[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 336-339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28940]



[[Page 336]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-917]


Certain Paper Shopping Bags From India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Determination of Critical Circumstances, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain paper shopping bags (paper bags) from India are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is April 1, 2022, 
through March 31, 2023. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable January 3, 2024.

FOR FURTHER INFORMATION CONTACT: Gorden Struck, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8151.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation in the Federal 
Register on June 27, 2023.\1\ On October 3, 2023, Commerce postponed 
the preliminary determination of this investigation until December 27, 
2023.\2\
---------------------------------------------------------------------------

    \1\ See 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: 
Initiation of Less-Than-Fair-Value, 88 FR 41589 (June 27, 2023) 
(Initiation Notice).
    \2\ See 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: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value, 88 FR 68097 (October 03, 2023).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Paper Shopping Bags from India'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are paper bags from 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ in 
the Initiation Notice, Commerce set aside a period of time for parties 
to raise issues regarding product coverage (i.e., scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice. For a summary of the product 
coverage comments and rebuttal responses submitted to the record for 
this investigation and accompanying discussion and analysis of all 
comments timely received, see the Preliminary Scope Decision 
Memorandum.\6\ As discussed in the Preliminary Scope Decision 
Memorandum, Commerce preliminarily modified the scope language as it 
appeared in the Initiation Notice. In the Preliminary Scope Decision 
Memorandum, Commerce established the deadline for parties to submit 
scope case and rebuttal briefs.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 88 FR at 41590.
    \6\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated concurrently with this notice (Preliminary Scope Decision 
Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. Furthermore, pursuant to 
sections 776(a) and (b) of the Act, Commerce preliminarily has relied 
upon facts otherwise available, with adverse inferences (AFA) for Apex 
Paper and Plastic and Film, Asha Overseas, Godhani Exports, and Pack 
Easy Paper Products. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances do not exist 
with respect to imports of paper bags from India for the two mandatory 
respondents, Aero Plast Packaging Solution Private Limited (APSL) and 
Kuloday Plastomers Pvt Ltd. (KPPL), and all other Indian producers and 
exporters. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Preliminary 
Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    Commerce preliminarily determined a zero rate for APSL. Therefore, 
the only rate that is not zero, de minimis or based entirely on facts 
otherwise available is the rate calculated for KPPL. Consequently, the 
rate calculated for KPPL is also assigned as the rate for all other 
producers and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist: \7\
---------------------------------------------------------------------------

    \7\ Commerce preliminarily determines that Aero Plast Packaging 
Solutions Private Limited, Aeroplast Limited, and Aero Business 
Solutions Private Limited are a single entity. See Preliminary 
Decision Memorandum.

[[Page 337]]



------------------------------------------------------------------------
                                                       Cash deposit rate
                                   Weighted-average      (adjusted for
        Exporter/producer           dumping margin    subsidy offset(s))
                                       (percent)           (percent)
------------------------------------------------------------------------
Aero Plast Packaging Solutions                  0.00      Not Applicable
 Private Limited; Aeroplast
 Limited; Aero Business
 Solutions Private Limited......
Kuloday Plastomers Pvt Ltd......               10.64                7.17
Adeera Packaging Pvt. Ltd.......               10.64                7.17
Amate Products Pvt Ltd..........               10.64                7.17
Apex Paper and Plastic and Film.             * 57.87               54.40
Archies Limited.................               10.64                7.17
Asha Overseas...................             * 57.87               54.40
Carrywell Packaging Pvt Ltd.....               10.64                7.17
Colorbox........................               10.64                7.17
Dynaflex Private Limited........               10.64                7.17
Godhani Exports.................             * 57.87               54.40
Pack Easy Paper Products........             * 57.87               54.40
Pack Planet Pvt Ltd.............               10.64                7.17
Poonam..........................               10.64                7.17
Shriniwas Enterprises...........               10.64                7.17
Tejaswi Plastic Pvt Ltd.........               10.64                7.17
The Velvin Group (DBA Velvin                   10.64                7.17
 Packaging Solutions Pvt. Ltd.
 and Velvin Paper Products).....
Vama Packaging..................               10.64                7.17
All Others......................               10.64                7.17
------------------------------------------------------------------------
* Rate based on AFA.

    Consistent with section 733(b)(3) of the Act, Commerce disregards 
de minimis rates and preliminarily determines that APSL, the 
individually examined respondent with a zero rate, has not made sales 
of subject merchandise at LTFV.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with this preliminary 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 accordance with 19 CFR 351.224(b).

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), 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 respondents 
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination; 
(2) if the exporter is not a respondent 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, except as explained below; and (3) 
the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin.
    Because the estimated weighted-average dumping margin for APSL is 
zero, entries of shipments of subject merchandise from this company 
will not be subject to suspension of liquidation or cash deposit 
requirements. In such situations, Commerce applies the exclusion to the 
provisional measures to the producer/exporter combination that was 
examined in the investigation. Accordingly, Commerce is directing CBP 
not to suspend liquidation of entries of subject merchandise produced 
and exported by APSL. Entries of shipments of subject merchandise from 
this company in any other producer/exporter combination, or by third 
parties that sourced subject merchandise from the excluded producer/
exporter combination, are subject to the provisional measures at the 
all-others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combination identified above, 
entries of shipments of subject merchandise from the producer/exporter 
combination will be excluded from the potential antidumping duty order. 
Such an exclusion is not applicable to merchandise exported to the 
United States by this respondent in any other producer/exporter 
combination or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margins by 
the appropriate CVD rate. Any such adjusted cash deposit rate may be 
found in the ``Preliminary Determination'' section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping duty cash deposits unadjusted for countervailed export 
subsidies at the time that the provisional CVD measures expire. These 
suspension of liquidation instructions will remain in effect until 
further notice.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later

[[Page 338]]

than seven days after the date on which the last verification report is 
issued in this investigation.\8\ A timeline for the submission of case 
briefs and written comments will be notified to interested parties at a 
later date. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\9\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\10\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \10\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\11\ 
Further, we request that interested parties limit their executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\12\
---------------------------------------------------------------------------

    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.\13\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.210(e)(2).
---------------------------------------------------------------------------

    On November 21, 2023, Coalition for Fair Trade in Shopping Bags 
(the petitioner) requested that Commerce postpone the final 
determination in the event of a negative preliminary determination.\14\ 
On November 28, 2023, pursuant to 19 CFR 351.210(e), KPPL requested 
that Commerce postpone the final determination in the event of an 
affirmative preliminary determination and that provisional measures be 
extended to a period not to exceed six months.\15\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: 
(1) the preliminary determination is affirmative; (2) the requesting 
exporter accounts for a significant proportion of exports of the 
subject merchandise; and (3) no compelling reasons for denial exist, 
Commerce is postponing the final determination and extending the 
provisional measures from a four-month period to a period not greater 
than six months. Accordingly, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.
---------------------------------------------------------------------------

    \14\ See Petitioner's Letter, ``Certain Paper Shopping Bags from 
Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, 
Turkey, and Vietnam/Petitioner's Request for Postponement of the 
Final Determinations,'' dated November 21, 2023.
    \15\ See KPPL's Letter, ``Request to Extend Final 
Determination,'' dated November 28, 2023.
---------------------------------------------------------------------------

U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports of paper bags from India are materially injuring, 
or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The products within the scope of this investigation 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 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
     Paper sacks or bags (i) with non-paper handles made 
wholly of woven ribbon or other similar woven fabric \16\ and (ii) 
that are finished with folded tops or for which tied knots or t-bar 
aglets (made of wood, metal,

[[Page 339]]

or plastic) are used to secure the handles to the bags.
---------------------------------------------------------------------------

    \16\ Paper sacks or bags with handles made of braided or twisted 
materials, such as rope or cord, do not qualify for this exclusion.
---------------------------------------------------------------------------

    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).
    This 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.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Use of Facts Available With Adverse Inferences
V. Discussion of the Methodology
VI. Preliminary Negative Determination of Critical Circumstances
VII. Currency Conversion
VIII. Adjustments to Cash Deposits Rates for Export Subsidies in 
Companion Countervailing Duty Investigation
IX. Recommendation

[FR Doc. 2023-28940 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P