[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39586-39588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10253]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-849]
Certain Paper Shopping Bags From the Republic of T[uuml]rkiye:
Antidumping Duty Order
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 an antidumping duty order on
certain paper shopping bags (paper shopping bags) from the Republic of
T[uuml]rkiye (T[uuml]rkiye).
DATES: Applicable May 9, 2024.
FOR FURTHER INFORMATION CONTACT: Luke Caruso, 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) 482-2081.
SUPPLEMENTARY INFORMATION:
Background
On March 18, 2024, Commerce published in the Federal Register its
affirmative final determination in the less-than-fair-value (LTFV)
investigation of paper shopping bags from T[uuml]rkiye.\1\ On May 3,
2024, Commerce published in the Federal Register a correction of the
Final Determination.\2\ Pursuant to section 735(d) of the Tariff Act of
1930, as amended (the Act), on May 2, 2024, the ITC notified Commerce
of its affirmative final determination that an industry in the United
States is materially injured, within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of imports of paper shopping bags
from T[uuml]rkiye that are sold in the United States at LTFV.\3\
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\1\ See Certain Paper Shopping Bags from the Republic of Turkey:
Final Affirmative Determination of Sales at Less Than Fair Value, 89
FR 19295 (March 18, 2024) (Final Determination).
\2\ See Certain Paper Shopping Bags from the Republic of
T[uuml]rkiye: Final Affirmative Determination of Sales at Less Than
Fair Value; Correction, 89 FR 36753 (May 3, 2024).
\3\ See ITC's Letter, Investigation No. 731-TA-1626 (Final),
dated May 2, 2024.
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Scope of the Order
The products covered by this order are paper shopping bags from
T[uuml]rkiye. For a complete description of the scope of this order,
see the appendix to this notice.
Antidumping Duty Order
Based on the above-referenced affirmative final determinations, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this antidumping duty order. Moreover, because the ITC
determined that U.S. imports of paper shopping bags from T[uuml]rkiye
are materially injuring a U.S. industry, unliquidated entries of such
merchandise from T[uuml]rkiye, entered or withdrawn from warehouse for
consumption, as described below, are subject to the assessment of
antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price or constructed export price of the merchandise, for all
relevant entries of paper shopping bags from T[uuml]rkiye. With the
exception of entries occurring after expiration of the provisional
measures period, but before publication of the ITC's final affirmative
injury determination, as further described below, antidumping duties
will be assessed on unliquidated U.S. entries of paper shopping bags
from T[uuml]rkiye entered, or withdrawn from warehouse, for consumption
on or after January 3, 2024, the date of publication of the Preliminary
Determination in this investigation in the Federal Register.\4\
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\4\ 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).
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[[Page 39587]]
Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice below, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of paper shopping bags from T[uuml]rkiye. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits at a rate
equal to the estimated weighted-average dumping margins listed in the
table below. Accordingly, effective on the date of publication in the
Federal Register of the notice of the ITC's affirmative final injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit at the rate equal to the relevant estimated weighted-average
dumping margins listed in the table below. The all-others rate applies
to all producers or exporters not specifically listed.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for this antidumping
duty order are as follows:
------------------------------------------------------------------------
Estimated
weighted-
Exporter or 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
Yildez Paper Bag Ambalaj Pazarlama...................... * 47.56
All Others.............................................. 26.32
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* Rate based on the application of adverse facts available.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the Preliminary Determination in this
investigation on January 3, 2024. Commerce did not extend the deadline
for issuing its final determination in this investigation, which it
published in the Federal Register on March 18, 2024. Therefore, the
four-month period beginning on the date of publication of the
Preliminary Determination ended on May 1, 2024.
Consequently, in accordance with section 733(d) of the Act,
Commerce will instruct CBP to terminate the suspension of liquidation,
and to liquidate, without regard to antidumping duties, unliquidated
U.S. entries of paper shopping bags from T[uuml]rkiye entered, or
withdrawn from warehouse, for consumption after May 1, 2024, the final
day on which the provisional measures were in effect, through the day
preceding the date of publication of the ITC's affirmative final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's affirmative final injury determination 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.\5\ On September
27, 2021, Commerce published a notification titled Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions in
the Federal Register.\6\ 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.\7\
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\5\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\6\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\7\ 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
maintained in ACCESS, under each case number, and under a specific
segment type
[[Page 39588]]
called ``AISL-Annual Inquiry Service List.'' \8\
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\8\ 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 in the
annual inquiry service list segment in ACCESS for the order within 30
days after the date of publication of the order in the Federal
Register. For ease of administration, Commerce requests that a law firm
with more than one attorney representing an interested party 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 in the Federal Register.
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. 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.'' \9\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in the
Federal Register 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 entries 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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\9\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
paper shopping bags from T[uuml]rkiye, pursuant to section 736(a) of
the Act. Interested parties can find a list of antidumping duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This antidumping duty order is issued and published in accordance
with section 736(a) of the Act and 19 CFR 351.211(b).
Dated: May 6, 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 Order
The products within the scope of the order 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 \1\ 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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\1\ 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. 2024-10253 Filed 5-8-24; 8:45 am]
BILLING CODE 3510-DS-P