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]

Download as PDF 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. PO 00000 Frm 00025 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. E:\FR\FM\28JAN1.SGM 28JAN1 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 VerDate Sep<11>2014 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 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\28JAN1.SGM 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 VerDate Sep<11>2014 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. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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 28JAN1

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]


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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.
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    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.
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    \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.''
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    \5\ See Preliminary Determination PDM at 8-32.
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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\
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    \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.
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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
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