[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19295-19297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05675]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-849]


Certain Paper Shopping Bags From the Republic of Turkey: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain paper shopping bags (paper shopping bags) from the Republic of 
Turkey (Turkey) are being, or are likely to be, sold in the United 
States at less than fair value (LTFV) during the period of 
investigation (POI) April 1, 2022, through March 31, 2023.

DATES: Applicable March 18, 2024.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2769.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2024, Commerce published the preliminary 
determination in this LTFV investigation in the Federal Register.\1\ 
Although we provided interested parties with an opportunity to comment 
on the Preliminary Determination, no interested party submitted 
comments on the Preliminary Determination, other than scope comments, 
which we have addressed in a Final Scope Decision Memorandum.\2\ On 
March 5, 2024, Commerce held a hearing regarding scope comments filed 
in the LTFV investigations of paper shopping bags from Cambodia, the 
People's Republic of China, Colombia, India, Malaysia, Portugal, 
Taiwan, Turkey, and the Socialist Republic of Vietnam.\3\
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    \1\ See Certain Paper Shopping Bags from the Republic of Turkey: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 89 FR 339 (January 3, 2024) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this notice (Final Scope Decision Memorandum).
    \3\ See Memorandum, ``Hearing Schedule,'' dated February 21, 
2024.
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Scope of the Investigation

    The products covered by this investigation are paper shopping bags 
from Turkey. For a complete description of the scope of this 
investigation, see the appendix to this notice.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from parties. Commerce issued a Preliminary Scope Decision 
Memorandum to address these comments and set aside a period of time for 
parties to address scope issues in scope-specific case and rebuttal 
briefs.\4\ We received comments from parties on the Preliminary Scope 
Decision Memorandum, which we address in the Final Scope Decision 
Memorandum. We did not make any changes to the scope of the 
investigation from the scope published in the Preliminary 
Determination.
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    \4\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated December 27, 2023 (Preliminary Scope Decision Memorandum).
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Use of Adverse Facts Available (AFA)

    Pursuant to section 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act), we have continued to assign the specific companies 
that are listed in the table below an estimated weighted-average 
dumping margin based on adverse facts available (AFA), because these 
companies failed to cooperate to the best of their ability in 
responding to Commerce's requests for information. For the reasons 
explained in the Preliminary Determination, and consistent with 
Commerce's practice, as AFA, we assigned these companies the highest 
corroborated dumping margin alleged in the petition.\5\
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    \5\ See, e.g., Welded Stainless Pressure Pipe from Thailand: 
Final Determination of Sales at Less Than Fair Value, 79 FR 31093 
(May 30, 2014), and accompanying Issues and Decision Memorandum 
(IDM) at Comment 3; see also Checklist, ``Antidumping Duty 
Investigation Initiation Checklist,'' dated June 20, 2023 
(Initiation Checklist); and Petitioner's Letter, ``Response of 
Petitioner to Volume IX Supplemental Questionnaire,'' dated June 12, 
2023 at Exhibit IX-S9 (Petition Supplement). The petitioner consists 
of members of the Coalition for Fair Trade in Shopping Bags, which 
include Novolex Holdings, LLC and the United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union.

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[[Page 19296]]

All-Others Rate

    As discussed in the Preliminary Determination, in the absence of a 
calculated estimated weighted-average dumping margin on the record of 
this investigation, and pursuant to section 735(c)(5) of the Act and 
its practice,\6\ Commerce assigned a simple average of the dumping 
margins that were alleged in the Petition, i.e., 26.32 percent,\7\ to 
all other producers and exporters of subject merchandise that are not 
specifically listed in the table below.
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    \6\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying IDM at 
Comment 2.
    \7\ See Initiation Checklist and Petition Supplement.
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Final Determination

    Commerce determines that the following estimated dumping margins 
exist for the period, April 1, 2022, through March 31, 2023:

------------------------------------------------------------------------
                                                      Estimated weighted-
                  Exporter/producer                     average dumping
                                                       margin (percent)
------------------------------------------------------------------------
Artpack Kagit Ambalaj Anonim Sirketi................             * 47.56
Oztas Ambalaj Sanayi ve Ticaret A.S.................             * 47.56
Babet Kagitsilik....................................             * 47.56
Bati Kraft Torba Ambalaj............................             * 47.56
BFT Packaging.......................................             * 47.56
Cicupack Ambalaj....................................             * 47.56
Ekopack Kagit Ambalaj...............................             * 47.56
Elhadefler A.S......................................             * 47.56
Esda Pack Ambalaj...................................             * 47.56
Haypack Ambalaj.....................................             * 47.56
Jefira Global Dis...................................             * 47.56
Kahramanmara[scedil] Ka[gbreve][inodot]t Sanayi ve               * 47.56
 Ticaret Anonim [Scedil]irketi......................
Multi Kraft Ambalaj.................................             * 47.56
Rad Tekstil.........................................             * 47.56
Suleyman Tabak Kagitcilik...........................             * 47.56
Sunvision Tekstil...................................             * 47.56
Umur Basim..........................................             * 47.56
Yildez Paper Bag Ambalaj Pazarlama..................             * 47.56
All Others..........................................               26.32
------------------------------------------------------------------------
* Rate based on AFA.

Disclosure

    Because Commerce received no comments on the Preliminary 
Determination, we have not modified our analysis and no decision 
memorandum accompanies this Federal Register notice. We are adopting 
the Preliminary Determination as the final determination in this 
investigation. Consequently, there are no new calculations to disclose 
in accordance with 19 CFR 351.224(b) for this final determination.

Continuation of Suspension of Liquidation

    Commerce will direct U.S. Customs and Border Protection (CBP) to 
continue to suspend liquidation of entries of the merchandise described 
in the scope of this investigation where that merchandise was entered, 
or withdrawn from warehouse, for consumption on or after January 3, 
2024, which is the date of publication of the Preliminary Determination 
in this investigation in the Federal Register. Pursuant to section 
735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will also 
instruct CBP to require the posting of an antidumping duty cash 
deposit.
    The cash deposit requirements are as follows: (1) the cash deposit 
rate for the companies listed in the table above will be equal to the 
company-specific estimated weighted-average dumping margin listed for 
the company in the table; (2) if the exporter of the subject 
merchandise is not identified in the table 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 of subject merchandise will be equal to the 
all-others estimated weighted-average dumping margin listed in the 
table above.
    These suspension of liquidation instructions will remain in effect 
until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding 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, before the later of 120 days after the 
date that Commerce made its affirmative preliminary determination in 
this investigation or 45 days after the date of this final 
determination. If the ITC determines that material injury, or the 
threat of material injury, does not exist, the proceeding will be 
terminated, and all cash deposits will be refunded. If the ITC 
determines that material injury, or the threat of material injury, 
exists, 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.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance

[[Page 19297]]

with 19 CFR 351.305(a)(3). Timely 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 
the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 
351.210(c).

    Dated: March 11, 2024.
Ryan Majerus,
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 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 \8\ 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.
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    \8\ Paper sacks or bags with handles made of braided or twisted 
materials, such as rope or cord, do not qualify for this exclusion.
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    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.

[FR Doc. 2024-05675 Filed 3-15-24; 8:45 am]
BILLING CODE 3510-DS-P