Certain Paper Shopping Bags From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part, 46363-46365 [2024-11779]

Download as PDF Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Notices determines that revocation of the Order would be likely to lead to the continuation or recurrence of dumping and that the magnitude of the dumping margins likely to prevail would be up to 188.05 percent. Administrative Protective Order This notice serves as the only reminder to interested parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: May 22, 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins of Dumping Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Cambodia 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 29, 2024. FOR FURTHER INFORMATION CONTACT: Charles Doss or Kyle Clahane, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4474 or (202) 482–1168, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: Background On January 3, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of paper bags from Cambodia, in which we also postponed the final determination until May 17, 2024.1 We invited interested parties to comment on the Preliminary Determination. 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.2 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 products covered by this investigation are paper bags from Cambodia. For a complete description of the scope of this investigation, see Appendix I. [FR Doc. 2024–11780 Filed 5–28–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration 1 See lotter on DSK11XQN23PROD with NOTICES1 [A–555–002] Certain Paper Shopping Bags From Cambodia: 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. AGENCY: VerDate Sep<11>2014 18:05 May 28, 2024 Jkt 262001 Certain Paper Shopping Bags from Cambodia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 325 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain Paper Shopping Bags from Cambodia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 46363 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 interested parties on the Preliminary Scope Decision Memorandum, which we addressed 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. Final Affirmative Determination of Critical Circumstances, in Part We continue find that that critical circumstances do not exist with respect to imports of paper bags from Cambodia for Nice Packaging (Cambodia) Co., Ltd. (Nice), UUPak, and all other producers and exporters, but do exist with respect to imports of paper bags from Pan Pacific. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. 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 Nice Packaging (Cambodia) Co., Ltd. (Nice) for use in our final determination.5 In addition, Commerce was unable to conduct an on-site verification of the information relied upon in making its final determination with respect to UUPak Company Limited (UUPak). However, from February 21 through 22, 2024, we took additional steps, in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act, by conducting virtual verification of UUPak.6 3 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated March 11, 2024 (Final Scope Decision Memorandum). 5 See Memoranda, ‘‘Verification of Nice Packaging (Cambodia) Co., Ltd. Sales Responses,’’ dated March 26, 2024; and ‘‘Verification of the Cost Response of Nice Packing (Cambodia) Co., Ltd. in the Antidumping Duty Investigation of Paper Shopping Bags from Cambodia,’’ dated March 28, 2024. 6 See Memorandum, ‘‘Verification of the Questionnaire Responses of UUPak Company Limited,’’ dated March 15, 2024. E:\FR\FM\29MYN1.SGM 29MYN1 46364 Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Notices 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. estimated weighted-average dumping margin calculated for Nice is the margin assigned to UUPak and 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 Nice since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.7 Weightedaverage dumping margin (percent) Use of Adverse Facts Available (AFA) As discussed in the Preliminary Determination, Commerce assigned to Pan Pacific Plastics Manufacturing, Inc. (Pan Pacific) an estimated weightedaverage dumping margin on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act.8 For the reasons explained in the Issues and Decision Memorandum, and consistent with Commerce’s practice, as AFA, we assigned Pan Pacific the highest corroborated dumping margin alleged in the petition.9 lotter on DSK11XQN23PROD with NOTICES1 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 individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Nice. As explained in the Preliminary Determination PDM, Commerce continues to determine that, under section 772(a) of the Act, UUPak did not have any reviewable sales during the POI and, as such, has not calculated a final margin for UUPak.10 As a result, because we have only calculated one margin and that margin is not zero, de minimis, or based entirely on facts otherwise available, the 7 See Memorandum, ‘‘Nice Packaging (Cambodia) Co. Ltd. Final Analysis Memorandum,’’ dated concurrently with this notice (Nice’s Final Sales Analysis Memorandum). 8 See Preliminary Determination, 89 FR at 325. 9 See Preliminary Determination PDM at 6–8. 10 See Preliminary Determination PDM at, ‘‘Treatment of UUPak’s Sales.’’ Our treatment of UUPak remains unchanged for purposes of this final determination. VerDate Sep<11>2014 18:05 May 28, 2024 Jkt 262001 Final Determination The final estimated weighted-average dumping margins are as follows: Producer/exporter final determination; (2) if the exporter is not the respondent identified above but the producer is, then the cash deposit rate will be equal to the companyspecific estimated weighted-average dumping margin listed for the producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters is 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 7.07 In accordance with section 735(d) of 7.07 the Act, Commerce will notify the U.S. International Trade Commission (ITC) of * 248.81 its final affirmative determination of 7.07 sales at LTFV. Because Commerce’s final determination is affirmative, in * Rate based on AFA. accordance with section 735(b)(2) of the Disclosure Act, the ITC will make its final We intend to disclose the calculations determination as to whether the performed in this final determination domestic industry in the United States within five days of the date of is materially injured, or threatened with publication of this notice in the Federal material injury, by reason of imports or Register in accordance with 19 CFR sales (or the likelihood of sales) for 351.224(b). importation of paper bags from Cambodia no later than 45 days after Continuation of Suspension of this final determination. If the ITC Liquidation determines that such injury does not In accordance with section exist, this proceeding will be 735(c)(1)(B) of the Act, for Nice, UUPak, terminated, all cash deposits posted will and all-other producers/exporters, be refunded, and suspension of Commerce will instruct U.S. Customs liquidation will be lifted. If the ITC and Border Protection (CBP) to continue determines that such injury does exist, to suspend liquidation of subject Commerce will issue an antidumping merchandise as described in Appendix duty order directing CBP to assess, upon I of this notice, which were entered, or further instruction by Commerce, withdrawn from warehouse, for antidumping duties on all imports of the consumption, on or after January 3, subject merchandise entered, or 2024, the date of publication in the withdrawn from warehouse, for Federal Register of the Preliminary consumption on or after the effective Determination. date of the suspension of liquidation, as In accordance with section 735(c)(4) discussed in the ‘‘Continuation of of the Act, because Commerce continues Suspension of Liquidation’’ section to find that critical circumstances exist above. for Pan Pacific, we will instruct CBP to Administrative Protective Order continue to suspend liquidation of all entries of subject merchandise, as This notice will serve as the final described in Appendix I to this notice, reminder to parties subject to an which were entered, or withdrawn from administrative protective order (APO) of warehouse for consumption on or after their responsibility concerning the October 5, 2023, which is 90 days before destruction of proprietary information the publication of the Preliminary disclosed under APO in accordance Determination in the Federal Register, with 19 CFR 351.305(a)(3). Timely at the cash deposit rate indicated above. written notification of the return or Pursuant to section 735(c)(1)(B)(ii) of destruction of APO materials or the Act and 19 CFR 351.210(d), upon conversion to judicial protective order is the publication of this notice, we will hereby requested. Failure to comply instruct CBP to require a cash deposit with the regulations and the terms of an for estimated antidumping duties for APO is a violation which is subject to such entries as follows: (1) the cash sanction. deposit rate for each respondent listed Notification to Interested Parties above will be equal to the companyspecific estimated weighted-average This determination and this notice are dumping margin determined in this issued and published pursuant to Nice Packaging (Cambodia) Co., Ltd ........................................... UUPak Company Limited ........... Pan Pacific Plastics Manufacturing, Inc ................................ All Others .................................... PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\29MYN1.SGM 29MYN1 46365 Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Notices 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 11 and (ii) that are finished with folded tops or for which tied knots or t-bar aglets (made of wood, metal, or plastic) are used to secure the handles to the bags. The above-referenced dimensions are provided for paper bags in the opened position. The height of the bag is the distance from the bottom fold edge to the top edge (i.e., excluding the height of handles that extend above the top edge). The depth of the bag is the distance from the front of the bag edge to the back of the bag edge (typically measured at the bottom of the bag). The width of the bag is measured from the left to the right edges of the front and back panels (upon which the handles typically are located). This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope is dispositive. The U.S. Department of Commerce (Commerce) determines that the two exporters subject to this review, Saha Thai Steel Pipe Public Co., Ltd. (Saha Thai) and Thai Premium Pipe Co. Ltd. (TPP), did not make sales of subject merchandise at less than normal value during the period of review (POR) March 1, 2022, through February 28, 2023. SUMMARY: DATES: Applicable May 29, 2024. FOR FURTHER INFORMATION CONTACT: Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Affirmative Determination of Critical Circumstances, In Part IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Whether Commerce’s Application of the Adverse Facts Available Rate to Pan Pacific is Unreasonable Comment 2: Whether Commerce Should Clarify the Scope Comment 3: Whether Commerce Should Alter Its Application of Constructed Value Comment 4: Whether Commerce Should Continue to Adjust Nice’s Cost of Production Comment 5: Whether Commerce Should Make Changes to Nice’s Final Margin Calculations VI. Recommendation [FR Doc. 2024–11779 Filed 5–28–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–502] Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0410. SUPPLEMENTARY INFORMATION: Background On March 6, 2024, Commerce published the preliminary results of the 2022–2023 administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes (CWP) from Thailand in the Federal Register and invited interested parties to comment.1 We received no comments from interested parties on the Preliminary Results, and we have made no changes to the Preliminary Results. Accordingly, no decision memorandum accompanies this Federal Register notice. The Preliminary Results are hereby adopted in these final results. Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by this order are circular welded carbon steel pipes and tubes from Thailand. For a complete description of the scope of the order, see the Preliminary Results.2 Final Results of Review We determine that the following weighted-average dumping margin exists for the period March 1, 2022, through February 28, 2023: Weightedaverage dumping margin (percent) lotter on DSK11XQN23PROD with NOTICES1 Producer/exporter Saha Thai Steel Pipe Public Co., Ltd. (also known as Saha Thai Steel Pipe (Public) Company, Ltd.) .................................................. Thai Premium Pipe Co. Ltd ....................................................................................................................................................................... 11 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. VerDate Sep<11>2014 18:05 May 28, 2024 Jkt 262001 1 See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022–2023, 89 FR 15971 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 0.00 0.00 (March 6, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 Id. E:\FR\FM\29MYN1.SGM 29MYN1

Agencies

[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Notices]
[Pages 46363-46365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11779]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-555-002]


Certain Paper Shopping Bags From Cambodia: 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 Cambodia 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 29, 2024.

FOR FURTHER INFORMATION CONTACT: Charles Doss or Kyle Clahane, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4474 or (202) 482-1168, 
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 Cambodia, in which we also postponed the final 
determination until May 17, 2024.\1\ We invited interested parties to 
comment on the Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Certain Paper Shopping Bags from Cambodia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, Postponement of Final Determination, and Extension of 
Provisional Measures, 89 FR 325 (January 3, 2024) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
---------------------------------------------------------------------------

    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.\2\ 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.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Paper Shopping Bags from Cambodia,'' 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 
Cambodia. 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 interested parties on the 
Preliminary Scope Decision Memorandum, which we addressed 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.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated December 27, 2023 (Preliminary Scope Decision Memorandum).
    \4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
March 11, 2024 (Final Scope Decision Memorandum).
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances, in Part

    We continue find that that critical circumstances do not exist with 
respect to imports of paper bags from Cambodia for Nice Packaging 
(Cambodia) Co., Ltd. (Nice), UUPak, and all other producers and 
exporters, but do exist with respect to imports of paper bags from Pan 
Pacific. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Issues and Decision 
Memorandum.

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 Nice Packaging (Cambodia) Co., Ltd. (Nice) for use in our 
final determination.\5\ In addition, Commerce was unable to conduct an 
on-site verification of the information relied upon in making its final 
determination with respect to UUPak Company Limited (UUPak). However, 
from February 21 through 22, 2024, we took additional steps, in lieu of 
an on-site verification to verify the information relied upon in making 
this final determination, in accordance with section 782(i) of the Act, 
by conducting virtual verification of UUPak.\6\
---------------------------------------------------------------------------

    \5\ See Memoranda, ``Verification of Nice Packaging (Cambodia) 
Co., Ltd. Sales Responses,'' dated March 26, 2024; and 
``Verification of the Cost Response of Nice Packing (Cambodia) Co., 
Ltd. in the Antidumping Duty Investigation of Paper Shopping Bags 
from Cambodia,'' dated March 28, 2024.
    \6\ See Memorandum, ``Verification of the Questionnaire 
Responses of UUPak Company Limited,'' dated March 15, 2024.

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[[Page 46364]]

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 Nice 
since the Preliminary Determination. For a discussion of these changes, 
see the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Nice Packaging (Cambodia) Co. Ltd. Final 
Analysis Memorandum,'' dated concurrently with this notice (Nice's 
Final Sales Analysis Memorandum).
---------------------------------------------------------------------------

Use of Adverse Facts Available (AFA)

    As discussed in the Preliminary Determination, Commerce assigned to 
Pan Pacific Plastics Manufacturing, Inc. (Pan Pacific) an estimated 
weighted-average dumping margin on the basis of adverse facts available 
(AFA), pursuant to sections 776(a) and (b) of the Act.\8\ For the 
reasons explained in the Issues and Decision Memorandum, and consistent 
with Commerce's practice, as AFA, we assigned Pan Pacific the highest 
corroborated dumping margin alleged in the petition.\9\
---------------------------------------------------------------------------

    \8\ See Preliminary Determination, 89 FR at 325.
    \9\ See Preliminary Determination PDM at 6-8.
---------------------------------------------------------------------------

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 
individually investigated exporters and producers, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Nice. As explained in the Preliminary Determination 
PDM, Commerce continues to determine that, under section 772(a) of the 
Act, UUPak did not have any reviewable sales during the POI and, as 
such, has not calculated a final margin for UUPak.\10\ As a result, 
because we have only calculated one margin and that margin is not zero, 
de minimis, or based entirely on facts otherwise available, the 
estimated weighted-average dumping margin calculated for Nice is the 
margin assigned to UUPak and all other producers and exporters, 
pursuant to section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    \10\ See Preliminary Determination PDM at, ``Treatment of 
UUPak's Sales.'' Our treatment of UUPak remains unchanged for 
purposes of this final determination.
---------------------------------------------------------------------------

Final Determination

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Nice Packaging (Cambodia) Co., Ltd..........................        7.07
UUPak Company Limited.......................................        7.07
Pan Pacific Plastics Manufacturing, Inc.....................    * 248.81
All Others..................................................        7.07
------------------------------------------------------------------------
* 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, for Nice, 
UUPak, and all-other producers/exporters, Commerce 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, which 
were entered, or withdrawn from warehouse, for consumption, on or after 
January 3, 2024, the date of publication in the Federal Register of the 
Preliminary Determination.
    In accordance with section 735(c)(4) of the Act, because Commerce 
continues to find that critical circumstances exist for Pan Pacific, we 
will instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise, as described in Appendix I to this notice, which 
were entered, or withdrawn from warehouse for consumption on or after 
October 5, 2023, which is 90 days before the publication of the 
Preliminary Determination in the Federal Register, at the cash deposit 
rate indicated above.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, we will instruct CBP 
to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) the cash deposit rate for each respondent 
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 the respondent identified above but the producer 
is, then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin listed for the producer of 
the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters is 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 
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 or sales (or the likelihood of 
sales) for importation of paper bags from Cambodia no later than 45 
days after this final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated, all cash 
deposits posted will be refunded, 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 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 above.

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 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 determination and this notice are issued and published 
pursuant to

[[Page 46365]]

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 \11\ 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.
---------------------------------------------------------------------------

    \11\ Paper sacks or bags with handles made of braided or twisted 
materials, such as rope or cord, do not qualify for this exclusion.
---------------------------------------------------------------------------

    The above-referenced dimensions are provided for paper bags in 
the opened position. The height of the bag is the distance from the 
bottom fold edge to the top edge (i.e., excluding the height of 
handles that extend above the top edge). The depth of the bag is the 
distance from the front of the bag edge to the back of the bag edge 
(typically measured at the bottom of the bag). The width of the bag 
is measured from the left to the right edges of the front and back 
panels (upon which the handles typically are located).
    This merchandise is currently classifiable under Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 
4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided 
for convenience and customs purposes only; the written description 
of the scope is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, In 
Part
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Whether Commerce's Application of the Adverse Facts 
Available Rate to Pan Pacific is Unreasonable
    Comment 2: Whether Commerce Should Clarify the Scope
    Comment 3: Whether Commerce Should Alter Its Application of 
Constructed Value
    Comment 4: Whether Commerce Should Continue to Adjust Nice's 
Cost of Production
    Comment 5: Whether Commerce Should Make Changes to Nice's Final 
Margin Calculations
VI. Recommendation

[FR Doc. 2024-11779 Filed 5-28-24; 8:45 am]
BILLING CODE 3510-DS-P
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