Certain Paper Shopping Bags From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 45839-45841 [2024-11485]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45839-45841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11485]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-836]


Certain Paper Shopping Bags From the Socialist Republic of 
Vietnam: Final Affirmative Determination of Sales at Less Than Fair 
Value and Final Affirmative 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 the Socialist Republic of 
Vietnam (Vietnam) are being, or likely to be, sold in the United States 
at less-than-fair value (LTFV) for the period investigation October 1, 
2022, through March 31, 2023.

DATES: Applicable May 24, 2024.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, 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) 482-2371.

SUPPLEMENTARY INFORMATION: 

Background

    On January 3, 2024, Commerce published in the Federal Register its 
preliminary determination in the LTFV investigation of paper bags from 
Vietnam, in which we also postponed 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 the Socialist Republic 
of Vietnam: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Preliminary Affirmative Critical Circumstances 
Determination, Postponement of Final Determination, and Extension of 
Provisional Measures, 89 FR 321 (January 3, 2024) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ See Preliminary Determination, 89 FR at 321.
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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 Certain Paper Shopping Bags from the Socialist Republic of 
Vietnam,'' 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 
Vietnam. 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 noted in 
Appendix I to this notice.
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    \4\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated December 27, 2023 (Preliminary Scope Decision Memorandum).
    \5\ See Memorandum, ``Less-Than-Fair-Value and Countervailing 
Duty Investigations of Certain Paper Shopping Bags from Cambodia, 
the People's Republic of China, Colombia, India, Malaysia, Portugal, 
Taiwan, the Republic of Turkey, and the Socialist Republic of 
Vietnam: Final Scope Decision Memorandum,'' dated March 11, 2024 
(Final Scope Decision Memorandum).
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Final Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.206, Commerce continues to find that 
critical circumstances exist with respect to imports of paper bags from 
Vietnam for Goldsun Packaging and Printing Joint Stock Company 
(Goldsun), the non-selected respondents eligible for a separate rate, 
and the Vietnam-wide entity. For a discussion and analysis of comments 
regarding Commerce's critical circumstances analysis, see the Issues 
and Decision Memorandum.

Verification

    As provided in section 782(i) of the Act, we conducted 
verifications of the sales and factors of production information 
submitted by Goldsun 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 
Goldsun.\6\
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    \6\ See Memorandum, ``Verification of the Questionnaire 
Responses of Goldsun Packaging and Printing Joint Stock Company in 
the Antidumping Investigation of Certain Paper Shopping Bags from 
the Socialist Republic of Vietnam,'' dated March 27, 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 raised is attached as 
Appendix II to this notice.

Changes Since the Preliminary Determination

    We have made certain changes to the margin calculation for 
Goldsun.\7\ For a discussion of these changes, see the Issues and 
Decision Memorandum.
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    \7\ See Issues and Decision Memorandum.
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Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)

    Consistent with the Preliminary Determination,\8\ Commerce 
continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of 
the Act, that the use of facts available is warranted in determining 
the rate of the Vietnam-wide entity, which includes mandatory 
respondent Hi-Level Enterprise Co., Ltd. (Hi-Level), who did not fully 
respond to Commerce's questionnaire, and for the following five non-
responsive companies \9\ that did not respond to our requests for 
information: NamCuong Packaging, Pan Pacific Vietnam, SIC Paper Bag, 
Kien Nang, Co., Ltd. and TLC Packaging. Furthermore, we continue to 
find that an adverse inference is warranted in selecting from among the 
facts otherwise available, pursuant to section 776(b) of the Act, 
because the Vietnam-wide entity, including the above-referenced 
companies, failed to cooperate by not acting to the best of their 
ability to comply with Commerce's requests for information. For the 
final determination, consistent with the

[[Page 45840]]

Preliminary Determination,\10\ as AFA, we are continuing to assign to 
the Vietnam-wide entity, including the above-referenced companies, the 
rate of 92.34 percent, which is the highest margin alleged in the 
petition.\11\
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    \8\ See Preliminary Determination PDM at 6-8.
    \9\ Id.
    \10\ Id.
    \11\ See Initiation Checklist, ``Antidumping Duty Investigation 
Initiation Checklist: Certain Paper Shopping Bags from the Socialist 
Republic of Vietnam,'' dated June 20, 2023.
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Separate Rates

    We preliminarily found the mandatory respondent Goldsun and certain 
non-selected separate rate applicants \12\ to be eligible for a 
separate rate in the Preliminary Determination.\13\ No party commented 
on our preliminary separate rate determination and we have no basis to 
otherwise reconsider this determination. Accordingly, we continue to 
find that Goldsun and the non-selected companies are eligible for a 
separate rate in the final determination.
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    \12\ The non-selected companies eligible for a separate rate 
are: (1) Khang Thanh Manufacturing Company Limited, (2) Vietnam Red 
Star Industry Company Limited, and 3) Dong Sung Printing Co., Ltd.
    \13\ See Preliminary Determination PDM at 13-14.
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    Generally, Commerce looks to section 735(c)(5)(A) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for separate rate 
respondents which we did not individually examine. The statute further 
provides that, where all margins are zero, de minimis, or based 
entirely on facts available under section 776 of the Act, Commerce may 
use ``any reasonable method'' for assigning the rate to non-selected 
respondents.\14\ In this final determination, the only participating 
mandatory respondent (i.e., Goldsun) has received a weighted-average 
dumping margin which is not zero, de minimis, or based entirely on 
facts available. Therefore, in accordance with section 735(c)(5)(A) of 
the Act, we have assigned Goldsun's calculated weighted-average dumping 
margin (i.e., 36.51 percent) to the non-examined separate rate 
respondents.
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    \14\ See section 735(c)(5)(B) of the Act.
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Combination Rates

    Consistent with the Preliminary Determination and Policy Bulletin 
05.1,\15\ Commerce calculated combination rates for Goldsun and three 
other companies eligible for a separate rate.
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    \15\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available 
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:
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    \16\ Dong Sung is sometimes translated as one word ``Dongsung.''
    \17\ Id.

------------------------------------------------------------------------
                                                        Weighted-average
           Exporter                    Producer          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Goldsun Packaging and Printing  Goldsun Packaging and              36.51
 Joint Stock Company.            Printing Joint Stock
                                 Company.
Dong Sung Printing Co., Ltd     Dong Sung Vina                     36.51
 \16\.                           Printing Co., Ltd
                                 \17\.
Khang Thanh Manufacturing       Khang Thanh                        36.51
 Company Limited.                Manufacturing
                                 Company Limited.
Vietnam Red Star Industry       Vietnam Red Star                   36.51
 Company Limited.                Industry Company
                                 Limited.
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                 Vietnam-Wide Entity                             * 92.34
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* 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)(4) of the Act, because Commerce 
continues to find that critical circumstances exist, we will instruct 
U.S. Customs and Border Protection (CBP) to continue to suspend 
liquidation of subject merchandise, as described in Appendix I of this 
notice, entered, or withdrawn from warehouse, for consumption, on or 
after October 5, 2023, which is 90 days prior to the date of the date 
of publication of the affirmative Preliminary Determination in the 
Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit equal to the 
amount by which the normal value exceeds the U.S. price as follows: (1) 
the cash deposit rate for the exporter/producer combination listed in 
the table above will be the rate identified in the table; (2) for all 
combinations of Vietnamese exporters/producers of subject merchandise 
that have not received their own separate rate above, the cash deposit 
rate will be the cash deposit rate established for the Vietnam-wide 
entity; and (3) for all non-Vietnamese exporters of subject merchandise 
which have not received their own separate rate above, the cash deposit 
rate will be the cash deposit rate applicable to the Vietnamese 
exporter/producer combination that supplied that non-Vietnamese 
exporter. These suspension of liquidation instructions will remain in 
effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its 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 Vietnam 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 in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice serves as the final reminder to parties subject to an

[[Page 45841]]

administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.

Notification to Interested Parties

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

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

Appendix I

Scope of the Investigation

    The products within the scope of this investigation are paper 
shopping bags with handles of any type, regardless of whether there 
is any printing, regardless of how the top edges are finished (e.g., 
folded, serrated, or otherwise finished), regardless of color, and 
regardless of whether the top edges contain adhesive or other 
material for sealing closed. Subject paper shopping bags have a 
width of at least 4.5 inches and depth of at least 2.5 inches.
    Paper shopping bags typically are made of kraft paper but can be 
made from any type of cellulose fiber, paperboard, or pressboard 
with a basis weight less than 300 grams per square meter (GSM).
    A non-exhaustive illustrative list of the types of handles on 
shopping bags covered by the scope include handles made from any 
materials such as twisted paper, flat paper, yarn, ribbon, rope, 
string, or plastic, as well as die-cut handles (whether the punchout 
is fully removed or partially attached as a flap).
    Excluded from the scope are:
     Paper sacks or bags that are of a \1/6\ or \1/7\ barrel 
size (i.e., 11.5-12.5 inches in width, 6.5-7.5 inches in depth, and 
13.5-17.5 inches in height) with flat paper handles or die-cut 
handles;
     Paper sacks or bags with die-cut handles, a grams per 
square meter paper weight of less than 86 GSM, and a height of less 
than 11.5 inches; and
     Paper sacks or bags (i) with non-paper handles made 
wholly of woven ribbon or other similar woven fabric \18\ and (ii) 
that are finished with folded tops or for which tied knots or t-bar 
aglets (made of wood, metal, or plastic) are used to secure the 
handles to the bags.
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    \18\ Paper sacks or bags with handles made of braided or twisted 
materials, such as rope or cord, do not qualify for this exclusion.
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    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 From the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether To Use the Philippines as the Surrogate 
Country
    Comment 2: Whether To Recalculate the Financial Ratios
    Comment 3: Whether To Adjust the Ocean Freight Surrogate Value
    Comment 4: Whether To Use Brokerage and Handling for Export
    Comment 5: Whether To Use Harmonized System Subheading 3919.20 
for the Label Input
    Comment 6: Whether To Correct Programming Errors Related to 
Units of Measure and Certain Expenses
    Comment 7: Whether To Make a Negative Critical Circumstances 
Determination
    Comment 8: Whether To Use Post-Verification Sales and Factors of 
Production (FOP) Databases
V. Recommendation

[FR Doc. 2024-11485 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-DS-P