[Federal Register Volume 90, Number 70 (Monday, April 14, 2025)]
[Notices]
[Pages 15544-15549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06285]
[[Page 15544]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-203, A-552-850]
Polypropylene Corrugated Boxes From the People's Republic of
China and the Socialist Republic of Vietnam: Initiation of Less-Than-
Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 7, 2025.
FOR FURTHER INFORMATION CONTACT: Brian Warnes (the People's Republic of
China (China)) and Alexander Cipolla (the Socialist Republic of Vietnam
(Vietnam)), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0028
and (202) 482-4956, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On March 18, 2025, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of
polypropylene corrugated boxes from China and Vietnam filed in proper
form on behalf of CoolSeal USA Inc., Inteplast Group Corporation, SeaCa
Plastic Packaging, and Technology Container Corp. (the petitioners),
domestic producers of polypropylene corrugated boxes.\1\ The AD
Petitions were accompanied by a countervailing duty (CVD) petition
concerning imports of polypropylene corrugated boxes from China.\2\
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\1\ See Petitioners' Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated March 18, 2025
(Petitions).
\2\ Id.
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On March 20 and 28, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ On March 25, 26, and 31, 2025, the
petitioners filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
March 20, 2025 (First General Issues Questionnaire) and Country-
Specific Supplemental Questionnaires: China Supplemental and Vietnam
Supplemental, dated March 20, 2025; see also Memoranda, ``Phone Call
with Counsel to the Petitioners,'' dated March 28, 2025 (March 28
General Issues and China AD Memorandum); ``Phone Call with Counsel
to the Petitioners,'' dated March 28, 2025; and Memorandum, ``Phone
Call with Counsel to the Petitioners,'' dated April 1, 2025.
\4\ See Petitioners' Letters, ``Petitioners' Supplement to
Volume I of the Petition for the Imposition of Antidumping and
Countervailing Duties,'' dated March 25, 2025 (First General Issues
Supplement); see also ``Country-Specific AD Supplemental Response:
First China AD Supplement,'' dated March 25, 2025; ``Country-
Specific AD Supplemental Response: First Vietnam AD Supplement,''
dated March 26, 2025; ``Petitioners' Second Supplement to Volume I
of the Petition for the Imposition of Antidumping Duties,'' dated
March 31, 2025 (Second General Issues Supplement); ``Petitioners'
Second Supplement to Volume III of the Petition for the Imposition
of Antidumping Duties,'' dated March 31, 2025, and ``Petitioners'
Submission of Certifications,'' dated April 2, 2025.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of polypropylene
corrugated boxes from China and Vietnam are being, or are likely to be,
sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the
polypropylene corrugated boxes industry in the United States.
Consistent with section 732(b)(1) of the Act, the Petitions were
accompanied by information reasonably available to the petitioners
supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in section 771(9)(C) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested LTFV investigations.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Period of Investigation (POI)
Because the Petitions were filed on March 18, 2025, and because
China and Vietnam are non-market economy (NME) countries, pursuant to
19 CFR 351.204(b)(1), the POI for the China and Vietnam LTFV
investigations is July 1, 2024, through December 31, 2024.
Scope of the Investigations
The products covered by these investigations are polypropylene
corrugated boxes from China and Vietnam. For a full description of the
scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On March 20 and 28, 2025, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\6\ On March 25 and 31, 2025, the petitioners provided
clarifications and revised the scope.\7\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\6\ See First General Issues Questionnaire; see also March 28
General Issues and China AD Memorandum.
\7\ See First General Issues Supplement at 4-11 and Exhibit GEN-
SUPP-1; see also Second General Issues Supplement at 2-5.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\9\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on April 28, 2025, which is the next business day after 20
calendar days from the signature date of this notice.\10\ Any rebuttal
comments, which may include factual information, and should also be
limited to public information, must be filed by 5:00 p.m. ET on May 8,
2025, which is 10 calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b)(1). The deadline for scope comments
falls on April 27, 2025, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept comments filed by 5:00 p.m.
ET on April 28, 2025 (``For both electronically filed and manually
filed documents, if the applicable due date falls on a non-business
day, the Secretary will accept documents that are filed on the next
business day.'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and
[[Page 15545]]
Compliance's Antidumping Duty and Countervailing Duty Centralized
Electronic Service System (ACCESS), unless an exception applies.\11\ An
electronically filed document must be received successfully in its
entirety by the time and date it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of polypropylene corrugated
boxes to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOPs) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on April
28, 2025, which is the next business day after 20 calendar days from
the signature date of this notice.\12\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on May 8, 2025, which is 10
calendar days from the initial comment deadline. All comments and
submissions to Commerce must be filed electronically using ACCESS, as
explained above, on the record of the each of the LTFV investigations.
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\12\ See 19 CFR 351.303(b)(1). The deadline for product
characteristics comments falls on April 27, 2025, which is a Sunday.
In accordance with 19 CFR 351.303(b)(1), Commerce will accept
comments filed by 5:00 p.m. ET on April 28, 2025 (``For both
electronically filed and manually filed documents, if the applicable
due date falls on a non-business day, the Secretary will accept
documents that are filed on the next business day.'').
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that polypropylene
corrugated boxes, as defined in the scope, constitute a single domestic
like product, and we have analyzed industry support in terms of that
domestic like product.\16\
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\15\ See Petitions at Volume I (pages 13-15); see also First
General Issues Supplement at 13-17.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Polypropylene Corrugated Boxes from the People's
Republic of China and the Socialist Republic of Vietnam,'' dated
concurrently with, and hereby adopted by, this notice (Country-
Specific AD Initiation Checklists), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Polypropylene Corrugated Boxes from the People's
Republic of China and the Socialist Republic of Vietnam (Attachment
II). These checklists are on file electronically via ACCESS.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own 2024 production and compared this to the estimated total
production of the domestic like product for the entire domestic
industry.\17\ We relied on data provided by the petitioners for
purposes of measuring industry support.\18\
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\17\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
\18\ Id.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, Second General Issues Supplement, and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petitions.\19\
First, the Petitions established support from domestic producers (or
workers) accounting for more than 50 percent of the total production of
the domestic like product and, as such, Commerce is not required to
take further action in order to evaluate industry support (e.g.,
polling).\20\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act
[[Page 15546]]
because the domestic producers (or workers) who support the Petitions
account for at least 25 percent of the total production of the domestic
like product.\21\ Finally, the domestic producers (or workers) have met
the statutory criteria for industry support under section
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petitions account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petitions.\22\
Accordingly, Commerce determines that the Petitions were filed on
behalf of the domestic industry within the meaning of section 732(b)(1)
of the Act.\23\
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\19\ Id.
\20\ Id.; see also section 732(c)(4)(D) of the Act.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\22\ Id.
\23\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\24\
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\24\ For further discussion, see Country-Specific AD Initiation
Checklists at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Polypropylene Corrugated
Boxes from the People's Republic of China and the Socialist Republic
of Vietnam.
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The petitioners contend that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
reduced market share; underselling and price depression and/or
suppression; low capacity utilization rates; declines in profitability
and operating income; and lost sales and revenues.\25\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\26\
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\25\ Id.
\26\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of polypropylene corrugated boxes from China and Vietnam.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For China and Vietnam, the petitioners based export price (EP) on
pricing information for polypropylene corrugated boxes produced in each
country and sold or offered for sale in the U.S. market during the
POI.\27\ For each country, the petitioners made certain adjustments to
U.S. price to calculate a net ex-factory U.S. price, where
applicable.\28\
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\27\ See Country-Specific AD Initiation Checklists.
\28\ Id.
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Normal Value
Commerce considers China and Vietnam to be NME countries.\29\ In
accordance with section 771(18)(C)(i) of the Act, any determination
that a foreign country is an NME country shall remain in effect until
revoked by Commerce. Therefore, we continue to treat China and Vietnam
as NME countries for purposes of the initiation of these LTFV
investigations. Accordingly, we base NV on FOPs valued in surrogate
market economy countries in accordance with section 773(c) of the Act.
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\29\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023); see also,
e.g., Raw Honey from the Socialist Republic of Vietnam: Final
Results of Antidumping Duty Changed Circumstances Review, 89 FR
64411 (August 7, 2024), and accompanying NME Analysis Memorandum at
5.
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The petitioners claim that Malaysia is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\30\ The petitioners provided
publicly available information from Malaysia to value all FOPs except
labor.\31\ Consistent with Commerce's recent practice in cases
involving Malaysia as a surrogate country,\32\ to value labor, the
petitioners provided data from another surrogate country, the Republic
of T[uuml]rkiye (T[uuml]rkiye).\33\ Based on the information provided
by the petitioners, we believe it is appropriate to use Malaysia as a
surrogate country for China to value all FOPs except labor and
T[uuml]rkiye to value labor for initiation purposes.
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\30\ See China AD Initiation Checklist.
\31\ Id.
\32\ See, e.g., Certain Collated Steel Staples from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments; 2021-2022, 88 FR
85242 (December 7, 2023), and accompanying Issues and Decision
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and
Tube from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 88 FR 15671 (March 14,
2023), and accompanying IDM at Comment 2.
\33\ See China AD Initiation Checklist.
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The petitioners claim that Indonesia is an appropriate surrogate
country for Vietnam because it is a market economy that is at a level
of economic development comparable to that of Vietnam and is a
significant producer of comparable merchandise.\34\ The petitioners
provided publicly available information from Indonesia to value all
FOPs.\35\ Based on the information provided by the petitioners, we
believe it is appropriate to use Indonesia as a surrogate country for
Vietnam to value all FOPs for initiation purposes.
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\34\ See Vietnam AD Initiation Checklist.
\35\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determinations.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese and Vietnamese producers/exporters was not reasonably
available, the petitioners used the production experience and product-
specific consumption rates of a U.S. producer of polypropylene
corrugated boxes as a surrogate to value Chinese and Vietnamese
manufacturers' FOPs.\36\ Additionally, the petitioners calculated
factory overhead, selling, general, and administrative expenses, and
profit based on the experience of Malaysian and Indonesian producers of
identical and comparable merchandise, respectively.\37\
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\36\ See Country-Specific AD Initiation Checklists.
\37\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of polypropylene corrugated boxes from China and
Vietnam are being, or are likely to be, sold in the United States at
LTFV. Based on comparisons of EP to NV in
[[Page 15547]]
accordance with sections 772 and 773 of the Act, the estimated dumping
margins for polypropylene corrugated boxes from each of the countries
covered by this initiation are as follows: (1) China--74.98 to 83.64
percent; (2) and Vietnam--52.07 percent.\38\
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\38\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of polypropylene corrugated boxes from China and
Vietnam are being, or are likely to be, sold in the United States at
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
In the Petitions, the petitioner identified 26 companies in China
and seven companies in Vietnam as producers and/or exporters of
polypropylene corrugated boxes.\39\ Our standard practice for
respondent selection in AD investigations involving NME countries is to
select respondents based on quantity and value (Q&V) questionnaires in
cases where Commerce has determined that the number of companies is
large, and it cannot individually examine each company based upon its
resources. Therefore, considering the number of producers and/or
exporters identified in the Petition, Commerce will solicit Q&V
information that can serve as a basis for selecting exporters for
individual examination in the event that Commerce determines that the
number is large and decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are 26 Chinese producers and/or exporters identified in
the Petitions, Commerce has determined that it will issue Q&V
questionnaires to the largest producers and/or exporters in China that
are identified in the U.S. Customs and Border Protection POI entry data
for which there is complete address information on the record.\40\ For
Vietnam, because there are seven producers and/or exporters identified
in the Petitions, Commerce will issue a Q&V questionnaire to each
potential respondent in Vietnam for which there is complete address
information on the record.
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\39\ See Petitions at Volume I (page 12 and Exhibit GEN-5); see
also First General Issues Supplement at 2-4.
\40\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated April 2, 2025.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of polypropylene corrugated
boxes from China and Vietnam that do not receive Q&V questionnaires may
still submit a response to the Q&V questionnaire and can obtain a copy
of the Q&V questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese and Vietnamese
producers/exporters no later than 5:00 p.m. ET on April 21, 2025, which
is two weeks from the signature date of this notice. All Q&V
questionnaire responses must be filed electronically via ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted
above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. Note that Commerce recently
promulgated new regulations pertaining to separate rates, including the
separate rate application deadline and eligibility for separate rate
status, in 19 CFR 351.108.\41\ Pursuant to 19 CFR 351.108(d)(1), the
separate rate application will be due 21 days after publication of this
initiation notice.\42\ Exporters and producers must file a timely
separate rate application if they want to be considered for individual
examination. In addition, pursuant to 19 CFR 351.108(e), exporters and
producers who submit a separate rate application and have been selected
as mandatory respondents will be eligible for consideration for
separate rate status only if they fully respond to all parts of
Commerce's AD questionnaire and participate in the LTFV proceeding as
mandatory respondents.\43\ Commerce requires that companies from
Vietnam submit a response both to the Q&V questionnaire and to the
separate rate application by the respective deadlines to receive
consideration for separate rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\41\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\42\ See 19 CFR 351.108(d)(1).
\43\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\44\
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\44\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the governments of China and Vietnam via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
[[Page 15548]]
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of polypropylene corrugated boxes from China
and/or Vietnam are materially injuring, or threatening material injury
to, a U.S. industry.\45\ A negative ITC determination for any country
will result in the investigation being terminated with respect to that
country.\46\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\45\ See section 733(a) of the Act.
\46\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \47\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\48\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\47\ See 19 CFR 351.301(b).
\48\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\49\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\50\
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\49\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\50\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\51\
Parties must use the certification formats provided in 19 CFR
351.303(g).\52\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\51\ See section 782(b) of the Act.
\52\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\53\
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\53\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 7, 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 Investigations
The merchandise covered by these investigations is polypropylene
corrugated boxes. Polypropylene corrugated boxes are boxes, bins,
totes, or other load-bearing containers made for holding goods, that
are made of corrugated polypropylene sheets, also known as
polypropylene hollow core sheets, polypropylene fluted sheets,
polypropylene twin wall sheets, or multi wall sheets. Such
polypropylene sheets are ``corrugated,'' ``fluted,'' or ``hollow
core,'' meaning the inside of the sheet contains channels or pockets
of air which make the sheets lightweight, while retaining strength
and durability. Polypropylene corrugated boxes are typically
produced from a plastic resin consisting of 50 percent or more
polypropylene. Polypropylene corrugated boxes are covered by the
scope irrespective of the particular mix of polypropylene homo-
polymer, polypropylene co-polymer, recycled or virgin polypropylene,
or ancillary chemicals such as electrostatic agents or flame
retardants. Polypropylene corrugated boxes are formed by corrugated
polypropylene sheets cut to length, die-cut into specific box
shapes, and may be cut or scored to allow each side of the box to be
folded into shape. Polypropylene corrugated boxes may include a tab
or attached portion of polypropylene corrugated sheet (commonly
referred to as a ``manufacturer's joint'') that has been cut,
slotted, or scored to facilitate the formation of the box by
stapling, gluing, welding, or taping the sides together to form a
tight seal. One-piece polypropylene corrugated boxes are die-cut or
otherwise formed so that the top, bottom, and sides form a single,
contiguous unit. Two-piece polypropylene corrugated boxes are those
with a folded bottom and a folded top as separate pieces. Multi-
piece polypropylene corrugated boxes are those with separate bottoms
and tops that are fitted to a single folded piece comprising the
sides of the box. Polypropylene corrugated boxes may be printed with
ink or digital designs.
[[Page 15549]]
The subject merchandise includes polypropylene corrugated boxes
with or without handles, with or without lids or tops, with or
without reinforcing wire, whether in a one-piece, two-piece, or
multi-piece configuration, and whether folded into shape or in an
unfolded form. The subject merchandise includes all polypropylene
corrugated boxes regardless of size, shape, or dimension. The
subject merchandise also includes polypropylene corrugated box lids
or tops when imported separately from polypropylene corrugated
boxes.
The products subject to these investigations are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under statistical reporting number 3923.10.9000. Although
the HTSUS statistical reporting number is provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
[FR Doc. 2025-06285 Filed 4-11-25; 8:45 am]
BILLING CODE 3510-DS-P