Certain Paper Plates From the People's Republic of China and the Socialist Republic of Vietnam: Countervailing Duty Orders, 13135-13138 [2025-04765]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13135-13138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-165, C-552-840]


Certain Paper Plates From the People's Republic of China and the 
Socialist Republic of Vietnam: Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing countervailing duty (CVD) orders 
on certain paper plates (paper plates) from the People's Republic of 
China (China) and the Socialist Republic of Vietnam (Vietnam).

DATES: Applicable March 20, 2025.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg (Vietnam) and Sun Cho 
(China), AD/CVD Operations, Offices I and V, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-1785 and (202) 482-6458, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 28, 2025, Commerce published in the Federal Register its 
affirmative final determinations in the CVD investigations of paper 
plates from China and Vietnam.\1\ On March 13, 2025, the ITC notified 
Commerce of its final determinations, pursuant to section 705(d) of the 
Tariff Act of 1930, as amended (the Act), that an industry in the 
United States is materially injured within the meaning of section 
705(b)(1)(A)(i) of the Act by reason of imports of paper plates from 
China and Vietnam.\2\
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    \1\ See Certain Paper Plates from the People's Republic of 
China: Final Affirmative Countervailing Duty Determination and Final 
Affirmative Determination of Critical Circumstances, in Part, 90 FR 
8281 (January 28, 2025); and Certain Paper Plates from the Socialist 
Republic of Vietnam: Final Affirmative Countervailing Duty 
Determination and Final Affirmative Determination of Critical 
Circumstances, in Part, 90 FR 8258 (January 28, 2025) (collectively, 
Final Determinations).
    \2\ See ITC's Letter, ``Investigation Nos. 701-TA-704-705 and 
731-TA-1664-1666 (Final),'' dated March 13, 2025.
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Countervailing Duty Orders

    Based on the above-referenced affirmative final determinations by 
the ITC that an industry in the United States is materially injured by 
reason of subsidized imports of paper plates from China and Vietnam, in 
accordance with section 705(c)(2) of the Act, Commerce is issuing these 
CVD orders. Because the ITC determined that imports of paper plates 
from China and Vietnam are materially injuring a U.S. industry, 
unliquidated entries of such merchandise entered or withdrawn from 
warehouse for consumption, are subject to the assessment of 
countervailing duties.
    In addition, the ITC found that critical circumstances exist with 
respect to imports from China subject to

[[Page 13136]]

Commerce's affirmative critical circumstances finding within the 
meaning of section 705(b)(4)(A) of the Act. As a result of Commerce's 
affirmative critical circumstances determination under section 
705(a)(2) of the Act, and the ITC's affirmative critical circumstances 
determination under section 705(b)(4)(A) of the Act, retroactive duties 
will be applied to the relevant imports for a period of 90 days prior 
to the suspension of liquidation (i.e., 90 days prior to the date of 
publication of the affirmative China Preliminary Determination).\3\ The 
ITC found that critical circumstances did not exist with respect to 
Vietnam.
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    \3\ See section 705(c)(4) of the Act; see also SAA at 876 (``If 
both agencies make affirmative critical circumstances determinations 
in their final investigations, retroactive duties will be applied 
for a period ninety days prior to suspension of liquidation.'').
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    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct CBP to assess, upon further instruction by Commerce, 
countervailing duties on all relevant entries of paper plates from 
China and Vietnam. Countervailing duties will be assessed on 
unliquidated entries of paper plates from China entered, or withdrawn 
from warehouse, for consumption, on or after April 2, 2024, which is 90 
days prior to the date of publication of the China Preliminary 
Determination.\4\ Countervailing duties will be assessed on 
unliquidated entries of paper plates from Vietnam entered, or withdrawn 
from warehouse, for consumption, on or after July 1, 2024, which is the 
date of publication of the Vietnam Preliminary Determination.\5\ 
Countervailing duties will not be assessed on entries occurring after 
the expiration of the provisional measures period and before the 
publication of the ITC's final affirmative injury determination, as 
further described in the ``Provisional Measures'' section of this 
notice. With respect to the ITC's negative critical circumstances 
determination on imports of paper plates from Vietnam, Commerce will 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated countervailing duties with respect to 
entries of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after April 2, 2024 (i.e., 90 
days prior to the date of the publication of the Vietnam Preliminary 
Determination), but before July 1, 2024 (i.e., the date of publication 
of Vietnam Preliminary Determination).\6\
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    \4\ 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) (China Preliminary 
Determination); and Certain Paper Plates From the Socialist Republic 
of Vietnam: Preliminary Affirmative Countervailing Duty 
Determination, Preliminary Affirmative Determination of Critical 
Circumstances, in Part, and Alignment of Final Determination With 
Antidumping Duty Determination, 89 FR 54429 (July 1, 2024) (Vietnam 
Preliminary Determination) (collectively, Preliminary 
Determinations).
    \5\ Id.
    \6\ Id.
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Continuation of Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce intends to 
instruct CBP to reinstitute the suspension of liquidation of paper 
plates from China and Vietnam, effective on the date of publication of 
the ITC's final affirmative injury determination in the Federal 
Register, and to assess, upon further instruction by Commerce, pursuant 
to section 706(a)(1) of the Act, countervailing duties on each entry of 
subject merchandise in an amount based on the net countervailable 
subsidy rates below. These instructions suspending liquidation will 
remain in effect until further notice.
    Commerce also intends, pursuant to section 706(a)(1) of the Act, to 
instruct CBP to require cash deposits equal to the amounts as indicated 
below. Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination in the Federal Register, CBP 
will require, at the same time as importers would normally deposit 
estimated customs duties on the subject merchandise, a cash deposit for 
each entry of subject merchandise equal to the subsidy rates listed 
below.\7\ The all-others rates apply to all producers or exporters not 
specifically listed below, as appropriate.
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    \7\ See section 706(a)(3) of the Act.
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Scope of the Orders

    The products covered by these orders are paper plates from China 
and Vietnam. For a complete description of the scope of these orders, 
see the appendix to this notice.

Estimated Countervailing Duty Subsidy Rates

    The estimated CVD subsidy rates are as follows:

    China:

------------------------------------------------------------------------
                                                  Subsidy rate (percent
                    Company                            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.,                  * 295.08
 Ltd...........................................
Zhejiang Kingsun Eco-Pack Co., Ltd.............                 * 295.08
Zhejiang Lingrong Crafts Co., Ltd..............                 * 295.08
All Others.....................................                    10.61
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

    Vietnam:

------------------------------------------------------------------------
                                                  Subsidy rate (percent
                    Company                            ad valorem)
------------------------------------------------------------------------
Go-Pak Paper Products Vietnam Co., Ltd.........                     5.53
Innovative Sonic Vietnam International.........                 * 225.90
Ningbo Changya Plastic Vietnam Company.........                 * 225.90
Ningbo Changya Plastic Vietnam.................                 * 225.90
SCG Vietnam....................................                 * 225.90
Xie Li.........................................                 * 225.90

[[Page 13137]]

 
All Others.....................................                     5.53
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* Rate based on facts available with adverse inferences.

Provisional Measures

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. In the underlying investigations, 
Commerce published the Preliminary Determinations on July 1, 2024.\8\ 
Therefore, entries of paper plates from China and Vietnam made on or 
after October 29, 2024, and prior to the date of publication of the 
ITC's final determinations in the Federal Register, are not subject to 
the assessment of countervailing duties due to Commerce's 
discontinuation of the suspension of liquidation.
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    \8\ See Preliminary Determinations.
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    In accordance with section 703(d) of the Act, Commerce instructed 
CBP to terminate the suspension of liquidation and to liquidate, 
without regard to countervailing duties, unliquidated entries of paper 
plates from China and Vietnam entered, or withdrawn from warehouse, for 
consumption on or after October 29, 2024, the date on which the 
provisional CVD measures expired, through the day preceding the date of 
publication of the ITC final injury determinations in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC final injury determinations in the Federal 
Register.

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\9\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\10\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\11\
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    \9\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \10\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \11\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \12\
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    \12\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \13\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list for those orders for 
which they qualify as an interested party. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entry of appearance each year to continue to be included 
on the annual inquiry service list. However, the petitioners and 
foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the CVD orders with respect to paper plates 
from China and Vietnam pursuant to section 736(a) of the Act. 
Interested parties can find a list of CVD orders currently in effect at 
https://www.trade.gov/data-visualization/adcvd-proceedings.
    These CVD orders are published in accordance with section 706(a) of 
the Act and 19 CFR 351.211(b).

    Dated: March 14, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise subject to these orders is certain paper plates. 
Paper plates subject to these orders may be cut from rolls, sheets, 
or

[[Page 13138]]

other pieces of paper and/or paper board. Paper plates subject to 
these orders 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 these orders may be 
uncolored, white, colored, or printed. Printed paper plates subject 
to these orders 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 these orders may be 
colored by any method, including but not limited to printing, 
beater-dyeing, and dip-dyeing. Paper plates covered by these orders 
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 covered by these orders remain covered by the 
scope of these orders whether imported alone, or in any combination 
of subject and non-subject merchandise. When paper plates covered by 
these orders are imported in combination with non-subject 
merchandise, only the paper plates covered by these orders are 
subject merchandise.
    The paper plates covered by these orders 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 orders 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 orders 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 these orders 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 these orders 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 these orders are paper bowls, 
paper buckets, and paper food containers with closeable lids.
    Paper plates covered by these orders are currently classifiable 
under HTSUS subheading 4823.69.0040. Paper plates covered by these 
orders also may be classified under HTSUS subheading 4823.61.0040. 
If packaged with other articles, the paper plates covered by these 
orders 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.

[FR Doc. 2025-04765 Filed 3-19-25; 8:45 am]
BILLING CODE 3510-DS-P