Certain Paper Plates From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part, 8281-8283 [2025-01808]
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Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
requirements pertaining to the service of
documents in 19 CFR 351.303(f).47
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
[FR Doc. 2025–01793 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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
47 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
VerDate Sep<11>2014
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.
17:49 Jan 27, 2025
Jkt 265001
International Trade Administration
[C–570–165]
Certain Paper Plates From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination 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
countervailable subsidies are being
provided to producers and exporters of
certain paper plates (paper plates) from
the People’s Republic of China (China).
The period of investigation is January 1,
2023, through December 31, 2023.
DATES: Applicable January 28, 2025.
FOR FURTHER INFORMATION CONTACT: Sun
Cho, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6458.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 1, 2024, Commerce published
its Preliminary Determination in the
Federal Register and invited interested
parties to comment.1 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 The deadline for the final
determination is now January 21, 2025.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
1 See Certain Paper Plates from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary
Affirmative Determination of Critical
Circumstances, in Part, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 89 FR 54432 (July 1, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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Fmt 4703
Sfmt 4703
8281
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is made available to the public 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.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs that were
submitted by 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.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.4 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied, in part, on facts
otherwise available, including with an
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Countervailing Duty
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).
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
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8282
Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
adverse inference (AFA), pursuant to
sections 776(a) and (b) of the Act. For
a full discussion of our application of
AFA, see the Preliminary
Determination,5 and the Issues and
Decision Memorandum section entitled
‘‘Use of Facts Otherwise Available and
Application of Adverse Inferences.’’
Verification
As provided in section 782(i) of the
Act, in August and September 2024, we
conducted verification of information
submitted by Fuzhou Hengli Paper Co.,
Ltd. (Fuzhou Hengli) and Jinhua P&P
Product Co., Ltd. (Jinhua P&P) for use in
our final determination. We used
standard verification procedures,
including an examination of relevant
accounting records, and original source
documents provided by Fuzhou Hengli
and Jinhua P&P.6
Final Affirmative Determination of
Critical Circumstances, in Part
Commerce preliminarily determined,
in accordance with sections 703(e)(1)(A)
and (B) of the Act, and 19 CFR 351.206,
that critical circumstances existed with
respect to imports of subject
merchandise for Fuzhou Hengli, the
‘‘all-other’’ producers and/or exporters,
and four companies who did not
respond to our quantity and value
questionnaire (hereinafter referred to as
the ‘‘non-responsive companies’’),7 and
did not exist for Jinhua P&P.8 For this
final determination, in accordance with
section 705(a)(2) of the Act, Commerce
continues to find that critical
circumstances exist with respect to
imports of subject merchandise for
Fuzhou Hengli, all-other producers and/
or exporters, and the non-responsive
companies, and do not exist with
respect to imports of subject
merchandise for Jinhua P&P. For a full
description of the methodology and
results of our critical circumstances
analysis, see the Issues and Decision
Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from interested
parties and our verification findings, we
5 See
Preliminary Determination PDM at 8–32.
Memoranda, ‘‘Verification of Fuzhou Hengli
Paper Co., Ltd. Questionnaire Responses,’’ dated
October 9, 2024; ‘‘Verification of Jinhua P&P
Product Co., Ltd. Questionnaire Responses,’’ dated
October 9, 2024; and ‘‘Export Buyer’s Credit
Program Questionnaire Response Verification
(Customer A),’’ dated October 9, 2024.
7 These companies are: (1) Ningbo Artcool Co.,
Ltd.; (2) Ningbo Fenghua Yongfa Printing Stationery
Co., Ltd.; (3) Zhejiang Kingsun Eco-Pack Co., Ltd.;
and (4) Zhejiang Lingrong Crafts Co., Ltd.
8 See Preliminary Determination PDM at 7.
ddrumheller on DSK120RN23PROD with NOTICES1
6 See
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17:49 Jan 27, 2025
Jkt 265001
made certain changes to the subsidy rate
calculations for Fuzhou Hengli and
Jinhua P&P. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Protection (CBP) to suspend liquidation
of entries of subject merchandise from
China that were entered, or withdrawn
from warehouse, for consumption, on or
after July 1, 2024, the date of
publication of the Preliminary
All-Others Rate
Determination in the Federal Register.9
Pursuant to section 705(c)(5)(A)(i) of
Because we preliminarily determined
the Act, Commerce will determine an
that critical circumstances existed with
all-others rate equal to the weightedrespect to Fuzhou Hengli, the nonaverage countervailable subsidy rates
responsive companies, and companies
established for exporters and/or
covered by the all-others rate, we
producers individually examined,
instructed CBP to suspend such entries
excluding any rates that are zero, de
on or after April 2, 2024, which is 90
minimis, or rates based entirely under
days prior to the date of the publication
of the Preliminary Determination in the
section 776 of the Act. In this
Federal Register. In accordance with
investigation, Commerce calculated
section 703(d) of the Act, we instructed
total net subsidy rates for Fuzhou
Hengli and Jinhua P&P that are not zero, CBP to discontinue the suspension of
liquidation of all entries of subject
de minimis, or based entirely on the
merchandise entered or withdrawn from
facts otherwise available. Because
warehouse, on or after October 29, 2024,
Commerce calculated individual
but to continue the suspension of
estimated countervailable subsidy rates
liquidation of all entries of subject
for Fuzhou Hengli and Jinhua P&P that
merchandise that were subject to
are not zero, de minimis, or based
entirely on the facts otherwise available, suspension of liquidation between April
2, 2024, and October 28, 2024.
we have calculated the all-others rate
If the U.S. International Trade
using a weighted-average of the
Commission (ITC) issues a final
individual estimated subsidy rates
calculated for the examined respondents affirmative injury determination, we
will issue a countervailing duty order,
using each company’s publicly-ranged
reinstate the suspension of liquidation
sales values.
under section 706(a) of the Act, and
Final Determination
require a cash deposit of estimated
countervailing duties for entries of
Commerce determines that the
subject merchandise in the amounts
following estimated countervailable
indicated above. If the ITC determines
subsidy rates exist:
that material injury, or threat of material
injury, does not exist, this proceeding
Subsidy rate
Company
(percent
will be terminated, and all estimated
ad valorem)
duties deposited or securities posted as
a result of the suspension of liquidation
Fuzhou Hengli Paper Co.,
Ltd .....................................
11.38 will be refunded or canceled.
Jinhua P&P Product Co., Ltd
4.47 ITC Notification
Ningbo Artcool Co., Ltd ........
* 295.08
In accordance with section 705(d) of
Ningbo Fenghua Yongfa
Printing Stationery Co., Ltd
* 295.08 the Act, we will notify the ITC of our
final affirmative determination that
Zhejiang Kingsun Eco-Pack
Co., Ltd .............................
* 295.08 countervailable subsidies are being
Zhejiang Lingrong Crafts
provided to producers and exporters of
Co., Ltd .............................
* 295.08 paper plates from China. Because the
All Others ..............................
10.61 final determination is affirmative, in
accordance with section 705(b) of the
* Rate based on AFA.
Act, the ITC will make its final
Disclosure
determination as to whether the
domestic industry in the United States
Commerce intends to disclose its
is materially injured, or threatened with
calculations and analysis performed in
connection with this final determination material injury, by reason of imports of
paper plates from China no later than 45
within five days of its public
days after our final determination. In
announcement, or if there is no public
addition, we are making available to the
announcement, within five days of the
ITC all non-privileged and
date of publication of this notice in
nonproprietary information related to
accordance with 19 CFR 351.224(b).
this investigation. We will allow the ITC
Suspension of Liquidation
access to all privileged and business
As a result of our Preliminary
proprietary information in our files,
Determination and pursuant to sections provided the ITC confirms that it will
703(d)(1)(B) and (d)(2) of the Act, we
9 See Preliminary Determination, 89 FR at 54433.
instructed U.S. Customs and Border
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28JAN1
Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
not disclose such information, either
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance.
If the ITC determines that material
injury or threat of material injury does
not exist, this proceeding will be
terminated and all cash deposits will be
refunded. If the ITC determines that
such injury does exist, Commerce will
issue a CVD order directing CBP to
assess, upon further instruction by
Commerce, countervailing 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
‘‘Suspension of Liquidation’’ section.
Administrative Protective Order
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
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
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17:49 Jan 27, 2025
Jkt 265001
any type (including, but not limited to,
bamboo, straws, bagasse, hemp, kenaf, jute,
sisal, abaca, cotton inters and reeds, or from
non-plant sources, such as synthetic resin
(petroleum)-based resins), may have any
caliper or basis weight, may have any shape
or size, may have one or more than one
section, may be embossed, may have foil or
other substances adhered to their surface,
and/or may be uncoated or coated with any
type of coating.
The paper plates subject to this
investigation remain covered by the scope of
this investigation whether imported alone, or
in any combination of subject and nonsubject merchandise. When paper plates
subject to this investigation are imported in
combination with non-subject merchandise,
only the paper plates subject to this
investigation are subject merchandise.
The paper plates subject to this
investigation include paper plates matching
the above description that have been
finished, packaged, or otherwise processed in
a third country by performing finishing,
packaging, or processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the paper plates.
Examples of finishing, packaging, or other
processing in a third country that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the paper plates
include, but are not limited to, printing,
application of other surface treatments such
as coatings, repackaging, embossing, and
application of foil surface treatments.
Excluded from the scope of this
investigation are paper plates molded or
pressed directly from paper pulp (including
but not limited to unfelted pulp), which are
currently classifiable under subheading
4823.70.0020 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Also excluded from the scope of this
investigation are articles that otherwise
would be covered but which exhibit the
following two physical characteristics: (a)
depth (measured vertically from the base to
the top of the lip, or edge if no lip) equal to
or greater than 1.25 inches but less than two
(2.0) inches, and (b) a base not exceeding five
(5.0) inches in diameter if round, or not
exceeding 20 square inches in area if any
other shape.
Also excluded from the scope of this
investigation are paper bowls, paper buckets,
and paper food containers with closeable
lids.
Paper plates subject to this investigation
are currently classifiable under HTSUS
subheading 4823.69.0040. Paper plates
subject to this investigation also may be
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.
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8283
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Final Determination of Critical
Circumstances, in Part
IV. Use of Facts Otherwise Available and
Application of Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Countervailability of Policy
Loans to the Paper Plate Industry
Comment 2: Countervailability of the
Enterprise Income Tax (EIT) Law
Research and Development (R&D)
Program
Comment 3: Countervailability of the
Provision of Electricity for Less Than
Adequate Remuneration (LTAR)
Comment 4: Appropriate Electricity
Benchmark
Comment 5: Appropriate Denominator for
Other Subsidy Programs
Comment 6: Countervailability of Other
Subsidies
Comment 7: Whether Commerce Should
Modify its Adverse Facts Available
(AFA) Rate Selection Methodology
Comment 8: Whether Commerce Should
Apply AFA Regarding the Export Buyer’s
Credits Program (EBCP)
Comment 9: Whether To Apply AFA to the
Provision of Land-Use Rights for LTAR
VIII. Recommendation
[FR Doc. 2025–01808 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Information Collection Activities;
Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; National Voluntary
Laboratory Accreditation Program
(NVLAP) Information Collection
System
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on September
24, 2024 during a 60-day comment
E:\FR\FM\28JAN1.SGM
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Agencies
[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Notices]
[Pages 8281-8283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01808]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-165]
Certain Paper Plates From the People's Republic of China: Final
Affirmative Countervailing Duty Determination 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
countervailable subsidies are being provided to producers and exporters
of certain paper plates (paper plates) from the People's Republic of
China (China). The period of investigation is January 1, 2023, through
December 31, 2023.
DATES: Applicable January 28, 2025.
FOR FURTHER INFORMATION CONTACT: Sun Cho, AD/CVD Operations, Office V,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6458.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2024, Commerce published its Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\2\ The deadline for the final
determination is now January 21, 2025.
---------------------------------------------------------------------------
\1\ See Certain Paper Plates from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and Alignment of Final Determination With Final Antidumping
Duty Determination, 89 FR 54432 (July 1, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\3\ The Issues and Decision Memorandum
is a public document and is made available to the public 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
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).
---------------------------------------------------------------------------
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.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by 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.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found to be countervailable, Commerce determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\4\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
---------------------------------------------------------------------------
In making this final determination, Commerce relied, in part, on
facts otherwise available, including with an
[[Page 8282]]
adverse inference (AFA), pursuant to sections 776(a) and (b) of the
Act. For a full discussion of our application of AFA, see the
Preliminary Determination,\5\ and the Issues and Decision Memorandum
section entitled ``Use of Facts Otherwise Available and Application of
Adverse Inferences.''
---------------------------------------------------------------------------
\5\ See Preliminary Determination PDM at 8-32.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in August and September
2024, we conducted verification of information submitted by Fuzhou
Hengli Paper Co., Ltd. (Fuzhou Hengli) and Jinhua P&P Product Co., Ltd.
(Jinhua P&P) for use in our final determination. We used standard
verification procedures, including an examination of relevant
accounting records, and original source documents provided by Fuzhou
Hengli and Jinhua P&P.\6\
---------------------------------------------------------------------------
\6\ See Memoranda, ``Verification of Fuzhou Hengli Paper Co.,
Ltd. Questionnaire Responses,'' dated October 9, 2024;
``Verification of Jinhua P&P Product Co., Ltd. Questionnaire
Responses,'' dated October 9, 2024; and ``Export Buyer's Credit
Program Questionnaire Response Verification (Customer A),'' dated
October 9, 2024.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with sections
703(e)(1)(A) and (B) of the Act, and 19 CFR 351.206, that critical
circumstances existed with respect to imports of subject merchandise
for Fuzhou Hengli, the ``all-other'' producers and/or exporters, and
four companies who did not respond to our quantity and value
questionnaire (hereinafter referred to as the ``non-responsive
companies''),\7\ and did not exist for Jinhua P&P.\8\ For this final
determination, in accordance with section 705(a)(2) of the Act,
Commerce continues to find that critical circumstances exist with
respect to imports of subject merchandise for Fuzhou Hengli, all-other
producers and/or exporters, and the non-responsive companies, and do
not exist with respect to imports of subject merchandise for Jinhua
P&P. For a full description of the methodology and results of our
critical circumstances analysis, see the Issues and Decision
Memorandum.
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\7\ These companies are: (1) Ningbo Artcool Co., Ltd.; (2)
Ningbo Fenghua Yongfa Printing Stationery Co., Ltd.; (3) Zhejiang
Kingsun Eco-Pack Co., Ltd.; and (4) Zhejiang Lingrong Crafts Co.,
Ltd.
\8\ See Preliminary Determination PDM at 7.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received from interested
parties and our verification findings, we made certain changes to the
subsidy rate calculations for Fuzhou Hengli and Jinhua P&P. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or rates based entirely under section 776 of the Act. In this
investigation, Commerce calculated total net subsidy rates for Fuzhou
Hengli and Jinhua P&P that are not zero, de minimis, or based entirely
on the facts otherwise available. Because Commerce calculated
individual estimated countervailable subsidy rates for Fuzhou Hengli
and Jinhua P&P that are not zero, de minimis, or based entirely on the
facts otherwise available, we have calculated the all-others rate using
a weighted-average of the individual estimated subsidy rates calculated
for the examined respondents using each company's publicly-ranged sales
values.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Fuzhou Hengli Paper Co., Ltd............................ 11.38
Jinhua P&P Product Co., Ltd............................. 4.47
Ningbo Artcool Co., Ltd................................. * 295.08
Ningbo Fenghua Yongfa Printing Stationery Co., Ltd...... * 295.08
Zhejiang Kingsun Eco-Pack Co., Ltd...................... * 295.08
Zhejiang Lingrong Crafts Co., Ltd....................... * 295.08
All Others.............................................. 10.61
------------------------------------------------------------------------
* Rate based on AFA.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with this final determination within five days
of its public announcement, or if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise from China that were entered, or withdrawn from
warehouse, for consumption, on or after July 1, 2024, the date of
publication of the Preliminary Determination in the Federal
Register.\9\ Because we preliminarily determined that critical
circumstances existed with respect to Fuzhou Hengli, the non-responsive
companies, and companies covered by the all-others rate, we instructed
CBP to suspend such entries on or after April 2, 2024, which is 90 days
prior to the date of the publication of the Preliminary Determination
in the Federal Register. In accordance with section 703(d) of the Act,
we instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse, on
or after October 29, 2024, but to continue the suspension of
liquidation of all entries of subject merchandise that were subject to
suspension of liquidation between April 2, 2024, and October 28, 2024.
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\9\ See Preliminary Determination, 89 FR at 54433.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for entries of subject merchandise in the amounts indicated above. If
the ITC determines that material injury, or threat of material injury,
does not exist, this proceeding will be terminated, and all estimated
duties deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of paper plates
from China. Because the final determination is affirmative, in
accordance with section 705(b) 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 from China no later than 45 days after our
final determination. In addition, we are making available to the ITC
all non-privileged and nonproprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will
[[Page 8283]]
not disclose such information, either publicly or under an
administrative protective order (APO), without the written consent of
the Assistant Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing 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 ``Suspension of
Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) 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.
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 Determination of Critical Circumstances, in Part
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Countervailability of Policy Loans to the Paper Plate
Industry
Comment 2: Countervailability of the Enterprise Income Tax (EIT)
Law Research and Development (R&D) Program
Comment 3: Countervailability of the Provision of Electricity
for Less Than Adequate Remuneration (LTAR)
Comment 4: Appropriate Electricity Benchmark
Comment 5: Appropriate Denominator for Other Subsidy Programs
Comment 6: Countervailability of Other Subsidies
Comment 7: Whether Commerce Should Modify its Adverse Facts
Available (AFA) Rate Selection Methodology
Comment 8: Whether Commerce Should Apply AFA Regarding the
Export Buyer's Credits Program (EBCP)
Comment 9: Whether To Apply AFA to the Provision of Land-Use
Rights for LTAR
VIII. Recommendation
[FR Doc. 2025-01808 Filed 1-27-25; 8:45 am]
BILLING CODE 3510-DS-P