Certain Paper Plates From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 8262-8264 [2025-01809]
Download as PDF
ddrumheller on DSK120RN23PROD with NOTICES1
8262
Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
applicant, there are no instruments of
the same general category manufactured
in the United States. Application
accepted by Commissioner of Customs:
October 22, 2024.
Docket Number: 24–037. Applicant:
Tulane University, 6823 St. Charles
Avenue, New Orleans, LA 70118.
Instrument: Multi-collector high
resolution inductively-coupled plasma
mass spectrometer with collision cell.
Manufacturer: Nu Instruments, United
Kingdom. Intended Use: The instrument
is intended to be used to enhance the
research capabilities of the Earth and
Environmental Sciences department.
Currently planned experiments include
using thallium isotopes and selenium
isotopes to study past ocean oxygen
variations from rock samples, strontium
and calcium isotopes to investigate
calcium carbonate saturation states, and
boron isotopes to reconstruct past ocean
acidity from corals. These analyses will
provide important insights of past
climate change and geochemical cycles
of various elements. This instrument
maybe used for demonstration purposes
only for high level analytical chemistry
and geochemistry classes. The goal of
this course is to introduce the use of
stable and radioactive isotopes as tools
to trace the movement of air, water, and
sediments through the atmosphere,
hydrosphere, biosphere, and
lithosphere. Justification for Duty-Free
Entry: According to the applicant, there
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: October 22,
2024.
Docket Number: 24–038. Applicant:
Harvard University, 17 Oxford Street,
Cambridge, MA 01238. Instrument:
Narrow linewidth lasers with
accompanying accessories (2).
Manufacturer: Shanghai Precilasers
Technology Co., Ltd., China. Intended
Use: The instrument is intended to be
used for research focusing on using
ultracold Strontium monohydroxide
(SrOH) molecules for precision
measurements of physics beyond the
Standard Model, including the electron
Electric Dipole Moment (eEDM) and
dark matter. To conduct these precision
measurements, the SrOH molecules
must first be laser-slowed and lasercooled to extremely low temperatures
and high densities. A high-power,
single-frequency 688 nm laser system
from Shanghai Precilasers will be used
to cool the SrOH molecules inside a
magneto-optical trap (MOT). This
process requires precise addressing of a
transition with MHz precision and a
high photon scattering rate for eRective
trapping. Justification for Duty-Free
VerDate Sep<11>2014
17:49 Jan 27, 2025
Jkt 265001
Entry: According to the applicant, there
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: November
13, 2024.
Docket Number: 24–039. Applicant:
University of Chicago, High Bay
Research Building, 5602 S Maryland,
Chicago, IL 60637. Instrument:
Telescope Mirror Test Stand.
Manufacturer: Carpenteria Colombo
Ferruccio SRL, Italy. Intended Use: The
instrument is intended to be used to
study the thermal and gravitational
deformation of a 5.5 meter diameter,
monolithic aluminum mirror which
serves as the primary reflecting mirror
on a telescope designed to study
primordial gravitational waves. The
objectives are to characterize the
deformation of the mirror under
different thermal gradients and
changing elevation angles to allow
development of algorithms to correct the
optical images. Justification for DutyFree Entry: According to the applicant,
there are no instruments of the same
general category manufactured in the
United States. Application accepted by
Commissioner of Customs: August 27,
2024.
Docket Number: 24–040. Applicant:
University of California, Santa Barbara,
2509 Broida Hall, Santa Barbara, CA
93106–9530. Instrument: Low Noise
Laser Amplifier. Manufacturer:
Shanghai Precilaser Technology Co.,
Ltd., China. Intended Use: The low
noise laser amplifier at 1064 nm will be
used in a cold atom experiment at
University of California, Santa Barbara,
for opCcal trapping and manipulaCon of
ultracold potassium-39 atoms. It will be
seeded by our own 500 mW 1064 laser
and will produce 100 W output power.
Potassium-39 atoms at low temperature
will be loaded into the opCcal traps
created by the laser amplifier.
Combining with acousto-opCcal
modulators, we will be able to alter the
quantum state of the atoms in the
opCcal potenCals, and perform
experiments about quantum interacCve
dynamics and other quantum
simulaCons. Justification for Duty-Free
Entry: According to the applicant, there
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: December 4,
2024.
Dated: January 22, 2025.
Gregory W. Campbell,
Director, Subsidies and Economic Analysis,
Enforcement and Compliance.
[FR Doc. 2025–01792 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–849]
Certain Paper Plates From Thailand:
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
imports of certain paper plates (paper
plates) from Thailand are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) for the
period of investigation (POI) January 1,
2023, through December 31, 2023.
DATES: Applicable January 28, 2025.
FOR FURTHER INFORMATION CONTACT: Ted
Pearson, AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2631.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 5, 2024, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of paper
plates from Thailand 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
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
1 See Certain Paper Plates from Thailand:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Affirmative
Determination of Critical Circumstances, in Part,
and Postponement of Final Determination and
Extension of Provisional Measures, 89 FR 72370
(September 5, 2024) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Certain Paper Plates from
Thailand,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\28JAN1.SGM
28JAN1
Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
Scope of the Investigation
The products covered by this
investigation are paper plates from
Thailand. 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
Commerce verified the sales and cost
information submitted by Thai Paper
Co., Ltd. (Thai Paper) for use in our final
determination, consistent with section
782(i) of the Tariff Act of 1930, as
amended (the Act).3 We used standard
verification procedures, including an
examination of relevant sales and
accounting records, and original source
documents provided by Thai Paper.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
as Appendix II.
ddrumheller on DSK120RN23PROD with NOTICES1
Final Affirmative Determination of
Critical Circumstances, in Part
Commerce preliminarily determined,
in accordance with section 733(e)(1) of
the Act, and 19 CFR 351.206(c)(1), that
critical circumstances exist with respect
to imports of paper plates from Thailand
for the seven companies 4 that were nonresponsive to our quantity and value
(Q&V) questionnaire. For the final
determination, pursuant to section
735(a)(3)(B) of the Act and 19 CFR
351.206, we continue to find that
critical circumstances exist for these
seven companies. Further, we continue
to find that critical circumstances do not
exist with regard to Thai Paper, the
companies that responded to the Q&V
questionnaire (i.e., Nirvana Foods &
Commerce International Co., Ltd.
(Nirvana); Pandora Production Co
3 See Memorandum, ‘‘Verification of the Sales
Questionnaire Responses of Thai Paper Co., Ltd.,’’
dated September 23, 2024; see also Memoranda,
‘‘Verification of the Sales Questionnaire Responses
of Go-Pak UK Ltd,’’ dated October 17, 2024; and,
‘‘Verification of the Cost Response of Thai Paper
Company Limited,’’ dated December 2, 2024.
4 The seven non-responsive companies are: (1)
ABC Digital Technology Co Ltd; (2) Beeconcious
Co; (3) Dester Co, Ltd; (4) Pimlapas Printing Co.,
Ltd; (5) Sincerely Cargo; (6) Thai Coconut Co Ltd;
and (7) Thai Union Manufacturing Co., Ltd.
VerDate Sep<11>2014
17:49 Jan 27, 2025
Jkt 265001
(Pandora); and SNC Cup Co., Ltd. (SNC
Cup)), and all others.
Use of Adverse Facts Available (AFA)
As discussed in the Preliminary
Determination, Commerce assigned
dumping margins on the basis of AFA,
pursuant to sections 776(a) and (b) of
the Act, to the seven companies that
were non-responsive to the Q&V
questionnaire.5 For this final
determination, we continue to find that
the application of AFA, pursuant to
sections 776(a) and (b) of the Act, is
warranted with respect to the seven
non-responsive companies.
Changes Since the Preliminary
Determination
We made changes since the
Preliminary Determination to use Thai
Paper’s corrected and verified sales
databases. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act, i.e., facts otherwise available.
For the final determination of this
investigation, Thai Paper was the only
individually examined exporter/
producer for which Commerce
calculated an individual estimated
weighted average dumping margin.
Because Thai Paper’s dumping margin
is the only individually calculated
dumping margin that is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Thai Paper is the margin
assigned to all other producers and
exporters and the non-selected
respondents, Nirvana, Pandora, and
SNC Cup.6
5 See
Preliminary Determination, 89 FR at 38080.
e.g., Steel Threaded Rod from Thailand:
Preliminary Determination of Sales at Less Than
Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
79670, 79671 (December 31, 2013), unchanged in
Steel Threaded Rod from Thailand: Final
Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
2014).
6 See,
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
8263
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Exporter/producer
Thai Paper Co., Ltd ....................
Nirvana Foods & Commerce
International Co., Ltd ..............
Pandora Production Co ..............
SNC Cup Co., Ltd ......................
ABC Digital Technology Co Ltd
Beeconcious Co .........................
Dester Co, Ltd ............................
Pimlapas Printing Co., Ltd ..........
Sincerely Cargo ..........................
Thai Coconut Co Ltd ..................
Thai Union Manufacturing Co.,
Ltd ...........................................
All Others ....................................
Weightedaverage
dumping
margin
(percent)
5.57
5.57
5.57
5.57
* 73.17
* 73.17
* 73.17
* 73.17
* 73.17
* 73.17
* 73.17
5.57
* Rate based on facts available with adverse
inferences.
Disclosure
Commerce intends to disclose the
calculations performed in connection
with this final determination to
interested parties 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).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
subject merchandise, as described in
Appendix II of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after September
5, 2024, the date of publication of the
Preliminary Determination in the
Federal Register.
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 finds that critical
circumstances exist for imports of
subject merchandise produced or
exported by the seven non-responsive
companies. In accordance with section
733(e)(2)(A) of the Act, the suspension
E:\FR\FM\28JAN1.SGM
28JAN1
8264
Federal Register / Vol. 90, No. 17 / Tuesday, January 28, 2025 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
of liquidation shall apply to
unliquidated entries of shipments of
subject merchandise produced or
exported by the seven non-responsive
companies 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. These
suspension of liquidation instructions
will remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), where
appropriate, Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the companies listed
above that exported the subject
merchandise will be equal to the
company-specific estimated weightedaverage dumping margin determined in
this final determination; (2) if the
exporter is not a company identified
above but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the estimated
weighted-average dumping margin for
all other producers and exporters.
U.S. International Trade Commission
Notification (ITC)
In accordance with section 735(d) of
the Act, Commerce will notify the ITC
of its final affirmative determination of
sales at LTFV. Because Commerce’s
final determination 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 or
sales (or the likelihood of sales) for
importation of paper plates no later than
45 days after this final determination. If
the ITC determines that such injury
does not exist, this proceeding will be
terminated, all cash deposits posted will
be refunded, 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 instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed in the ‘‘Continuation of
Suspension of Liquidation’’ section
above.
VerDate Sep<11>2014
17:49 Jan 27, 2025
Jkt 265001
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 final determination and notice
are issued and published in accordance
with sections 735(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 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.
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
PO 00000
Frm 00008
Fmt 4703
Sfmt 9990
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. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Recalculate Thai Paper’s Quantity
Discounts
Comment 2: Whether Commerce Should
Find Multiple Levels of Trade (LOTs) in
Thai Paper’s Home Market
Comment 3: Whether Commerce Should
Incorporate Updated Sales Databases
Comment 4: Whether Commerce Should
Update the Cost Database
VI. Recommendation
[FR Doc. 2025–01809 Filed 1–27–25; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\28JAN1.SGM
28JAN1
Agencies
[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Notices]
[Pages 8262-8264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01809]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-849]
Certain Paper Plates From Thailand: 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
imports of certain paper plates (paper plates) from Thailand are being,
or are likely to be, sold in the United States at less than fair value
(LTFV) for the period of investigation (POI) January 1, 2023, through
December 31, 2023.
DATES: Applicable January 28, 2025.
FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations, Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2631.
SUPPLEMENTARY INFORMATION:
Background
On September 5, 2024, Commerce published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
paper plates from Thailand 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 Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and Postponement of Final Determination and Extension of
Provisional Measures, 89 FR 72370 (September 5, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Paper Plates from Thailand,'' 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.
[[Page 8263]]
Scope of the Investigation
The products covered by this investigation are paper plates from
Thailand. 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
Commerce verified the sales and cost information submitted by Thai
Paper Co., Ltd. (Thai Paper) for use in our final determination,
consistent with section 782(i) of the Tariff Act of 1930, as amended
(the Act).\3\ We used standard verification procedures, including an
examination of relevant sales and accounting records, and original
source documents provided by Thai Paper.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Verification of the Sales Questionnaire
Responses of Thai Paper Co., Ltd.,'' dated September 23, 2024; see
also Memoranda, ``Verification of the Sales Questionnaire Responses
of Go-Pak UK Ltd,'' dated October 17, 2024; and, ``Verification of
the Cost Response of Thai Paper Company Limited,'' dated December 2,
2024.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with section
733(e)(1) of the Act, and 19 CFR 351.206(c)(1), that critical
circumstances exist with respect to imports of paper plates from
Thailand for the seven companies \4\ that were non-responsive to our
quantity and value (Q&V) questionnaire. For the final determination,
pursuant to section 735(a)(3)(B) of the Act and 19 CFR 351.206, we
continue to find that critical circumstances exist for these seven
companies. Further, we continue to find that critical circumstances do
not exist with regard to Thai Paper, the companies that responded to
the Q&V questionnaire (i.e., Nirvana Foods & Commerce International
Co., Ltd. (Nirvana); Pandora Production Co (Pandora); and SNC Cup Co.,
Ltd. (SNC Cup)), and all others.
---------------------------------------------------------------------------
\4\ The seven non-responsive companies are: (1) ABC Digital
Technology Co Ltd; (2) Beeconcious Co; (3) Dester Co, Ltd; (4)
Pimlapas Printing Co., Ltd; (5) Sincerely Cargo; (6) Thai Coconut Co
Ltd; and (7) Thai Union Manufacturing Co., Ltd.
---------------------------------------------------------------------------
Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, Commerce assigned
dumping margins on the basis of AFA, pursuant to sections 776(a) and
(b) of the Act, to the seven companies that were non-responsive to the
Q&V questionnaire.\5\ For this final determination, we continue to find
that the application of AFA, pursuant to sections 776(a) and (b) of the
Act, is warranted with respect to the seven non-responsive companies.
---------------------------------------------------------------------------
\5\ See Preliminary Determination, 89 FR at 38080.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
We made changes since the Preliminary Determination to use Thai
Paper's corrected and verified sales databases. For a discussion of
these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act, i.e., facts otherwise available.
For the final determination of this investigation, Thai Paper was
the only individually examined exporter/producer for which Commerce
calculated an individual estimated weighted average dumping margin.
Because Thai Paper's dumping margin is the only individually calculated
dumping margin that is not zero, de minimis, or based entirely on facts
otherwise available, the estimated weighted-average dumping margin
calculated for Thai Paper is the margin assigned to all other producers
and exporters and the non-selected respondents, Nirvana, Pandora, and
SNC Cup.\6\
---------------------------------------------------------------------------
\6\ See, e.g., Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Thai Paper Co., Ltd......................................... 5.57
Nirvana Foods & Commerce International Co., Ltd............. 5.57
Pandora Production Co....................................... 5.57
SNC Cup Co., Ltd............................................ 5.57
ABC Digital Technology Co Ltd............................... * 73.17
Beeconcious Co.............................................. * 73.17
Dester Co, Ltd.............................................. * 73.17
Pimlapas Printing Co., Ltd.................................. * 73.17
Sincerely Cargo............................................. * 73.17
Thai Coconut Co Ltd......................................... * 73.17
Thai Union Manufacturing Co., Ltd........................... * 73.17
All Others.................................................. 5.57
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix II of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after September 5,
2024, the date of publication of the Preliminary Determination in the
Federal Register.
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 finds that
critical circumstances exist for imports of subject merchandise
produced or exported by the seven non-responsive companies. In
accordance with section 733(e)(2)(A) of the Act, the suspension
[[Page 8264]]
of liquidation shall apply to unliquidated entries of shipments of
subject merchandise produced or exported by the seven non-responsive
companies 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. These suspension of
liquidation instructions will remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) the cash deposit rate
for the companies listed above that exported the subject merchandise
will be equal to the company-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not a company identified above but the producer is, then
the cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin established for that producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the estimated weighted-average
dumping margin for all other producers and exporters.
U.S. International Trade Commission Notification (ITC)
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because Commerce's final determination 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 or sales (or the likelihood of sales) for importation of paper
plates no later than 45 days after this final determination. If the ITC
determines that such injury does not exist, this proceeding will be
terminated, all cash deposits posted will be refunded, 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 instruction by Commerce, antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed in the ``Continuation of
Suspension of Liquidation'' section above.
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 final determination and notice are issued and published in
accordance with sections 735(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 Affirmative Determination of Critical Circumstances, in
Part
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether Commerce Should Recalculate Thai Paper's
Quantity Discounts
Comment 2: Whether Commerce Should Find Multiple Levels of Trade
(LOTs) in Thai Paper's Home Market
Comment 3: Whether Commerce Should Incorporate Updated Sales
Databases
Comment 4: Whether Commerce Should Update the Cost Database
VI. Recommendation
[FR Doc. 2025-01809 Filed 1-27-25; 8:45 am]
BILLING CODE 3510-DS-P