Certain Paper Plates From the Socialist Republic of Vietnam: 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, 72375-72378 [2024-19964]
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices
Application No.: 84–35A12.
Date Deemed Submitted: August 19,
2024.
Proposed Amendment: NFE seeks to
amend its Certificate as follows:
1. Remove the following companies as
Members of the Certificate:
• Blue Star Growers, Inc., Cashmere,
WA
• Columbia Valley Fruit, L.L.C.,
Yakima, WA
• Honey Bear Tree Fruit Co., LLC.,
Yakima, WA
• Oneonta Trading Corp., The Dalles,
OR
• Smith & Nelson, Inc., Tonasket, WA
2. Change the names of the following
Members of the Certificate:
• HoneyBear Growers, LLC (Brewster,
WA) changes to Honeybear Growers,
LLC (Brewster, WA)
3. Change the Export Product
coverage of the following Members of
the Certificate:
• Legacy Fruit Packers LLC changes
Export Product coverage from fresh
apples and fresh pears to fresh apples
(dropping fresh pears).
• Piepel Premium Fruit Packing LLC
changes Export Product coverage from
fresh apples and fresh sweet cherries
to fresh apples (dropping fresh sweet
cherries).
• Honeybear Growers, LLC changes
Export Product coverage from fresh
apples to fresh apples and fresh sweet
cherries (adding fresh sweet cherries).
Northwest Fruit Exporters proposed
amendment of its Certificate would
result in the following Membership list:
1. Allan Bros., Naches, WA
2. AltaFresh L.L.C. dba Chelan Fresh
Marketing, Chelan, WA
3. Apple House Warehouse & Storage,
Inc., Brewster, WA
4. Apple King, L.L.C., Yakima, WA
5. Auvil Fruit Co., Inc. dba Gee Whiz II,
LLC, Orondo, WA
6. Baker Produce, Inc., Kennewick, WA
7. Blue Bird, Inc., Peshastin, WA
8. Borton & Sons, Inc., Yakima, WA
9. Brewster Heights Packing & Orchards,
LP dba Gebbers Farms, Brewster,
WA
10. Chelan Fruit, Chelan, WA
11. Chiawana, Inc. dba Columbia Reach
Pack, Yakima, WA
12. Chuy’s Cherries LLC, Mattawa, WA
13. CMI Orchards LLC, Wenatchee, WA
14. Columbia Fresh Packing LLC,
Kennewick, WA
15. Congdon Packing Co. L.L.C.,
Yakima, WA
16. Cowiche Growers, Inc., Cowiche,
WA
17. CPC International Apple Company,
Tieton, WA
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18. Crane Ranch, Brewster, WA
19. Custom Apple Packers, Inc., Quincy
& Wenatchee, WA
20. Diamond Fruit Growers Inc., Odell,
OR
21. Domex Superfresh Growers LLC,
Yakima, WA
22. Douglas Fruit Company, Inc., Pasco,
WA
23. Dovex Export Company, Wenatchee,
WA
24. Duckwall Fruit, Odell, OR
25. E. Brown & Sons, Inc., MiltonFreewater, OR
26. Evans Fruit Co., Inc., Yakima, WA
27. E.W. Brandt & Sons, Inc., Parker,
WA
28. FirstFruits Farms, LLC, Prescott, WA
29. G&G Orchards, Inc., Yakima, WA
30. Gilbert Orchards, Inc., Yakima, WA
31. Hansen Fruit & Cold Storage Co.,
Inc., Yakima, WA
32. Henggeler Packing Co., Inc.,
Fruitland, ID
33. Honeybear Growers, LLC, Brewster,
WA (for fresh apples and fresh
sweet cherries)
34. Hood River Cherry Company, Hood
River, OR
35. JackAss Mt. Ranch, Pasco, WA
36. Jenks Bros Cold Storage & Packing,
Royal City, WA
37. Kershaw Fruit & Cold Storage, Co.,
Yakima, WA
38. L & M Companies, Union Gap, WA
39. Lateral Roots Farm, LLC, Wapato,
WA
40. Legacy Fruit Packers LLC, Wapato,
WA (for fresh apples only)
41. Manson Growers, Manson, WA
42. Matson Fruit Company, Selah, WA
43. McDougall & Sons, Inc., Wenatchee,
WA
44. Monson Fruit Co., LLC, Selah, WA
45. Morgan’s of Washington dba Double
Diamond Fruit, Quincy, WA
46. New Columbia Fruit Packers, LLC,
Wenatchee, WA
47. Northern Fruit Company, Inc.,
Wenatchee, WA
48. Olympic Fruit Co., Moxee, WA
49. Orchard View Farms, Inc., The
Dalles, OR
50. Pacific Coast Cherry Packers, LLC,
Yakima, WA
51. Piepel Premium Fruit Packing LLC,
East Wenatchee, WA (for fresh
apples only)
52. Pine Canyon Growers LLC, Orondo,
WA
53. Polehn Farms, Inc., The Dalles, OR
54. Price Cold Storage & Packing Co.,
Inc., Yakima, WA
55. Quincy Fresh Fruit Co., Quincy, WA
56. Rainier Fruit Company, Selah, WA
57. River Valley Fruit, LLC, Grandview,
WA
58. Roche Fruit, LLC, Yakima, WA
59. Sage Fruit Company, L.L.C., Yakima,
WA
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60. Stemilt Growers, LLC, Wenatchee,
WA
61. Symms Fruit Ranch, Inc., Caldwell,
ID
62. The Dalles Fruit Company, LLC,
Dallesport, WA
63. Underwood Fruit & Warehouse Co.,
Bingen, WA
64. Valicoff Fruit Company, Inc.,
Wapato, WA
65. Washington Cherry Growers,
Peshastin, WA
66. Washington Fruit & Produce Co.,
Yakima, WA
67. Western Sweet Cherry Group, LLC,
Yakima, WA
68. Whitby Farms, Inc. dba: Farm Boy
Fruit Snacks LLC, Mesa, WA
69. WP Packing LLC, Wapato, WA
70. Yakima Fruit & Cold Storage Co.,
Yakima, WA
71. Zirkle Fruit Company, Selah, WA
Dated: August 29, 2024.
Amanda Reynolds,
Acting Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2024–19898 Filed 9–4–24; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–839]
Certain Paper Plates From the Socialist
Republic of Vietnam: 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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain paper plates
(paper plates) from the Socialist
Republic of Vietnam (Vietnam) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is July 1, 2023, through December
31, 2023. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
DATES:
Applicable September 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen, 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) 482–3683.
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
in the Federal Register on February 26,
2024.1 On June 12, 2024, Commerce
postponed the preliminary
determination of this investigation until
August 22, 2024.2 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for the preliminary
determination is now August 29, 2024.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 Preliminary 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 certain paper plates
from Vietnam. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Because
Vietnam is a non-market economy
country, within the meaning of section
771(18) of the Act,7 Normal value is
calculated in accordance with section
773(c) of the Act. In addition, pursuant
to sections 776(a) and (b) of the Act,
Commerce preliminarily relied upon
facts otherwise available, with adverse
inferences, for the Vietnam-wide entity.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist for the VietnamWide entity but not for Go-Pak Paper
Products Vietnam Co., Ltd. For a full
description of the methodology and
results of Commerce’s analysis, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.9 In
this investigation, we assigned a
producer/exporter combination rate for
Go-Pak Paper Products Vietnam Co.,
Ltd., i.e., the sole respondent eligible for
a separate rate.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter
Producer
Go-Pak Paper Products Vietnam Co., Ltd. ............
Vietnam-Wide Entity ...............................................
Go-Pak Paper Products Vietnam Co., Ltd. ............
.................................................................................
Weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for export subsidy offset)
(percent)
0.00
* 165.27
0.00
159.79
* Rate based on facts available with adverse inferences.
Suspension of Liquidation
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In accordance with section 733(d)(2)
of the Act, for companies included in
the Vietnam-wide entity, Commerce
will direct U.S. Customs and Border
Protection (CBP) to suspend liquidation
of entries of subject merchandise, as
described in Appendix I, entered, or
withdrawn from warehouse, for
1 See Certain Paper Plates from the People’s
Republic of China, Thailand, and the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 89 FR 14046 (February 26,
2024) (Initiation Notice).
2 See Certain Paper Plates from the People’s
Republic of China, Thailand, and the Socialist
Republic of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 89 FR 49833 (June 12, 2024).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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consumption on or after the date which
is 90 days before the date of publication
of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B)
of the Act and 19 CFR 351.205(d),
Commerce will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which normal value
exceeds U.S. price, as indicated in the
table above, as follows: (1) for the
Vietnam-wide entity, the cash deposit
rate is equal to the estimated weightedaverage dumping margin listed in the
table; (2) for all combinations of
Vietnamese producers/exporters of
merchandise under consideration that
have not established eligibility for their
own separate rates, the cash deposit rate
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of Sales
at Less Than Fair Value of Certain Paper Plates from
the Socialist Republic of Vietnam,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 89 FR at 14047.
7 See Raw Honey from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty
Changed Circumstances Review, 89 FR 64411
(August 7, 2024).
8 See Initiation Notice, 89 FR at 14051.
9 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,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://access.trade.gov/Resources/policy/bull051.pdf.
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will be equal to the estimated weightedaverage dumping margin established for
the Vietnam-wide entity; and (3) for all
third-country exporters of merchandise
under consideration not listed in the
table above, the cash deposit rate is the
cash deposit rate applicable to the
Vietnamese producer/exporter
combination that supplied that thirdcountry exporter, or, if the exporter/
producer combination does not have its
own rate, the cash deposit rate will be
the Vietnam-wide rate.
Because the estimated weightedaverage dumping margin for a certain
producer/exporter combination is zero
or de minimis (i.e., less than 0.5
percent), Commerce is directing CBP not
to suspend liquidation of entries of
subject merchandise from that
producer/exporter combination. Entries
of subject merchandise from this
exporter supplied by any other
producer, or from this producer that
supplied any other exporter, or from
third-country exporters that sourced
from the excluded producer/exporter
combination, are not entitled to this
exclusion from suspension of
liquidation and are subject to the
provisional measures at the cash deposit
rate established for the Vietnam-wide
entity.
Should the final estimated weightedaverage dumping margin be zero or de
minimis for the producer/exporter
combination identified above, entries of
merchandise from this producer/
exporter combination will be excluded
from the order. Such exclusion will not
be applicable to merchandise exported
to the United States by any other
producer/exporter combinations or by
third-country exporters that sourced
from the excluded producer/exporter
combination.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, in part, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of:
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered; or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise from the Vietnamwide entity. In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all
unliquidated entries of merchandise
from the Vietnam-wide entity that were
entered, or withdrawn from warehouse,
for consumption on or after the date
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which is 90 days before the publication
of this notice.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). Any
such adjusted rates may be found in the
‘‘Preliminary Determination’’ section’s
chart of estimated weighted-average
dumping margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations and
analysis performed in connection with
this preliminary determination within
five days of its public announcement or,
if there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Consistent with
19 CFR 351.224(e), Commerce will
analyze and, if appropriate, correct any
timely allegations of significant
ministerial errors by amending the
preliminary determination. However,
consistent with 19 CFR 351.224(d),
Commerce will not consider incomplete
allegations that do not address the
significance standard under 19 CFR
351.224(g) following the preliminary
determination. Instead, Commerce will
address such allegations in the final
determination together with issues
raised in the case briefs or other written
comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify
information relied upon in making its
final determination.
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Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the last verification report is issued in
this investigation.10 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case
briefs.11 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.12
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide a public
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public
executive summary for each issue raised
in their briefs.13 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final determination
in this investigation. We request that
interested parties include footnotes for
relevant citations in the public
executive summary of each issue. Note
that Commerce has amended certain of
its requirements pertaining to the
service of documents in 19 CFR
351.303(f).14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice in the
Federal Register. Requests should
contain the party’s name, address, and
telephone number, the number of
10 Case briefs and rebuttal briefs submitted in
response to this preliminary determination should
not include scope-related issues.
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See APO and Service Final Rule.
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participants, whether any participant is
a foreign national, and a list of the
issues to be discussed. If a request for
a hearing is made, Commerce intends to
hold the hearing at a date and time to
be determined. Parties should confirm
the date, time, and location of the
hearing two days before the scheduled
date.
Postponement of Final Determination
and Extension of Provisional Measures
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Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Pursuant to 19 CFR 351.210(e)(2),
Commerce requires that requests by
respondents for postponement of a final
antidumping duty determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On August 22 and 28, 2024, Go-Pak
Paper Products Vietnam Co., Ltd. and
the American Paper Plate Coalition 15
(i.e., the petitioner) requested that
Commerce postpone the final
determination and that the provisional
measures be extended to a period not to
exceed six months, respectively.16 In
accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
15 The members of the Coalition are: AJM
Packaging Corporation; Aspen Product Inc; Dart
Container Corporation; Hoffmaster Group, Inc.;
Huhtamaki Americas, Inc.; and Unique Industries,
Inc.
16 See Go-Pak Paper Products Vietnam Co., Ltd.’s
Letter, ‘‘Request to Extend Final Determination,’’
dated August 22, 2024; and Petitioner’s Letter,
‘‘Request to Postpone the Deadline for Final
Determination,’’ August 28, 2024.
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U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether these imports of certain paper
plates from Vietnam are materially
injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This preliminary determination is
issued and published in accordance
with sections 733(f) and 777(i)(1) of the
Act and 19 CFR 351.205(c).
Dated: August 29, 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 merchandise subject to this
investigation is certain paper plates. Paper
plates subject to this investigation may be cut
from rolls, sheets, or other pieces of paper
and/or paper board. Paper plates subject to
this investigation have a depth up to and
including two (2.0) inches, as measured
vertically from the base to the top of the lip,
or the edge if the plate has no lip. Paper
plates subject to this investigation may be
uncolored, white, colored, or printed. Printed
paper plates subject to this investigation may
have any type of surface finish, and may be
printed by any means with images, text and/
or colors on one or both surfaces. Colored
paper plates subject to this investigation may
be colored by any method, including but not
limited to printing, beater-dyeing, and dipdyeing. Paper plates subject to this
investigation may be produced from paper of
any type (including, but not limited to,
bamboo, straws, bagasse, hemp, kenaf, jute,
sisal, abaca, cotton inters and reeds, or from
non-plant sources, such as synthetic resin
(petroleum)-based resins), may have any
caliper or basis weight, may have any shape
or size, may have one or more than one
section, may be embossed, may have foil or
other substances adhered to their surface,
and/or may be uncoated or coated with any
type of coating.
The paper plates subject to this
investigation remain covered by the scope of
this investigation whether imported alone, or
in any combination of subject and nonsubject merchandise. When paper plates
subject to this investigation are imported in
combination with non-subject merchandise,
only the paper plates subject to this
investigation are subject merchandise.
The paper plates subject to this
investigation include paper plates matching
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the above description that have been
finished, packaged, or otherwise processed in
a third country by performing finishing,
packaging, or processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the paper plates.
Examples of finishing, packaging, or other
processing in a third country that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the paper plates
include, but are not limited to, printing,
application of other surface treatments such
as coatings, repackaging, embossing, and
application of foil surface treatments.
Excluded from the scope of this
investigation are paper plates molded or
pressed directly from paper pulp (including
but not limited to unfelted pulp), which are
currently classifiable under subheading
4823.70.0020 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Also excluded from the scope of this
investigation are articles that otherwise
would be covered but which exhibit the
following two physical characteristics: (a)
depth (measured vertically from the base to
the top of the lip, or edge if no lip) equal to
or greater than 1.25 inches but less than two
(2.0) inches, and (b) a base not exceeding five
(5.0) inches in diameter if round, or not
exceeding 20 square inches in area if any
other shape.
Also excluded from the scope of this
investigation are paper bowls, paper buckets,
and paper food containers with closeable
lids.
Paper plates subject to this investigation
are currently classifiable under HTSUS
subheading 4823.69.0040. Paper plates
subject to this investigation also may be
classified under HTSUS subheading
4823.61.0040. If packaged with other articles,
the paper plates subject to this investigation
also may be classified under HTSUS
subheadings 9505.90.4000 and 9505.90.6000.
While the HTSUS subheading(s) are provided
for convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Preliminary Affirmative Determination of
Critical Circumstances
VII. Adjustment Under Section 777A(F) of
the Act
VIII. Adjustment to the Cash Deposit Rate for
Export Subsidies
IX. Recommendation
[FR Doc. 2024–19964 Filed 9–4–24; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\05SEN1.SGM
05SEN1
]]>Agencies
[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Notices]
[Pages 72375-72378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19964]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-839]
Certain Paper Plates From the Socialist Republic of Vietnam:
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain paper plates (paper plates) from the Socialist
Republic of Vietnam (Vietnam) are being, or are likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is July 1, 2023, through December 31, 2023.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable September 5, 2024.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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) 482-3683.
[[Page 72376]]
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation in the Federal
Register on February 26, 2024.\1\ On June 12, 2024, Commerce postponed
the preliminary determination of this investigation until August 22,
2024.\2\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ The deadline for the
preliminary determination is now August 29, 2024.
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\1\ See Certain Paper Plates from the People's Republic of
China, Thailand, and the Socialist Republic of Vietnam: Initiation
of Less-Than-Fair-Value Investigations, 89 FR 14046 (February 26,
2024) (Initiation Notice).
\2\ See Certain Paper Plates from the People's Republic of
China, Thailand, and the Socialist Republic of Vietnam: Postponement
of Preliminary Determinations in the Less-Than-Fair-Value
Investigations, 89 FR 49833 (June 12, 2024).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of Sales at Less Than Fair Value of
Certain Paper Plates from the Socialist Republic of Vietnam,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are certain paper plates
from Vietnam. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is not preliminarily modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
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\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\6\ See Initiation Notice, 89 FR at 14047.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Because Vietnam is a non-
market economy country, within the meaning of section 771(18) of the
Act,\7\ Normal value is calculated in accordance with section 773(c) of
the Act. In addition, pursuant to sections 776(a) and (b) of the Act,
Commerce preliminarily relied upon facts otherwise available, with
adverse inferences, for the Vietnam-wide entity. For a full description
of the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
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\7\ See Raw Honey from the Socialist Republic of Vietnam: Final
Results of Antidumping Duty Changed Circumstances Review, 89 FR
64411 (August 7, 2024).
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Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for the
Vietnam-Wide entity but not for Go-Pak Paper Products Vietnam Co., Ltd.
For a full description of the methodology and results of Commerce's
analysis, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\ In this investigation, we assigned a
producer/exporter combination rate for Go-Pak Paper Products Vietnam
Co., Ltd., i.e., the sole respondent eligible for a separate rate.
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\8\ See Initiation Notice, 89 FR at 14051.
\9\ 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,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Cash deposit rate
Weighted-average (adjusted for
Exporter Producer dumping margin export subsidy
(percent) offset) (percent)
----------------------------------------------------------------------------------------------------------------
Go-Pak Paper Products Vietnam Co., Ltd..... Go-Pak Paper Products Vietnam 0.00 0.00
Co., Ltd..
Vietnam-Wide Entity........................ ............................. * 165.27 159.79
----------------------------------------------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, for companies
included in the Vietnam-wide entity, Commerce will direct U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise, as described in Appendix I, entered, or withdrawn
from warehouse, for consumption on or after the date which is 90 days
before the date of publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the weighted-average amount by which normal value exceeds U.S.
price, as indicated in the table above, as follows: (1) for the
Vietnam-wide entity, the cash deposit rate is equal to the estimated
weighted-average dumping margin listed in the table; (2) for all
combinations of Vietnamese producers/exporters of merchandise under
consideration that have not established eligibility for their own
separate rates, the cash deposit rate
[[Page 72377]]
will be equal to the estimated weighted-average dumping margin
established for the Vietnam-wide entity; and (3) for all third-country
exporters of merchandise under consideration not listed in the table
above, the cash deposit rate is the cash deposit rate applicable to the
Vietnamese producer/exporter combination that supplied that third-
country exporter, or, if the exporter/producer combination does not
have its own rate, the cash deposit rate will be the Vietnam-wide rate.
Because the estimated weighted-average dumping margin for a certain
producer/exporter combination is zero or de minimis (i.e., less than
0.5 percent), Commerce is directing CBP not to suspend liquidation of
entries of subject merchandise from that producer/exporter combination.
Entries of subject merchandise from this exporter supplied by any other
producer, or from this producer that supplied any other exporter, or
from third-country exporters that sourced from the excluded producer/
exporter combination, are not entitled to this exclusion from
suspension of liquidation and are subject to the provisional measures
at the cash deposit rate established for the Vietnam-wide entity.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combination identified above,
entries of merchandise from this producer/exporter combination will be
excluded from the order. Such exclusion will not be applicable to
merchandise exported to the United States by any other producer/
exporter combinations or by third-country exporters that sourced from
the excluded producer/exporter combination.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, in part, any suspension of
liquidation shall apply to unliquidated entries of merchandise entered,
or withdrawn from warehouse, for consumption on or after the later of:
(a) the date which is 90 days before the date on which the suspension
of liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise from the Vietnam-wide entity. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
all unliquidated entries of merchandise from the Vietnam-wide entity
that were entered, or withdrawn from warehouse, for consumption on or
after the date which is 90 days before the publication of this notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the ``Preliminary Determination'' section's chart
of estimated weighted-average dumping margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
and analysis performed in connection with this preliminary
determination within five days of its public announcement or, if there
is no public announcement, within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b). Consistent with 19
CFR 351.224(e), Commerce will analyze and, if appropriate, correct any
timely allegations of significant ministerial errors by amending the
preliminary determination. However, consistent with 19 CFR 351.224(d),
Commerce will not consider incomplete allegations that do not address
the significance standard under 19 CFR 351.224(g) following the
preliminary determination. Instead, Commerce will address such
allegations in the final determination together with issues raised in
the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the last verification
report is issued in this investigation.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\11\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\12\
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\10\ Case briefs and rebuttal briefs submitted in response to
this preliminary determination should not include scope-related
issues.
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide a public
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public executive summary for each issue raised in their briefs.\13\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests should contain the party's name, address, and telephone
number, the number of
[[Page 72378]]
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined. Parties should confirm the date, time, and location of the
hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
duty determination be accompanied by a request for extension of
provisional measures from a four-month period to a period not more than
six months in duration.
On August 22 and 28, 2024, Go-Pak Paper Products Vietnam Co., Ltd.
and the American Paper Plate Coalition \15\ (i.e., the petitioner)
requested that Commerce postpone the final determination and that the
provisional measures be extended to a period not to exceed six months,
respectively.\16\ In accordance with section 735(a)(2)(A) of the Act
and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\15\ The members of the Coalition are: AJM Packaging
Corporation; Aspen Product Inc; Dart Container Corporation;
Hoffmaster Group, Inc.; Huhtamaki Americas, Inc.; and Unique
Industries, Inc.
\16\ See Go-Pak Paper Products Vietnam Co., Ltd.'s Letter,
``Request to Extend Final Determination,'' dated August 22, 2024;
and Petitioner's Letter, ``Request to Postpone the Deadline for
Final Determination,'' August 28, 2024.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports of certain paper plates from
Vietnam are materially injuring, or threaten material injury to, the
U.S. industry.
Notification to Interested Parties
This preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR
351.205(c).
Dated: August 29, 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 merchandise subject to this investigation is certain paper
plates. Paper plates subject to this investigation may be cut from
rolls, sheets, or other pieces of paper and/or paper board. Paper
plates subject to this investigation have a depth up to and
including two (2.0) inches, as measured vertically from the base to
the top of the lip, or the edge if the plate has no lip. Paper
plates subject to this investigation may be uncolored, white,
colored, or printed. Printed paper plates subject to this
investigation may have any type of surface finish, and may be
printed by any means with images, text and/or colors on one or both
surfaces. Colored paper plates subject to this investigation may be
colored by any method, including but not limited to printing,
beater-dyeing, and dip-dyeing. Paper plates subject to this
investigation may be produced from paper of any type (including, but
not limited to, bamboo, straws, bagasse, hemp, kenaf, jute, sisal,
abaca, cotton inters and reeds, or from non-plant sources, such as
synthetic resin (petroleum)-based resins), may have any caliper or
basis weight, may have any shape or size, may have one or more than
one section, may be embossed, may have foil or other substances
adhered to their surface, and/or may be uncoated or coated with any
type of coating.
The paper plates subject to this investigation remain covered by
the scope of this investigation whether imported alone, or in any
combination of subject and non-subject merchandise. When paper
plates subject to this investigation are imported in combination
with non-subject merchandise, only the paper plates subject to this
investigation are subject merchandise.
The paper plates subject to this investigation include paper
plates matching the above description that have been finished,
packaged, or otherwise processed in a third country by performing
finishing, packaging, or processing that would not otherwise remove
the merchandise from the scope of the investigation if performed in
the country of manufacture of the paper plates. Examples of
finishing, packaging, or other processing in a third country that
would not otherwise remove the merchandise from the scope of the
investigation if performed in the country of manufacture of the
paper plates include, but are not limited to, printing, application
of other surface treatments such as coatings, repackaging,
embossing, and application of foil surface treatments.
Excluded from the scope of this investigation are paper plates
molded or pressed directly from paper pulp (including but not
limited to unfelted pulp), which are currently classifiable under
subheading 4823.70.0020 of the Harmonized Tariff Schedule of the
United States (HTSUS).
Also excluded from the scope of this investigation are articles
that otherwise would be covered but which exhibit the following two
physical characteristics: (a) depth (measured vertically from the
base to the top of the lip, or edge if no lip) equal to or greater
than 1.25 inches but less than two (2.0) inches, and (b) a base not
exceeding five (5.0) inches in diameter if round, or not exceeding
20 square inches in area if any other shape.
Also excluded from the scope of this investigation are paper
bowls, paper buckets, and paper food containers with closeable lids.
Paper plates subject to this investigation are currently
classifiable under HTSUS subheading 4823.69.0040. Paper plates
subject to this investigation also may be classified under HTSUS
subheading 4823.61.0040. If packaged with other articles, the paper
plates subject to this investigation also may be classified under
HTSUS subheadings 9505.90.4000 and 9505.90.6000. While the HTSUS
subheading(s) are provided for convenience and customs purposes, the
written description of the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Preliminary Affirmative Determination of Critical Circumstances
VII. Adjustment Under Section 777A(F) of the Act
VIII. Adjustment to the Cash Deposit Rate for Export Subsidies
IX. Recommendation
[FR Doc. 2024-19964 Filed 9-4-24; 8:45 am]
BILLING CODE 3510-DS-P
