[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13139-13142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04764]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-164, A-549-849, A-552-839]
Certain Paper Plates From the People's Republic of China,
Thailand, and the Socialist Republic of Vietnam: Antidumping Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) orders on
certain paper plates (paper plates) from the People's Republic of China
(China), Thailand, and the Socialist Republic of Vietnam (Vietnam).
DATES: Applicable March 20, 2025.
FOR FURTHER INFORMATION CONTACT: Toni Page (China); Ted Pearson
(Thailand); and Bryan Hansen (Vietnam), AD/CVD Operations, Offices I
and VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1398, (202) 482-2631,
and (202) 482-3683, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 28, 2025, Commerce published in the Federal Register its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of paper plates from China, Thailand, and Vietnam.\1\ On
March 13, 2025, the ITC notified Commerce of its final determinations,
pursuant to section 735(d) of the Tariff Act of 1930, as amended (the
Act), that an industry in the United States is materially injured,
within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of
imports of paper plates from China, Thailand, and Vietnam sold at
LTFV.\2\ In addition, the ITC found that critical circumstances exist
with regard to imports of paper plates from China.\3\
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\1\ See Certain Paper Plates From the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
in Part, 90 FR 8271 (January 28, 2025) (China Final Determination);
Certain Paper Plates from Thailand: Final Affirmative Determination
of Sales at Less Than Fair Value and Final Affirmative Determination
of Critical Circumstances, in Part, 90 FR 8262 (January 28, 2025);
and Certain Paper Plates From the Socialist Republic of Vietnam:
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, in Part,
90 FR 8265 (January 28, 2025) (Vietnam Final Determination).
\2\ See ITC's Letter, ``Investigation Nos. 731-TA-1629-1631,
1633, 1636-1638, and 1640 (Final),'' dated March 13, 2025.
\3\ Id.
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Scope of the Orders
The products covered by these orders are paper plates from China,
Thailand, and Vietnam. For a complete description of the scope of these
orders, see the appendix to this notice.
Antidumping Duty Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured by
reason of imports of paper plates from China, Thailand, and Vietnam
sold at LTFV, and, in accordance with sections 735(c)(2) and 736 of the
Act, Commerce is issuing these AD orders. Because the ITC determined
that imports of paper plates from China, Thailand, and Vietnam are
materially injuring a U.S. industry, unliquidated entries of such
merchandise entered or withdrawn from warehouse for consumption, are
subject to the assessment of antidumping duties.
Critical Circumstances--China
In addition, the ITC found that critical circumstances exist with
respect to imports from China subject to Commerce's affirmative
critical circumstances finding within the meaning of section
735(b)(4)(A) of the Act. As a result of Commerce's affirmative critical
circumstances determination, under section 735(a)(3) of the Act, and
the ITC's affirmative critical circumstances determination, under
section 735(b)(4)(A) of the Act, retroactive duties will be applied to
the relevant imports for a period of 90 days prior to the suspension of
liquidation (i.e., 90 days prior to the date of publication of the
affirmative China Preliminary Determination).\4\ The ITC found that
critical circumstances did not exist with respect to Thailand and
Vietnam.
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\4\ See 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, 89 FR 72367 (September 5, 2024)
(China Preliminary Determination); see also section 735(c)(4) of the
Act; see also SAA at 876 (``If both agencies make affirmative
critical circumstances determinations in their final investigations,
retroactive duties will be applied for a period ninety days prior to
suspension of liquidation.'').
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties on
unliquidated entries of paper plates from China. With the exception of
entries occurring after the expiration of the provisional measures
period and before the publication of the ITC's final affirmative injury
determinations, as further described below, antidumping duties will be
assessed on unliquidated entries of paper plates from China entered, or
withdrawn from warehouse, for consumption on or after June 7, 2024
(i.e., 90 days prior to the date of the publication of the China
Preliminary Determination), but before September 5, 2024 (i.e., the
date of publication of the China Preliminary Determination).\5\
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\5\ See China Preliminary Determination.
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Critical Circumstances--Thailand and Vietnam
With respect to the ITC's negative critical circumstances
determination on imports of paper plates from Thailand and Vietnam,
Commerce will instruct CBP to lift suspension of liquidation and to
refund any cash deposits for estimated antidumping duties with respect
to entries of the subject merchandise from Thailand and Vietnam
entered, or withdrawn from warehouse, for consumption on or after June
7, 2024 (i.e., 90 days prior to the date of the publication of the
Thailand Preliminary Determination \6\ and the Vietnam Preliminary
Determination),\7\ but before September 5, 2024 (i.e., the date of
publications of the Thailand
[[Page 13140]]
Preliminary Determination and the Vietnam Preliminary
Determination).\8\
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\6\ See 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, 89 FR 72370 (September 5, 2024) (Thailand
Preliminary Determination).
\7\ See 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, 89 FR 72375 (September 5, 2024)
(Vietnam Preliminary Determination).
\8\ See Thailand Preliminary Determination; see also Vietnam
Preliminary Determination.
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of paper plates from China, Thailand, and Vietnam. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below. The all-others rate applies to
all producers or exporters not specifically listed, as appropriate.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
The exporters of paper plates from China, Thailand, and Vietnam all
requested Commerce to extend the four-month period to six months in
these investigations.\9\
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\9\ See China Preliminary Determination, Thailand Preliminary
Determination, and Vietnam Preliminary Determination (collectively,
Preliminary Determinations).
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For Thailand, and certain companies in China and Vietnam, the
provisional measures period, beginning on the date of publication of
the Preliminary Determinations, ended on March 3, 2025. Therefore, in
accordance with section 733(d) of the Act and our practice,\10\
Commerce will instruct CBP to terminate the suspension of liquidation
and to liquidate, without regard to antidumping duties, unliquidated
entries of paper plates from China, Thailand, and Vietnam entered, or
withdrawn from warehouse, for consumption after March 3, 2025, the
final day on which the provisional measures were in effect, until and
through the day preceding the date of publication of the ITC's final
affirmative injury determinations in the Federal Register. Suspension
of liquidation and the collection of cash deposits will resume on the
date of publication of the ITC's final determinations in the Federal
Register.
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\10\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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For Chinese exporter Fuzhou Hengli Paper Co., Ltd., the provisional
measures period began on the date of publication of the China Final
Determination. Therefore, for certain entries of subject merchandise
exported by Fuzhou Hengli Paper Co., Ltd., in accordance with
735(c)(4)(C) of the Act, Commerce will continue suspension of
liquidation of any unliquidated entries of paper plates from China
entered, or withdrawn from warehouse, for consumption on or after
October 30, 2024, which is 90 days prior to publication of the China
Final Determination.
For Vietnamese exporter Go-Pak Paper Products Vietnam Co., Ltd.,
the provisional measures period began on the date of publication of the
Vietnam Final Determination. Therefore, for certain entries of subject
merchandise exported by Go-Pak Paper Products Vietnam Co., Ltd., in
accordance with 735(c)(4)(C) of the Act, Commerce will continue
suspension of liquidation of any unliquidated entries of paper plates
from Vietnam entered, or withdrawn from warehouse, for consumption on
or after January 28, 2025, which is the date of publication of the
Vietnam Final Determination.
Estimated Dumping Margins
The estimated dumping margins are as follows:
China:
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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 * 515.40 504.86
Technology Co., Ltd.
Ningbo Hongtai Package New Material Fuzhou Hengli Paper Co., Ltd * 515.40 504.86
Technology Co., Ltd.
Jinhua P&P Products Co., Ltd.............. Jinhua P&P Products Co., Ltd 267.63 267.63
Festa Party Products Mfy. (Zhongshan) Co., Festa (Guangzhou) Co., Ltd.. 267.63 267.63
Ltd.
Top Printing Paper Products (Zhongshan) Festa (Guangzhou) Co., Ltd.. 267.63 267.63
Co., Ltd.
Festa Party Products Mfy. (Zhongshan) Co., Festa Limited............... 267.63 267.63
Ltd.
Top Printing Paper Products (Zhongshan) Festa Limited............... 267.63 267.63
Co., Ltd.
Jieyang Weikangda Paper Co., Ltd.......... Fujian Putian Zhonghao Trade 267.63 267.63
Co., Ltd.
Dongyang Founder Paper Product Co., Ltd... Fujian Putian Zhonghao Trade 267.63 267.63
Co., Ltd.
Fuzhou Nicrolandee Arts & Craft Co., Ltd.. Fuzhou Nicrolandee Arts & 267.63 267.63
Craft Co., Ltd.
Zhejiang Lanweier Paper Products Co., Ltd. Hangzhou Enli Paper Products 267.63 267.63
Co. Ltd.
Landward Color Printing Co., Ltd.......... Landward Color Printing Co., 267.63 267.63
Ltd.
Ningbo Hongtai Package New Material Ningbo Feisuo Import & 267.63 267.63
Technology Co., Ltd. Export Co., Ltd.
Ningbo Homelink Eco-Itech Co., Ltd........ Ningbo Homelink Eco-Itech 267.63 267.63
Co., Ltd.
Ningbo Hongtai Package New Material Ningbo Hongtai Package New 267.63 267.63
Technology Co., Ltd. Material Technology Co.,
Ltd.
Ningbo Kosda New Material Technology Co., Ningbo Kosda New Material 267.63 267.63
Ltd. Technology Co., Ltd.
Ningbo Goldland Industry and Technology Ningbo Qtop Import & Export 267.63 267.63
Co., Ltd. Co., Ltd.
Zhejiang Lingrong Crafts Co., Ltd......... Ningbo Qtop Import & Export 267.63 267.63
Co., Ltd.
[[Page 13141]]
Qingdao Robana Paper Product Co., Ltd..... Qingdao Gold Top Trade Co. 267.63 267.63
Ltd.
Qingdao Wonderful Industry and Trade Co. Qingdao Wonderful Industry 267.63 267.63
Ltd. and Trade Co. Ltd.
Shandong Boao Package Co., Ltd............ Shandong Boao Package Co., 267.63 267.63
Ltd.
Festa Party Products Mfy. (Zhongshan) Co., Xanadu Industrial Limited... 267.63 267.63
Ltd.
Top Printing Paper Products (Zhongshan) Xanadu Industrial Limited... 267.63 267.63
Co., Ltd.
Hangzhou Enli Paper Products Co., Ltd..... Yeko Trading Limited........ 267.63 267.63
China-Wide Entity......................... ............................ * 515.40 515.40
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* Rate based on facts available with adverse inferences.
Thailand AD:
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Weighted-average
Exporter/producer dumping margin
(percent)
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Thai Paper Co., Ltd................................. 5.57
Nirvana Foods & Commerce International Co., Ltd..... 5.57
Pandora Production Co............................... 5.57
SNC Cup Co., Ltd.................................... 5.57
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.......................................... 5.57
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* Rate based on facts available with adverse inferences.
Vietnam AD:
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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 30.42 24.89
Vietnam Co., Ltd.
Vietnam-Wide Entity....................... ............................ * 165.27 159.74
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* Rate based on facts available with adverse inferences.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\11\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\12\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\13\
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\11\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\12\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\13\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
order. Each annual inquiry service list will be saved in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \14\
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\14\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry
[[Page 13142]]
service list segment for the order in ACCESS within 30 days after the
date of publication of the order. For ease of administration, Commerce
requests that law firms with more than one attorney representing
interested parties in an order designate a lead attorney to be included
on the annual inquiry service list. Commerce will finalize the annual
inquiry service list within five business days thereafter. As mentioned
in the Procedural Guidance, the new annual inquiry service list will be
in place until the following year, when the Opportunity Notice for the
anniversary month of the order is published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \15\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entry of appearance each year to continue to be included
on the annual inquiry service list. However, the petitioners and
foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\15\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD orders with respect to paper plates
from China, Thailand, and Vietnam pursuant to section 736(a) of the
Act. Interested parties can find a list of AD orders currently in
effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
These AD orders are published in accordance with section 736(a) of
the Act and 19 CFR 351.211(b).
Dated: March 14, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise subject to these orders is certain paper plates.
Paper plates subject to these orders may be cut from rolls, sheets,
or other pieces of paper and/or paper board. Paper plates subject to
these orders 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 these orders may be
uncolored, white, colored, or printed. Printed paper plates subject
to these orders 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 these orders may be
colored by any method, including but not limited to printing,
beater-dyeing, and dip-dyeing. Paper plates covered by these orders
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 covered by these orders remain covered by the
scope of these orders whether imported alone, or in any combination
of subject and non-subject merchandise. When paper plates covered by
these orders are imported in combination with non-subject
merchandise, only the paper plates covered by these orders are
subject merchandise.
The paper plates covered by these orders 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 these orders 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 these orders 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 these orders are paper bowls,
paper buckets, and paper food containers with closeable lids.
Paper plates covered by these orders are currently classifiable
under HTSUS subheading 4823.69.0040. Paper plates covered by these
orders also may be classified under HTSUS subheading 4823.61.0040.
If packaged with other articles, the paper plates covered by these
orders 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.
[FR Doc. 2025-04764 Filed 3-19-25; 8:45 am]
BILLING CODE 3510-DS-P