[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Notices]
[Pages 72375-72378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19964]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-839]


Certain Paper Plates From the Socialist Republic of Vietnam: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, 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 plates (paper plates) from the Socialist 
Republic of Vietnam (Vietnam) are being, or are likely to be, sold in 
the United States at less than fair value (LTFV). The period of 
investigation (POI) is July 1, 2023, through December 31, 2023. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable September 5, 2024.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3683.

[[Page 72376]]


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 February 26, 2024.\1\ On June 12, 2024, Commerce postponed 
the preliminary determination of this investigation until August 22, 
2024.\2\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\3\ The deadline for the 
preliminary determination is now August 29, 2024.
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    \1\ See Certain Paper Plates from the People's Republic of 
China, Thailand, and the Socialist Republic of Vietnam: Initiation 
of Less-Than-Fair-Value Investigations, 89 FR 14046 (February 26, 
2024) (Initiation Notice).
    \2\ See Certain Paper Plates from the People's Republic of 
China, Thailand, and the Socialist Republic of Vietnam: Postponement 
of Preliminary Determinations in the Less-Than-Fair-Value 
Investigations, 89 FR 49833 (June 12, 2024).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ 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.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination of Sales at Less Than Fair Value of 
Certain Paper Plates from the Socialist Republic of Vietnam,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is not preliminarily modifying the scope 
language as it appeared in the Initiation Notice. See the scope in 
Appendix I to this notice.
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    \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \6\ See Initiation Notice, 89 FR at 14047.
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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. Because Vietnam is a non-
market economy country, within the meaning of section 771(18) of the 
Act,\7\ Normal value is calculated in accordance with section 773(c) of 
the Act. In addition, pursuant to sections 776(a) and (b) of the Act, 
Commerce preliminarily relied upon facts otherwise available, with 
adverse inferences, for the Vietnam-wide entity. For a full description 
of the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.
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    \7\ See Raw Honey from the Socialist Republic of Vietnam: Final 
Results of Antidumping Duty Changed Circumstances Review, 89 FR 
64411 (August 7, 2024).
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Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances exist for the 
Vietnam-Wide entity but not for Go-Pak Paper Products Vietnam Co., Ltd. 
For a full description of the methodology and results of Commerce's 
analysis, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\8\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\9\ In this investigation, we assigned a 
producer/exporter combination rate for Go-Pak Paper Products Vietnam 
Co., Ltd., i.e., the sole respondent eligible for a separate rate.
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    \8\ See Initiation Notice, 89 FR at 14051.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Preliminary Determination

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

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                                                                                               Cash deposit rate
                                                                             Weighted-average    (adjusted for
                  Exporter                              Producer              dumping margin     export subsidy
                                                                                (percent)      offset) (percent)
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Go-Pak Paper Products Vietnam Co., Ltd.....  Go-Pak Paper Products Vietnam               0.00               0.00
                                              Co., Ltd..
Vietnam-Wide Entity........................  .............................           * 165.27             159.79
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* Rate based on facts available with adverse inferences.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, for companies 
included in the Vietnam-wide entity, 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 which is 90 days 
before 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 weighted-average amount by which normal value exceeds U.S. 
price, as indicated in the table above, as follows: (1) for the 
Vietnam-wide entity, the cash deposit rate is equal to the estimated 
weighted-average dumping margin listed in the table; (2) for all 
combinations of Vietnamese producers/exporters of merchandise under 
consideration that have not established eligibility for their own 
separate rates, the cash deposit rate

[[Page 72377]]

will be equal to the estimated weighted-average dumping margin 
established for the Vietnam-wide entity; and (3) for all third-country 
exporters of merchandise under consideration not listed in the table 
above, the cash deposit rate is the cash deposit rate applicable to the 
Vietnamese producer/exporter combination that supplied that third-
country exporter, or, if the exporter/producer combination does not 
have its own rate, the cash deposit rate will be the Vietnam-wide rate.
    Because the estimated weighted-average dumping margin for a certain 
producer/exporter combination is zero or de minimis (i.e., less than 
0.5 percent), Commerce is directing CBP not to suspend liquidation of 
entries of subject merchandise from that producer/exporter combination. 
Entries of subject merchandise from this exporter supplied by any other 
producer, or from this producer that supplied any other exporter, or 
from third-country exporters that sourced from the excluded producer/
exporter combination, are not entitled to this exclusion from 
suspension of liquidation and are subject to the provisional measures 
at the cash deposit rate established for the Vietnam-wide entity.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combination identified above, 
entries of merchandise from this producer/exporter combination will be 
excluded from the order. Such exclusion will not be applicable to 
merchandise exported to the United States by any other producer/
exporter combinations or by third-country exporters that sourced from 
the excluded producer/exporter combination.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, in part, any suspension of 
liquidation shall apply to unliquidated entries of merchandise entered, 
or withdrawn from warehouse, for consumption on or after the later of: 
(a) the date which is 90 days before the date on which the suspension 
of liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise from the Vietnam-wide entity. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
all unliquidated entries of merchandise from the Vietnam-wide entity 
that were entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before the publication of this notice.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a preliminary 
affirmative determination for domestic subsidy pass-through or export 
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted 
rates may be found in the ``Preliminary Determination'' section's chart 
of estimated weighted-average dumping margins 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 cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
and analysis performed in connection with this preliminary 
determination within five days of its 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). Consistent with 19 
CFR 351.224(e), Commerce will analyze and, if appropriate, correct any 
timely allegations of significant ministerial errors by amending the 
preliminary determination. However, consistent with 19 CFR 351.224(d), 
Commerce will not consider incomplete allegations that do not address 
the significance standard under 19 CFR 351.224(g) following the 
preliminary determination. Instead, Commerce will address such 
allegations in the final determination together with issues raised in 
the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify 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 than seven days after the date on which the last verification 
report is issued in this investigation.\10\ 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.\11\ 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.\12\
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    \10\ Case briefs and rebuttal briefs submitted in response to 
this preliminary determination should not include scope-related 
issues.
    \11\ 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).
    \12\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide a public 
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.\13\ 
Further, we request that interested parties limit their public 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public 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 public 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).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Final Rule.
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    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 in the Federal Register. 
Requests should contain the party's name, address, and telephone 
number, the number of

[[Page 72378]]

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 a date and time to be 
determined. Parties should confirm 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. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of a final antidumping 
duty 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.
    On August 22 and 28, 2024, Go-Pak Paper Products Vietnam Co., Ltd. 
and the American Paper Plate Coalition \15\ (i.e., the petitioner) 
requested that Commerce postpone the final determination and that the 
provisional measures be extended to a period not to exceed six months, 
respectively.\16\ 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.
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    \15\ The members of the Coalition are: AJM Packaging 
Corporation; Aspen Product Inc; Dart Container Corporation; 
Hoffmaster Group, Inc.; Huhtamaki Americas, Inc.; and Unique 
Industries, Inc.
    \16\ See Go-Pak Paper Products Vietnam Co., Ltd.'s Letter, 
``Request to Extend Final Determination,'' dated August 22, 2024; 
and Petitioner's Letter, ``Request to Postpone the Deadline for 
Final Determination,'' August 28, 2024.
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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 of sales at LTFV. 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 certain paper plates from 
Vietnam are materially injuring, or threaten material injury to, the 
U.S. industry.

Notification to Interested Parties

    This preliminary 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: August 29, 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 I

Scope of the Investigation

    The merchandise subject to this investigation is certain paper 
plates. Paper plates subject to this investigation may be cut from 
rolls, sheets, or other pieces of paper and/or paper board. Paper 
plates subject to this investigation have a depth up to and 
including two (2.0) inches, as measured vertically from the base to 
the top of the lip, or the edge if the plate has no lip. Paper 
plates subject to this investigation may be uncolored, white, 
colored, or printed. Printed paper plates subject to this 
investigation may have any type of surface finish, and may be 
printed by any means with images, text and/or colors on one or both 
surfaces. Colored paper plates subject to this investigation may be 
colored by any method, including but not limited to printing, 
beater-dyeing, and dip-dyeing. Paper plates subject to this 
investigation may be produced from paper of any type (including, but 
not limited to, bamboo, straws, bagasse, hemp, kenaf, jute, sisal, 
abaca, cotton inters and reeds, or from non-plant sources, such as 
synthetic resin (petroleum)-based resins), may have any caliper or 
basis weight, may have any shape or size, may have one or more than 
one section, may be embossed, may have foil or other substances 
adhered to their surface, and/or may be uncoated or coated with any 
type of coating.
    The paper plates subject to this investigation remain covered by 
the scope of this investigation whether imported alone, or in any 
combination of subject and non-subject merchandise. When paper 
plates subject to this investigation are imported in combination 
with non-subject merchandise, only the paper plates subject to this 
investigation are subject merchandise.
    The paper plates subject to this investigation include paper 
plates matching the above description that have been finished, 
packaged, or otherwise processed in a third country by performing 
finishing, packaging, or processing that would not otherwise remove 
the merchandise from the scope of the investigation if performed in 
the country of manufacture of the paper plates. Examples of 
finishing, packaging, or other processing in a third country that 
would not otherwise remove the merchandise from the scope of the 
investigation if performed in the country of manufacture of the 
paper plates include, but are not limited to, printing, application 
of other surface treatments such as coatings, repackaging, 
embossing, and application of foil surface treatments.
    Excluded from the scope of this investigation are paper plates 
molded or pressed directly from paper pulp (including but not 
limited to unfelted pulp), which are currently classifiable under 
subheading 4823.70.0020 of the Harmonized Tariff Schedule of the 
United States (HTSUS).
    Also excluded from the scope of this investigation are articles 
that otherwise would be covered but which exhibit the following two 
physical characteristics: (a) depth (measured vertically from the 
base to the top of the lip, or edge if no lip) equal to or greater 
than 1.25 inches but less than two (2.0) inches, and (b) a base not 
exceeding five (5.0) inches in diameter if round, or not exceeding 
20 square inches in area if any other shape.
    Also excluded from the scope of this investigation are paper 
bowls, paper buckets, and paper food containers with closeable lids.
    Paper plates subject to this investigation are currently 
classifiable under HTSUS subheading 4823.69.0040. Paper plates 
subject to this investigation also may be classified under HTSUS 
subheading 4823.61.0040. If packaged with other articles, the paper 
plates subject to this investigation also may be classified under 
HTSUS subheadings 9505.90.4000 and 9505.90.6000. While the HTSUS 
subheading(s) are provided for convenience and customs purposes, the 
written description of the subject merchandise is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Preliminary Affirmative Determination of Critical Circumstances
VII. Adjustment Under Section 777A(F) of the Act
VIII. Adjustment to the Cash Deposit Rate for Export Subsidies
IX. Recommendation

[FR Doc. 2024-19964 Filed 9-4-24; 8:45 am]
BILLING CODE 3510-DS-P