[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Notices]
[Pages 72367-72370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19975]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-164]
Certain Paper Plates From the People's Republic of China:
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 People's
Republic of China (China) 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: Tylar Lewis, Toni Page, or Lingjun
Wang, AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6009, (202) 482-1398, or (202) 482-2316, respectively.
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 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 the People's Republic of China,'' 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 paper plates from
China. 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, 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 China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act. Furthermore, pursuant to sections 776(a) and (b) of the
Act, Commerce preliminarily relied upon facts otherwise available, with
adverse inferences, for the China-wide entity, which includes: (1)
Anhui Yiqin Co., Ltd.; (2) Ningbo Artcool Co., Ltd.; (3) Ningbo Fenghua
Yongfa Printing Stationery Co., Ltd.; (4) Shaoneng Group Guangdon
Luzhou ECO Technology Co., Ltd.; (5) Yuyao Hongxiang Printing Co.,
Ltd.; (6) Zhejiang Kingsun Eco-Pack Co., Ltd.; (7) Zhejiang Xieli
Science & Technology Co., Ltd.; (8) Guangdong Shaoneng Group Luzhou
Technology Development Co., Ltd.; and (9) Paper World Limited. For a
full description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist
with respect to imports of paper plates from China for Jinhua P&P
Products Co., Ltd (Jinhua), the non-selected companies eligible for a
separate rate, and the China-wide entity, but that critical
circumstances do not exist for Fuzhou Hengli Paper Co., Ltd. (Fuzhou
Hengli) and its unaffiliated producers. For a full description of the
methodology and results of Commerce's critical circumstances analysis,
see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ 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.\8\
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\7\ See Initiation Notice, 89 FR at 14051.
\8\ 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://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 72368]]
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Cash deposit rate
Estimated weighted- (adjusted for
Producer Exporter average dumping subsidy offsets)
margin (percent) (percent)
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Guangdong Ecosource Environmental Fuzhou Hengli Paper Co., Ltd 0.00 Not Applicable
Technology Co., Ltd.
Ningbo Hongtai Package New Material Fuzhou Hengli Paper Co., Ltd 0.00 Not Applicable
Technology Co., Ltd.
Jinhua P&P Products Co., Ltd............. Jinhua P&P Products Co., Ltd 650.48 650.48
Festa Party Products Mfy. (Zhongshan) Festa (Guangzhou) Co., Ltd.. 650.48 650.48
Co., Ltd.
Top Printing Paper Products (Zhongshan) Festa (Guangzhou) Co., Ltd.. 650.48 650.48
Co., Ltd.
Festa Party Products Mfy. (Zhongshan) Festa Limited............... 650.48 650.48
Co., Ltd.
Top Printing Paper Products (Zhongshan) Festa Limited............... 650.48 650.48
Co., Ltd.
Jieyang Weikangda Paper Co., Ltd......... Fujian Putian Zhonghao Trade 650.48 650.48
Co., Ltd.
Dongyang Founder Paper Product Co., Ltd.. Fujian Putian Zhonghao Trade 650.48 650.48
Co., Ltd.
Fuzhou Nicrolandee Arts & Craft Co., Ltd. Fuzhou Nicrolandee Arts & 650.48 650.48
Craft Co., Ltd.
Zhejiang Lanweier Paper Products Co., Ltd Hangzhou Enli Paper Products 650.48 650.48
Co. Ltd.
Landward Color Printing Co., Ltd......... Landward Color Printing Co., 650.48 650.48
Ltd.
Ningbo Hongtai Package New Material Ningbo Feisuo Import & 650.48 650.48
Technology Co., Ltd. Export Co., Ltd.
Ningbo Homelink Eco-Itech Co., Ltd....... Ningbo Homelink Eco-Itech 650.48 650.48
Co., Ltd.
Ningbo Hongtai Package New Material Ningbo Hongtai Package New 650.48 650.48
Technology Co., Ltd. Material Technology Co.,
Ltd.
Ningbo Kosda New Material Technology Co., Ningbo Kosda New Material 650.48 650.48
Ltd. Technology Co., Ltd.
Ningbo Goldland Industry and Technology Ningbo Qtop Import & Export 650.48 650.48
Co., Ltd. Co., Ltd.
Zhejiang Lingrong Crafts Co., Ltd........ Ningbo Qtop Import & Export 650.48 650.48
Co., Ltd.
Qingdao Robana Paper Product Co., Ltd.... Qingdao Gold Top Trade Co. 650.48 650.48
Ltd.
Qingdao Wonderful Industry and Trade Co. Qingdao Wonderful Industry 650.48 650.48
Ltd. and Trade Co. Ltd.
Shandong Boao Package Co., Ltd........... Shandong Boao Package Co., 650.48 650.48
Ltd.
Festa Party Products Mfy. (Zhongshan) Xanadu Industrial Limited... 650.48 650.48
Co., Ltd.
Top Printing Paper Products (Zhongshan) Xanadu Industrial Limited... 650.48 650.48
Co., Ltd.
Hangzhou Enli Paper Products Co., Ltd.... Yeko Trading Limited........ 650.48 650.48
China-Wide Entity........................ ............................ *1039.05 1039.05
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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, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
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 weighted average amount by which normal value exceeds U.S.
price, as indicated in the chart above as follows: (1) for the
producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
China producers/exporters of merchandise under consideration that have
not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the China producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
Because the estimated weighted-average dumping margin for certain
producer/exporter combinations are zero, Commerce is directing CBP not
to suspend liquidation of entries of subject merchandise from those
producer/exporter combinations. Entries of subject merchandise from
these exporters supplied by any other producer, or from these producers
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 China-wide entity.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combinations identified above,
entries of merchandise from these producer/exporter combinations will
be excluded from the order. Such exclusion(s) 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 combinations.
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 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 following producer/exporter combinations: Jinhua
P&P Products Co., Ltd., separate rate companies, and the China-wide
entity. In accordance with section 733(e)(2)(A) of the Act, the
suspension of liquidation
[[Page 72369]]
shall apply to all unliquidated entries of merchandise from the
producer/exporter combinations 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.
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. We preliminarily determine that Fuzhou Hengli is not
entitled to an adjustment for domestic subsidies passed-through because
it did not receive a countervailable subsidy (other than export
subsidy) that affects manufacturing cost of the subject merchandise. We
preliminarily determine that Jinhua is not entitled to an adjustment
for domestic subsidies passed-through because it failed to demonstrate
a subsidy-to-cost link and a cost-to-price link. In addition, in the
preliminary determination of the companion CVD investigation of paper
plates from China, Commerce determined that Fuzhou Hengli, but not
Jinhua, benefited from certain subsidy programs contingent on
exports.\9\ In this investigation, we made no adjustment to the
estimated dumping margins for export subsidies of either company
because Fuzhou Hengli's dumping margin is zero and Jinhua's export
subsidy rate is zero in the companion CVD investigation.\10\
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\9\ See Certain Paper Plates from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and Alignment of Final Determination with Final Antidumping
Duty Determination, 89 FR 54432 (July 1, 2024).
\10\ Id.
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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
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 may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last final verification report is
issued in this investigation.\11\ 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.\12\ 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.\13\
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\11\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\12\ 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).
\13\ 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 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.\14\
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 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ 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. 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 time and date to be
determined.
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 petitioners. 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.
Fuzhou Hengli, Jinhua, and the American Paper Plate Coalition \16\
(the
[[Page 72370]]
petitioner) requested that Commerce postpone the final determination
and that provisional measures be extended to a period not to exceed six
months.\17\ 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 exporters account 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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\16\ 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.
\17\ See Fuzhou Hengli's Letter, ``Fuzhou Hengli's Request for
Final Extension of Determination and Postponement of Provisional
Measures,'' dated August 27, 2024; see also Petitioner's Letter,
``Petitioner's Request to Postpone the Final Antidumping Duty
Investigations,'' August 28, 2024; and Jinhua's Letter, ``Request to
Extend Final Determination,'' August 29, 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 imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This 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. Preliminary Affirmative Determination of Critical Circumstances,
In Part
VI. Adjustment Under Section 777(A)(F) of the Act
VII. Adjustments to Cash Deposit Rates for Export Subsidies In the
Companion Countervailing Duty Investigation
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2024-19975 Filed 9-4-24; 8:45 am]
BILLING CODE 3510-DS-P