain Paper Shopping Bags from Taiwan: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 331 (January 3, 2023) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 89 FR at 332-3.
---------------------------------------------------------------------------
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
[[Page 45833]]
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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Paper Shopping Bags from Taiwan, and Final Affirmative
Determination of Critical Circumstances, in Part,'' 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
Taiwan. 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 addressed 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 shown in
Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated December 27, 2023 (Preliminary Scope Decision Memorandum).
\5\ See Memorandum, ``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 Taiwan from Juang Jia Guoo Co., Ltd. (JJG); we find
that critical circumstances do not exist for Haur Tyi Paper Bag Co.,
Ltd. (Haurtyi) and for all other 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, we conducted
verifications of the sales and cost information submitted by Haurtyi
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 Haurtyi.\6\
---------------------------------------------------------------------------
\6\ See Memoranda, ``Verification of the Sales Response of Haur
Tyi Paper Bag Co., Ltd. in the Less-Than-Fair-Value Investigation of
Certain Paper Shopping Bags from Taiwan,'' dated April 15, 2024; and
``Verification of the Cost Response of Haur Tyi Paper Bag Co., Ltd.
in the Antidumping Duty Investigation of Certain Paper Shopping Bags
from Taiwan,'' dated April 15, 2024.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached as Appendix II to this notice.
Changes Since the Preliminary Determination
We have made certain changes to the margin calculations for Haurtyi
since the Preliminary Determination, and we have modified the margin
assigned to JJG. For a discussion of these changes, see the Issues and
Decision Memorandum.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
mandatory respondent JJG an estimated weighted-average dumping margin
on the basis of facts available with adverse inferences (AFA), pursuant
to sections 776(a) and (b) of the Act.\7\ There is no new information
on the record that would cause us to revisit our decision in the
Preliminary Determination. Accordingly, for the reasons explained in
the Preliminary Determination, and consistent with Commerce's practice,
as AFA, we assigned JJG the highest corroborated dumping margin alleged
in the petition.\8\
---------------------------------------------------------------------------
\7\ See Preliminary Determination, 89 FR at 331.
\8\ See, e.g., Welded Stainless Pressure Pipe from Thailand:
Final Determination of Sales at Less Than Fair Value, 79 FR 31093
(May 30, 2014), and accompanying Issues and Decision Memorandum
(IDM) at Comment 3; see also Checklist, ``Antidumping Duty
Investigation Initiation Checklist: Certain Paper Shopping Bags from
Taiwan,'' dated June 20, 2023.
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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.
In this investigation, Commerce assigned an individual estimated
weighted-average dumping margin to JJG entirely under section 776 of
the Act. Therefore, the only rate that is not zero, de minimis, or
based entirely on facts otherwise available is the rate calculated for
Haurtyi. Consequently, Commerce is assigning the rate calculated for
Haurtyi 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)
------------------------------------------------------------------------
Haur Tyi Paper Bag Co., Ltd................................. 4.74
Juang Jia Guoo Co., Ltd..................................... * 65.81
All Others.................................................. 4.74
------------------------------------------------------------------------
* 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).
Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for JJG, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of entries of subject merchandise, as described in
Appendix I of this notice, which are entered, or withdrawn from
warehouse for consumption, on or after October 5, 2023, which is 90
days prior to the date of publication of the affirmative Preliminary
Determination in the Federal Register.
For Haurtyi and the ``all other'' companies, we will instruct CBP
to suspend \9\ or continue to suspend, respectively, liquidation of
entries of paper bags from Taiwan, as described in Appendix I of this
notice, which are 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.
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\9\ Because we preliminarily found a de minimis dumping margin
for Haurtyi, at that time, we instructed CBP not to suspend
liquidation of entries of subject merchandise produced and exported
by Haurtyi.
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[[Page 45834]]
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin as follows: (1) the
cash deposit rate for the respondents listed above will be equal to the
company-specific estimated weighted-average dumping margin determined
in this final determination; (2) if the exporter is not 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.
These suspension of liquidation instructions will remain in effect
until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
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 Taiwan 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 ``Suspension of Liquidation''
section above.
Administrative Protective Order
This notice serves as the only reminder to 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 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 subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: May 17, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products within the scope of this investigation are paper
shopping bags with handles of any type, regardless of whether there
is any printing, regardless of how the top edges are finished (e.g.,
folded, serrated, or otherwise finished), regardless of color, and
regardless of whether the top edges contain adhesive or other
material for sealing closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at least 2.5 inches.
Paper shopping bags typically are made of kraft paper but can be
made from any type of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per square meter (GSM).
A non-exhaustive illustrative list of the types of handles on
shopping bags covered by the scope include handles made from any
materials such as twisted paper, flat paper, yarn, ribbon, rope,
string, or plastic, as well as die-cut handles (whether the punchout
is fully removed or partially attached as a flap).
Excluded from the scope are:
Paper sacks or bags that are of a \1/6\ or \1/7\ barrel
size (i.e., 11.5-12.5 inches in width, 6.5-7.5 inches in depth, and
13.5-17.5 inches in height) with flat paper handles or die-cut
handles;
Paper sacks or bags with die-cut handles, a grams per
square meter paper weight of less than 86 GSM, and a height of less
than 11.5 inches; and
Paper sacks or bags (i) with non-paper handles made
wholly of woven ribbon or other similar woven fabric \10\ 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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\10\ 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. Affirmative Determination of Critical Circumstances, in Part
IV. Changes From the Preliminary Determination
V. Discussion of the Issues
Comment 1: Destination Reporting
Comment 2: Differential Pricing Analysis
Comment 3: Home-Market Bank Charges
Comment 4: Classification of Sales Personnel Bonuses
Comment 5: Cost Adjustment for Printing Services Obtained From
Affiliated Suppliers
Comment 6: Imputed Interest Expense From Interest Free Loans
Comment 7: Revisions in Haurtyi's Latest Sales Files
Comment 8: Treatment of May Sun Jieh Enterprise Co., Ltd.
VI. Recommendation
[FR Doc. 2024-11484 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-DS-P
