Certain Paper Shopping Bags From the People's Republic of China and India: Countervailing Duty Orders, 58331-58333 [2024-15747]
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Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices
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[FR Doc. 2024–15755 Filed 7–17–24; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
Economic Development Administration
Notice of National Advisory Council on
Innovation and Entrepreneurship
Meeting
Economic Development
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
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The National Advisory
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DATES: August 1, 2024, 2 p.m.–3 p.m.
eastern time (ET).
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SUMMARY:
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16:47 Jul 17, 2024
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ADDRESSES:
PO 00000
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58331
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Dated: July 12, 2024.
Eric Smith,
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[FR Doc. 2024–15753 Filed 7–17–24; 8:45 am]
BILLING CODE 3510–24–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–153, C–533–918]
Certain Paper Shopping Bags From the
People’s Republic of China and India:
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing countervailing
duty orders on certain paper shopping
bags (paper bags) from the People’s
Republic of China (China) and India.
DATES: Applicable July 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak (China) or Paul Kebker
(India), AD/CVD Operations, Offices IX
and IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3642
and (202) 482–2254, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on May 24, 2024, Commerce
published its affirmative final
determinations that countervailable
subsidies are being provided to
producers and exporters of paper bags
from China and India.1 On July 5, 2024,
the ITC notified Commerce of its final
1 See Certain Paper Shopping Bags from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination and Final
Affirmative Determination of Critical
Circumstances, 89 FR 45829 (May 24, 2024); see
also Certain Paper Shopping Bags from India: Final
Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances
Determination, in part, 89 FR 45834 (May 24, 2024).
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Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices
affirmative determinations that an
industry in the United States is
materially injured by reason of
subsidized imports of paper bags from
China and India, within the meaning of
section 705(b)(1)(A)(i) of the Act.2
Further, the ITC determined that critical
circumstances do not exist with respect
to imports of paper bags from China and
India.
Scope of the Orders
The products covered by these orders
are paper bags from China and India.
For a complete description of the scope
of the orders, see the appendix to this
notice.
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Orders
As stated above, on July 5, 2024, the
ITC notified Commerce of its final
determinations that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
subsidized imports of paper bags from
China and India. Therefore, in
accordance with section 705(c)(2) of the
Act, Commerce is issuing these
countervailing duty orders. Moreover,
because the ITC determined that
imports of paper bags from China and
India are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from China and India,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce intends to
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce,
countervailing duties on unliquidated
entries of paper bags from China and
India entered, or withdrawn from
warehouse, for consumption on or after
November 6, 2023, the date of the
publication of the Preliminary
Determinations,3 but will not include
entries occurring after the expiration of
the provisional measures and before the
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated July 5, 2024; see also Paper
Shopping Bags from Cambodia, China, Colombia,
India, Malaysia, Portugal, Taiwan, and Vietnam, 89
FR 56776 (July 10, 2024).
3 See Certain Paper Shopping Bags from the
People’s Republic of China: Preliminary Affirmative
Determination of Countervailable Subsidies,
Preliminary Affirmative Determination of Critical
Circumstances, and Alignment of Final
Determination with Final Antidumping Duty
Determination, 88 FR 76180 (November 6, 2023);
see also Certain Paper Shopping Bags from India:
Preliminary Affirmative Determination of
Countervailable Subsidies, Preliminary Affirmative
Determination of Critical Circumstances in Part,
and Alignment of Final Determination with the
Final Antidumping Duty Determination, 88 FR
76185 (November 6, 2023) (collectively, Preliminary
Determinations).
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16:47 Jul 17, 2024
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publication in the Federal Register of
the ITC’s final injury determination
under section 705(b) of the Act, as
further described in the ‘‘Provisional
Measures’’ section of this notice.
INDIA
Exporter/producer
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce intends to instruct CBP
to reinstitute the suspension of
liquidation on all entries of paper bags
from China and India, effective on the
date of publication of the ITC’s final
affirmative injury determination in the
Federal Register, and to assess, upon
further instruction by Commerce,
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
subject merchandise in an amount based
on the net countervailable subsidy rates
below. On or after the date of
publication of the ITC’s final affirmative
injury determination in the Federal
Register, we will also instruct CBP to
require cash deposits on entries of
subject merchandise as indicated below.
These instructions suspending
liquidation will remain in effect until
further notice. The all-others rate
applies to all producers or exporters not
specifically listed below, as appropriate.
Estimated Countervailable Subsidy
Rates
The estimated countervailable
subsidy rates are as follows:
CHINA
Exporter/producer
Bagitan Packaging ......................
Changzhou Anjucheng ...............
Courage Packaging ....................
Dongzheng PaperBag (DaLian)
Factory ....................................
Evertrust Packaging ...................
Fujian Nanwang Environment
Protection Scien-tech Co.,
Ltd. 4 ........................................
Geotegrity EcoPack ....................
GrandIntelligent ..........................
Li & Fung ....................................
Qingdao Chenyu Packaging Co.,
Ltd. ..........................................
Shanghai Macolink Supply Chain
Management Co., Ltd. ............
Shanghai Sanxi Paper Co., Ltd.
Xiamen C&D Pulp & Paper Co.,
Ltd ...........................................
Xiamen Champion FMCG ..........
Xiamen New Idea Packaging
Co., Ltd. ..................................
Xiamen Wonderful Bag Import
and Export Co., Ltd. ................
All Others ....................................
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Subsidy
rate
(percent
ad
valorem)
172.36
172.36
172.36
40.76
172.36
42.36
172.36
172.36
172.36
172.36
172.36
172.36
172.36
172.36
172.36
172.36
41.46
Aeroplast Packaging Solution
Private Limited 5 ......................
Velvin Paper Products 6 ..............
All Others ....................................
Subsidy
rate
(percent
ad valorem)
4.81
2.38
3.39
Provisional Measures 4 5 6
Section 703(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary
determination may not remain in effect
for more than four months. Commerce
published the Preliminary
Determinations on November 6, 2023.7
As such, the four-month period
beginning on the date of the publication
of the Preliminary Determinations
ended on March 4, 2024.
Therefore, in accordance with section
703(d) of the Act, we instructed CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
countervailing duties, unliquidated
entries of paper bags from China and
India entered, or withdrawn from
warehouse, for consumption, on or after
March 5, 2024, the date on which the
provisional measures expired, until and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Suspension of liquidation and the
collection of cash deposits will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
Critical Circumstances
Regarding the ITC’s negative critical
circumstances determination on imports
of paper bags from China and India, we
intend to instruct CBP to lift suspension
and to refund any cash deposits made
to secure the payment of estimated
countervailing duties with respect to
entries of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after August 8,
2023 (i.e., 90 days prior to the date of
the publication of the Preliminary
4 Fujian Nanwang is cross-owned with the
following companies: Zhuhai Zhongyue Paper Cup
Container Co., Ltd.; Anhui Nanwang Environmental
Protection Technology Co., Ltd.; Xianghe Nanwang
Environmental Protection Technology Co., Ltd.; and
Hubei Nanwang Environmental Protection
Technology Co., Ltd.
5 Aeroplast Packaging Solution Private Limited is
cross-owned with the following companies: Aero
Business Solutions Private Limited; and Aero Plast
Limited.
6 Velvin Paper Products is cross-owned with
Velvin Packaging Solutions Private Limited.
7 See Preliminary Determinations.
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Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices
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Determinations), but before November 6, included on the annual inquiry service
2023 (i.e., the date of publication of the
list. Commerce will finalize the annual
Preliminary Determinations).
inquiry service list within five business
days thereafter. As mentioned in the
Establishment of the Annual Inquiry
Procedural Guidance,11 the new annual
Service Lists
inquiry service list will be in place until
On September 20, 2021, Commerce
the following year, when the
published the Final Rule in the Federal
Opportunity Notice for the anniversary
8
Register. On September 27, 2021,
month of the order is published.
Commerce also published the
Commerce may update an annual
Procedural Guidance in the Federal
Register.9 The Final Rule and Procedural inquiry service list at any time as
needed based on interested parties’
Guidance provide that Commerce will
amendments to their entries of
maintain an annual inquiry service list
appearance to remove or otherwise
for each order or suspended
modify their list of members and
investigation, and any interested party
submitting a scope ruling application or representatives, or to update contact
request for circumvention inquiry shall
information. Any changes or
serve a copy of the application or
announcements pertaining to these
request on the persons on the annual
procedures will be posted to the
inquiry service list for that order, as
ACCESS website.
well as any companion order covering
Special Instructions for Petitioners and
the same merchandise from the same
Foreign Governments
country of origin.
In accordance with the Procedural
In the Final Rule, Commerce stated
Guidance, for orders published in the
that, ‘‘after an initial request and
Federal Register after November 4,
placement on the annual inquiry service
2021, Commerce will create an annual
list, both petitioners and foreign
inquiry service list segment in
governments will automatically be
Commerce’s online e-filing and
placed on the annual inquiry service list
document management system,
in the years that follow.’’ 12
Antidumping and Countervailing Duty
Accordingly, as stated above, the
Electronic Service System (ACCESS),
petitioner and the Governments of
available at https://access.trade.gov,
within five business days of publication China and India should submit their
initial entries of appearance after
of the notice of the order. Each annual
publication of this notice in order to
inquiry service list will be saved in
appear in the first annual inquiry
ACCESS, under each case number, and
under a specific segment type called
service lists for these orders. Pursuant to
‘‘AISL-Annual Inquiry Service List.’’ 10
19 CFR 351.225(n)(3), the petitioner and
Interested parties who wish to be
the Governments of China and India
added to the annual inquiry service list
will not need to resubmit their entries
for an order must submit an entry of
of appearance each year to continue to
appearance to the annual inquiry
be included on the annual inquiry
service list segment for the order in
service list. However, the petitioner and
ACCESS within 30 days after the date of the Governments of China and India are
publication of the order. For ease of
responsible for making amendments to
administration, Commerce requests that their entries of appearance during the
law firms with more than one attorney
annual update to the annual inquiry
representing interested parties in an
service list in accordance with the
order designate a lead attorney to be
procedures described above.
8 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
9 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
10 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
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16:47 Jul 17, 2024
Jkt 262001
Notification to Interested Parties
This notice constitutes the
countervailing duty orders with respect
to paper bags from China and India
pursuant to section 706(d) of the Act.
Interested parties can find a list of
countervailing duty orders at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are issued and published
in accordance with section 706(a) and
19 CFR 351.211(b).
PO 00000
11 See
12 See
Procedural Guidance, 86 FR 53206.
Final Rule, 86 FR 52335.
Frm 00007
Fmt 4703
Sfmt 4703
58333
Dated: July 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Orders
The products within the scope of these
orders 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
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.
[FR Doc. 2024–15747 Filed 7–17–24; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Notices]
[Pages 58331-58333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15747]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-153, C-533-918]
Certain Paper Shopping Bags From the People's Republic of China
and India: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing countervailing duty orders on
certain paper shopping bags (paper bags) from the People's Republic of
China (China) and India.
DATES: Applicable July 18, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Copyak (China) or Paul Kebker
(India), AD/CVD Operations, Offices IX and IV, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-3642 and (202) 482-2254, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on May 24, 2024, Commerce published its affirmative
final determinations that countervailable subsidies are being provided
to producers and exporters of paper bags from China and India.\1\ On
July 5, 2024, the ITC notified Commerce of its final
[[Page 58332]]
affirmative determinations that an industry in the United States is
materially injured by reason of subsidized imports of paper bags from
China and India, within the meaning of section 705(b)(1)(A)(i) of the
Act.\2\ Further, the ITC determined that critical circumstances do not
exist with respect to imports of paper bags from China and India.
---------------------------------------------------------------------------
\1\ See Certain Paper Shopping Bags from the People's Republic
of China: Final Affirmative Countervailing Duty Determination and
Final Affirmative Determination of Critical Circumstances, 89 FR
45829 (May 24, 2024); see also Certain Paper Shopping Bags from
India: Final Affirmative Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination, in part, 89 FR
45834 (May 24, 2024).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated July 5, 2024; see also Paper Shopping Bags
from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan,
and Vietnam, 89 FR 56776 (July 10, 2024).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are paper bags from China and
India. For a complete description of the scope of the orders, see the
appendix to this notice.
Orders
As stated above, on July 5, 2024, the ITC notified Commerce of its
final determinations that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of paper bags from China and India.
Therefore, in accordance with section 705(c)(2) of the Act, Commerce is
issuing these countervailing duty orders. Moreover, because the ITC
determined that imports of paper bags from China and India are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China and India, entered or withdrawn from warehouse
for consumption, are subject to the assessment of countervailing
duties.
Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct U.S. Customs and Border Protection (CBP) to assess,
upon further instruction by Commerce, countervailing duties on
unliquidated entries of paper bags from China and India entered, or
withdrawn from warehouse, for consumption on or after November 6, 2023,
the date of the publication of the Preliminary Determinations,\3\ but
will not include entries occurring after the expiration of the
provisional measures and before the publication in the Federal Register
of the ITC's final injury determination under section 705(b) of the
Act, as further described in the ``Provisional Measures'' section of
this notice.
---------------------------------------------------------------------------
\3\ See Certain Paper Shopping Bags from the People's Republic
of China: Preliminary Affirmative Determination of Countervailable
Subsidies, Preliminary Affirmative Determination of Critical
Circumstances, and Alignment of Final Determination with Final
Antidumping Duty Determination, 88 FR 76180 (November 6, 2023); see
also Certain Paper Shopping Bags from India: Preliminary Affirmative
Determination of Countervailable Subsidies, Preliminary Affirmative
Determination of Critical Circumstances in Part, and Alignment of
Final Determination with the Final Antidumping Duty Determination,
88 FR 76185 (November 6, 2023) (collectively, Preliminary
Determinations).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation on all
entries of paper bags from China and India, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, and to assess, upon further instruction by Commerce,
pursuant to section 706(a)(1) of the Act, countervailing duties for
each entry of subject merchandise in an amount based on the net
countervailable subsidy rates below. On or after the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, we will also instruct CBP to require cash deposits on
entries of subject merchandise as indicated below. These instructions
suspending liquidation will remain in effect until further notice. The
all-others rate applies to all producers or exporters not specifically
listed below, as appropriate.
Estimated Countervailable Subsidy Rates
The estimated countervailable subsidy rates are as follows:
China
------------------------------------------------------------------------
Subsidy
rate
Exporter/producer (percent
ad
valorem)
------------------------------------------------------------------------
Bagitan Packaging........................................... 172.36
Changzhou Anjucheng......................................... 172.36
Courage Packaging........................................... 172.36
Dongzheng PaperBag (DaLian) Factory......................... 40.76
Evertrust Packaging......................................... 172.36
Fujian Nanwang Environment Protection Scien-tech Co., Ltd. 42.36
\4\........................................................
Geotegrity EcoPack.......................................... 172.36
GrandIntelligent............................................ 172.36
Li & Fung................................................... 172.36
Qingdao Chenyu Packaging Co., Ltd........................... 172.36
Shanghai Macolink Supply Chain Management Co., Ltd.......... 172.36
Shanghai Sanxi Paper Co., Ltd............................... 172.36
Xiamen C&D Pulp & Paper Co., Ltd............................ 172.36
Xiamen Champion FMCG........................................ 172.36
Xiamen New Idea Packaging Co., Ltd.......................... 172.36
Xiamen Wonderful Bag Import and Export Co., Ltd............. 172.36
All Others.................................................. 41.46
------------------------------------------------------------------------
India
------------------------------------------------------------------------
Subsidy
rate
Exporter/producer (percent
ad
valorem)
------------------------------------------------------------------------
Aeroplast Packaging Solution Private Limited \5\............ 4.81
Velvin Paper Products \6\................................... 2.38
All Others.................................................. 3.39
------------------------------------------------------------------------
Provisional Measures 4 5 6
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\4\ Fujian Nanwang is cross-owned with the following companies:
Zhuhai Zhongyue Paper Cup Container Co., Ltd.; Anhui Nanwang
Environmental Protection Technology Co., Ltd.; Xianghe Nanwang
Environmental Protection Technology Co., Ltd.; and Hubei Nanwang
Environmental Protection Technology Co., Ltd.
\5\ Aeroplast Packaging Solution Private Limited is cross-owned
with the following companies: Aero Business Solutions Private
Limited; and Aero Plast Limited.
\6\ Velvin Paper Products is cross-owned with Velvin Packaging
Solutions Private Limited.
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Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the Preliminary
Determinations on November 6, 2023.\7\ As such, the four-month period
beginning on the date of the publication of the Preliminary
Determinations ended on March 4, 2024.
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\7\ See Preliminary Determinations.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of paper bags from China and India entered, or withdrawn from
warehouse, for consumption, on or after March 5, 2024, the date on
which the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Critical Circumstances
Regarding the ITC's negative critical circumstances determination
on imports of paper bags from China and India, we intend to instruct
CBP to lift suspension and to refund any cash deposits made to secure
the payment of estimated countervailing duties with respect to entries
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after August 8, 2023 (i.e., 90 days prior to the date
of the publication of the Preliminary
[[Page 58333]]
Determinations), but before November 6, 2023 (i.e., the date of
publication of the Preliminary Determinations).
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\8\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\9\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \10\
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\10\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\11\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\11\ See Procedural Guidance, 86 FR 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \12\ Accordingly, as stated
above, the petitioner and the Governments of China and India should
submit their initial entries of appearance after publication of this
notice in order to appear in the first annual inquiry service lists for
these orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the
Governments of China and India will not need to resubmit their entries
of appearance each year to continue to be included on the annual
inquiry service list. However, the petitioner and the Governments of
China and India are responsible for making amendments to their entries
of appearance during the annual update to the annual inquiry service
list in accordance with the procedures described above.
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\12\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the countervailing duty orders with respect
to paper bags from China and India pursuant to section 706(d) of the
Act. Interested parties can find a list of countervailing duty orders
at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
706(a) and 19 CFR 351.211(b).
Dated: July 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The products within the scope of these orders 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 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.
[FR Doc. 2024-15747 Filed 7-17-24; 8:45 am]
BILLING CODE 3510-DS-P
