Preliminary determination of sales at less than fair value and critical circumstances in AD investigation of certain paper shopping bags from Cambodia (A-555-002)

1. On 01/03/2024, Commerce published in the Federal Register (89 FR 325) its affirmative preliminary determination of sales at less than fair value, critical circumstances in part, and postponement of the final determination in the antidumping investigation of certain paper shopping bags from Cambodia. 2. The merchandise covered by this investigation has changed. The products within the scope of this investigation are paper shopping bags with handles of any type, regardless of whether there is any printing, regardless of how the top edges are finished (e.g., folded, serrated, or otherwise finished), regardless of color, and regardless of whether the top edges contain adhesive or other material for sealing closed. Subject paper shopping bags have a width of at least 4.5 inches and depth of at least 2.5 inches. Paper shopping bags typically are made of kraft paper but can be made from any type of cellulose fiber, paperboard, or pressboard with a basis weight less than 300 grams per square meter (GSM). A non-exhaustive illustrative list of the types of handles on shopping bags covered by the scope include handles made from any materials such as twisted paper, flat paper, yarn, ribbon, rope, string, or plastic, as well as die-cut handles (whether the punchout is fully removed or partially attached as a flap). Excluded from the scope are: - Paper sacks or bags that are of a 1⁄6 or 1⁄7 barrel size (i.e., 11.5-12.5 inches in width, 6.5-7.5 inches in depth, and 13.5-17.5 inches in height) with flat paper handles or die-cut handles; - paper sacks or bags with die-cut handles, a grams per square meter paper weight of less than 86 GSM, and a height of less than 11.5 inches; and - paper sacks or bags (i) with non-paper handles made wholly of woven ribbon or other similar woven fabric (paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion) and (ii) that are finished with folded tops or for which tied knots or t-bar aglets (made of wood, metal, or plastic) are used to secure the handles to the bags. The above-referenced dimensions are provided for paper bags in the opened position. The height of the bag is the distance from the bottom fold edge to the top edge (i.e., excluding the height of handles that extend above the top edge). The depth of the bag is the distance from the front of the bag edge to the back of the bag edge (typically measured at the bottom of the bag). The width of the bag is measured from the left to the right edges of the front and back panels (upon which the handles typically are located). This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope is dispositive. 3. This proceeding has been assigned case number A-555-002. 4. Because Commerce determined that critical circumstances exist for imports of certain paper shopping bags from Cambodia from the producer and/or exporter listed below, CBP shall suspend liquidation of all appropriate entries of certain paper shopping bags from Cambodia that are entered, or withdrawn from warehouse, for consumption on or after 10/05/2023 which is 90 days before the date of publication of the preliminary determination in the Federal Register. Effective 10/05/2023, for entries of certain paper shopping bags from Cambodia from the producer and/or exporter listed below, CBP shall require a cash deposit equal to the following dumping margin: Producer and/or Exporter: Pan Pacific Plastics Manufacturing, Inc. Case number: A-555-002-002 Cash deposit rate: 248.81% 5. Commerce found that critical circumstances do not exist for imports of certain paper shopping bags from Cambodia from the producers and/or exporters listed below. For imports of certain paper shopping bags from Cambodia from the producers and/or exporters listed below CBP shall suspend liquidation of such entries which were entered, or withdrawn from warehouse, for consumption on or after 01//03/2024. Effective 01/03/2024, for entries of certain paper shopping bags from Cambodia from the producers and/or exporters listed below, CBP shall require a cash deposit equal to the following dumping margins: Producer and/or Exporter: Nice Packaging (Cambodia) Co., Ltd Case number: A-555-002-001 Cash deposit rate: 10.05% Producer and/or Exporter: UUPak Company Limited Case number: A-555-002-003 Cash deposit rate: 10.05% Producer and/or Exporter: All Others Case Number: A-555-002-000 Cash Deposit Rate: 10.05% 6. If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply: A. If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit rate will be the producer's rate. B. Where neither the exporter nor the producer has its own rate or the producer is unknown, use the all-others rate of 10.05 percent to establish the cash deposit. 7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIII: KAC.) 8. There are no restrictions on the release of this information. Alexander Amdur