[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41380-41384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13521]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-918; C-570-153]


Certain Paper Shopping Bags From India and the People's Republic 
of China: Initiation of Countervailing Duty Investigations

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

DATES: Applicable June 20, 2023.

FOR FURTHER INFORMATION CONTACT: Paul Kebker (India) and Seth Brown 
(the People's Republic of China (China)), AD/CVD Operations, Offices IV 
and IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2254 or (202) 482-0029, respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On May 31, 2023, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
certain paper shopping bags (paper bags) from China and India filed in 
proper form on behalf of the Coalition for Fair Trade in Shopping Bags 
(the petitioner).\1\ The CVD petitions were accompanied by antidumping 
duty (AD) petitions concerning imports of paper bags from Cambodia, 
China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of 
Turkey, and the Socialist Republic of Vietnam.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Paper 
Shopping Bags from Cambodia, China, Colombia, India, Malaysia, 
Portugal, Taiwan, Turkey, and Vietnam,'' dated May 31, 2023 
(Petitions). The members of the Coalition for Fair Trade in Shopping 
Bags include Novolex Holdings, LLC (Novolex) and the United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers International Union (USW) (collectively, the 
petitioner).
    \2\ Id.
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    On June 2, 5, 6, and 13, 2023, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\3\ On June 
8, 9, and 15, 2023, the petitioner filed timely responses to these 
requests for additional information.\4\
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    \3\ See Commerce's Letters, ``Petition for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Paper 
Shopping Bags from Cambodia, the People's Republic of China, 
Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, 
and the Socialist Republic of Vietnam: Supplemental Questions,'' 
dated June 2, 2023 (General Issues Questionnaire); ``Petition for 
the Imposition of Countervailing Duties on Imports of Certain Paper 
Shopping Bags from the People's Republic of China: Supplemental 
Questions,'' dated June 5, 2023; and ``Petition for the Imposition 
of Countervailing Duties on Imports of Certain Paper Shopping Bags 
from India: Supplemental Questions,'' dated June 6, 2023; see also 
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated 
June 13, 2023 (June 13, 2023, Memorandum).
    \4\ See Petitioner's Letters, ``Certain Paper Shopping Bags from 
Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, 
Turkey, and Vietnam: Response of Petitioner to Volume I Supplemental 
Questionnaire,'' dated June 8, 2023 (First General Issues 
Supplement); ``Countervailing Duties on Imports of Certain Paper 
Shopping Bags from China: Response of Petitioner to Volume XI 
Supplemental Questionnaire,'' dated June 9, 2023; ``Countervailing 
Duties on Imports of Certain Paper Shopping Bags from India: 
Response of Petitioner to Volume XII Supplemental Questionnaire,'' 
dated June 9, 2023; and ``Certain Paper Shopping Bags from Cambodia, 
China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and 
Vietnam: Response of Petitioner to Commerce's Second Supplemental 
Questions Concerning Volumes I, VI, IX, and X,'' dated June 15, 2023 
(Second General Issue Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) and the Government of India (GOI) are providing countervailable 
subsidies, within the meaning of sections 701 and 771(5) of the Act, to 
producers of paper bags in China and India, and that such imports are 
materially injuring, or threatening material injury to, the domestic 
industry producing in the United States. Consistent with section 
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs 
on which we are initiating CVD investigations, the Petitions are 
supported by information reasonably available to the petitioner.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(F) of the Act.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigations.\6\
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    \5\ See Petitions at Volume I (pages 2-3). The members of the 
Coalition for Fair Trade in Shopping Bags (Novolex and the USW) are 
interested parties, as defined in sections 771(9)(C) and (D) of the 
Act, respectively.
    \6\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
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Periods of Investigation

    Because the Petitions were filed on May 31, 2023, the periods of 
investigation (POI) for China and India are January 1, 2022, through 
December 31, 2022.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations

    The product covered by these investigations is paper bags from 
China and India. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on Scope of the Investigations

    On June 2 and 13, 2023, Commerce requested information from the 
petitioner regarding the proposed scope to ensure that the scope 
language in the Petitions is an accurate reflection of the products for 
which the domestic industry is seeking relief.\8\ On June 8 and 15, 
2023, the petitioner provided

[[Page 41381]]

clarifications and revised the scope.\9\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects these clarifications.
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    \8\ See General Issues Questionnaire; see also June 13, 2023, 
Memorandum at 2.
    \9\ See First General Issues Supplement at 2-7 and Exhibit I-S5; 
see also Second General Issues Supplement at 1 and Exhibit I-2S1.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for parties to raise issues regarding product 
coverage (i.e., scope).\10\ Commerce will consider all scope comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information, all such 
factual information should be limited to public information.\11\ To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on July 10, 
2023, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments, which may include factual information, must be 
filed by 5:00 p.m. ET on July 20, 2023, which is ten calendar days from 
the initial comment deadline.
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    \10\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigations be submitted 
during that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All scope 
comments must also be filed on the record of each of the concurrent AD 
and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\12\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC and the GOI of the receipt of the Petitions and 
provided each an opportunity for consultations with respect to the 
Petitions.\13\ Commerce held consultations with the GOI on June 9, 
2023.\14\ The GOC did not request consultations.
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    \13\ See Commerce's Letters, ``Invitation for Consultations on 
the China CVD Petition,'' dated June 1, 2023; and ``Countervailing 
Duty Petition on Certain Paper Shopping Bags from India: Invitation 
for Consultations to Discuss the Countervailing Duty Petition,'' 
dated June 2, 2023.
    \14\ See Memorandum, ``Consultations with Officials from the 
Government of India,'' dated June 9, 2023.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\15\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\16\
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    \15\ See section 771(10) of the Act.
    \16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\17\ Based on our analysis of the information 
submitted on the record, we have determined that paper bags, as defined 
in the scope, constitute a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\18\
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    \17\ See Petitions at Volume I (pages 10-15 and Exhibits I-10 
through I-12); see also First General Issues Supplement at 10.
    \18\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Commerce's Initiation Checklists, ``Certain Paper Shopping Bags 
from the People's Republic of China'' and ``Certain Paper Shopping 
Bags from India,'' dated concurrently with this notice (Country-
Specific CVD Initiation Checklists), at Attachment II (Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Certain Paper Shopping Bags from Cambodia, the 
People's Republic of China, Colombia, India, Malaysia, Portugal, 
Taiwan, the Republic of Turkey, and the Socialist Republic of 
Vietnam). These checklists are on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2022 production of paper bags for the U.S. producers that support the 
Petitions and compared this to the estimated total 2022 production of 
paper bags by the U.S. industry.\19\ We relied on data

[[Page 41382]]

provided by the petitioner for purposes of measuring industry 
support.\20\
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    \19\ See Petitions at Volume I (pages 4-5 and Exhibits I-2 
through I-4); see also First General Issues Supplement at 7-9 and 
Exhibits I-S6 through I-S8.
    \20\ See Petitions at Volume I (pages 2-5 and Exhibits I-2 
through I-4); see also First General Issues Supplement at 7-9 and 
Exhibits I-S6 through I-S8; Petitioner's Letter, ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Certain Paper Shopping Bags from Cambodia, China, Colombia, India, 
Malaysia, Portugal, Taiwan, Turkey, and Vietnam--Industry Support 
Calculation Revision,'' dated June 9, 2023 (Industry Support 
Supplement), at Attachments A and B; and Second General Issues 
Supplement at 2-3 and Exhibits I-2S2 through I-2S4. For further 
discussion, see Attachment II of the Country-Specific CVD Initiation 
Checklists.
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    Our review of the data provided in the Petitions, the First General 
Issues Supplement, the Industry Support Supplement, the Second General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\21\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\22\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\23\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\24\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\25\
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    \21\ See Petitions at Volume I (pages 2-5 and Exhibits I-1 
through I-4); see also First General Issues Supplement at 7-9 and 
Exhibits I-S6 through I-S8; Industry Support Supplement at 1-2 and 
Attachments A and B; and Second General Issues Supplement at 2-3 and 
Exhibits I-2S2 through I-2S4. For further discussion, see Attachment 
II of the Country-Specific CVD Initiation Checklists.
    \22\ See Attachment II of the Country-Specific CVD Initiation 
Checklists; see also section 702(c)(4)(D) of the Act.
    \23\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \24\ Id.
    \25\ Id.
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Injury Test

    Because China and India are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from China and/or 
India materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from China and India exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\26\
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    \26\ See Petitions at Volume I (pages 18-19 and Exhibit I-15).
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression and/or 
suppression; lost sales and revenues; decline in the domestic 
industry's production, capacity utilization, and U.S. commercial 
shipments; and adverse impact on the domestic industry's profitability 
and financial performance.\27\ We assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence, and 
meet the statutory requirements for initiation.\28\
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    \27\ Id. at 16-31 and Exhibits I-6 and I-13 through I-18; see 
also First General Issues Supplement at 10-12 and Exhibit I-S9.
    \28\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Certain Paper Shopping Bags from Cambodia, the 
People's Republic of China, Colombia, India, Malaysia, Portugal, 
Taiwan, the Republic of Turkey, and the Socialist Republic of 
Vietnam.
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Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of paper bags from China and India benefit from 
countervailable subsidies conferred by the GOC and GOI. In accordance 
with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 65 
days after the date of these initiations.

China

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 17 of 18 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate an investigation of each program, see the 
China CVD Initiation Checklist. A public version of the initiation 
checklist for this investigation is available on ACCESS.

India

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 12 of the 13 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate an investigation of each program, see the 
India CVD Initiation Checklist. A public version of the initiation 
checklist for this investigation is available on ACCESS.

Respondent Selection

    The petitioner identified 26 companies in China and 18 companies in 
India as producers and/or exporters of paper bags.\29\ Commerce intends 
to follow its standard practice in CVD investigations and calculate 
company-specific subsidy rates in these investigations. In the event 
that Commerce determines that the number of companies is large, and it 
cannot individually examine each company based upon Commerce's 
resources, Commerce intends to select mandatory respondents based on 
quantity and value (Q&V) questionnaires issued to the potential 
respondents. Commerce normally selects mandatory respondents in CVD 
investigations using U.S. Customs and Border Protection (CBP) entry 
data for U.S. imports under the appropriate Harmonized Tariff Schedule 
of the United States (HTSUS) subheadings listed in the scope of the 
investigations. However, for these investigations, the main HTSUS 
subheadings under which the subject merchandise would enter 
(4819.30.0040 and 4819.40.0040) are basket categories under which non-
subject merchandise may enter. Therefore, we cannot rely on CBP entry 
data in selecting respondents. Instead, we intend to issue Q&V 
questionnaires to each potential

[[Page 41383]]

respondent for which the petitioner has provided a complete address.
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    \29\ See Petitions at Volume I (Exhibit I-7); see also First 
General Issues Supplement at Exhibit I-S2.
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    Exporters/producers of paper bags from China and India that do not 
receive Q&V questionnaires by mail may still submit a response to the 
Q&V questionnaire and can obtain the Q&V questionnaire from E&C's 
website at https://www.trade.gov/ec-adcvd-case-announcements. Responses 
to the Q&V questionnaire must be submitted by the relevant Indian and 
Chinese producers/exporters no later than 5:00 p.m. ET on July 5, 2023, 
which is the next business day after two weeks from the signature date 
of this notice.\30\ All Q&V responses must be filed electronically via 
ACCESS. An electronically filed document must be received successfully, 
in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline 
noted above. Commerce intends to finalize its decision regarding 
respondent selection within 20 days of publication of this notice.
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    \30\ See 19 CFR 351.303(b)(1) (``For both electronically filed 
and manually filed documents, if the applicable due date falls on a 
non-business day, the Secretary will accept documents that are filed 
on the next business day.''). Two weeks from the initiation of these 
investigation is July 4, 2023, which is a Federal holiday.
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Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOC and GOI via ACCESS. Furthermore, to the extent 
practicable, Commerce will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of paper bags from China and/or India are 
materially injuring, or threatening material injury to, a U.S. 
industry.\31\ A negative ITC determination for either country will 
result in the investigation being terminated with respect to that 
country.\32\ Otherwise, these CVD investigations will proceed according 
to statutory and regulatory time limits.
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    \31\ See section 703(a)(1) of the Act.
    \32\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \33\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\34\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
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    \33\ See 19 CFR 351.301(b).
    \34\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301.\35\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in these 
investigations.\36\
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    \35\ See 19 CFR 351.302.
    \36\ See 19 CFR 301; see also Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \37\ See section 782(b) of the Act.
    \38\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305. 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing 
the required letters of appearance). Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\39\
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    \39\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: June 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

Scope of the Investigations

    The products within the scope of these investigations are paper 
shopping bags with handles of any type, regardless of whether there 
is any printing, regardless of how the top edges are finished (e.g., 
folded, serrated, or otherwise finished), regardless of color, and 
regardless of whether the top edges contain adhesive or other 
material for sealing closed. Subject paper shopping bags have a 
width of at least 4.5 inches and depth of at least 2.5 inches.
    Paper shopping bags typically are made of kraft paper but can be 
made from any type

[[Page 41384]]

of cellulose fiber, paperboard, or pressboard with a basis weight 
less than 300 grams per square meter (GSM).
    A non-exhaustive illustrative list of the types of handles on 
shopping bags covered by the scope include handles made from any 
materials such as twisted paper, flat paper, yarn, ribbon, rope, 
string, or plastic, as well as die-cut handles (whether the punchout 
is fully removed or partially attached as a flap).
    Excluded from the scope are:
     Paper sacks or bags that are of a \1/6\ or \1/7\ barrel 
size (i.e., 11.5-12.5 inches in width, 6.5-7.5 inches in depth, and 
13.5-17.5 inches in height) with flat paper handles or die-cut 
handles;
     Paper sacks or bags with die-cut handles, a grams per 
square meter paper weight of less than 86 GSM, and a height of less 
than 11.5 inches; and
     Shopping bags (i) with non-paper handles made wholly of 
woven ribbon or other similar woven fabric and (ii) that are 
finished with folded tops or for which tied knots or t-bar aglets 
(made of wood, metal, or plastic) are used to secure the handles to 
the bags.
    The above-referenced dimensions are provided for paper bags in 
the opened position. The height of the bag is the distance from the 
bottom fold edge to the top edge (i.e., excluding the height of 
handles that extend above the top edge). The depth of the bag is the 
distance from the front of the bag edge to the back of the bag edge 
(typically measured at the bottom of the bag). The width of the bag 
is measured from the left to the right edges of the front and back 
panels (upon which the handles typically are located).
    The merchandise is currently classifiable under Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 
4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided 
for convenience and customs purposes only; the written description 
of the scope is dispositive.

[FR Doc. 2023-13521 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P