Certain Paper Plates From the People's Republic of China: 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, 72367-72370 [2024-19975]

Download as PDF Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices Dated: August 28, 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. [FR Doc. 2024–19943 Filed 9–4–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–164] Certain Paper Plates From the People’s Republic of China: 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 People’s Republic of China (China) 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: Applicable September 5, 2024. FOR FURTHER INFORMATION CONTACT: Tylar Lewis, Toni Page, or Lingjun Wang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6009, (202) 482–1398, or (202) 482–2316, respectively. DATES: SUPPLEMENTARY INFORMATION: Scope of the Investigation The products covered by this investigation are paper plates from China. 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 Background khammond on DSKJM1Z7X2PROD with NOTICES (the Act). Commerce published the notice of initiation of this investigation 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. This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance 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. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Paper Plates from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). VerDate Sep<11>2014 22:19 Sep 04, 2024 Jkt 262001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 72367 with section 772(a) of the Act. Because China is a non-market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily relied upon facts otherwise available, with adverse inferences, for the China-wide entity, which includes: (1) Anhui Yiqin Co., Ltd.; (2) Ningbo Artcool Co., Ltd.; (3) Ningbo Fenghua Yongfa Printing Stationery Co., Ltd.; (4) Shaoneng Group Guangdon Luzhou ECO Technology Co., Ltd.; (5) Yuyao Hongxiang Printing Co., Ltd.; (6) Zhejiang Kingsun Eco-Pack Co., Ltd.; (7) Zhejiang Xieli Science & Technology Co., Ltd.; (8) Guangdong Shaoneng Group Luzhou Technology Development Co., Ltd.; and (9) Paper World Limited. For a full description of the methodology underlying Commerce’s 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 determines that critical circumstances exist with respect to imports of paper plates from China for Jinhua P&P Products Co., Ltd (Jinhua), the non-selected companies eligible for a separate rate, and the China-wide entity, but that critical circumstances do not exist for Fuzhou Hengli Paper Co., Ltd. (Fuzhou Hengli) and its unaffiliated producers. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,7 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.8 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: 6 See Initiation Notice, 89 FR at 14047. Initiation Notice, 89 FR at 14051. 8 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://enforcement.trade.gov/policy/bull05-1.pdf. 7 See E:\FR\FM\05SEN1.SGM 05SEN1 72368 Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Producer Exporter Guangdong Ecosource Environmental Technology Co., Ltd. Ningbo Hongtai Package New Material Technology Co., Ltd. Jinhua P&P Products Co., Ltd ............................ Festa Party Products Mfy. (Zhongshan) Co., Ltd Top Printing Paper Products (Zhongshan) Co., Ltd. Festa Party Products Mfy. (Zhongshan) Co., Ltd Top Printing Paper Products (Zhongshan) Co., Ltd. Jieyang Weikangda Paper Co., Ltd .................... Dongyang Founder Paper Product Co., Ltd ....... Fuzhou Nicrolandee Arts & Craft Co., Ltd .......... Zhejiang Lanweier Paper Products Co., Ltd ....... Landward Color Printing Co., Ltd ........................ Ningbo Hongtai Package New Material Technology Co., Ltd. Ningbo Homelink Eco-Itech Co., Ltd ................... Ningbo Hongtai Package New Material Technology Co., Ltd. Ningbo Kosda New Material Technology Co., Ltd. Ningbo Goldland Industry and Technology Co., Ltd. Zhejiang Lingrong Crafts Co., Ltd ....................... Qingdao Robana Paper Product Co., Ltd ........... Qingdao Wonderful Industry and Trade Co. Ltd Shandong Boao Package Co., Ltd ...................... Festa Party Products Mfy. (Zhongshan) Co., Ltd Top Printing Paper Products (Zhongshan) Co., Ltd. Hangzhou Enli Paper Products Co., Ltd ............. China-Wide Entity ................................................ Fuzhou Hengli Paper Co., Ltd ............................. 0.00 Not Applicable Fuzhou Hengli Paper Co., Ltd ............................. 0.00 Not Applicable Jinhua P&P Products Co., Ltd ............................ Festa (Guangzhou) Co., Ltd ................................ Festa (Guangzhou) Co., Ltd ................................ 650.48 650.48 650.48 650.48 650.48 650.48 Festa Limited ....................................................... Festa Limited ....................................................... 650.48 650.48 650.48 650.48 Fujian Putian Zhonghao Trade Co., Ltd .............. Fujian Putian Zhonghao Trade Co., Ltd .............. Fuzhou Nicrolandee Arts & Craft Co., Ltd .......... Hangzhou Enli Paper Products Co. Ltd .............. Landward Color Printing Co., Ltd ........................ Ningbo Feisuo Import & Export Co., Ltd ............. 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 Ningbo Homelink Eco-Itech Co., Ltd ................... Ningbo Hongtai Package New Material Technology Co., Ltd. Ningbo Kosda New Material Technology Co., Ltd. Ningbo Qtop Import & Export Co., Ltd ................ 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 Ningbo Qtop Import & Export Co., Ltd ................ Qingdao Gold Top Trade Co. Ltd ....................... Qingdao Wonderful Industry and Trade Co. Ltd Shandong Boao Package Co., Ltd ...................... Xanadu Industrial Limited .................................... Xanadu Industrial Limited .................................... 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 650.48 Yeko Trading Limited .......................................... .............................................................................. 650.48 *1039.05 650.48 1039.05 * Rate based on facts available with adverse inferences. khammond on DSKJM1Z7X2PROD with NOTICES Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. 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 chart above as follows: (1) for the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of China producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weightedaverage dumping margin established for VerDate Sep<11>2014 22:19 Sep 04, 2024 Jkt 262001 the China-wide entity; and (3) for all third-county exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the China producer/exporter combination (or the China-wide entity) that supplied that third-country exporter. Because the estimated weightedaverage dumping margin for certain producer/exporter combinations are zero, Commerce is directing CBP not to suspend liquidation of entries of subject merchandise from those producer/ exporter combinations. Entries of subject merchandise from these exporters supplied by any other producer, or from these producers 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 China-wide entity. Should the final estimated weightedaverage dumping margin be zero or de minimis for the producer/exporter PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 combinations identified above, entries of merchandise from these producer/ exporter combinations will be excluded from the order. Such exclusion(s) 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 combinations. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, 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 following producer/exporter combinations: Jinhua P&P Products Co., Ltd., separate rate companies, and the China-wide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation E:\FR\FM\05SEN1.SGM 05SEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices shall apply to all unliquidated entries of merchandise from the producer/ exporter combinations identified in this paragraph 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. We preliminarily determine that Fuzhou Hengli is not entitled to an adjustment for domestic subsidies passed-through because it did not receive a countervailable subsidy (other than export subsidy) that affects manufacturing cost of the subject merchandise. We preliminarily determine that Jinhua is not entitled to an adjustment for domestic subsidies passed-through because it failed to demonstrate a subsidy-to-cost link and a cost-to-price link. In addition, in the preliminary determination of the companion CVD investigation of paper plates from China, Commerce determined that Fuzhou Hengli, but not Jinhua, benefited from certain subsidy programs contingent on exports.9 In this investigation, we made no adjustment to the estimated dumping margins for export subsidies of either company because Fuzhou Hengli’s dumping margin is zero and Jinhua’s export subsidy rate is zero in the companion CVD investigation.10 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. 9 See Certain Paper Plates from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Alignment of Final Determination with Final Antidumping Duty Determination, 89 FR 54432 (July 1, 2024). 10 Id. VerDate Sep<11>2014 22:19 Sep 04, 2024 Jkt 262001 Disclosure Commerce intends to disclose to interested parties the calculations 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 may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last final verification report is issued in this investigation.11 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.12 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.13 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an 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 11 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). 12 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). 13 See 19 351.309(c)(2) and (d)(2). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 72369 in their briefs.14 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 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).15 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. Requests should contain the party’s name, address, and telephone number, the number of 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 time and date to be determined. 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 petitioners. 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. Fuzhou Hengli, Jinhua, and the American Paper Plate Coalition 16 (the 14 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 15 See APO and Service Final Rule. 16 The members of the Coalition are: AJM Packaging Corporation; Aspen Product Inc; Dart Container Corporation; Hoffmaster Group, Inc.; E:\FR\FM\05SEN1.SGM Continued 05SEN1 72370 Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices petitioner) requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.17 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 exporters account 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. 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 imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This 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 khammond on DSKJM1Z7X2PROD with NOTICES 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, Huhtamaki Americas, Inc.; and Unique Industries, Inc. 17 See Fuzhou Hengli’s Letter, ‘‘Fuzhou Hengli’s Request for Final Extension of Determination and Postponement of Provisional Measures,’’ dated August 27, 2024; see also Petitioner’s Letter, ‘‘Petitioner’s Request to Postpone the Final Antidumping Duty Investigations,’’ August 28, 2024; and Jinhua’s Letter, ‘‘Request to Extend Final Determination,’’ August 29, 2024. VerDate Sep<11>2014 22:19 Sep 04, 2024 Jkt 262001 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 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. Preliminary Affirmative Determination of Critical Circumstances, In Part VI. Adjustment Under Section 777(A)(F) of the Act VII. Adjustments to Cash Deposit Rates for Export Subsidies In the Companion Countervailing Duty Investigation VIII. Currency Conversion IX. Recommendation [FR Doc. 2024–19975 Filed 9–4–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–849] Certain Paper Plates From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, and 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 from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 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: Ted Pearson, 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) 482–2631. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Notices]
[Pages 72367-72370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19975]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-164]


Certain Paper Plates From the People's Republic of China: 
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 People's 
Republic of China (China) 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: Tylar Lewis, Toni Page, or Lingjun 
Wang, AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6009, (202) 482-1398, or (202) 482-2316, respectively.

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 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 in the Less-Than-Fair-Value Investigation 
of Certain Paper Plates from the People's Republic of China,'' 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 paper plates from 
China. 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, Final Rule, 
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 China is a non-
market economy, within the meaning of section 771(18) of the Act, 
Commerce has calculated normal value in accordance with section 773(c) 
of the Act. Furthermore, pursuant to sections 776(a) and (b) of the 
Act, Commerce preliminarily relied upon facts otherwise available, with 
adverse inferences, for the China-wide entity, which includes: (1) 
Anhui Yiqin Co., Ltd.; (2) Ningbo Artcool Co., Ltd.; (3) Ningbo Fenghua 
Yongfa Printing Stationery Co., Ltd.; (4) Shaoneng Group Guangdon 
Luzhou ECO Technology Co., Ltd.; (5) Yuyao Hongxiang Printing Co., 
Ltd.; (6) Zhejiang Kingsun Eco-Pack Co., Ltd.; (7) Zhejiang Xieli 
Science & Technology Co., Ltd.; (8) Guangdong Shaoneng Group Luzhou 
Technology Development Co., Ltd.; and (9) Paper World Limited. For a 
full description of the methodology underlying Commerce's 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 determines that critical circumstances exist 
with respect to imports of paper plates from China for Jinhua P&P 
Products Co., Ltd (Jinhua), the non-selected companies eligible for a 
separate rate, and the China-wide entity, but that critical 
circumstances do not exist for Fuzhou Hengli Paper Co., Ltd. (Fuzhou 
Hengli) and its unaffiliated producers. For a full description of the 
methodology and results of Commerce's critical circumstances analysis, 
see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ 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.\8\
---------------------------------------------------------------------------

    \7\ See Initiation Notice, 89 FR at 14051.
    \8\ 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://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

[[Page 72368]]



----------------------------------------------------------------------------------------------------------------
                                                                                              Cash deposit rate
                                                                         Estimated weighted-    (adjusted for
                 Producer                            Exporter              average dumping     subsidy offsets)
                                                                          margin (percent)        (percent)
----------------------------------------------------------------------------------------------------------------
Guangdong Ecosource Environmental          Fuzhou Hengli Paper Co., Ltd                0.00       Not Applicable
 Technology Co., Ltd.
Ningbo Hongtai Package New Material        Fuzhou Hengli Paper Co., Ltd                0.00       Not Applicable
 Technology Co., Ltd.
Jinhua P&P Products Co., Ltd.............  Jinhua P&P Products Co., Ltd              650.48               650.48
Festa Party Products Mfy. (Zhongshan)      Festa (Guangzhou) Co., Ltd..              650.48               650.48
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Festa (Guangzhou) Co., Ltd..              650.48               650.48
 Co., Ltd.
Festa Party Products Mfy. (Zhongshan)      Festa Limited...............              650.48               650.48
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Festa Limited...............              650.48               650.48
 Co., Ltd.
Jieyang Weikangda Paper Co., Ltd.........  Fujian Putian Zhonghao Trade              650.48               650.48
                                            Co., Ltd.
Dongyang Founder Paper Product Co., Ltd..  Fujian Putian Zhonghao Trade              650.48               650.48
                                            Co., Ltd.
Fuzhou Nicrolandee Arts & Craft Co., Ltd.  Fuzhou Nicrolandee Arts &                 650.48               650.48
                                            Craft Co., Ltd.
Zhejiang Lanweier Paper Products Co., Ltd  Hangzhou Enli Paper Products              650.48               650.48
                                            Co. Ltd.
Landward Color Printing Co., Ltd.........  Landward Color Printing Co.,              650.48               650.48
                                            Ltd.
Ningbo Hongtai Package New Material        Ningbo Feisuo Import &                    650.48               650.48
 Technology Co., Ltd.                       Export Co., Ltd.
Ningbo Homelink Eco-Itech Co., Ltd.......  Ningbo Homelink Eco-Itech                 650.48               650.48
                                            Co., Ltd.
Ningbo Hongtai Package New Material        Ningbo Hongtai Package New                650.48               650.48
 Technology Co., Ltd.                       Material Technology Co.,
                                            Ltd.
Ningbo Kosda New Material Technology Co.,  Ningbo Kosda New Material                 650.48               650.48
 Ltd.                                       Technology Co., Ltd.
Ningbo Goldland Industry and Technology    Ningbo Qtop Import & Export               650.48               650.48
 Co., Ltd.                                  Co., Ltd.
Zhejiang Lingrong Crafts Co., Ltd........  Ningbo Qtop Import & Export               650.48               650.48
                                            Co., Ltd.
Qingdao Robana Paper Product Co., Ltd....  Qingdao Gold Top Trade Co.                650.48               650.48
                                            Ltd.
Qingdao Wonderful Industry and Trade Co.   Qingdao Wonderful Industry                650.48               650.48
 Ltd.                                       and Trade Co. Ltd.
Shandong Boao Package Co., Ltd...........  Shandong Boao Package Co.,                650.48               650.48
                                            Ltd.
Festa Party Products Mfy. (Zhongshan)      Xanadu Industrial Limited...              650.48               650.48
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Xanadu Industrial Limited...              650.48               650.48
 Co., Ltd.
Hangzhou Enli Paper Products Co., Ltd....  Yeko Trading Limited........              650.48               650.48
China-Wide Entity........................  ............................            *1039.05              1039.05
----------------------------------------------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise, as described in Appendix I, entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register, as discussed below. 
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 chart above as follows: (1) for the 
producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
China producers/exporters of merchandise under consideration that have 
not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the 
table above, the cash deposit rate is the cash deposit rate applicable 
to the China producer/exporter combination (or the China-wide entity) 
that supplied that third-country exporter.
    Because the estimated weighted-average dumping margin for certain 
producer/exporter combinations are zero, Commerce is directing CBP not 
to suspend liquidation of entries of subject merchandise from those 
producer/exporter combinations. Entries of subject merchandise from 
these exporters supplied by any other producer, or from these producers 
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 China-wide entity.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combinations identified above, 
entries of merchandise from these producer/exporter combinations will 
be excluded from the order. Such exclusion(s) 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 combinations.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, 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 following producer/exporter combinations: Jinhua 
P&P Products Co., Ltd., separate rate companies, and the China-wide 
entity. In accordance with section 733(e)(2)(A) of the Act, the 
suspension of liquidation

[[Page 72369]]

shall apply to all unliquidated entries of merchandise from the 
producer/exporter combinations identified in this paragraph 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. We preliminarily determine that Fuzhou Hengli is not 
entitled to an adjustment for domestic subsidies passed-through because 
it did not receive a countervailable subsidy (other than export 
subsidy) that affects manufacturing cost of the subject merchandise. We 
preliminarily determine that Jinhua is not entitled to an adjustment 
for domestic subsidies passed-through because it failed to demonstrate 
a subsidy-to-cost link and a cost-to-price link. In addition, in the 
preliminary determination of the companion CVD investigation of paper 
plates from China, Commerce determined that Fuzhou Hengli, but not 
Jinhua, benefited from certain subsidy programs contingent on 
exports.\9\ In this investigation, we made no adjustment to the 
estimated dumping margins for export subsidies of either company 
because Fuzhou Hengli's dumping margin is zero and Jinhua's export 
subsidy rate is zero in the companion CVD investigation.\10\
---------------------------------------------------------------------------

    \9\ See Certain Paper Plates from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, and Alignment of Final Determination with Final Antidumping 
Duty Determination, 89 FR 54432 (July 1, 2024).
    \10\ Id.
---------------------------------------------------------------------------

    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 
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 may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last final verification report is 
issued in this investigation.\11\ 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.\12\ 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.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \12\ 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).
    \13\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
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.\14\ 
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 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).\15\
---------------------------------------------------------------------------

    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    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. Requests should contain 
the party's name, address, and telephone number, the number of 
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 time and date to be 
determined.

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 petitioners. 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.
    Fuzhou Hengli, Jinhua, and the American Paper Plate Coalition \16\ 
(the

[[Page 72370]]

petitioner) requested that Commerce postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\17\ 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 exporters account 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.
---------------------------------------------------------------------------

    \16\ 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.
    \17\ See Fuzhou Hengli's Letter, ``Fuzhou Hengli's Request for 
Final Extension of Determination and Postponement of Provisional 
Measures,'' dated August 27, 2024; see also Petitioner's Letter, 
``Petitioner's Request to Postpone the Final Antidumping Duty 
Investigations,'' August 28, 2024; and Jinhua's Letter, ``Request to 
Extend Final Determination,'' August 29, 2024.
---------------------------------------------------------------------------

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 imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This 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. Preliminary Affirmative Determination of Critical Circumstances, 
In Part
VI. Adjustment Under Section 777(A)(F) of the Act
VII. Adjustments to Cash Deposit Rates for Export Subsidies In the 
Companion Countervailing Duty Investigation
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2024-19975 Filed 9-4-24; 8:45 am]
 BILLING CODE 3510-DS-P
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