Laminated Woven Sacks From the Socialist Republic of Vietnam: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 99831-99832 [2024-29055]

Download as PDF Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 Protection (CBP) to liquidate the appropriate entries without regard to antidumping duties. Pursuant to a refinement to Commerce’s assessment practice, where sales of subject merchandise that was produced or exported by an individually examined respondent were not reported in the U.S. sales data submitted by the respondent, but the merchandise was entered for consumption into the United States during the POR, we will instruct CBP to liquidate any entries of such merchandise at the all-others rate (i.e., 7.62 percent) 4 if there is no rate for the intermediate company(ies) involved in the transaction.5 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this notice of the final results of review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for OCTAL will be zero percent; (2) for merchandise exported by a company that is not under review and the company has a company-specific cash deposit rate from a completed segment of this proceeding, the cash deposit rate will continue to be the company-specific cash deposit rate from a completed segment of the proceeding that is currently applicable to the company; (3) if the exporter of the subject merchandise was not covered by this review or a previously completed segment of this proceeding, but the producer of the subject merchandise was covered, then the cash deposit rate will be equal to the company-specific cash deposit rate from a completed segment of this proceeding that is currently applicable to the producer of the subject merchandise; and (4) if neither the exporter nor the producer of the subject merchandise was covered by this review or a previously completed Order, 81 FR 27982. a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). segment of this proceeding, then the cash deposit rate will be 7.62 percent ad valorem,6 the all-others rate established in the less-than-fair-value investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of review and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: December 5, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: The Appropriate Date of Sale for Spot Sales Comment 2: Whether Commerce Should Adjust a U.S. Selling Expense Comment 3: Whether Commerce Made an Error in the Preliminary Calculations V. Recommendation 4 See [FR Doc. 2024–29111 Filed 12–10–24; 8:45 am] 5 For BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:17 Dec 10, 2024 Jkt 265001 6 See PO 00000 Order, 81 FR 27982. Frm 00005 Fmt 4703 Sfmt 4703 99831 DEPARTMENT OF COMMERCE International Trade Administration [C–552–824] Laminated Woven Sacks From the Socialist Republic of Vietnam: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on Laminated Woven Sacks (LWS) from the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. SUMMARY: DATES: Applicable December 10, 2024. FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2081. SUPPLEMENTARY INFORMATION: Background On June 4, 2019, Commerce published in the Federal Register the CVD order on LWS from Vietnam.1 On May 1, 2024, Commerce initiated the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On May 10, 2024, Commerce received a timely notice of intent to participate from Polytex Fiber LLC and ProAmpac Holdings Inc. (collectively, the domestic interested parties) within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under sections 771(9)(E) and (F) of the Act . On May 30, 2024, Commerce received an adequate substantive response to the Initiation Notice from the domestic interested parties within the 30-day deadline specified in 19 CFR 1 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Antidumping Duty and Countervailing Duty Orders, 84 FR 25753 (June 4, 2019) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 89 FR 35073 (May 1, 2024) (Initiation Notice). 3 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Party Notice Of Intent To Participate,’’ dated May 10, 2024. E:\FR\FM\11DEN1.SGM 11DEN1 99832 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices 351.218(d)(3)(i).4 We received no substantive responses from any other interested parties, including the Government of Vietnam, and no interested party requested a hearing. On June 21, 2024, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties, and that Commerce would conduct an expedited (120-day) sunset review of the Order,5 pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)–(C). Scope of the Order The product covered by the Order is LWS. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum. A list of the issues discussed in the Issues and Decision Memorandum is attached as the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNotices/ListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of countervailable subsidies at the following net countervailable subsidy rates: Company lotter on DSK11XQN23PROD with NOTICES1 Duong Vinh Hoa Packaging Company Limited ................ Xinsheng Plastic Industry Co., Ltd ....................................... All Others ................................ Subsidy Rate (percent ad valorem) 18:17 Dec 10, 2024 Notification to Interested Parties Commerce is issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: September 5, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Editorial Note: This document was received for publication by the Office of the Federal Register on December 6, 2024. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2024–29055 Filed 12–10–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–823] Laminated Woven Sacks From the Socialist Republic of Vietnam: Final Results of Expedited First Sunset 198.87 Review of the Antidumping Duty Order 3.02 3.02 4 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Party Substantive Response,’’ dated May 30, 2024 (Substantive Response). 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on May 1, 2024,’’ dated June 21, 2024. 6 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Laminated Woven Sacks from Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Jkt 265001 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on Laminated Woven Sacks (LWS) from the Socialist Republic of Vietnam (Vietnam) would likely lead to continuation or recurrence of dumping AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 at the levels indicated in the ‘‘Final Results of the Sunset Review’’ section of this notice. DATES: Applicable December 11, 2024. FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2081. SUPPLEMENTARY INFORMATION: Background After Commerce initiated the sunset review 1 of the Order,2 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), domestic interested parties 3 timely submitted complete notices of intent to participate in,4 and adequate substantive responses regarding, the review.5 The domestic interested parties claimed domestic interested party status under section 771(9)(C) of the Act as producers of the domestic like product in the United States.6 Commerce did not receive a substantive response from any respondent interested party, nor was a hearing requested. On June 21, 2024, Commerce notified the U.S. International Trade Commission that it did not receive adequate substantive responses from respondent interested parties.7 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The merchandise covered by the Order is laminated woven sacks.. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.8 1 See Initiation of Five-Year (Sunset) Reviews, 89 FR 35073 (May 1, 2024). 2 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Antidumping Duty and Countervailing Duty Orders, 84 FR 753 (June 4, 2019) (Order). 3 The domestic interested parties are Polytex Fiber LLC and ProAmpac Holdings Inc. 4 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Party Notice Of Intent To Participate,’’ dated May 10, 2024. 5 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Party Substantive Response,’’ dated May 30, 2024 (Substantive Response). 6 Id. 7 See Commerce’s Letter, ‘‘Sunset Reviews initiated on May 1, 2023,’’ dated June 21, 2024. 8 See Memorandum, ‘‘Decision Memorandum for the Final Results of the First Expedited Sunset Review of the Antidumping Duty Order on Laminated Woven Sacks from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99831-99832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29055]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-824]


Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on Laminated Woven 
Sacks (LWS) from the Socialist Republic of Vietnam (Vietnam) would be 
likely to lead to continuation or recurrence of countervailing 
subsidies at the levels indicated in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable December 10, 2024.

FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2081.

SUPPLEMENTARY INFORMATION: 

Background

    On June 4, 2019, Commerce published in the Federal Register the CVD 
order on LWS from Vietnam.\1\ On May 1, 2024, Commerce initiated the 
first sunset review of the Order, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ On May 10, 2024, Commerce 
received a timely notice of intent to participate from Polytex Fiber 
LLC and ProAmpac Holdings Inc. (collectively, the domestic interested 
parties) within the 15-day deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ The domestic interested parties claimed interested 
party status under sections 771(9)(E) and (F) of the Act .
---------------------------------------------------------------------------

    \1\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Antidumping Duty and Countervailing Duty Orders, 84 FR 
25753 (June 4, 2019) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 35073 
(May 1, 2024) (Initiation Notice).
    \3\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Party Notice Of Intent To Participate,'' dated May 10, 
2024.
---------------------------------------------------------------------------

    On May 30, 2024, Commerce received an adequate substantive response 
to the Initiation Notice from the domestic interested parties within 
the 30-day deadline specified in 19 CFR

[[Page 99832]]

351.218(d)(3)(i).\4\ We received no substantive responses from any 
other interested parties, including the Government of Vietnam, and no 
interested party requested a hearing. On June 21, 2024, Commerce 
notified the U.S. International Trade Commission that it did not 
receive an adequate substantive response from respondent interested 
parties, and that Commerce would conduct an expedited (120-day) sunset 
review of the Order,\5\ pursuant to section 751(c)(3)(B) of the Act and 
19 CFR 351.218(e)(1)(ii)(B)-(C).
---------------------------------------------------------------------------

    \4\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Party Substantive Response,'' dated May 30, 2024 
(Substantive Response).
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on May 1, 
2024,'' dated June 21, 2024.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Order is LWS. For a complete description 
of the scope of the Order, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Expedited First Sunset Review of the Countervailing Duty 
Order on Laminated Woven Sacks from Vietnam,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
accompanying Issues and Decision Memorandum. A list of the issues 
discussed in the Issues and Decision Memorandum is attached as the 
appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would likely lead to 
continuation or recurrence of countervailable subsidies at the 
following net countervailable subsidy rates:

------------------------------------------------------------------------
                                                            Subsidy Rate
                          Company                            (percent ad
                                                              valorem)
------------------------------------------------------------------------
Duong Vinh Hoa Packaging Company Limited..................          3.02
Xinsheng Plastic Industry Co., Ltd........................        198.87
All Others................................................          3.02
------------------------------------------------------------------------

Administrative Protective Order

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

Notification to Interested Parties

    Commerce is issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act 
and 19 CFR 351.218.

    Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on December 6, 2024.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2024-29055 Filed 12-10-24; 8:45 am]
BILLING CODE 3510-DS-P

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