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]
-----------------------------------------------------------------------
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