[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]


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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.
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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 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).
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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.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
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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. 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.
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    \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.
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Preliminary Determination

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

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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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\
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    \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).
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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 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\
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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 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.
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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 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.
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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 
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