[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:
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Estimated weighted-
Exporter/producer average dumping
margin (percent)
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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
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* 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