Certain Paper Plates From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 8271-8274 [2025-01807]

Download as PDF Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices Dated: January 21, 2025. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix ddrumheller on DSK120RN23PROD with NOTICES1 Scope of the Investigation The merchandise covered by the investigation is slag pots with a nominal capacity of 65 cubic feet to 1200 cubic feet regardless of shape, form, or finish. Slag pots are load bearing devices typically formed as a curved shell or bowl-shaped container. Slag pots are metallurgical goods typically produced either using a casting process or a fabrication process (e.g., welding) and may include a ceramic refractory coating, heat treatment or various finishes in order to handle high temperature slag. Slag pots may contain integral features or attachments including (1) legs (or a stand) and (2) pivotal mounting hooks or brackets. Legs (or a stand) are a fixed or detachable support structure which allows the slag pot to be securely positioned upright on a surface when not being lifted or transported and may also keep the slag pot off the ground and allow for air cooling. The pivotal mounting hooks and brackets are specialized attachment points (such as lifting lugs or trunnions) that allow the slag pot to be securely lifted and transported by a crane or lifting device, or that enable the slag pot to swing or rotate while remaining attached to the lifting mechanism. The merchandise covered by this investigation includes all aforementioned attachments of a fully assembled slag pot, regardless of whether shipped assembled or unassembled. Slag pots are included within the scope whether finished or unfinished, whether imported individually or with other subject or non-subject merchandise, or whether assembled with attachments or unassembled. Finishing includes, but is not limited to, arc washing, welding, grinding, shot blasting, heat treatment, machining, and assembly of various parts. The country of origin for slag pots whether fully assembled, unfinished or finished, is the country where the slag pot was cast or forged. Subject merchandise includes slag pots that have been further processed or further assembled in a third country. Further processing and further assembly include, but is not limited to, arc washing, welding, grinding, shot blasting, heat treatment, painting, coating, priming, machining, and assembly of attachments. Slag pots subject to the investigation are specified within the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7309.00.0090. The slag pot attachments covered by the scope of this investigation may enter under HTSUS subheadings 7316.00.0000, 7325.10.0080, 7325.99.1000, 7325.99.5000, and 7326.19.0080. The HTSUS subheading is provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2025–01794 Filed 1–27–25; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:49 Jan 27, 2025 Jkt 265001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–164] Certain Paper Plates From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) 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) during the period of investigation (POI) July 1, 2023, through December 31, 2023. DATES: Applicable January 28, 2025. FOR FURTHER INFORMATION CONTACT: 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) 482–1398 or (202) 482–2316, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 5, 2024, Commerce published the Preliminary Determination in the Federal Register and invited interested parties to comment.1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 1 See 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, 89 FR 72367 (September 5, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final 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 (Issues and Decision Memorandum). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 8271 Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper plates from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), between November 12 and 24, 2024, Commerce conducted verification of the sales and factors of production information submitted by Fuzhou Hengli Paper Co., Ltd. (Fuzhou Hengli) and Jinhua P&P Product Co., Ltd (Jinhua).3 We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by Fuzhou Hengli and Jinhua. Analysis of Comments Received The issues raised in the case and rebuttal briefs by the parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II. Final Affirmative Determination of Critical Circumstances, in Part In accordance with section 735(a)(3)(B) of the Act, and 19 CFR 351.206(h), Commerce finds for the final determination that critical circumstances exist with respect to imports of paper plates for the nonselected companies eligible for a separate rate 4 and continues to find that critical circumstances exist with respect to the China-wide entity.5 We find for the final determination that critical circumstances exist with respect to 3 See Memoranda, ‘‘Verification of the Questionnaire Responses of Jinhua P&P Product Co., Ltd. (JPP) in the Less-Than-Fair-Value Investigation of Certain Paper Plates from the People’s Republic of China (China),’’ dated December 16, 2024; and ‘‘Verification of the Questionnaire Responses of Hengli Paper Co., Ltd. (Hengli) and its producer Guangdong Ecosource Environmental Technology Co., Ltd. (Ecosource),’’ dated December 17, 2024. 4 See Issues and Decision Memorandum at 5. 5 See Preliminary Determination, 89 FR at 72367. E:\FR\FM\28JAN1.SGM 28JAN1 8272 Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices Fuzhou Hengli and its unaffiliated producers, but that critical circumstances do not exist for Jinhua.6 For a full description of the methodology and the results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our review and analysis of the information received during verification and comments received from interested parties for this final determination, we made certain changes to the estimated weighted-average dumping margins for Fuzhou Hengli and Jinhua. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available (AFA) Consistent with the Preliminary Determination,7 Commerce continues to find, pursuant to sections 776(a) and (b) of the Act, that the use of facts otherwise available, with adverse inferences, is warranted in determining the dumping rate for the China-wide entity. In addition, for this final determination, we are also assigning a rate based on AFA to Fuzhou Hengli. We are assigning a rate of 515.40 percent, which is the highest calculated individual dumping margin of any respondent in the investigation, to the China-wide entity and Fuzhou Hengli.8 Separate Rates No interested party commented on Commerce’s preliminary separate rate determinations 9 and we have no basis to reconsider those determinations. Accordingly, we continue to find that Fuzhou Hengli, Jinhua, and certain nonindividually examined companies that are listed in the rate table below, are eligible for a separate rate. Combination Rates Consistent with the Preliminary Determination, and Policy Bulletin 05.1,10 Commerce calculated combination rates for the respondents that are eligible for a separate rate. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the period July 1, 2023, through December 31, 2023: 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 ............................. * 515.40 504.86 Fuzhou Hengli Paper Co., Ltd ............................. * 515.40 504.86 Jinhua P&P Products Co., Ltd ............................ Festa (Guangzhou) Co., Ltd ................................ Festa (Guangzhou) Co., Ltd ................................ 267.63 267.63 267.63 267.63 267.63 267.63 Festa Limited ....................................................... Festa Limited ....................................................... 267.63 267.63 267.63 267.63 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 ............. 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 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 ................ 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 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 .................................... 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 267.63 Yeko Trading Limited .......................................... .............................................................................. 267.63 * 515.40 267.63 515.40 ddrumheller on DSK120RN23PROD with NOTICES1 * Rate based on facts available with adverse inferences. Disclosure with this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of Commerce intends to disclose the calculations performed in connection 6 See Issues and Decision Memorandum at 5. Preliminary Determination PDM at 15–18. 8 Id. at 18. 7 See VerDate Sep<11>2014 17:49 Jan 27, 2025 Jkt 265001 9 Id. at 9–12. Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in 10 See PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available at https://access.trade.gov/ Resources/policy/bull05-1.pdf. E:\FR\FM\28JAN1.SGM 28JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to start or continue to suspend liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption as described below. 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 subject 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 continues to find that critical circumstances exist for imports of subject merchandise produced or exported by the nonselected separate rate companies and the China-wide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the nonselected separate rate companies and the China-wide entity that were entered, or withdrawn from warehouse, for consumption on or after June 7, 2024, which is 90 days before the publication of the Preliminary Determination. Provisional measures were not imposed for Fuzhou Hengli following the preliminary determination because of Commerce’s preliminary negative determination with respect to it. However, Commerce’s final affirmative critical circumstances determination now applies to Fuzhou Hengli as a result of the final affirmative determination of critical circumstances with respect to it. Accordingly, pursuant to section 735(c)(4)(C) of the Act, Commerce will instruct CBP to suspend liquidation of all appropriate entries from Fuzhou Hengli, which were entered, or withdrawn from warehouse, for consumption on or after 90-days prior to the date of publication of this final determination in the Federal Register. For Jinhua, because Commerce has made a negative final determination with regard to critical circumstances, Commerce will instruct CBP to continue to suspend liquidation of all appropriate entries which were entered, or withdrawn from warehouse, for consumption on or after September 5, 2024, the date of publication in the Federal Register of the Preliminary Determination and, in accordance with VerDate Sep<11>2014 17:49 Jan 27, 2025 Jkt 265001 section 735(c)(3) of the Act, Commerce will instruct CBP to terminate any retroactive suspension of liquidation required under section 733(e)(2) of the Act, and release any bond or other security, and refund any cash deposit required, under section 733(d)(1)(B) of the Act, with respect to entries of the merchandise the liquidation of which was suspended retroactively under section 733(e)(2) of the Act before September 5, 2024. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit for estimated antidumping duties for appropriate entries. Commerce will instruct CBP to require the following cash deposits of estimated antidumping duties for all appropriate entries: (1) for the producer/ exporter combinations listed in the table above, the applicable cash deposit rate is listed in the table for that combination; (2) for all combinations of Chinese producers/exporters of the merchandise under consideration that have not established eligibility for a separate rate, the cash deposit rate will be equal to the cash deposit rate listed for the China-wide entity in the table above; and (3) for all third-country exporters of the merchandise under consideration that are not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination or the China-wide entity that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission (ITC) In accordance with section 735(d) of the Act, we will notify the ITC of this final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper plates no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instructions by Commerce, antidumping PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 8273 duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: January 21, 2025. Abdelali Elouaradia, Deputy 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. E:\FR\FM\28JAN1.SGM 28JAN1 8274 Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices 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. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Affirmative Determination of Critical Circumstances, In Part IV. Adjustments to Cash Deposit Rate for Export Subsidies V. Separate Rates VI. Changes Since the Preliminary Determination VII. Application of Facts Available and Use of Adverse Inference VIII. Discussion of the Issues Comment 1: Whether to Apply Total Adverse Facts Available (AFA) to Fuzhou Hengli Comment 2: Whether to Revise the Surrogate Value (SV) Used for Paperboard VerDate Sep<11>2014 17:49 Jan 27, 2025 Jkt 265001 Comment 3: Whether to Change the Surrogate Country to Bulgaria Comment 4: Whether Commerce Should Revise the Surrogate Financial Ratios Comment 5: Whether to Revise the Inflators Calculations Comment 6: Whether to Correct Jinhua’s Reporting Errors for Packing Tape Comment 7: Whether to Grant a By-product Offset to Jinhua IX. Recommendation [FR Doc. 2025–01807 Filed 1–27–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 84–35A12] Export Trade Certificate of Review Notice of issuance of an amended Export Trade Certificate of Review for Northwest Fruit Exporters (NFE), Application No. 84–35A12. ACTION: The Secretary of Commerce, through the Office of Trade and Economic Analysis (OTEA), issued an amended Export Trade Certificate of Review to NFE on January 8, 2025. FOR FURTHER INFORMATION CONTACT: Amanda Reynolds, Acting Director, OTEA, International Trade Administration, (202) 482–5131 (this is not a toll-free number) or email at etca@ trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4011–21) (the Act) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing title III are found at 15 CFR part 325. OTEA is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary’s determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. SUMMARY: Description of Certified Conduct NFE amended its Certificate as follows: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 1. Remove the following companies as Members of the Certificate: a. Blue Star Growers, Inc., Cashmere, WA b. Columbia Valley Fruit, L.L.C., Yakima, WA c. Honey Bear Tree Fruit Co., LLC., Yakima, WA d. Oneonta Trading Corp., Wenatchee, WA e. Smith & Nelson, Inc., Tonasket, WA 2. Change the names of the following Members of the Certificate: a. 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: a. Legacy Fruit Packers LLC changes Export Product coverage from fresh apples and fresh pears to fresh apples (dropping fresh pears). b. Piepel Premium Fruit Packing LLC changes Export Product coverage from fresh apples and fresh sweet cherries to fresh apples (dropping fresh sweet cherries). c. Honeybear Growers, LLC changes Export Product coverage from fresh apples to fresh apples and fresh sweet cherries (adding fresh sweet cherries). List of Members, as Amended 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 18. Crane Ranch, Brewster, WA 19. Custom Apple Packers, Inc., Quincy and Wenatchee, WA 20. Diamond Fruit Growers Inc., Odell, OR 21. Domex Superfresh Growers LLC, Yakima, WA E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Notices]
[Pages 8271-8274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01807]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-164]


Certain Paper Plates From the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, in Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain paper 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) during the period of investigation (POI) 
July 1, 2023, through December 31, 2023.

DATES: Applicable January 28, 2025.

FOR FURTHER INFORMATION CONTACT: 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) 482-1398 or (202) 482-2316, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 5, 2024, Commerce published the Preliminary 
Determination in the Federal Register and invited interested parties to 
comment.\1\ For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See 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, 89 FR 72367 (September 5, 2024) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Investigation

    The products covered by this investigation are paper plates from 
China. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    We received no comments from interested parties on the scope of the 
investigation as it appeared in the Preliminary Determination. 
Therefore, we made no changes to the scope of the investigation.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), between November 12 and 24, 2024, Commerce conducted 
verification of the sales and factors of production information 
submitted by Fuzhou Hengli Paper Co., Ltd. (Fuzhou Hengli) and Jinhua 
P&P Product Co., Ltd (Jinhua).\3\ We used standard verification 
procedures, including an examination of relevant accounting records and 
original source documents provided by Fuzhou Hengli and Jinhua.
---------------------------------------------------------------------------

    \3\ See Memoranda, ``Verification of the Questionnaire Responses 
of Jinhua P&P Product Co., Ltd. (JPP) in the Less-Than-Fair-Value 
Investigation of Certain Paper Plates from the People's Republic of 
China (China),'' dated December 16, 2024; and ``Verification of the 
Questionnaire Responses of Hengli Paper Co., Ltd. (Hengli) and its 
producer Guangdong Ecosource Environmental Technology Co., Ltd. 
(Ecosource),'' dated December 17, 2024.
---------------------------------------------------------------------------

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by the parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
For a list of the issues raised by interested parties and addressed in 
the Issues and Decision Memorandum, see Appendix II.

Final Affirmative Determination of Critical Circumstances, in Part

    In accordance with section 735(a)(3)(B) of the Act, and 19 CFR 
351.206(h), Commerce finds for the final determination that critical 
circumstances exist with respect to imports of paper plates for the 
non-selected companies eligible for a separate rate \4\ and continues 
to find that critical circumstances exist with respect to the China-
wide entity.\5\ We find for the final determination that critical 
circumstances exist with respect to

[[Page 8272]]

Fuzhou Hengli and its unaffiliated producers, but that critical 
circumstances do not exist for Jinhua.\6\ For a full description of the 
methodology and the results of Commerce's critical circumstances 
analysis, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum at 5.
    \5\ See Preliminary Determination, 89 FR at 72367.
    \6\ See Issues and Decision Memorandum at 5.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the information received during 
verification and comments received from interested parties for this 
final determination, we made certain changes to the estimated weighted-
average dumping margins for Fuzhou Hengli and Jinhua. For a discussion 
of these changes, see the Issues and Decision Memorandum.

Use of Adverse Facts Available (AFA)

    Consistent with the Preliminary Determination,\7\ Commerce 
continues to find, pursuant to sections 776(a) and (b) of the Act, that 
the use of facts otherwise available, with adverse inferences, is 
warranted in determining the dumping rate for the China-wide entity. In 
addition, for this final determination, we are also assigning a rate 
based on AFA to Fuzhou Hengli. We are assigning a rate of 515.40 
percent, which is the highest calculated individual dumping margin of 
any respondent in the investigation, to the China-wide entity and 
Fuzhou Hengli.\8\
---------------------------------------------------------------------------

    \7\ See Preliminary Determination PDM at 15-18.
    \8\ Id. at 18.
---------------------------------------------------------------------------

Separate Rates

    No interested party commented on Commerce's preliminary separate 
rate determinations \9\ and we have no basis to reconsider those 
determinations. Accordingly, we continue to find that Fuzhou Hengli, 
Jinhua, and certain non-individually examined companies that are listed 
in the rate table below, are eligible for a separate rate.
---------------------------------------------------------------------------

    \9\ Id. at 9-12.
---------------------------------------------------------------------------

Combination Rates

    Consistent with the Preliminary Determination, and Policy Bulletin 
05.1,\10\ Commerce calculated combination rates for the respondents 
that are eligible for a separate rate.
---------------------------------------------------------------------------

    \10\ 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 at  
https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period July 1, 2023, through December 31, 
2023:

----------------------------------------------------------------------------------------------------------------
                                                                                              Cash deposit rate
                                                                         Estimated weighted-    (adjusted for
                 Producer                            Exporter              average dumping     subsidy offsets)
                                                                          margin (percent)        (percent)
----------------------------------------------------------------------------------------------------------------
Guangdong Ecosource Environmental          Fuzhou Hengli Paper Co., Ltd            * 515.40               504.86
 Technology Co., Ltd.
Ningbo Hongtai Package New Material        Fuzhou Hengli Paper Co., Ltd            * 515.40               504.86
 Technology Co., Ltd.
Jinhua P&P Products Co., Ltd.............  Jinhua P&P Products Co., Ltd              267.63               267.63
Festa Party Products Mfy. (Zhongshan)      Festa (Guangzhou) Co., Ltd..              267.63               267.63
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Festa (Guangzhou) Co., Ltd..              267.63               267.63
 Co., Ltd.
Festa Party Products Mfy. (Zhongshan)      Festa Limited...............              267.63               267.63
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Festa Limited...............              267.63               267.63
 Co., Ltd.
Jieyang Weikangda Paper Co., Ltd.........  Fujian Putian Zhonghao Trade              267.63               267.63
                                            Co., Ltd.
Dongyang Founder Paper Product Co., Ltd..  Fujian Putian Zhonghao Trade              267.63               267.63
                                            Co., Ltd.
Fuzhou Nicrolandee Arts & Craft Co., Ltd.  Fuzhou Nicrolandee Arts &                 267.63               267.63
                                            Craft Co., Ltd.
Zhejiang Lanweier Paper Products Co., Ltd  Hangzhou Enli Paper Products              267.63               267.63
                                            Co. Ltd.
Landward Color Printing Co., Ltd.........  Landward Color Printing Co.,              267.63               267.63
                                            Ltd.
Ningbo Hongtai Package New Material        Ningbo Feisuo Import &                    267.63               267.63
 Technology Co., Ltd.                       Export Co., Ltd.
Ningbo Homelink Eco-Itech Co., Ltd.......  Ningbo Homelink Eco-Itech                 267.63               267.63
                                            Co., Ltd.
Ningbo Hongtai Package New Material        Ningbo Hongtai Package New                267.63               267.63
 Technology Co., Ltd.                       Material Technology Co.,
                                            Ltd.
Ningbo Kosda New Material Technology Co.,  Ningbo Kosda New Material                 267.63               267.63
 Ltd.                                       Technology Co., Ltd.
Ningbo Goldland Industry and Technology    Ningbo Qtop Import & Export               267.63               267.63
 Co., Ltd.                                  Co., Ltd.
Zhejiang Lingrong Crafts Co., Ltd........  Ningbo Qtop Import & Export               267.63               267.63
                                            Co., Ltd.
Qingdao Robana Paper Product Co., Ltd....  Qingdao Gold Top Trade Co.                267.63               267.63
                                            Ltd.
Qingdao Wonderful Industry and Trade Co.   Qingdao Wonderful Industry                267.63               267.63
 Ltd.                                       and Trade Co. Ltd.
Shandong Boao Package Co., Ltd...........  Shandong Boao Package Co.,                267.63               267.63
                                            Ltd.
Festa Party Products Mfy. (Zhongshan)      Xanadu Industrial Limited...              267.63               267.63
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Xanadu Industrial Limited...              267.63               267.63
 Co., Ltd.
Hangzhou Enli Paper Products Co., Ltd....  Yeko Trading Limited........              267.63               267.63
China-Wide Entity........................  ............................            * 515.40               515.40
----------------------------------------------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with this final determination within five days of any public 
announcement or, if there is no public announcement, within five days 
of the date of publication of this notice in the Federal Register in 
accordance with 19 CFR 351.224(b).

[[Page 8273]]

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to start or continue 
to suspend liquidation of all appropriate entries of subject 
merchandise, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption as described 
below.
    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 subject 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 continues to 
find that critical circumstances exist for imports of subject 
merchandise produced or exported by the non-selected separate rate 
companies and the China-wide entity. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
unliquidated entries of shipments of subject merchandise from the non-
selected separate rate companies and the China-wide entity that were 
entered, or withdrawn from warehouse, for consumption on or after June 
7, 2024, which is 90 days before the publication of the Preliminary 
Determination. Provisional measures were not imposed for Fuzhou Hengli 
following the preliminary determination because of Commerce's 
preliminary negative determination with respect to it. However, 
Commerce's final affirmative critical circumstances determination now 
applies to Fuzhou Hengli as a result of the final affirmative 
determination of critical circumstances with respect to it. 
Accordingly, pursuant to section 735(c)(4)(C) of the Act, Commerce will 
instruct CBP to suspend liquidation of all appropriate entries from 
Fuzhou Hengli, which were entered, or withdrawn from warehouse, for 
consumption on or after 90-days prior to the date of publication of 
this final determination in the Federal Register. For Jinhua, because 
Commerce has made a negative final determination with regard to 
critical circumstances, Commerce will instruct CBP to continue to 
suspend liquidation of all appropriate entries which were entered, or 
withdrawn from warehouse, for consumption on or after September 5, 
2024, the date of publication in the Federal Register of the 
Preliminary Determination and, in accordance with section 735(c)(3) of 
the Act, Commerce will instruct CBP to terminate any retroactive 
suspension of liquidation required under section 733(e)(2) of the Act, 
and release any bond or other security, and refund any cash deposit 
required, under section 733(d)(1)(B) of the Act, with respect to 
entries of the merchandise the liquidation of which was suspended 
retroactively under section 733(e)(2) of the Act before September 5, 
2024.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, Commerce will instruct 
CBP to require a cash deposit for estimated antidumping duties for 
appropriate entries.
    Commerce will instruct CBP to require the following cash deposits 
of estimated antidumping duties for all appropriate entries: (1) for 
the producer/exporter combinations listed in the table above, the 
applicable cash deposit rate is listed in the table for that 
combination; (2) for all combinations of Chinese producers/exporters of 
the merchandise under consideration that have not established 
eligibility for a separate rate, the cash deposit rate will be equal to 
the cash deposit rate listed for the China-wide entity in the table 
above; and (3) for all third-country exporters of the merchandise under 
consideration that are not listed in the table above, the cash deposit 
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination or the China-wide entity that supplied that third-
country exporter. These suspension of liquidation instructions will 
remain in effect until further notice.

U.S. International Trade Commission (ITC)

    In accordance with section 735(d) of the Act, we will notify the 
ITC of this final affirmative determination of sales at LTFV. Because 
the final determination in this investigation is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of paper plates no later than 45 days after this 
final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all cash deposits will be refunded or canceled, and 
suspension of liquidation will be lifted. If the ITC determines that 
such injury does exist, Commerce will issue an antidumping duty order 
directing CBP to assess, upon further instructions by Commerce, 
antidumping duties on all imports of the subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after the 
effective date of the suspension of liquidation, as discussed above in 
the ``Continuation of Suspension of Liquidation'' section.

Administrative Protective Order (APO)

    This notice serves as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy 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.

[[Page 8274]]

    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 Issues and Decision 
Memorandum

I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, In 
Part
IV. Adjustments to Cash Deposit Rate for Export Subsidies
V. Separate Rates
VI. Changes Since the Preliminary Determination
VII. Application of Facts Available and Use of Adverse Inference
VIII. Discussion of the Issues
    Comment 1: Whether to Apply Total Adverse Facts Available (AFA) 
to Fuzhou Hengli
    Comment 2: Whether to Revise the Surrogate Value (SV) Used for 
Paperboard
    Comment 3: Whether to Change the Surrogate Country to Bulgaria
    Comment 4: Whether Commerce Should Revise the Surrogate 
Financial Ratios
    Comment 5: Whether to Revise the Inflators Calculations
    Comment 6: Whether to Correct Jinhua's Reporting Errors for 
Packing Tape
    Comment 7: Whether to Grant a By-product Offset to Jinhua
IX. Recommendation

[FR Doc. 2025-01807 Filed 1-27-25; 8:45 am]
BILLING CODE 3510-DS-P
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