[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Notices]
[Pages 72370-72373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19972]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-849]
Certain Paper Plates From Thailand: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Affirmative
Determination of Critical Circumstances, in Part, and 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 from Thailand are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is January 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: Ted Pearson, 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) 482-2631.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended
[[Page 72371]]
(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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Paper Plates from Republic of Thailand,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain paper plates
from Thailand. 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.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
---------------------------------------------------------------------------
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. In addition, pursuant to
section 776(a) and (b) of the Act, Commerce preliminarily relied upon
facts otherwise available, with adverse inferences for certain
companies. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e)(1) of the Act and 19 CFR
351.206(c), Commerce preliminarily determines that critical
circumstances exist for the seven companies that were non-responsive to
the quantity and value (Q&V) questionnaire (i.e., ABC Digital
Technology Co Ltd, Beeconcious Co, Dester Co, Ltd, Pimlapas Printing
Co., Ltd, Sincerely Cargo, Thai Coconut Co Ltd, and Thai Union
Manufacturing Co., Ltd.) to which we are applying adverse inferences.
However, we determine that critical circumstances do not exist with
respect to Thai Paper, the three companies responsive to the Q&V
questionnaire (i.e., Nirvana Foods & Commerce International Co., Ltd.
(Nirvana), Pandora Production Co (Pandora), and SNC Cup Co., Ltd. (SNC
Cup)), and all other producers/exporters. For a full description of the
methodology and results of Commerce's analysis, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(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.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin for the sole mandatory respondent, Thai Paper,
that is not zero, de minimis, or based entirely on facts otherwise
available. Commerce calculated no other weighted-average dumping
margins. Therefore, Commerce is using the individual estimated subsidy
rate calculated for Thai Paper as the all-others rate.
We received timely Q&V responses from the following companies in
addition to the mandatory respondent: Nirvana; \7\ Pandora; \8\ and SNC
Cup.\9\ Nirvana, Pandora, and SNC Cup: (1) were not selected as
mandatory respondents; (2) responded to our Q&V questionnaire in a
timely manner; and (3) were not otherwise collapsed with a mandatory
respondent. Accordingly, these companies are subject to the all-others
rate.
---------------------------------------------------------------------------
\7\ See Nirvana's Letter, ``Response to Questionnaire,'' dated
March 18, 2024.
\8\ See Memorandum, ``Quantity and Value Questionnaire of
Pandora Production Co,'' dated March 21, 2024.
\9\ See SNC Cup's Letter, ``Quantity and Value Questionnaire,''
dated March 20, 2024.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Thai Paper Co., Ltd..................................... 4.23
Nirvana Foods & Commerce International Co., Ltd......... 4.23
Pandora Production Co................................... 4.23
SNC Cup Co., Ltd........................................ 4.23
ABC Digital Technology Co Ltd........................... * 73.17
Beeconcious Co.......................................... * 73.17
Dester Co, Ltd.......................................... * 73.17
Pimlapas Printing Co., Ltd.............................. * 73.17
Sincerely Cargo......................................... * 73.17
Thai Coconut Co Ltd..................................... * 73.17
Thai Union Manufacturing Co., Ltd....................... * 73.17
All Others.............................................. 4.23
------------------------------------------------------------------------
* Rates based on facts available with adverse inferences.
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, as discussed below.
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 margins or the estimated all-
others rate, as follows: (1) the cash deposit rate for
[[Page 72372]]
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; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject 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 the seven companies that
did not respond to the Q&V questionnaire (i.e., ABC Digital Technology
Co Ltd; Beeconcious Co; Dester Co, Ltd; Pimlapas Printing Co., Ltd;
Sincerely Cargo; Thai Coconut Co Ltd; and Thai Union Manufacturing Co.,
Ltd.). In accordance with section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to unliquidated entries of
shipments of subject merchandise from the producers/exporters
identified in this paragraph that were entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the publication of this notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
and analysis 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).
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 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 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\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\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 CFR 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.\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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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 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. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
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 9 and 28, 2024, Thai Paper 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
[[Page 72373]]
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.
---------------------------------------------------------------------------
\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 Thai Paper's Letter, ``Request to Postpone the Deadline
for Final Determination,'' August 9, 2024; and Petitioner's Letter,
``Request to Postpone the Deadline for Final Determination,'' August
28, 2024.
---------------------------------------------------------------------------
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
Thailand 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 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. Scope Comments
V. Scope of the Investigation
VI. Affiliation
VII. Use of Facts Available with Adverse Inferences
VIII. Discussion of the Methodology
IX. Preliminary Affirmative Determination of Critical Circumstances
X. Currency Conversion
XI. Recommendation
[FR Doc. 2024-19972 Filed 9-4-24; 8:45 am]
BILLING CODE 3510-DS-P