Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam; Inv. No. 701-TA-690-691 and 731-TA-1619-1627 (Final)

=== Determination – AD – Preliminary - Turkey === 339Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of Sales at Less Than Fair Value in the Investigation of Certain Paper Shopping Bags from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Use of Facts Available With Adverse Inferences V. Discussion of the Methodology VI. Preliminary Negative Determination of Critical Circumstances VII. Currency Conversion VIII. Adjustments to Cash Deposits Rates for Export Subsidies in Companion Countervailing Duty Investigation IX. Recommendation [FR Doc. 2023–28940 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–849] Certain Paper Shopping Bags From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain paper shopping bags (paper bags) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Jeff Pedersen or Luke Caruso, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2769 or (202) 482–2081, 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 in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 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. Scope of the Investigation The products covered by this investigation are paper bags from Turkey. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 in the Initiation Notice Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily determined an estimated weighted-average dumping margin based upon the facts otherwise available, with adverse inferences (AFA), to the 15 companies that failed to respond to Commerce’s quantity and value questionnaire and both mandatory respondents, Artpack Kagit Ambalaj Anonim Sirketi (Artpack) and Oztas Ambalaj Sanayi ve Ticaret A.S. (Oztas). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not assigned individual rates. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis or determined entirely under section 776 of the Act. However, pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 340 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 7 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2; see also Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014). 8 See 19 CFR 351.309(c)(1)(i); and 19 CFR 351.303 (for general filling requirements). Commerce has exercised its discretion under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission of case briefs. 9 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). 10 See 19 CFR 351.309(c)(2) and (d)(2). 11 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 12 See APO and Service Final Rule. weighted-average dumping margin for all other producers or exporters. Commerce has preliminarily determined the estimated dumping margin for each of the individually examined respondents under sections 776(a) and (b) of the Act. Consequently, pursuant to section 735(c)(5)(B) of the Act, Commerce’s normal practice under these circumstances has been to calculate the all-others rate as a simple average of the dumping margins alleged in the petition.7 For a full description of the methodology underlying Commerce’s analysis, see the Preliminary Decision Memorandum. Preliminary Determination Commerce preliminarily determines that the following estimated dumping margins exist: Exporter or producer Dumping margin (percent) Artpack Kagit Ambalaj Anonim Sirketi ...................................... * 47.56 Oztas Ambalaj Sanayi ve Ticaret A.S .......................................... * 47.56 Babet Kagitsilik ........................... * 47.56 Bati Kraft Torba Ambalaj ............ * 47.56 BFT Packaging ........................... * 47.56 Cicupack Ambalaj ....................... * 47.56 Ekopack Kagit Ambalaj .............. * 47.56 Elhadefler A.S ............................. * 47.56 Esda Pack Ambalaj .................... * 47.56 Haypack Ambalaj ........................ * 47.56 Jefira Global Dis ......................... * 47.56 Kahramanmaras¸ Kag˘ (t Sanayi ve Ticaret Anonim S¸ irketi ........ * 47.56 Multi Kraft Ambalaj ..................... * 47.56 Rad Tekstil .................................. * 47.56 Suleyman Tabak Kagitcilik ......... * 47.56 Sunvision Tekstil ......................... * 47.56 Umur Basim ................................ * 47.56 Yildez Paper Bag Ambalaj Pazarlama ............................... * 47.56 All Others .................................... 26.32 * Rate based on AFA. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed in the table above will be equal to the company-specific estimated dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified in the table above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Normally, Commerce discloses to parties to the proceeding the calculations performed in connection with a preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce preliminarily applied AFA to the individually-examined companies Artpack and Oztas in this investigation, in accordance with sections 776(a) and (b) of the Act, and the applied AFA rate is based solely on the petition, there are no calculations to disclose. Verification Because the mandatory respondents in this investigation did not provide the information that was requested by Commerce, and Commerce preliminarily determines that each of the mandatory respondents have been uncooperative, it will not conduct verification. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 21 days after the date of publication of the preliminary determination in the Federal Register.8 Rebuttal briefs, limited to issues raised in case briefs, may be filed not later than five days after the date for filing case briefs. 9 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.10 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.11 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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). 12 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice in the Federal Register. Requests for a hearing should contain: (1) the requesting party’s name, address, and telephone number; (2) the number of individuals associated with the requesting party that will attend the hearing and whether any of those individuals is a foreign national; and (3) a list of the issues the party intends to discuss at the hearing. VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 341Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less Than Fair Value Investigation of Certain Paper Shopping Bags from Portugal,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled hearing date. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination, unless extended. 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. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Application of Facts Available and Use of Adverse Inferences V. All-Others Rate VI. Recommendation [FR Doc. 2023–28944 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–471–808] Certain Paper Shopping Bags From Portugal: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, and Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain paper shopping bags (paper bags) from Portugal are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Colin Thrasher, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3004. 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 in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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. VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Turkey === 19295Federal Register / Vol. 89, No. 53 / Monday, March 18, 2024 / Notices 1 See Certain Paper Shopping Bags from the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 89 FR 339 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated concurrently with this notice (Final Scope Decision Memorandum). 3 See Memorandum, ‘‘Hearing Schedule,’’ dated February 21, 2024. 4 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 5 See, e.g., Welded Stainless Pressure Pipe from Thailand: Final Determination of Sales at Less Than Fair Value, 79 FR 31093 (May 30, 2014), and accompanying Issues and Decision Memorandum (IDM) at Comment 3; see also Checklist, ‘‘Antidumping Duty Investigation Initiation Checklist,’’ dated June 20, 2023 (Initiation Checklist); and Petitioner’s Letter, ‘‘Response of Petitioner to Volume IX Supplemental Questionnaire,’’ dated June 12, 2023 at Exhibit IX– S9 (Petition Supplement). The petitioner consists of members of the Coalition for Fair Trade in Shopping Bags, which include Novolex Holdings, LLC and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–12–2024] Foreign-Trade Zone (FTZ) 49, Notification of Proposed Production Activity; Merck Sharp & Dohme LLC; (Pharmaceutical Products for Research and Development); Rahway, New Jersey Merck Sharp & Dohme LLC submitted a notification of proposed production activity to the FTZ Board (the Board) for its facility in Rahway, New Jersey, within FTZ 49. The notification conforming to the requirements of the Board’s regulations (15 CFR 400.22) was received on March 8, 2024. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/ component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board’s website—accessible via www.trade.gov/ ftz. The proposed finished products for research and development include: drug products containing the following active pharmaceutical ingredients: MK–7962 Sotatercept, MK–3475A monoclonal antibody, MK–2060 monoclonal antibody, MK–6024 Efinopegdutide, and, MK–5475 hypertension; clinical placebos; and, blinded clinical trial kits (duty rate ranges from duty-free to 6.5%, and 40 cents/kg+10.4%). The proposed foreign-status materials and components include: active pharmaceutical ingredients: MK–5475 Hypertension, MK–6024 Efinopegdutide, MK–7962 Sotatercept, MK–3475A monoclonal antibody, and MK–2060 monoclonal antibody; syringes and syringe parts: barrels, hubs, plungers, needles; autoinjectors and autoinjector subassemblies: casings and dosing mechanisms; and, empty gelatin capsules (duty rate ranges from duty- free to 6.5%). The request indicates that certain materials/components are subject to duties under section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt April 29, 2024. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Diane Finver at Diane.Finver@trade.gov. Dated: March 12, 2024. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2024–05676 Filed 3–15–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–849] Certain Paper Shopping Bags From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper shopping bags) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) April 1, 2022, through March 31, 2023. DATES : Applicable March 18, 2024. FOR FURTHER INFORMATION CONTACT : Jeff Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2769. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published the preliminary determination in this LTFV investigation in the Federal Register. 1 Although we provided interested parties with an opportunity to comment on the Preliminary Determination, no interested party submitted comments on the Preliminary Determination, other than scope comments, which we have addressed in a Final Scope Decision Memorandum. 2 On March 5, 2024, Commerce held a hearing regarding scope comments filed in the LTFV investigations of paper shopping bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and the Socialist Republic of Vietnam.3 Scope of the Investigation The products covered by this investigation are paper shopping bags from Turkey. For a complete description of the scope of this investigation, see the appendix to this notice. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.4 We received comments from parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum. We did not make any changes to the scope of the investigation from the scope published in the Preliminary Determination. Use of Adverse Facts Available (AFA) Pursuant to section 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we have continued to assign the specific companies that are listed in the table below an estimated weighted- average dumping margin based on adverse facts available (AFA), because these companies failed to cooperate to the best of their ability in responding to Commerce’s requests for information. For the reasons explained in the Preliminary Determination, and consistent with Commerce’s practice, as AFA, we assigned these companies the highest corroborated dumping margin alleged in the petition. 5 VerDate Sep<11>2014 17:07 Mar 15, 2024 Jkt 262001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1 lotter on DSK11XQN23PROD with NOTICES1 19296 Federal Register / Vol. 89, No. 53 / Monday, March 18, 2024 / Notices 6 See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying IDM at Comment 2. 7 See Initiation Checklist and Petition Supplement. All-Others Rate As discussed in the Preliminary Determination, in the absence of a calculated estimated weighted-average dumping margin on the record of this investigation, and pursuant to section 735(c)(5) of the Act and its practice,6 Commerce assigned a simple average of the dumping margins that were alleged in the Petition, i.e., 26.32 percent, 7 to all other producers and exporters of subject merchandise that are not specifically listed in the table below. Final Determination Commerce determines that the following estimated dumping margins exist for the period, April 1, 2022, through March 31, 2023: Exporter/producer Estimated weighted-average dumping margin (percent) Artpack Kagit Ambalaj Anonim Sirketi ......................................................................................................................................... * 47.56 Oztas Ambalaj Sanayi ve Ticaret A.S ......................................................................................................................................... * 47.56 Babet Kagitsilik ............................................................................................................................................................................ * 47.56 Bati Kraft Torba Ambalaj ............................................................................................................................................................. * 47.56 BFT Packaging ............................................................................................................................................................................ * 47.56 Cicupack Ambalaj ........................................................................................................................................................................ * 47.56 Ekopack Kagit Ambalaj ................................................................................................................................................................ * 47.56 Elhadefler A.S .............................................................................................................................................................................. * 47.56 Esda Pack Ambalaj ..................................................................................................................................................................... * 47.56 Haypack Ambalaj ......................................................................................................................................................................... * 47.56 Jefira Global Dis .......................................................................................................................................................................... * 47.56 Kahramanmaras¸ Kag˘ (t Sanayi ve Ticaret Anonim S¸ irketi ........................................................................................................... * 47.56 Multi Kraft Ambalaj ...................................................................................................................................................................... * 47.56 Rad Tekstil ................................................................................................................................................................................... * 47.56 Suleyman Tabak Kagitcilik .......................................................................................................................................................... * 47.56 Sunvision Tekstil .......................................................................................................................................................................... * 47.56 Umur Basim ................................................................................................................................................................................. * 47.56 Yildez Paper Bag Ambalaj Pazarlama ........................................................................................................................................ * 47.56 All Others ..................................................................................................................................................................................... 26.32 * Rate based on AFA. Disclosure Because Commerce received no comments on the Preliminary Determination, we have not modified our analysis and no decision memorandum accompanies this Federal Register notice. We are adopting the Preliminary Determination as the final determination in this investigation. Consequently, there are no new calculations to disclose in accordance with 19 CFR 351.224(b) for this final determination. Continuation of Suspension of Liquidation Commerce will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of the merchandise described in the scope of this investigation where that merchandise was entered, or withdrawn from warehouse, for consumption on or after January 3, 2024, which is the date of publication of the Preliminary Determination in this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will also instruct CBP to require the posting of an antidumping duty cash deposit. The cash deposit requirements are as follows: (1) the cash deposit rate for the companies listed in the table above will be equal to the company-specific estimated weighted-average dumping margin listed for the company in the table; (2) if the exporter of the subject merchandise is not identified in the table above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters of subject merchandise will be equal to the all-others estimated weighted-average dumping margin listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, before the later of 120 days after the date that Commerce made its affirmative preliminary determination in this investigation or 45 days after the date of this final determination. If the ITC determines that material injury, or the threat of material injury, does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that material injury, or the threat of material injury, exists, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance VerDate Sep<11>2014 17:07 Mar 15, 2024 Jkt 262001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1 lotter on DSK11XQN23PROD with NOTICES1 19297Federal Register / Vol. 89, No. 53 / Monday, March 18, 2024 / Notices 8 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. with 19 CFR 351.305(a)(3). Timely notification of the return, or destruction, of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination and this notice are issued and published in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: March 11, 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 Scope of the Investigation 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 8 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. [FR Doc. 2024–05675 Filed 3–15–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD806] New England Fishery Management Council; Public Meeting AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice of public meeting. SUMMARY : The New England Fishery Management Council (Council) is scheduling a public hybrid meeting of its Enforcement Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). This meeting will be held in-person with a webinar option. Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES : This meeting will be held on Tuesday, April 2, 2024, at 9 a.m. ADDRESSES : This meeting will be held at the Hilton Garden Inn, 100 High Street, Portsmouth, NH 03801; telephone: (603) 431–1499. Webinar registration URL information: https://nefmc-org.zoom.us/ webinar/register/WN_qfnCHO7USe 2SML1X1VwXOA. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT : Cate O’Keefe, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION : Agenda The Enforcement Committee will meet to discuss VMS as an enforcement tool. They will also discuss enforceability of closed area polygon boundaries as well as VMS ping rates for Council-managed scallop fisheries. The Committee will discuss Enforcement issues around on- demand fishing gear. Other business will be discussed, if necessary. Although non-emergency issues not contained on the agenda may come before this Council for discussion, those issues may not be the subject of formal action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson- Stevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. The public also should be aware that the meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Cate O’Keefe, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: March 13, 2024. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–05697 Filed 3–15–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD772] Endangered and Threatened Species; Take of Anadromous Fish AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice of receipt and availability; request for comments. SUMMARY : Notice is hereby given that NMFS has received a permit application (25803) from NOAA’s Southwest Fisheries Science Center Fisheries Ecology Division (FED) to continue hatchery activities associated with the Southern Coho Salmon Captive Broodstock Program (SCSCBP, or program) in accordance with its Hatchery and Genetic Management Plan (HGMP). The application has been submitted pursuant to the Endangered Species Act (ESA) of 1973, as amended. NMFS has also prepared a draft VerDate Sep<11>2014 17:07 Mar 15, 2024 Jkt 262001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Malaysia === 45821Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from Malaysia: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, 89 FR 333 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Paper Shopping Bags from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 27, 2023. 4 See Memorandum, ‘‘Less-Than-Fair Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024. 5 See Memorandum, ‘‘Verification of the Sales Responses of Hexachase Packaging Sdn. Bhd. in the Antidumping Duty Investigation of Certain Paper Shopping Bags from Malaysia,’’ dated March 27, 2024; see also Memorandum, ‘‘Verification of the Cost Response of Hexachase Packaging Sdn Bhd. the Antidumping Duty Investigation of Certain Paper Shopping Bags from Malaysia,’’ dated April 22, 2024. submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on May 20, 2024. The applicant is authorized to make the proposal under Revised Code of Washington, title 53, chapter 53.08, section 53.08.030, Operation of foreign trade zones. The proposed zone would be the first zone for the Port Angeles Customs and Border Protection (CBP) port of entry. The applicant’s proposed service area under the ASF would be Clallam County. If approved, the applicant would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The application indicates that the proposed service area is within and adjacent to the Port Angeles Customs and Border Protection port of entry. The proposed zone would include two ‘‘magnet’’ sites: Proposed Site 1 (790 acres)—William R. Fairchild Airport, 1402 Fairchild Airport Road, Port Angeles; and, Proposed Site 2 (249 acres)—Port Angeles Waterfront, Port Angeles. The ASF allows for the possible exemption of one magnet site from the ‘‘sunset’’ time limits that generally apply to sites under the ASF, and the applicant proposes that Site 1 be so exempted. The application indicates a need for zone services in Clallam County, Washington. Several firms have indicated an interest in using zone procedures for warehousing/distribution activities for a variety of products. Specific production approvals are not being sought at this time. Such requests would be made to the FTZ Board on a case-by-case basis. In accordance with the FTZ Board’s regulations, Qahira El-Amin of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is July 23, 2024. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to August 7, 2024. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Qahira El-Amin at Qahira.El-Amin@ trade.gov. Dated: May 21, 2024. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2024–11488 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–825] Certain Paper Shopping Bags From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Daniel Alexander, 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) 482–4313. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published its Preliminary Determination of sales of paper bags from Malaysia at LTFV. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2 All issues raised by parties for this final determination are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. The Issues and 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from Malaysia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 3 We received comments from parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum. 4 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), we conducted verifications of the sales and cost information submitted by Hexachase Packaging Sdn. Bhd. (Hexachase) for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Hexachase.5 Analysis of Comments Received All issues raised in the case briefs submitted by interested parties in this VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45822 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 6 For a further discussion, see the Issues and Decision Memorandum. investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as Appendix II to this notice. Changes Since the Preliminary Determination We have made certain changes to the dumping margin calculations for Hexachase and Nanwang Pack (M) Sdn. Bhd (Nanwang) since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Facts Available With Adverse Inferences For this final determination, we find that pursuant to sections 776(a)–(b) of the Act, the use of facts available with adverse inferences (AFA) is warranted in determining the final dumping margin for mandatory respondent, Nanwang.6 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. Commerce has determined the estimated weighted-average dumping margin for the individually examined respondent under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Hexachase that is not zero, de minimis, or based entirely on facts otherwise available. Moreover, as discussed above, we have assigned a rate based entirely on AFA to the other mandatory respondent, Nanwang. Consequently, the rate calculated for Hexachase is also assigned as the rate for all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Weighted- average dumping margin (percent) Hexachase Packaging Sdn. Bhd 3.18 Nanwang Pack (M) Sdn. Bhd ..... * 112.22 Kooka Paper Manufacturing Sdn. Bhd ................................. * 112.22 All Others .................................... 3.18 * Based on AFA. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of paper bags from Malaysia, as described in Appendix I of this notice, which were entered or withdrawn from warehouse for consumption on or after January 3, 2024, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of subject merchandise from Indonesia no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice serves as a final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This final determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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, VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45823Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 7 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 1 See Certain Paper Shopping Bags from the People’s Republic of China: Preliminary Affirmative Determinations of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 344 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 Id. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Paper Bags from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ’’ Less-Than-Fair Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024 (Final Scope Decision Memorandum). 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 7 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Application of Facts Available and Use of Adverse Inferences V. Discussion of the Issues Comment 1: Whether To Base the Final Dumping Margin for Nanwang on Total Adverse Facts Available Comment 2: Whether To Assign Hexachase’s Rate as the All Others Rate in the Final Determination Comment 3: Whether To Utilize the Most Recent Data Files Submitted by Hexachase Comment 4: Whether Commerce Should Correct Programming Language in the Comparison Market Program VI. Recommendation [FR Doc. 2024–11482 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–152] Certain Paper Shopping Bags From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) 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 is October 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Jinny Ahn or Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0339 or (202) 482–1121, respectively. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of paper bags from China, in which we also postponed the final determination until May 17, 2024. 1 We invited parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is made available to the public 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 4 We received comments from parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum. 5 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice. Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist for imports of paper bags from China for Dongzheng Paperbag (DaLian) Factory (Dongzheng), the non-selected separate rate companies, and the China-wide entity pursuant to section 735(a)(3)(B) of Tariff VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Taiwan === 45832 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 331 (January 3, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Determination, 89 FR at 332–3. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 fabric20 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Final Critical Circumstances Determination V. Subsidies Valuation Information VI. Interest Rates and Benchmarks VII. Use of Facts Available and Adverse Inferences VIII. Analysis of Programs IX. Discussion of the Issues Comment 1: Whether Commerce Should Apply Adverse Facts Available (AFA) to the Export Buyer’s Credit Program (EBCP) Comment 2: Whether the Income Tax Reductions for High and New Technology Enterprises (HTNE) and Income Tax Deductions for Research and Development Expenses Under the Enterprise Income Tax (EIT) Law Are Specific Comment 3: Whether To Apply AFA to Find that the Provision of Kraft Paper for Less Than Adequate Remuneration (LTAR) is Specific and Provides a Financial Contribution From the GOC Comment 4: Whether Commerce Should Apply AFA to Fujian Nanwang’s Kraft Paper Purchases Comment 5: Whether Commerce Should Use Fujian Nanwang’s Total Sales as the Denominator for the Provision of Kraft Paper for LTAR Comment 6: Whether Commerce Should Reverse Its Preliminary Affirmative Critical Circumstances Finding Comment 7: Whether To Use Fujian Nanwang’s Corrected Sales and Electricity Usage Data Comment 8: The Countervailability of the Provision of Electricity for LTAR Comment 9: Whether Policy Loans to the Paper Bags Industry Constitute a Financial Contribution and Are Specific Comment 10: Whether To Apply AFA to the Provision of Land-Use Rights for LTAR in the Huidong Industrial Zone Comment 11: Whether the Provision of Land-Use Rights Should Be Treated as a Financial Contribution in the Form of Revenue Forgone X. Recommendation Appendix I: Other Subsidies Determined To Be Countervailable Appendix II: Identification of Export-Specific Subsidies Appendix III: AFA Rate Calculation [FR Doc. 2024–11478 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–872] Certain Paper Shopping Bags From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of paper bags from Taiwan, in which we also postponed the final determination until May 17, 2024. 1 We invited interested parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 3 The Issues and Decision VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45833Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices Than-Fair-Value Investigation of Certain Paper Shopping Bags from Taiwan, and Final Affirmative Determination of Critical Circumstances, in Part,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated March 11, 2024 (Final Scope Decision Memorandum). 6 See Memoranda, ‘‘Verification of the Sales Response of Haur Tyi Paper Bag Co., Ltd. in the Less-Than-Fair-Value Investigation of Certain Paper Shopping Bags from Taiwan,’’ dated April 15, 2024; and ‘‘Verification of the Cost Response of Haur Tyi Paper Bag Co., Ltd. in the Antidumping Duty Investigation of Certain Paper Shopping Bags from Taiwan,’’ dated April 15, 2024. 7 See Preliminary Determination, 89 FR at 331. 8 See, e.g., Welded Stainless Pressure Pipe from Thailand: Final Determination of Sales at Less Than Fair Value, 79 FR 31093 (May 30, 2014), and accompanying Issues and Decision Memorandum (IDM) at Comment 3; see also Checklist, ‘‘Antidumping Duty Investigation Initiation Checklist: Certain Paper Shopping Bags from Taiwan,’’ dated June 20, 2023. 9 Because we preliminarily found a de minimis dumping margin for Haurtyi, at that time, we instructed CBP not to suspend liquidation of entries of subject merchandise produced and exported by Haurtyi. 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from Taiwan. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.4 We received comments from parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 5 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as shown in Appendix I to this notice. Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist for imports of paper bags from Taiwan from Juang Jia Guoo Co., Ltd. (JJG); we find that critical circumstances do not exist for Haur Tyi Paper Bag Co., Ltd. (Haurtyi) and for all other producers and exporters, pursuant to sections 735(a)(3)(A) and (B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206. For further discussion of this issue, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, we conducted verifications of the sales and cost information submitted by Haurtyi for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records and original source documents provided by Haurtyi.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as Appendix II to this notice. Changes Since the Preliminary Determination We have made certain changes to the margin calculations for Haurtyi since the Preliminary Determination, and we have modified the margin assigned to JJG. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available As discussed in the Preliminary Determination, Commerce assigned to mandatory respondent JJG an estimated weighted-average dumping margin on the basis of facts available with adverse inferences (AFA), pursuant to sections 776(a) and (b) of the Act.7 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for the reasons explained in the Preliminary Determination, and consistent with Commerce’s practice, as AFA, we assigned JJG the highest corroborated dumping margin alleged in the petition. 8 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce assigned an individual estimated weighted-average dumping margin to JJG entirely under section 776 of the Act. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Haurtyi. Consequently, Commerce is assigning the rate calculated for Haurtyi as the rate for all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Weighted- average dumping margin (percent) Haur Tyi Paper Bag Co., Ltd ...... 4.74 Juang Jia Guoo Co., Ltd ............ * 65.81 All Others .................................... 4.74 * Rate based on AFA. Disclosure We intend to disclose the calculations performed in this final determination within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Suspension of Liquidation In accordance with section 735(c)(4) of the Act, because Commerce continues to find that critical circumstances exist for JJG, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of subject merchandise, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse for consumption, on or after October 5, 2023, which is 90 days prior to the date of publication of the affirmative Preliminary Determination in the Federal Register. For Haurtyi and the ‘‘all other’’ companies, we will instruct CBP to suspend 9 or continue to suspend, respectively, liquidation of entries of paper bags from Taiwan, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse for consumption, on or after January 3, 2024, the date of publication in the Federal Register of the Preliminary Determination. VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45834 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 10 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce’s final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from Taiwan no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Suspension of Liquidation’’ section above. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return, or destruction, of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: May 17, 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 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 10 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Affirmative Determination of Critical Circumstances, in Part IV. Changes From the Preliminary Determination V. Discussion of the Issues Comment 1: Destination Reporting Comment 2: Differential Pricing Analysis Comment 3: Home-Market Bank Charges Comment 4: Classification of Sales Personnel Bonuses Comment 5: Cost Adjustment for Printing Services Obtained From Affiliated Suppliers Comment 6: Imputed Interest Expense From Interest Free Loans Comment 7: Revisions in Haurtyi’s Latest Sales Files Comment 8: Treatment of May Sun Jieh Enterprise Co., Ltd. VI. Recommendation [FR Doc. 2024–11484 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–918] Certain Paper Shopping Bags From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain paper shopping bags (paper bags) from India. The period of investigation (POI) is January 1, 2022, through December 31, 2022. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Drew Jackson or Paul Kebker, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406 or (202) 482–2254, respectively. SUPPLEMENTARY INFORMATION : VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Cambodia === 45841Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 18 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 1 See Certain Paper Shopping Bags from Cambodia: 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 325 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Paper Shopping Bags from Cambodia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 18 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes From the Preliminary Determination IV. Discussion of the Issues Comment 1: Whether To Use the Philippines as the Surrogate Country Comment 2: Whether To Recalculate the Financial Ratios Comment 3: Whether To Adjust the Ocean Freight Surrogate Value Comment 4: Whether To Use Brokerage and Handling for Export Comment 5: Whether To Use Harmonized System Subheading 3919.20 for the Label Input Comment 6: Whether To Correct Programming Errors Related to Units of Measure and Certain Expenses Comment 7: Whether To Make a Negative Critical Circumstances Determination Comment 8: Whether To Use Post- Verification Sales and Factors of Production (FOP) Databases V. Recommendation [FR Doc. 2024–11485 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–555–002] Certain Paper Shopping Bags From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Cambodia are being, or are likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Charles Doss or Kyle Clahane, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4474 or (202) 482–1168, respectively. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of paper bags from Cambodia, in which we also postponed the final determination until May 17, 2024. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from Cambodia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision VerDate Sep<11>2014 18:29 May 23, 2024 Jkt 262001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45842 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 3 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated March 11, 2024 (Final Scope Decision Memorandum). 5 See Memoranda, ‘‘Verification of Nice Packaging (Cambodia) Co., Ltd. Sales Responses,’’ dated March 26, 2024; and ‘‘Verification of the Cost Response of Nice Packing (Cambodia) Co., Ltd. in the Antidumping Duty Investigation of Paper Shopping Bags from Cambodia,’’ dated March 28, 2024. 6 See Memorandum, ‘‘Verification of the Questionnaire Responses of UUPak Company Limited,’’ dated March 15, 2024. 7 See Memorandum, ‘‘Nice Packaging (Cambodia) Co. Ltd. Final Analysis Memorandum,’’ dated concurrently with this notice (Nice’s Final Sales Analysis Memorandum). 8 See Preliminary Determination, 89 FR at 325. 9 See Preliminary Determination PDM at 6–8. 10 See Preliminary Determination PDM at, ‘‘Treatment of UUPak’s Sales.’’ Our treatment of UUPak remains unchanged for purposes of this final determination. Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 4 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice. Final Affirmative Determination of Critical Circumstances, in Part We continue find that that critical circumstances do not exist with respect to imports of paper bags from Cambodia for Nice Packaging (Cambodia) Co., Ltd. (Nice), UUPak, and all other producers and exporters, but do exist with respect to imports of paper bags from Pan Pacific. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), we conducted verifications of the sales and cost information submitted by Nice Packaging (Cambodia) Co., Ltd. (Nice) for use in our final determination.5 In addition, Commerce was unable to conduct an on-site verification of the information relied upon in making its final determination with respect to UUPak Company Limited (UUPak). However, from February 21 through 22, 2024, we took additional steps, in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act, by conducting virtual verification of UUPak. 6 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as Appendix II to this notice. Changes Since the Preliminary Determination We have made certain changes to the margin calculations for Nice since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.7 Use of Adverse Facts Available (AFA) As discussed in the Preliminary Determination, Commerce assigned to Pan Pacific Plastics Manufacturing, Inc. (Pan Pacific) an estimated weighted- average dumping margin on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act.8 For the reasons explained in the Issues and Decision Memorandum, and consistent with Commerce’s practice, as AFA, we assigned Pan Pacific the highest corroborated dumping margin alleged in the petition. 9 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Nice. As explained in the Preliminary Determination PDM, Commerce continues to determine that, under section 772(a) of the Act, UUPak did not have any reviewable sales during the POI and, as such, has not calculated a final margin for UUPak.10 As a result, because we have only calculated one margin and that margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Nice is the margin assigned to UUPak and all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination The final estimated weighted-average dumping margins are as follows: Producer/exporter Weighted average dumping margin (percent) Nice Packaging (Cambodia) Co., Ltd ........................................... 7.07 UUPak Company Limited ........... 7.07 Pan Pacific Plastics Manufac- turing, Inc ................................ * 248.81 All Others .................................... 7.07 * Rate based on AFA. Disclosure We intend to disclose the calculations performed in this final determination within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, for Nice, UUPak, and all-other producers/exporters, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of subject merchandise as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption, on or after January 3, 2024, the date of publication in the Federal Register of the Preliminary Determination. In accordance with section 735(c)(4) of the Act, because Commerce continues to find that critical circumstances exist for Pan Pacific, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise, as described in Appendix I to this notice, which were entered, or withdrawn from warehouse for consumption on or after October 5, 2023, which is 90 days before the publication of the Preliminary Determination in the Federal Register, at the cash deposit rate indicated above. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries as follows: (1) the cash deposit rate for each respondent listed above will be equal to the company- specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not the respondent identified above but the producer is, then the cash deposit rate will be equal to the company- specific estimated weighted-average dumping margin listed for the producer VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45843Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 11 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters is the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of paper bags from Cambodia no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section above. Administrative Protective Order This notice will serve as the final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 11 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Affirmative Determination of Critical Circumstances, in Part IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Whether Commerce’s Application of the Adverse Facts Available Rate to Pan Pacific is Unreasonable Comment 2: Whether Commerce Should Clarify the Scope Comment 3: Whether Commerce Should Alter Its Application of Constructed Value Comment 4: Whether Commerce Should Continue To Adjust Nice’s Cost of Production Comment 5: Whether Commerce Should Make Changes to Nice’s Final Margin Calculations VI. Recommendation [FR Doc. 2024–11476 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–301–805] Certain Paper Shopping Bags From Colombia: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Colombia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through May 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of paper bags from Colombia, in which we also postponed the final determination until May 17, VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - India === 45826 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 24 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/exporters of subject merchandise 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 country exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/ exporter combination (or China-wide entity) that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from China no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as the final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistance Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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 24 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Application of Facts Available and Use of Adverse Inference IV. China-Wide Rate V. Final Affirmative Determination of Critical Circumstances VI. Changes Since the Preliminary Determination VII. Discussion of the Issues Comment 1: Whether To Adjust the China- Wide Rate Comment 2: Whether To Adjust the Paper Surrogate Value (SV) Comment 3: Whether To Conduct a Seasonality Analysis as Part of the Critical Circumstances Analysis VIII. Recommendation [FR Doc. 2024–11477 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–917] Certain Paper Shopping Bags From India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Gorden Struck or Nathan Araya, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8151 or (202) 482–3401, respectively. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of paper bags from India, in which we also postponed VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45827Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 336 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 Id., 89 FR at 336. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Paper Shopping Bags from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 27, 2023. 5 See Memorandum, ‘‘Less-Than-Fair Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024. 6 See Memoranda, ‘‘Verification of the Sales Response of Aeroplast Packaging Solution Private Limited (APSL) and affiliates, Aeroplast Limited (APL) and Aero Business Solutions Private Limited (ABSL) in the Antidumping Duty Investigation on Certain Paper Shopping Bags from India,’’ dated March 7, 2024; ‘‘Verification of the Sales Response of Kuloday Plastomers Pvt Ltd. in the Antidumping Duty Investigation of Certain Paper Shopping Bags from India,’’ dated March 7, 2024; ‘‘Verification of the Cost Response of Kuloday Plastomers Private Limited in the Antidumping Duty Investigation of Certain Paper Shopping Bags from India,’’ dated April 18, 2024; and ‘‘Verification of the Cost Response of Aeroplast Packaging Solutions Private Limited in the Less Than Fair Value Investigation of Certain Paper Shopping Bags from India,’’ dated April 24, 2024. 7 See Memoranda, ‘‘Allegation of Ministerial Error in the Preliminary Determination,’’ dated February 2, 2024; ‘‘Analysis for the Final Determination for Aero Business Solutions Private Limited; Aero Plast Limited; and Aeroplast Packaging Solution Private Limited,’’ dated concurrently with this notice; and ‘‘Analysis for the Final Determination for Kuloday Plastomers Pvt Ltd.,’’ dated concurrently with this notice. 8 See Aeroplast’s Letter, ‘‘Case Brief of Packaging Solution Private Limited,’’ dated May 2, 2024 (citing Aeroplast’s Letters, ‘‘Request to Correct the Clerical Error,’’ dated February 2, 2024; ‘‘Section A Response,’’ dated September 14, 2023, at Exhibit A– 13(b) and Exhibit A–13(d); and ‘‘Aero Plast Packaging Solutions Private Limited (APSL) 1st Supplemental Section ABC Response to Antidumping Duty Investigation Questionnaire,’’ dated November 28, 2023, at Exhibit S3–2). 9 See Preliminary Determination PDM at 5. 10 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair- Value Investigations, 88 FR 41689, 41692 (June 27, 2023). 11 See Preliminary Determination PDM. the final determination until May 17, 2024. 1 We invited interested parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 3 The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is certain paper shopping bags from India. For a complete description of the scope of this investigation, see Appendix I to this notice. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.4 We received comments from parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum. 5 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice. Final Negative Determination of Critical Circumstances We continue to find that critical circumstances do not exist for imports of paper bags from India for the two mandatory respondents, Aeroplast Packing Solution Private Limited (APSL), Aero Plast Limited (APL), and Aero Business Solutions Private Limited (ABSL) (collectively Aeroplast) and Kuloday Plastomers Pvt Ltd. (KPPL), and for all other Indian producers and exporters pursuant to sections 735(a)(3)(A) and (B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206. For further discussion of this issue, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, in January and March 2024, we verified the sales and cost information submitted by Aeroplast and KPPL for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Aeroplast and KPPL.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as Appendix II to this notice. Changes Since the Preliminary Determination We made certain changes to the margin calculation for Aeroplast and KPPL since the Preliminary Determination.7 In addition, Aeroplast requested that the name of one its affiliates be updated for the purpose of the final determination and final customs instructions. 8 For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available As discussed in the Preliminary Determination, the following companies failed to respond to Commerce’s quantity and value questionnaire: Apex Paper and Plastic and Film (Apex); Asha Overseas (Asha); Godhani Exports (Godhani); and Pack Easy Paper Products (Pack Easy). Consequently, for the Preliminary Determination, we determined that it was appropriate to apply adverse facts available (AFA) pursuant to sections 776(a)(1), 776(a)(2)(A)–(C), and 776(b) of the Act, with respect to Apex, Asha, Godhani, and Pack Easy. 9 Absent comments on the application of AFA, we continue to assign the estimated weighted-average dumping margin, i.e., the highest transaction-specific margin calculated of 53.05 percent (because we are unable to corroborate the highest rate in the Petition of 96.15 percent 10) for these companies on the basis of AFA, pursuant to sections 776(a)(1), 776(a)(2)(A)–(C), and 776(b) of Act. 11 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters or producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45828 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters or producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers and exporters. Here, Commerce calculated an estimated weighted-average dumping margin of zero percent for Aeroplast. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for KPPL. Consequently, the rate calculated for KPPL is also assigned as the estimated weighted-average dumping margin for all other producers and exporters. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for export subsidy offset) (percent) Aeroplast Packaging Solution Private Limited; Aero Plast Limited; Aero Business Solutions Private Lim- ited ............................................................................................................................................................ 0.00 Not Applicable Kuloday Plastomers Pvt. Ltd ....................................................................................................................... 4.59 1.20 Adeera Packaging Pvt. Ltd .......................................................................................................................... 4.59 1.20 Amate Products Pvt. Ltd .............................................................................................................................. 4.59 1.20 Apex Paper and Plastic and Film ................................................................................................................ * 53.05 49.66 Archies Limited ............................................................................................................................................ 4.59 1.20 Asha Overseas ............................................................................................................................................ * 53.05 49.66 Carrywell Packaging Pvt. Ltd ...................................................................................................................... 4.59 1.20 Colorbox ....................................................................................................................................................... 4.59 1.20 Dynaflex Private Limited .............................................................................................................................. 4.59 1.20 Godhani Exports .......................................................................................................................................... * 53.05 49.66 Pack Easy Paper Products .......................................................................................................................... * 53.05 49.66 Pack Planet Pvt. Ltd .................................................................................................................................... 4.59 1.20 Poonam ........................................................................................................................................................ 4.59 1.20 Shriniwas Enterprises .................................................................................................................................. 4.59 1.20 Tejaswi Plastic Pvt. Ltd ............................................................................................................................... 4.59 1.20 The Velvin Group (DBA Velvin Packaging Solutions Pvt. Ltd. and Velvin Paper Products) ...................... 4.59 2.21 Vama Packaging .......................................................................................................................................... 4.59 1.20 All Others ..................................................................................................................................................... 4.59 1.20 * Rate based on AFA. Disclosure We intend to disclose the calculations performed in this final determination within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, entered, or withdrawn from warehouse, for consumption on or after January 3, 2024, the date of publication in the Federal Register of the Preliminary Determination except for those entries of subject merchandise produced and exported by Aeroplast. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the companies listed above that exported the subject merchandise will be equal to the company-specific estimated weighted- average dumping margin determined in this final determination; (2) if the exporter is not a company identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the estimated weighted-average dumping margin for all other producers and exporters. These suspension of liquidation instructions will remain in effect until further notice. Because the estimated weighted- average dumping margin for Aeroplast is zero, entries of shipments of subject merchandise produced by and exported by this company will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce also applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce will not be directing CBP to suspend liquidation of entries of subject merchandise produced and exported by Aeroplast. However, entries of subject merchandise from this company in any other producer/ exporter combination (i.e., where Aeroplast, is either the producer or the exporter, but not both), or by third parties that sourced subject merchandise from the excluded producer/exporter combination, will be subject to suspension of liquidation at the all-others rate. Further, because the estimated weighted-average dumping margin is zero for subject merchandise produced and exported by Aeroplast, entries of such merchandise will be excluded from the potential antidumping duty order. Such an exclusion will not be applicable to merchandise exported to the United States by this respondent in any other producer/exporter combinations or by third parties that sourced subject merchandise from the excluded producer/exporter combination. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45829Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 12 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce has made a final affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margins by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the ‘‘Final Determination’’ section above. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from India no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as the final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 • Shopping bags (i) with non-paper handles made wholly of woven ribbon or other similar woven fabric 12 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Negative Determination of Critical Circumstances IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Shorter Cost Averaging Periods for KPPL Comment 2: Correction of Aeroplast’s Name in the Final Determination and Final Customs Instructions Comment 3: Adverse Inference for Shorter Cost Averaging Periods for Aeroplast VI. Recommendation [FR Doc. 2024–11480 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–153] Certain Paper Shopping Bags From the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of certain paper shopping bags (paper bags) from the People’s Republic of China (China). The period of investigation (POI) is January 1, 2022, through December 31, 2022. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Seth Brown, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0029. VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Order - AD - Turkey === 39586 Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Notices 13 See Certain Hot-Rolled Steel Flat Products from Japan: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 53409 (August 12, 2016). 1 See Certain Paper Shopping Bags from the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 19295 (March 18, 2024) (Final Determination). 2 See Certain Paper Shopping Bags from the Republic of Tu¨ rkiye: Final Affirmative Determination of Sales at Less Than Fair Value; Correction, 89 FR 36753 (May 3, 2024). 3 See ITC’s Letter, Investigation No. 731–TA–1626 (Final), dated May 2, 2024. 4 See Certain Paper Shopping Bags from the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 89 FR 339 (January 3, 2024) (Preliminary Determination). to the weighted-average dumping margins established in the final results of this review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment in which the company was reviewed; (3) if the exporter is not a firm covered in this review or the original less-than-fair- value (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 5.58 percent,13 the all-others rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 351.221(b)(5) of Commerce’s regulations. Dated: May 3, 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether Commerce Should Deduct Section 232 Duties From U.S. Price Comment 2: Whether Commerce Should Use NSC’s Original Home Market (HM) Sales Database Comment 3: Whether Certain NSC HM Transportation Expenses Were Misreported Based on the Sales Term VI. Recommendation [FR Doc. 2024–10152 Filed 5–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–849] Certain Paper Shopping Bags From the Republic of Tu¨ rkiye: Antidumping Duty Order 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 an antidumping duty order on certain paper shopping bags (paper shopping bags) from the Republic of Tu¨ rkiye (Tu¨ rkiye). DATES : Applicable May 9, 2024. FOR FURTHER INFORMATION CONTACT : Luke Caruso, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2081. SUPPLEMENTARY INFORMATION : Background On March 18, 2024, Commerce published in the Federal Register its affirmative final determination in the less-than-fair-value (LTFV) investigation of paper shopping bags from Tu¨ rkiye. 1 On May 3, 2024, Commerce published in the Federal Register a correction of the Final Determination.2 Pursuant to section 735(d) of the Tariff Act of 1930, as amended (the Act), on May 2, 2024, the ITC notified Commerce of its affirmative final determination 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 shopping bags from Tu¨ rkiye that are sold in the United States at LTFV.3 Scope of the Order The products covered by this order are paper shopping bags from Tu¨ rkiye. For a complete description of the scope of this order, see the appendix to this notice. Antidumping Duty Order Based on the above-referenced affirmative final determinations, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing this antidumping duty order. Moreover, because the ITC determined that U.S. imports of paper shopping bags from Tu¨ rkiye are materially injuring a U.S. industry, unliquidated entries of such merchandise from Tu¨ rkiye, entered or withdrawn from warehouse for consumption, as described below, are subject to the assessment of antidumping duties. 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 equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise, for all relevant entries of paper shopping bags from Tu¨ rkiye. With the exception of entries occurring after expiration of the provisional measures period, but before publication of the ITC’s final affirmative injury determination, as further described below, antidumping duties will be assessed on unliquidated U.S. entries of paper shopping bags from Tu¨ rkiye entered, or withdrawn from warehouse, for consumption on or after January 3, 2024, the date of publication of the Preliminary Determination in this investigation in the Federal Register.4 VerDate Sep<11>2014 17:17 May 08, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 39587Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Notices 5 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 6 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 7 Id. Continuation of Suspension of Liquidation Except as noted in the ‘‘Provisional Measures’’ section of this notice below, in accordance with section 736 of the Act, Commerce will instruct CBP to continue to suspend liquidation of all relevant entries of paper shopping bags from Tu¨ rkiye. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits at a rate equal to the estimated weighted-average dumping margins listed in the table below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s affirmative final injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit at the rate equal to the relevant estimated weighted-average dumping margins listed in the table below. The all-others rate applies to all producers or exporters not specifically listed. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins for this antidumping duty order are as follows: Exporter or producer Estimated weighted- average dumping margin (percent) Artpack Kagit Ambalaj Anonim Sirketi ................................................................................................................................................. * 47.56 Oztas Ambalaj Sanayi ve Ticaret A.S ................................................................................................................................................. * 47.56 Babet Kagitsilik .................................................................................................................................................................................... * 47.56 Bati Kraft Torba Ambalaj ..................................................................................................................................................................... * 47.56 BFT Packaging .................................................................................................................................................................................... * 47.56 Cicupack Ambalaj ................................................................................................................................................................................ * 47.56 Ekopack Kagit Ambalaj ........................................................................................................................................................................ * 47.56 Elhadefler A.S ...................................................................................................................................................................................... * 47.56 Esda Pack Ambalaj ............................................................................................................................................................................. * 47.56 Haypack Ambalaj ................................................................................................................................................................................. * 47.56 Jefira Global Dis .................................................................................................................................................................................. * 47.56 Kahramanmaras¸ Kag˘ (t Sanayi ve Ticaret Anonim S¸ irketi ................................................................................................................... * 47.56 Multi Kraft Ambalaj .............................................................................................................................................................................. * 47.56 Rad Tekstil ........................................................................................................................................................................................... * 47.56 Suleyman Tabak Kagitcilik .................................................................................................................................................................. * 47.56 Sunvision Tekstil .................................................................................................................................................................................. * 47.56 Yildez Paper Bag Ambalaj Pazarlama ................................................................................................................................................ * 47.56 All Others ............................................................................................................................................................................................. 26.32 * Rate based on the application of adverse facts available. 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. Commerce published the Preliminary Determination in this investigation on January 3, 2024. Commerce did not extend the deadline for issuing its final determination in this investigation, which it published in the Federal Register on March 18, 2024. Therefore, the four-month period beginning on the date of publication of the Preliminary Determination ended on May 1, 2024. Consequently, in accordance with section 733(d) of the Act, Commerce will instruct CBP to terminate the suspension of liquidation, and to liquidate, without regard to antidumping duties, unliquidated U.S. entries of paper shopping bags from Tu¨ rkiye entered, or withdrawn from warehouse, for consumption after May 1, 2024, the final day on which the provisional measures were in effect, through the day preceding the date of publication of the ITC’s affirmative final injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s affirmative final injury determination in the Federal Register. 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.5 On September 27, 2021, Commerce published a notification titled Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions in the Federal Register.6 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. 7 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 notice of the order. Each annual inquiry service list will be maintained in ACCESS, under each case number, and under a specific segment type VerDate Sep<11>2014 17:17 May 08, 2024 Jkt 262001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 39588 Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Notices 8 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. 9 See Final Rule, 86 FR 52335. 1 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 1 See Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 89 FR 28745 (April 19, 2023) (Third Quarter 2023 Update). 2 Id. called ‘‘AISL-Annual Inquiry Service List.’’ 8 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance in the annual inquiry service list segment in ACCESS for the order within 30 days after the date of publication of the order in the Federal Register. For ease of administration, Commerce requests that a law firm with more than one attorney representing an interested party 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 in the Federal Register. 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. 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.’’ 9 Accordingly, as stated above, the petitioners and foreign governments should submit their initial entry of appearance after publication of this notice in the Federal Register 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 entries 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. Notification to Interested Parties This notice constitutes the antidumping duty order with respect to paper shopping bags from Tu¨ rkiye, pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at https://enforcement.trade.gov/ stats/iastats1.html. This antidumping duty order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: May 6, 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 Scope of the Order The products within the scope of the order 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 1 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. [FR Doc. 2024–10253 Filed 5–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In- Quota Rate of Duty AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES : Applicable May 9, 2024. FOR FURTHER INFORMATION CONTACT : Samuel Brummitt, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230, telephone: (202) 482–7851. SUPPLEMENTARY INFORMATION : On April 19, 2024 the U.S. Department of Commerce (Commerce), pursuant to section 702(h) of the Trade Agreements Act of 1979 (as amended) (the Act), published the quarterly update to the annual listing of foreign government subsidies on articles of cheese subject to an in-quota rate of duty covering the period July 1, 2023, through September 30, 2023.1 In the Third Quarter 2023 Update, we requested that any party that had information on foreign government subsidy programs that benefited articles of cheese subject to an in-quota rate of duty submit such information to Commerce.2 We received VerDate Sep<11>2014 17:17 May 08, 2024 Jkt 262001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Vietnam === 45839Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Critical Circumstances Determination, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 321 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Preliminary Determination, 89 FR at 321. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Paper Shopping Bags from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024 (Final Scope Decision Memorandum). 6 See Memorandum, ‘‘Verification of the Questionnaire Responses of Goldsun Packaging and Printing Joint Stock Company in the Antidumping Investigation of Certain Paper Shopping Bags from the Socialist Republic of Vietnam,’’ dated March 27, 2024. 7 See Issues and Decision Memorandum. 8 See Preliminary Determination PDM at 6–8. 9 Id. IV. Rescission of Administrative Review, in Part V. Use of Facts Otherwise Available and Adverse Inferences VI. Subsidies Valuation VII. Analysis of Programs VIII. Recommendation [FR Doc. 2024–11527 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–836] Certain Paper Shopping Bags From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from the Socialist Republic of Vietnam (Vietnam) are being, or likely to be, sold in the United States at less- than-fair value (LTFV) for the period investigation October 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Myrna Lobo, 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) 482–2371. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of paper bags from Vietnam, in which we also postponed the final determination until May 17, 2024. 1 We invited interested parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 3 The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.4 We received comments from parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 5 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice. Final Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.206, Commerce continues to find that critical circumstances exist with respect to imports of paper bags from Vietnam for Goldsun Packaging and Printing Joint Stock Company (Goldsun), the non- selected respondents eligible for a separate rate, and the Vietnam-wide entity. For a discussion and analysis of comments regarding Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, we conducted verifications of the sales and factors of production information submitted by Goldsun for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Goldsun.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached as Appendix II to this notice. Changes Since the Preliminary Determination We have made certain changes to the margin calculation for Goldsun. 7 For a discussion of these changes, see the Issues and Decision Memorandum. Vietnam-Wide Entity and Use of Adverse Facts Available (AFA) Consistent with the Preliminary Determination,8 Commerce continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act, that the use of facts available is warranted in determining the rate of the Vietnam- wide entity, which includes mandatory respondent Hi-Level Enterprise Co., Ltd. (Hi-Level), who did not fully respond to Commerce’s questionnaire, and for the following five non-responsive companies 9 that did not respond to our requests for information: NamCuong Packaging, Pan Pacific Vietnam, SIC Paper Bag, Kien Nang, Co., Ltd. and TLC Packaging. Furthermore, we continue to find that an adverse inference is warranted in selecting from among the facts otherwise available, pursuant to section 776(b) of the Act, because the Vietnam-wide entity, including the above-referenced companies, failed to cooperate by not acting to the best of their ability to comply with Commerce’s requests for information. For the final determination, consistent with the VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45840 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 10 Id. 11 See Initiation Checklist, ‘‘Antidumping Duty Investigation Initiation Checklist: Certain Paper Shopping Bags from the Socialist Republic of Vietnam,’’ dated June 20, 2023. 12 The non-selected companies eligible for a separate rate are: (1) Khang Thanh Manufacturing Company Limited, (2) Vietnam Red Star Industry Company Limited, and 3) Dong Sung Printing Co., Ltd. 13 See Preliminary Determination PDM at 13–14. 14 See section 735(c)(5)(B) of the Act. 15 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,’’ dated April 5, 2005 (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. 16 Dong Sung is sometimes translated as one word ‘‘Dongsung.’’ 17 Id. Preliminary Determination,10 as AFA, we are continuing to assign to the Vietnam-wide entity, including the above-referenced companies, the rate of 92.34 percent, which is the highest margin alleged in the petition.11 Separate Rates We preliminarily found the mandatory respondent Goldsun and certain non-selected separate rate applicants 12 to be eligible for a separate rate in the Preliminary Determination.13 No party commented on our preliminary separate rate determination and we have no basis to otherwise reconsider this determination. Accordingly, we continue to find that Goldsun and the non-selected companies are eligible for a separate rate in the final determination. Generally, Commerce looks to section 735(c)(5)(A) of the Act, which provides instructions for calculating the all- others rate in an investigation, for guidance when calculating the rate for separate rate respondents which we did not individually examine. The statute further provides that, where all margins are zero, de minimis, or based entirely on facts available under section 776 of the Act, Commerce may use ‘‘any reasonable method’’ for assigning the rate to non-selected respondents. 14 In this final determination, the only participating mandatory respondent (i.e., Goldsun) has received a weighted- average dumping margin which is not zero, de minimis, or based entirely on facts available. Therefore, in accordance with section 735(c)(5)(A) of the Act, we have assigned Goldsun’s calculated weighted-average dumping margin (i.e., 36.51 percent) to the non-examined separate rate respondents. Combination Rates Consistent with the Preliminary Determination and Policy Bulletin 05.1,15 Commerce calculated combination rates for Goldsun and three other companies eligible for a separate rate. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter Producer Weighted-average dumping margin (percent) Goldsun Packaging and Printing Joint Stock Company ......... Goldsun Packaging and Printing Joint Stock Company ......... 36.51 Dong Sung Printing Co., Ltd 16 ................................................ Dong Sung Vina Printing Co., Ltd 17 ....................................... 36.51 Khang Thanh Manufacturing Company Limited ...................... Khang Thanh Manufacturing Company Limited ..................... 36.51 Vietnam Red Star Industry Company Limited ......................... Vietnam Red Star Industry Company Limited ........................ 36.51 Vietnam-Wide Entity * 92.34 * Based on AFA. Disclosure We intend to disclose the calculations performed in this final determination within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(4) of the Act, because Commerce continues to find that critical circumstances exist, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of subject merchandise, as described in Appendix I of this notice, entered, or withdrawn from warehouse, for consumption, on or after October 5, 2023, which is 90 days prior to the date of the date of publication of the affirmative Preliminary Determination in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), we will instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the U.S. price as follows: (1) the cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified in the table; (2) for all combinations of Vietnamese exporters/ producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the Vietnam-wide entity; and (3) for all non- Vietnamese exporters of subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Vietnamese exporter/ producer combination that supplied that non-Vietnamese exporter. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from Vietnam no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice serves as the final reminder to parties subject to an VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45841Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 18 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 1 See Certain Paper Shopping Bags from Cambodia: 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 325 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Paper Shopping Bags from Cambodia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 18 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes From the Preliminary Determination IV. Discussion of the Issues Comment 1: Whether To Use the Philippines as the Surrogate Country Comment 2: Whether To Recalculate the Financial Ratios Comment 3: Whether To Adjust the Ocean Freight Surrogate Value Comment 4: Whether To Use Brokerage and Handling for Export Comment 5: Whether To Use Harmonized System Subheading 3919.20 for the Label Input Comment 6: Whether To Correct Programming Errors Related to Units of Measure and Certain Expenses Comment 7: Whether To Make a Negative Critical Circumstances Determination Comment 8: Whether To Use Post- Verification Sales and Factors of Production (FOP) Databases V. Recommendation [FR Doc. 2024–11485 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–555–002] Certain Paper Shopping Bags From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Cambodia are being, or are likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Charles Doss or Kyle Clahane, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4474 or (202) 482–1168, respectively. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of paper bags from Cambodia, in which we also postponed the final determination until May 17, 2024. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from Cambodia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision VerDate Sep<11>2014 18:29 May 23, 2024 Jkt 262001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Determination - Final (1) === 38916 Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 89 FR 19295 (March 18, 2024). accomplishments and contributions which support their selection for a second term. Again, reappointment is NOT guaranteed. All nominations must designate which stakeholder group or community the nominee will represent (see Membership Criteria above, for stakeholder groups and required qualifications). All required documents and any letters of support must be submitted in a SINGLE nomination package. Incomplete packets, packets missing the nominee’s contact information, or those with documents submitted separately WILL NOT be considered. Nominations must be received no later than June 7, 2024. Electronic nomination packages are preferred and should be sent to invasive_species@ ios.doi.gov. As necessary, hard copy nominations can be sent to Stanley W. Burgiel, Executive Director, National Invasive Species Council (OS/NISC), Regular Mail: 1849 C Street NW (Mailstop 3530), Washington, DC, 20240. Authority: 5 U.S.C. ch. 10. Stanley W. Burgiel, Executive Director, National Invasive Species Council. [FR Doc. 2024–09999 Filed 5–7–24; 8:45 am] BILLING CODE 4334–63–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1626 (Final)] Paper Shopping Bags From Turkey; Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of paper shopping bags from Turkey, provided for in subheadings 4819.30.00 and 4819.40.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’). 2 Background The Commission instituted this investigation effective May 31, 2023, following receipt of a petition filed with the Commission and Commerce by the Coalition for Fair Trade in Shopping Bags, a coalition whose members include Novolex Holdings, LLC, Charlotte, North Carolina, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, Pennsylvania. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of paper shopping bags from Turkey were being sold at LTFV within the meaning of § 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of January 18, 2024 (89 FR 3424). The Commission conducted its hearing on March 14, 2024. The Commission made this determination pursuant to § 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determination in this investigation on May 2, 2024. The views of the Commission are contained in USITC Publication 5504 (May 2024), entitled Paper Shopping Bags from Turkey: Inv. No. 731–TA–1626 (Final). By order of the Commission. Issued: May 2, 2024. Sharon Bellamy, Supervisory Hearings and Information Officer. [FR Doc. 2024–10005 Filed 5–7–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1364] Importer of Controlled Substances Application: Wedgewood Village Pharmacy, LLC AGENCY : Drug Enforcement Administration, Justice. ACTION : Notice of application. SUMMARY : Wedgewood Village Pharmacy, LLC has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information. DATES : Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may submit electronic comments on or objections to the issuance of the proposed registration on or before June 7, 2024. Such persons may also file a written request for a hearing on the application on or before June 7, 2024. ADDRESSES : The Drug Enforcement Administration requires that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon submission of your comment, you will receive a Comment Tracking Number. Please be aware that submitted comments are not instantaneously available for public view on https://www.regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. All requests for a hearing must be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing should also be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION : In accordance with 21 CFR 1301.34(a), this is notice that on April 15, 2024, Wedgewood Village Pharmacy, LLC, 7631 East Indian School Road, Suite 201, Scottsdale, Arizona 85251–3607, applied to be registered as an importer of the following basic class(es) of controlled substance(s): Controlled substance Drug code Schedule Etorphine HCL ................. 9059 II Thiafentanil ...................... 9729 II The company plans to import the listed controlled substances for distribution to their customers. No other activities for these drug codes are authorized for this registration. Approval of permit applications will occur only when the registrant’s business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of Food and Drug Administration-approved or non- VerDate Sep<11>2014 17:03 May 07, 2024 Jkt 262001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\08MYN1.SGM 08MYN1 lotter on DSK11XQN23PROD with NOTICES1 I I ──────────────────────────────────────────────────────────── === USITC Determination - Final (2) === 56776 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 89 FR 45829, 89 FR 45834 (May 24, 2024), 89 FR 45841, 89 FR 45823, 89 FR 45843, 89 FR 45826, 89 FR 45821, 89 FR 45845, 89 FR 45832, 89 FR 45839, (May 24, 2024). 3 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determinations are not likely to undermine seriously the remedial effect of the countervailing duty orders on paper shopping bags from China and India, or the antidumping duty orders on paper shopping bags from Cambodia, China, Taiwan and Vietnam. analyze the impacts of issuing an incidental take permit based on the draft plan; to inform the public of the proposed action, any alternatives, and associated impacts; and to disclose any irreversible commitments of resources. Proposed Action The proposed action is the Service’s issuance of an incidental take permit for a period of 30 years for covered species that could be affected by PG&E’s operations and maintenance activities and minor new construction (covered activities). The valley elderberry longhorn beetle, federally listed as threatened, is the only species included as a covered species in the draft plan. The permit is requested to fill gaps in coverage from PG&E’s three other habitat conservation plans, which include coverage for other federally listed species that occur in the plan area. Measures outlined in these three other plans will continue to be implemented along with the measures included in the draft plan in areas where multiple plans overlap. The goal of PG&E’s overall program for the draft plan is to avoid, minimize, and mitigate temporary and permanent impacts to the beetle and its habitat resulting from covered activities. Covered activities will occur in all or part of the following 12 California counties: Solano, Contra Costa, San Joaquin, Alameda, Stanislaus, Merced, Napa, Santa Clara, San Benito, Fresno, Mariposa and Madera. The total plan area is approximately 477,646 acres. It includes PG&E gas and electric transmission and distribution facilities plus rights-of-way, the lands owned by PG&E or subject to PG&E easements to maintain these facilities, private and public access routes associated with PG&E’s routine maintenance, a buffer around the rights of way, areas of minor new construction, and mitigation areas acquired to mitigate effects resulting from covered activities. Public Comments We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice, the draft EA, and the draft plan. We particularly seek comments on the following: 1. Biological information concerning the species; 2. Relevant data concerning the species; 3. Additional information concerning the range, distribution, population size, and population trends of the species; 4. Current or planned activities in the area and their possible impacts on the species; 5. The presence of archeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns, which are required to be considered in project planning by the National Historic Preservation Act; and 6. Any other environmental issues that should be considered with regard to the proposed development and permit action. Public Availability of Comments Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—might be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority We publish this notice under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), and its implementing regulations at 40 CFR 1500–1508, as well as in compliance with section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations at 50 CFR 17.22 and 17.32. Michael Fris, Field Supervisor, Sacramento Fish and Wildlife Office. [FR Doc. 2024–15085 Filed 7–9–24; 8:45 am] BILLING CODE 4333–15–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–690–691, 731– TA–1619–1625 and 731–TA–1627 (Final)] Paper Shopping Bags From Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, provided for in subheadings 4819.30.00 and 4819.40.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’) and subsidized by the Governments of China and India.2 3 Background The Commission instituted these investigations effective May 31, 2023, following receipt of petitions filed with the Commission and Commerce by the Coalition for Fair Trade in Shopping Bags, a coalition whose members include Novolex Holdings, LLC, Charlotte, North Carolina, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, Pennsylvania. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of paper shopping bags from China and India were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of January 18, 2024 (89 FR 3424). The Commission conducted its hearing on March 14, 2024. The investigation schedules became staggered when Commerce did not postpone its final determination for the antidumping duty investigation regarding paper shopping bags from Turkey, while it did postpone the final determinations for the countervailing duty investigations regarding paper VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 56777Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices shopping bags from China and India, and the antidumping duty investigations regarding paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam. On May 2, 2024, the Commission issued a final affirmative determination in its antidumping duty investigation of paper shopping bags from Turkey (89 FR 38916). Following notification of final determinations by Commerce that imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam were being sold at LTFV within the meaning of section 735(a) of the Act (19 U.S.C. 1673d(a)) and subsidized by the governments of China and India within the meaning of section 705(a) of the Act (19 U.S.C. 1671d(a)), notice of the supplemental scheduling of the final phase of the Commission’s countervailing and antidumping duty investigations was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of June 3, 2024 (89 FR 47613). The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on July 5, 2024. The views of the Commission are contained in USITC Publication 5522 (July 2024), entitled Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam: Investigation Nos. 701–TA– 690–691, 731–TA–1619–1625 and 731– TA–1627 (Final). By order of the Commission. Issued: July 5, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–15181 Filed 7–9–24; 8:45 am] BILLING CODE 7020–02–P JUDICIAL CONFERENCE OF THE UNITED STATES Advisory Committee on Criminal Rules; Meeting of the Judicial Conference AGENCY : Judicial Conference of the United States. ACTION : Advisory Committee on Criminal Rules; notice of open meeting. SUMMARY : The Advisory Committee on Criminal Rules will hold a meeting in a hybrid format with remote attendance options on November 7, 2024 in New York, NY. The meeting is open to the public for observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: https:// www.uscourts.gov/rules-policies/ records-and-archives-rules-committees/ agenda-books. DATES : November 7, 2024. FOR FURTHER INFORMATION CONTACT : H. Thomas Byron III, Esq., Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. (Authority: 28 U.S.C. 2073.) Dated: July 5, 2024. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2024–15163 Filed 7–9–24; 8:45 am] BILLING CODE 2210–55–P JUDICIAL CONFERENCE OF THE UNITED STATES Advisory Committee on Evidence Rules; Meeting of the Judicial Conference AGENCY : Judicial Conference of the United States. ACTION : Advisory Committee on Evidence Rules; notice of open meeting. SUMMARY : The Advisory Committee on Evidence Rules will hold a meeting in a hybrid format with remote attendance options on November 8, 2024 in New York, NY. The meeting is open to the public for observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: https:// www.uscourts.gov/rules-policies/ records-and-archives-rules-committees/ agenda-books. DATES : November 8, 2024. FOR FURTHER INFORMATION CONTACT : H. Thomas Byron III, Esq., Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. (Authority: 28 U.S.C. 2073.) Dated: July 5, 2024. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2024–15164 Filed 7–9–24; 8:45 am] BILLING CODE 2210–55–P OFFICE OF MANAGEMENT AND BUDGET Notice of Training Sessions: Effective Participation in the Public Comment Process With the Office of Information and Regulatory Affairs AGENCY : Office of Management and Budget, Executive Office of the President. ACTION : Notice of training sessions. SUMMARY : The notice-and-comment Federal rulemaking process allows any member of the public to submit a comment on an agency’s proposed rule, and in developing any final rule the agency generally must respond to relevant and significant public comments. As part of its efforts to strengthen public engagement in the Federal regulatory process, the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will offer training sessions on effective public participation in the public comment process. DATES : The training sessions will be held on July 18, 2024, at 3 to 3:45 p.m., Eastern Time, and July 24, 2024, at 5:30 to 6:15 p.m., Eastern Time. ADDRESSES : Information to access the virtual training sessions will be provided upon registration. Members of the public may register by sending an email to publicparticipation@ omb.eop.gov, noting the session they would like to attend. FOR FURTHER INFORMATION CONTACT : Please email the Office of Management and Budget at publicparticipation@ omb.eop.gov. SUPPLEMENTARY INFORMATION : Notice- and-comment rulemaking generally affords any interested individual or organization the opportunity to provide written input on a Federal agency’s proposed rule. Agencies, in turn, are generally required to review these comments as they consider how best to finalize their regulatory proposals, and to respond to relevant and significant public comments in any subsequent final rule. Interested members of the public who wish to comment, however, may not always be aware of the most effective way of participating in the notice-and- comment process. In public comments and listening sessions held prior to the release of OIRA’s Memorandum, Broadening Public Participation and Community Engagement in the Regulatory Process, members of the public noted challenges they face in seeking to participate in the notice-and- VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - India === 76185Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 1 See Certain Paper Shopping Bags from India and the People’s Republic of China: Initiation of Countervailing Duty Investigations, 88 FR 41380 (June 26, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from the People’s Republic of China and India: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 88 FR 52122 (August 7, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Countervailing Duty Investigation of Certain Paper Shopping Bags from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41380–81. 6 See Preliminary Decision Memorandum at 5–6. 7 The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 9 See Petitioner’s Letter, ‘‘Petitioner’s Request to Align Countervailing Duty Investigation Final Determination with Antidumping Duty Investigation Final Determination,’’ dated October 5, 2023. DEPARTMENT OF COMMERCE International Trade Administration [C–533–918] Certain Paper Shopping Bags From India: Preliminary Affirmative Determination of Countervailable Subsidies, Preliminary Affirmative Determination of Critical Circumstances in Part, and Alignment of Final Determination With the Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain paper shopping bags (paper bags) from India. The period of investigation (POI) is January 1, 2022, through December 31, 2022. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 6, 2023. FOR FURTHER INFORMATION CONTACT : Paul Kebker or Drew Jackson, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2254 or (202) 482–4406, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this countervailing duty (CVD) investigation on June 26, 2023. 1 On August 7, 2023, Commerce postponed the preliminary determination until October 30, 2023. 2 For a complete description of events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed 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. Scope of the Investigation The products covered by this investigation are paper bags from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).5 We received comments concerning the scope of the concurrent antidumping duty (AD) and CVD investigations of paper bags as it appeared in the Initiation Notice, which are listed in the Preliminary Decision Memorandum.6 We are currently evaluating the scope comments filed by the interested parties and intend to issue our preliminary decision regarding the scope of the AD and CVD investigations prior to or concurrently with the AD preliminary determinations. We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation, after considering any relevant comments submitted in scope case and rebuttal briefs. 7 Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 703(e)(1) of the Act, we preliminarily find that critical circumstances exist with respect to imports of subject merchandise for Velvin Paper Products. Additionally, we find that critical circumstances do not exist for Aero Plast Packaging Solutions Private Limited and companies subject to the all-others subsidy rate. For a full discussion of our preliminary critical circumstances determination, see the ‘‘Critical Circumstances’’ section of the Preliminary Decision Memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.8 Commerce notes that, in making these findings, it relied, in part, on facts available. For further information, see the ‘‘Use of Facts Otherwise Available’’ section in the Preliminary Decision Memorandum. Alignment In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of paper bags from India based on a request made by the Coalition For Fair Trade in Shopping Bags (the petitioner). 9 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than March 11, 2024, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall normally be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce preliminarily calculated individual estimated countervailable subsidy rates for both mandatory respondents that are not zero, de minimis, or based entirely on facts otherwise available. Therefore, Commerce calculated the all-others rate using a weighted average of the individually estimated subsidy rates calculated for the examined respondents VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1 ddrumheller on DSK120RN23PROD with NOTICES1 76186 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 10 See Memorandum, ‘‘Calculation of the Weighted-Average Dumping Margin for Companies Noy Selected for Individual Examination,’’ dated concurrently with this notice. 11 As discussed in the Preliminary Decision Memorandum, Commerce preliminarily determines that Aero Plast Packaging Solutions Private Limited is cross-owned with Aero Business Solutions Private Limited and Aero Plast Limited. 12 As discussed in the Preliminary Decision Memorandum, Commerce preliminarily determines that Velvin Paper Products is cross-owned with Velvin Packaging Solutions Private Limited. 13 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 14 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). 15 See 19 CFR 351.310(d). using each company’s public ranged data for the value of its exports of subject merchandise to the United States. 10 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Aero Plast Packaging Solu- tions Private Limited 11 ...... 5.00 Velvin Paper Products 12 ...... 2.37 All Others .............................. 3.47 Suspension of Liquidation In accordance with section 703(e)(2)(A) of the Act, because we find that critical circumstances exists for Velvin Paper Products, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date 90 days prior to the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. For Aero Plast Packaging Solutions Private Limited and companies subject to the ‘‘all-others’’ subsidy rate, in accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct CBP to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of the publication of this notice, in accordance with 19 CFR 351.244(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment All interested parties will have the opportunity to submit scope case and rebuttal briefs on the preliminary decision regarding the scope of the AD and CVD investigations. The deadlines to submit scope case and rebuttal briefs will be provided in the preliminary scope decision memorandum. For all scope case and rebuttal briefs, parties must file identical documents simultaneously on the records of the ongoing AD and CVD investigations. No new factual information or business proprietary information may be included in either scope case or rebuttal briefs. Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. Interested parties will be notified of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs after the deadline date for case briefs.13 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 14 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, and a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing. 15 U.S. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. 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 paper bags from India are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: October 30, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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 • Shopping bags (i) with non-paper handles made wholly of woven ribbon or VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1 ddrumheller on DSK120RN23PROD with NOTICES1 76187Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices other similar woven fabric 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). The 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Injury Test VI. Preliminary Determination of Critical Circumstances, In Part VII. Use of Facts Otherwise Available VIII. Subsidies Valuation IX. Benchmark Interest Rates and Discount Rates X. Diversification of India’s Economy XI. Analysis of Programs XII. Recommendation [FR Doc. 2023–24472 Filed 11–3–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number: 230818–0199] Request for Information on Implementation of the United States Government National Standards Strategy for Critical and Emerging Technology (USG NSSCET); Extension of Comment Period AGENCY : National Institute of Standards and Technology (NIST), Commerce. ACTION : Notice; extension of comment period. SUMMARY : The National Institute of Standards and Technology (NIST) is extending the period for submitting comments to support the development of an implementation plan for the United States Government National Standards Strategy for Critical and Emerging Technology (USG NSSCET) until December 22, 2023. In a Request for Information (RFI) that published in the Federal Register on September 7, 2023, NIST requested information on behalf of the U.S. Department of Commerce and the U.S. Government to support the development of an implementation plan for the United States Government National Standards Strategy for Critical and Emerging Technology (USG NSSCET). The USG NSSCET is intended to support and complement existing private sector-led activities and plans, including the American National Standards Institute (ANSI) United States Standards Strategy (USSS), with a focus on critical and emerging technology(ies) (CET). The USG NSSCET reinforces the U.S. Government’s support of a private sector-led, open, consensus-based international standards system, corresponding to the World Trade Organization (WTO) Technical Barriers to Trade (TBT) Committee decision that articulates and elaborates on principles that are fundamental to the development of an international standards: transparency; openness; impartiality and consensus; effectiveness and relevance; and coherence. To inform the USG NSSCET implementation, including how to best partner with relevant stakeholders, NIST is requesting information that will support the identification and prioritization of key activities that will optimize the USG NSSCET implementation and further enhance the U.S. Government’s ability to support a private sector-led, open, consensus- based international standards system, to which the U.S. Government is an active stakeholder and participant. DATES : Comments must be received by 11:59 p.m. Eastern time on December 22, 2023. Comments received after November 6, 2023 and before publication of this notice are deemed to be timely. Submissions received after December 22, 2023 may not be considered. Those who have already submitted comments need not resubmit. ADDRESSES : Comments may be submitted by either of the following methods: • Electronic submission: Submit electronic public comments via the Federal eRulemaking Portal. 1. Go to www.regulations.gov and enter NIST–2023–0005 in the search field, 2. Click the ‘‘Comment Now!’’ icon, complete the required fields, and 3. Enter or attach your comments. Comments containing references, studies, research, and other empirical data that are not widely published should include copies of the referenced materials. All submissions, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. All comments responding to this document will be a matter of public record. Relevant comments will generally be available on the Federal eRulemaking Portal at www.regulations.gov. After the comment period closes, relevant comments will generally be available on www.standards.gov. NIST will not accept comments accompanied by a request that part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. Therefore, do not submit confidential business information or otherwise sensitive, protected, or personal information, such as account numbers, Social Security numbers, or names of other individuals. For Public Meetings/Webcast: NIST may hold a series of ‘‘Listening Sessions’’ or ‘‘Stakeholder Events’’ in support of the USG NSSCET implementation. Information on these and any other NIST-sponsored events in connection with the USG NSSCET implementation will be announced at www.standards.gov. FOR FURTHER INFORMATION CONTACT : For questions about this notice please contact: Standards Coordination Office (SCO), NIST via email at sco@nist.gov or by phone at (301) 975–5633. Please direct all media inquiries to Public Affairs Office (PAO), NIST via email at inquires@nist.gov or by phone at (301) 975–2762. SUPPLEMENTARY INFORMATION : In an RFI that published in the Federal Register on September 7, 2023 (88 FR 61527), NIST requested information on behalf of the U.S. Department of Commerce and the U.S. Government to support the development of an implementation plan for the United States Government National Standards Strategy for Critical and Emerging Technology (USG NSSCET). The USG NSSCET is intended to support and complement existing private sector-led activities and plans, including the American National Standards Institute (ANSI) United States Standards Strategy (USSS), with a focus on critical and emerging technology(ies) (CET). The U.S. standards development system is unique because it is built upon a wide variety of processes that are open, voluntary, decentralized, and led by the private sector. These processes feature openness to participation by materially interested stakeholders with consensus-based decision making. Finalized standards VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Preliminary - China === 76180 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 1 See Certain Paper Shopping Bags from India and the People’s Republic of China: Initiation of Countervailing Duty Investigations, 88 FR 41380 (June 26, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from the People’s Republic of China and India: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 88 FR 52122 (August 7, 2023). 3 See Memorandum, ‘‘Decision Memorandum for Preliminary Affirmative Determination of the Countervailing Duty Investigation of Certain Paper Shopping Bags from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41380. 6 See Preliminary Decision Memorandum at 2–3. 7 The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. 8 The non-responsive companies are: (1) Bagitan Packaging; (2) Changzhou Anjucheng; (3) Courage Packaging; (4) Evertrust Packaging; (5) Geotegrity EcoPack; (6) GrandIntelligent; (7) Li & Fung; (8) Qindao Chenyu Packaging Co., Ltd.; (9) Shanghai Macolink Supply Chain Management Co., Ltd.; (10) Shanghai Sanxi Paper Co., Ltd.; (11) Xiamen C&D Pulp & Paper Co., Ltd.; (12) Xiamen Champion FMCG; (13) Xiamen New Idea Packaging Co., Ltd.; and (14) Xiamen Wonderful Bag Import and Export Co., Ltd. 9 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, except, where the rate calculated in the final results is zero or de minimis, no cash deposit will be required. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties These preliminary results are issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) and 19 CFR 351.221(b)(4). Dated: October 31, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Partial Rescission of Administrative Review V. Scope of the Order VI. Diversification of Korea’s Economy VII. Subsidies Valuation Information VIII. Analysis of Programs IX. Recommendation [FR Doc. 2023–24475 Filed 11–3–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–153] Certain Paper Shopping Bags From the People’s Republic of China: Preliminary Affirmative Determination of Countervailable Subsidies, Preliminary Affirmative Determination of Critical Circumstances, and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain paper shopping bags (paper bags) from the People’s Republic of China (China). The period of investigation (POI) is January 1, 2022, through December 31, 2022. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 6, 2023. FOR FURTHER INFORMATION CONTACT : Seth Brown, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0029. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this countervailing duty (CVD) investigation on June 26, 2023. 1 On August 7, 2023, Commerce postponed the preliminary determination until October 30, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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. Scope of the Investigation The products covered by this investigation are paper bags 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, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (scope). 5 We received comments from interested parties commented on the scope of the concurrent antidumping duty (AD) and CVD investigations as it appeared in the Initiation Notice, which are listed in the Preliminary Decision Memorandum. 6 We are currently evaluating the scope comments filed by interested parties and intend to issue our preliminary decision regarding the scope of the AD and CVD investigations prior to or concurrently with the AD preliminary determinations. We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation, after considering any relevant comments submitted in scope case and rebuttal briefs. 7 Preliminary Affirmative Determination of Critical Circumstances In accordance with section 703(e)(1) of the Act, we preliminarily find that critical circumstances exist with respect to imports of subject merchandise for Dongzheng Paper Bag (Dalian) Factory (Dongzheng), Fujian Nanwang Environment Protection Scien-tech Co., Ltd. (Fujian Nanwan) the non- responsive companies,8 and all other producers and/or exporters. For a full discussion of our preliminary critical circumstances determination, see the ‘‘Critical Circumstances’’ section of the Preliminary Decision Memorandum. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific. 9 Commerce notes that, in making these findings, it relied, in part, on facts VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1 ddrumheller on DSK120RN23PROD with NOTICES1 76181Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 10 See sections 776(a) and (b) of the Act. 11 See Petitioner’s Letter, ‘‘Petitioner’s Request to Align Countervailing Duty Investigation Final Determination with Antidumping Duty Investigation Final Determination,’’ dated October 5, 2023. 12 See Preliminary Decision Memorandum at Appendix I. 13 See Memorandum, ‘‘Calculations of ‘All Others’ Rate for the Preliminary Determination of the Countervailing Duty Investigation of Certain Paper Shopping Bags from the People’s Republic of China,’’ dated concurrently with this notice, at 1. 14 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Fujian Nanwang: Zhuhai Zhongyue Paper Cup Container Co., Ltd.; Anhui Nanwang Environmental Protection Technology Co., Ltd., Xianghe Nanwang Environmental Protection Technology Co., Ltd.; and Hubei Nanwang Environmental Protection Technology Co., Ltd. 15 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 16 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). available, and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available. 10 For further information, see the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section of the Preliminary Decision Memorandum. Alignment In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of paper bags from China based on a request made by the Coalition for Fair Trade in Shopping Bags (the petitioner).11 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than March 11, 2024, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce preliminarily calculated individual estimated countervailable subsidy rates for Dongzheng and Fujian Nanwang that are not zero, de minimis, or based entirely on facts otherwise available. 12 Therefore, Commerce calculated the all- others rate using a weighted average of the individually estimated subsidy rates calculated for the examined respondents using each company’s public ranged data for the value of its exports of subject merchandise to the United States.13 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Bagitan Packaging ................ 144.03 Changzhou Anjucheng ......... 144.03 Courage Packaging .............. 144.03 Dongzheng Paperbag (DaLian) Factory ............... 12.43 Evertrust Packaging ............. 144.03 Fujian Nanwang Environ- ment Protection Scien- Tech Co., Ltd.14 ................ 13.96 Geotegrity EcoPack .............. 144.03 GrandIntelligent .................... 144.03 Li & Fung .............................. 144.03 Qindao Chenyu Packaging Co., Ltd ............................. 144.03 Shanghai Macolink Supply Chain Management Co., Ltd ..................................... 144.03 Shanghai Shanxi Paper Co., Ltd ..................................... 144.03 Xiamen C&D Pulp & Paper Co., Ltd ............................. 144.03 Xiamen Champion FMCG .... 144.03 Xiamen New Idea Packaging Co., Ltd ............................. 144.03 Xiamen Wonderful Bag Im- port and Export Co., Ltd ... 144.03 All Others .............................. 13.84 Suspension of Liquidation In accordance with section 703(e)(2)(A) of the Act, because we find that critical circumstances exist for Dongzhen, Fujian Nanwang, the non- response companies, and all other producers and/or exporters, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date 90 days prior to the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of the publication of this notice, in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment All interested parties will have the opportunity to submit scope case and rebuttal briefs on the preliminary decision regarding the scope of the AD and CVD investigations. The deadlines to submit scope case and rebuttal briefs will be provided in the preliminary scope decision memorandum. For all scope case and rebuttal briefs, parties must file identical documents simultaneously on the records of the ongoing AD and CVD paper bags investigations. No new factual information or business proprietary information may be included in either scope case or rebuttal briefs. Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. Interested parties will be notified of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs after the deadline date for case briefs.15 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 16 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, and a list of the VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1 ddrumheller on DSK120RN23PROD with NOTICES1 76182 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 17 See 19 CFR 351.310(d). 1 See Phosphate Fertilizers from the Russian Federation: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2020–2021, 88 FR 28505, 28506 (May 4, 2023) (Preliminary Results) and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated August 4, 2023. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Phosphate Fertilizers from the Russian Federation; 2020–2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Countervailing Duty Orders, 86 FR 18037 (April 7, 2021) (Order). issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing. 17 U.S. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports 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 703(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: October 30, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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 weight of less than 62 GSM, and a height of less than 11.5 inches; and • Shopping bags (i) with non-paper handles made wholly of woven ribbon or other similar woven fabric 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Injury Test VI. Analysis of China’s Financial System VII. Diversification of China’s Economy VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Subsidies Valuation X. Benchmarks and Interest Rates XI. Analysis of Programs XII. Critical Circumstances XIII. Recommendation [FR Doc. 2023–24473 Filed 11–3–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–821–825] Phosphate Fertilizers From the Russian Federation: Final Results of Countervailing Duty Administrative Review; 2020–2021 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that Joint Stock Company Apatit (JSC Apatit), a producer/exporter of phosphate fertilizers from the Russian Federation (Russia), received countervailable subsidies during the period of review (POR), November 30, 2020, through December 31, 2021. DATES : Applicable November 6, 2023. FOR FURTHER INFORMATION CONTACT : Shane Subler or William Horn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241 or (202) 482–4868, respectively. SUPPLEMENTARY INFORMATION : Background Commerce published the preliminary results of this administrative review on May 4, 2023. 1 On August 4, 2023, Commerce extended the deadline for the final results of this review to no later than October 31, 2023.2 For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum. 3 We conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 4 The products covered by this Order are phosphate fertilizers. For a complete description of the scope of this Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in interested parties’ case briefs are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues raised by parties, and to which Commerce responded in the Issues and Decision Memorandum, is provided in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Taiwan === 331Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Paper Shopping Bags from Taiwan,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). Dated: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margin Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2023–28946 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–872] Certain Paper Shopping Bags From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, 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 that certain paper shopping bags (paper bags) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. 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 in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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. Scope of the Investigation The products covered by this investigation are certain paper shopping bags from Taiwan. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 in the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices for Haurtyi Paper Bag Co. (Haurtyi) in accordance with section 772(a) of the Act. Normal value for Haurtyi is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce has preliminarily relied on facts otherwise available, with adverse inferences (AFA), for Juang Jia Guoo Co., Ltd. (JJG). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206(c), Commerce preliminarily determines that critical circumstances exist with respect to imports of paper bags from Taiwan for JJG and for all other producers and exporters. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that, in a preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Where the rates for individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 735(c)(5)(B) of the Act instructs Commerce to rely on ‘‘any reasonable method to establish the estimated all- others rate for exporters and producers not individually investigated, including averaging the estimated weighted- average dumping margins determined VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 332 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 7 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). 8 See 19 CFR 351.309(c)(2) and (d)(2). 9 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 10 See APO and Service Final Rule. for the exporters and producers individually investigated.’’ Commerce has preliminarily determined the dumping margin for JJG under section 776 of the Act and has calculated an estimated weighted- average dumping margin for Haurtyi of zero. Consequently, pursuant to section 735(c)(5)(B) of the Act, we calculated the all-others rate based on a simple average of the zero percent dumping margin and the dumping margin based on AFA. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer/exporter Weighted- average dumping margin (percent) Haurtyi Paper Bag Co ................ 0.00 Juang Jia Guoo Co., Ltd ............ * 60.26 All Others .................................... 30.13 * Rate based on AFA. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rates for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered; or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise produced or exported by JJG. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the producer/exporter 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. Because the estimated weighted- average dumping margin for Haurtyi is zero, entries of shipments of subject merchandise from this company will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/ exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of entries of subject merchandise produced and exported by Haurtyi. Entries of shipments of subject merchandise from Haurtyi in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all-others rate. Should the final estimated weighted- average dumping margin be zero or de minimis for Haurtyi, entries of shipments of subject merchandise produced and exported by the company will be excluded from the potential antidumping duty order. Such an exclusion would not be applicable to merchandise exported to the United States by this respondent in any other producer/exporter combination or by third parties that sourced subject merchandise from the excluded producer/exporter combination. These suspension of liquidation measures will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. 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.7 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.8 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. 9 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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).10 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 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 333Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 11 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of the Final Determinations,’’ dated November 21, 2023. 12 See Haurtyi’s Letter, ‘‘Request for Extension of Final Determination,’’ dated December 13, 2023. 13 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 21, 2023, the Coalition For Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination. 11 On December 13, 2023, Haurtyi requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial 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. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. 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 paper bags from Taiwan are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary For Enforcement and Compliance. Appendix I Scope of the Investigation 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 13 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Use of Facts Available With Adverse Inferences V. Discussion of the Methodology VI. Critical Circumstances VII. Currency Conversion VIII. Recommendation [FR Doc. 2023–28943 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–825] Certain Paper Shopping Bags From Malaysia: Preliminary Affirmative Determination of Sales at Less-Than- Fair-Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain paper shopping bags (paper bags) from Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Dan Alexander, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4313. SUPPLEMENTARY INFORMATION : VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Malaysia === 333Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 11 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of the Final Determinations,’’ dated November 21, 2023. 12 See Haurtyi’s Letter, ‘‘Request for Extension of Final Determination,’’ dated December 13, 2023. 13 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 21, 2023, the Coalition For Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination. 11 On December 13, 2023, Haurtyi requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial 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. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. 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 paper bags from Taiwan are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary For Enforcement and Compliance. Appendix I Scope of the Investigation 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 13 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Use of Facts Available With Adverse Inferences V. Discussion of the Methodology VI. Critical Circumstances VII. Currency Conversion VIII. Recommendation [FR Doc. 2023–28943 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–825] Certain Paper Shopping Bags From Malaysia: Preliminary Affirmative Determination of Sales at Less-Than- Fair-Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain paper shopping bags (paper bags) from Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Dan Alexander, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4313. SUPPLEMENTARY INFORMATION : VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 334 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags From Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589, (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097, (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of Sales at Less Than Fair Value in the Investigation of Certain Paper Shopping Bags from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties: Final Rule, 62 FR 27296 (May 19, 1997) (Preamble). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 7 With two respondents under examination, Commerce normally calculates: (A) a weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s publicly ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closer to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010), and accompanying Issues and Decision Memorandum at Comment 1; see also Memorandum, ‘‘All-Others Rate Calculation,’’ dated concurrently with this notice. 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 in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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. Scope of the Investigation The products covered by this investigation are paper bags from Malaysia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations, 4 the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadlines for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Constructed export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences (AFA), to assign a dumping margin for Kooka Paper Manufacturing Sdn. Bhd. (Kooka). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce has preliminarily determined the estimated weighted-average dumping margin for Kooka under section 776 of the Act. Commerce calculated estimated weighted-average dumping margins that are above de minimis for the mandatory respondents, Nanwang and Hexachase. Therefore, Commerce calculated the all- others rate by weight-averaging the estimated weighted-average dumping margins that it calculated for the individually examined respondents. Commerce weight-averaged these dumping margins using the publicly ranged total quantities of each respondent’s sales of subject merchandise to the United States during the POI.7 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Exporter/producer Weighted- average dumping margin (percent) Hexachase Packaging Sdn. Bhd 3.10 Nanwang Pack (M) Sdn. Bhd ..... 67.94 Kooka Paper Manufacturing Sdn. Bhd ................................. * 112.22 All others ..................................... 35.52 * Rate based on AFA. Disclosure Commerce intends to disclose its calculations and analysis performed in connection with this preliminary determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 335Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 8 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). 9 See 19 351.309(c)(2) and (d)(2). 10 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 11 See APO and Service Final Rule. 12 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. weighted-average dumping margin determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin. Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted not later than five days after the date for filing case briefs.8 Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 9 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.10 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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). 11 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. Parties should confirm the date and time of the hearing two days before the scheduled date. 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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 12 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Application of Facts Available and Use of Adverse Inferences V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2023–28941 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00017 Fmt 4703 Sfmt 9990 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Cambodia === 325Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 3 See Petitioners’ Letter, ‘‘Notice of Intent to Participate,’’ dated September 15, 2023. 4 See Petitioners’ Letter, ‘‘Substantive Response,’’ dated September 29, 2023 (Petitioners’ Substantive Response). 5 See Commerce’s Letter ‘‘Sunset Reviews Initiated on September 1, 2023,’’ dated October 25, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Stainless Steel Bar from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum) On September 15, 2023, Commerce received a notice of intent to participate from Carpenter Technology Corporation, Crucible Industries LLC, Electralloy, a G.O., Carlson, Inc. Company, Marcegaglia Stainless Richburg, LLC, North American Stainless, Universal Stainless & Alloy Products, Inc., and Valbruna Slater Stainless, Inc. (collectively, the petitioners) within the deadline specified in 19 CFR 351.218(d)(1)(i). 3 The petitioners claimed interested party status under section 771(9)(C) of the Act as producers of a domestic like product in the United States. On September 29, 2023, we received a timely, adequate substantive response to the Initiation Notice from the petitioners within the 30-day deadline specified in 19 CFR 218(d)(3)(i).4 We received no substantive response from respondent parties nor was a hearing requested. On October 25, 2023, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive adequate substantive responses from any other interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited, i.e., 120-day, sunset review of the Order. Scope of the Order The merchandise subject to the Order is SS Bar. SS Bar means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons or other convex polygons. SS Bar includes cold-finished SS Bars that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi- finished products, cut length flat-rolled products (i.e., cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire (i.e., cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. Imports of these products are currently classifiable under subheadings 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule (HTS). Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of the Order is dispositive. Analysis of the Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the Order was revoked.6 A list of topics discussed in the Issues and Decision Memorandum is included as the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Expedited Sunset Review Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping and that the magnitude of the margins of dumping likely to prevail would be at rates up to 21.02 percent. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2). Dated: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of Margin of Dumping Likely to Prevail VII. Final Results of Expedited Sunset Review VIII. Recommendation [FR Doc. 2023–28931 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–555–002] Certain Paper Shopping Bags From Cambodia: 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 shopping bags (paper bags) from Cambodia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Charles Doss or Kyle Clahane, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 326 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Paper Shopping Bags from Cambodia,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 7 See Preliminary Decision Memorandum at the section titled, ‘‘Treatment of UUPak’s Sales.’’ Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4474 or (202) 482–5449, 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 June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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. Scope of the Investigation The products covered by this investigation are certain paper bags from Cambodia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 in the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily relied upon facts otherwise available, with adverse inferences for Pan Pacific Plastics Manufacturing, Inc. (Pan Pacific). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Determination of Critical Circumstances, in Part In accordance with section 733(e) of the Act and 19 CFR 351.206(c), Commerce preliminarily determines that critical circumstances do not exist with respect to imports of paper bags from Cambodia for Nice Packaging (Cambodia) Co., Ltd. (Nice) and for all other producers and exporters, but do exist with respect to imports of paper bags from Pan Pacific. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Nice. As explained in the Preliminary Decision Memorandum, Commerce has preliminarily determined that, under section 772(a) of the Act, UUPak Company Limited (UUPak) did not have any reviewable sales during the POI and, as such, has not calculated a preliminary margin for UUPak.7 As a result, because we have only calculated one margin and that margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Nice is the margin assigned to UUPak and all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer/exporter Weighted- average dumping margin (percent) Nice Packaging (Cambodia) Co., Ltd ........................................... 10.05 UUPak Company Limited ........... 10.05 Pan Pacific Plastics Manufac- turing, Inc ................................ 248.81 All Others .................................... 10.05 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered; or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 327Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 8 Case briefs and rebuttal briefs submitted in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum. 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 10 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). 11 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 12 See APO and Final Service Rule. 13 See Nice’s Letter, ‘‘Request to Extend Final Results,’’ dated November 17, 2023. 14 See Petitioner’s Letter, ‘‘Petitioner’s Request For Postponement Of The Final Determinations,’’ dated November 21, 2023. for imports of subject merchandise produced or exported by Pan Pacific. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the producer/exporter 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. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rates for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins calculated in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. 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 the Federal Register accordance with 19 CFR 351.224(b). 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 final verification report is issued in this investigation. 8 Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. 10 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.11 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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). 12 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 date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by exporters for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 17, 2023, pursuant to 19 CFR 351.210(e), Nice, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.13 On November 21, 2023, the Coalition For Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination. 14 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial 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. 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 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 328 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 15 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 1 See Prestressed Concrete Steel Wire Strand from Malaysia: Preliminary Results of Antidumping Duty Administrative Review, 2020–2022, 88 FR 43284 (July 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation Notice). Although there are five entities listed in the Initiation Notice, one of these entities (i.e., Kiswire Sdn. Bhd. (Kota Kiswire)) is part of another exporter/producer under review. For further details, see the Preliminary Results PDM at footnote 4. 3 See Memorandum, ‘‘Respondent Selection,’’ dated August 26, 2022. 4 See Memoranda, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review, 2020–2022,’’ dated October 20, 2023; and ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review, 2020– 2022,’’ dated December 15, 2023. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Prestressed Concrete Steel Wire Strand from Malaysia; 2020–2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Prestressed Concrete Steel Wire Strand from Indonesia, Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine: Antidumping Duty Orders, 86 FR 29998 (June 4, 2021) (Order). 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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 15 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Affiliation V. Use of Facts Available With Adverse Inference VI. Discussion of the Methodology VII. Critical Circumstances VIII. Currency Conversion IX. Recommendation [FR Doc. 2023–28937 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–819] Prestressed Concrete Steel Wire Strand From Malaysia: Final Results of Antidumping Duty Administrative Review; 2020–2022 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that prestressed concrete steel wire strand (PC strand) from Malaysia was not sold in the United States at less than normal value during the period of review (POR), November 19, 2020, through May 31, 2022. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Miranda Bourdeau or Samuel Frost, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC 20230; telephone: (202) 482–2021 or (202) 482–8180. SUPPLEMENTARY INFORMATION : Background On July 7, 2023, Commerce published the preliminary results of this administrative review and invited parties to comment on the Preliminary Results. 1 This administrative review covers four producers/exporters of PC strand from Malaysia.2 Commerce selected two respondents for individual examination, Kiswire Sdn. Bhd. (KSB) and Wei Dat Steel Wire Sdn. Bhd. (Wei Dat).3 Commerce extended the time period for issuing the final results until December 29, 2023. 4 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.5 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 6 The product covered by this Order is PC strand from Malaysia. For a full description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached as an appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on a review of the record and comments received from interested VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling === 3424 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices The Wrangell-St. Elias National Park SRC will meet in-person at the Buster Gene Memorial Facility, Mile 4.8, Tok Cutoff, Gakona, AK 99586 and via teleconference. Teleconference participants must contact Subsistence Coordinator, Barbara Cellarius, at (907) 822–7236 or wrst_subsistence@nps.gov prior to the meeting to receive teleconference passcode information. For more detailed information regarding these meetings, or if you are interested in applying for SRC membership, contact Designated Federal Officer Ben Bobowski, Superintendent, at (907) 822–5234 or via email at ben_ bobowski@nps.gov, or Barbara Cellarius, Subsistence Coordinator, at (907) 822– 7236 or via email at barbara_cellarius@ nps.gov, or Eva Patton, Federal Advisory Committee Group Federal Officer, at (907) 644–3601 or via email at eva_ patton@nps.gov. The Gates of the Arctic National Park SRC will meet in-person at the Anaktuvuk Pass Community Center, 3031 Main Street, Anaktuvuk Pass, AK 99721 and via teleconference. Teleconference participants must call the NPS office at (907) 455–0639 prior to the meeting to receive teleconference passcode information. For more detailed information regarding this meeting or if you are interested in applying for SRC membership, contact Designated Federal Officer Mark Dowdle, Superintendent, at (907) 455–0614 or via email at mark_ dowdle@nps.gov, or Marcy Okada, Subsistence Coordinator, at (907) 455– 0639 or via email at marcy_okada@ nps.gov, or Eva Patton, Federal Advisory Committee Group Federal Officer, at (907) 644–3601 or via email at eva_ patton@nps.gov. SUPPLEMENTARY INFORMATION : The NPS is holding meetings pursuant to the Federal Advisory Committee Act (5 U.S.C. ch. 10). The NPS SRC program is authorized under title VIII, section 808 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3118). SRC meetings are open to the public and will have time allocated for public comment. The public is welcome to present written or oral comments to the SRC. SRC meetings will be recorded and the meeting minutes will be available upon request from the Superintendent for public inspection approximately 90 days after the meeting. Meeting Accessibility/Special Accommodations: Please make requests in advance for sign language interpreter services, assistive listening devices, or other reasonable accommodations. We ask that you contact the person listed in the (see ADDRESSES) section of this notice at least seven (7) business days prior to the meeting to give the Department of the Interior sufficient time to process your request. All reasonable accommodation requests are managed on a case-by-case basis. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of- contact in the United States. Purpose of the Meeting: The agenda may change to accommodate SRC business. The proposed meeting agenda for each meeting includes the following: 1. Call to Order—Confirm Quorum 2. Welcome and Introduction 3. Review and Adoption of Agenda 4. Approval of Minutes 5. Superintendent’s Welcome and Review of the SRC Purpose 6. SRC Membership Status 7. SRC Chair and Members’ Reports 8. Superintendent’s Report 9. Old Business 10. New Business 11. Federal Subsistence Board Update 12. Alaska Boards of Fish and Game Update 13. National Park Service Staff Reports a. Superintendent/Ranger Reports b. Resource Manager’s Report c. Subsistence Manager’s Report 14. Public and Other Agency Comments 15. Work Session 16. Set Tentative Date and Location for Next SRC Meeting 17. Adjourn Meeting. SRC meeting location and date may change based on inclement weather or exceptional circumstances, including public health advisories or mandates. If the meeting date and location are changed, the Superintendent will issue a press release and use local newspapers and/or radio stations to announce the rescheduled meeting. Public Disclosure of Comments: Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: 5 U.S.C. ch. 10. Alma Ripps, Chief, Office of Policy. [FR Doc. 2024–00824 Filed 1–17–24; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–690–691 and 731–TA–1619–1627 (Final)] Paper Shopping Bags From Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–690–691 and 731–TA–1619– 1627 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam, provided for in subheadings 4819.30.00 and 4819.40.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) sold at less- than-fair-value and subsidized by the Governments of China and India. DATES : January 3, 2024. FOR FURTHER INFORMATION CONTACT : Andres Andrade ((202) 205–2078), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘paper shopping bags with handles of ny type, regardless of whether there is any printing, regardless of how the top edges are finished (e.g., folded, serrated, or VerDate Sep<11>2014 17:32 Jan 17, 2024 Jkt 262001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 3425Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices 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 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.’’ Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China and India, and that such products from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on May 31, 2023, by the Coalition for Fair Trade in Shopping Bags, a coalition whose members include Novolex Holdings, LLC (‘‘Novolex’’), Charlotte, North Carolina, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (‘‘United Steelworkers’’), Pittsburgh, Pennsylvania. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on March 1, 2024, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Thursday, March 14, 2024. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Friday, March 8, 2024. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3:00 p.m. the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on Tuesday, March 12, 2024. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4 p.m. on March 13, 2024. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. VerDate Sep<11>2014 17:32 Jan 17, 2024 Jkt 262001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 3426 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. 2 The Commission has found the response submitted on behalf of PMP Fermentation Products Inc. to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is March 8, 2024. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is March 21, 2024. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before March 21, 2024. On April 9, 2024, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before April 11, 2024, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: January 12, 2024. Sharon Bellamy, Supervisory Hearings and Information Officer. [FR Doc. 2024–00894 Filed 1–17–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–590 and 731– TA–1397 (Review)] Sodium Gluconate, Gluconic Acid, and Derivative Products From China; Scheduling of Expedited Five-Year Reviews AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty and countervailing duty orders on sodium gluconate, gluconic acid, and derivative products from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES : January 5, 2024. FOR FURTHER INFORMATION CONTACT : Tyler Berard (202–205–3354), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—On January 5, 2024, the Commission determined that the domestic interested party group response to its notice of institution (88 FR 67807, October 2, 2023) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews. 1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Act (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Staff report.—A staff report containing information concerning the subject matter of the reviews has been placed in the nonpublic record, and will be made available to persons on the Administrative Protective Order service list for these reviews on February 15, 2024. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in § 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution, 2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determination the Commission should reach in the reviews. Comments are due on or before February 22, 2024 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by February 22, 2024. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. VerDate Sep<11>2014 17:32 Jan 17, 2024 Jkt 262001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Portugal === 341Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less Than Fair Value Investigation of Certain Paper Shopping Bags from Portugal,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled hearing date. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination, unless extended. 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. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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 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. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Application of Facts Available and Use of Adverse Inferences V. All-Others Rate VI. Recommendation [FR Doc. 2023–28944 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–471–808] Certain Paper Shopping Bags From Portugal: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, and Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain paper shopping bags (paper bags) from Portugal are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Colin Thrasher, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3004. 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 in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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. VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 342 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 7 Case briefs and rebuttal briefs submitted in response to this preliminary LTFV determination should not include scope-related issues. 8 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). 9 See 19 351.309(c)(2) and (d)(2). 10 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. Scope of the Investigation The products covered by this investigation are paper bags from Portugal. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 in the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices and constructed export prices in accordance with sections 772(a) and 772(b) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Negative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206(c), Commerce preliminarily determines that critical circumstances do not exist with respect to imports of paper bags from Portugal for Finieco Indu´ stria e Come´rcio de Embalagens, SA (Finieco) and for all other producers and exporters. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Finieco, the only individually examined exporter/ producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Finieco is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer/exporter Weighted- average dumping margin (percent) Finieco Indu´ stria e Come´ rcio de Embalagens, SA ..................... 11.33 All Others .................................... 11.33 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondent listed above will be equal to the company- specific estimated weighted-average dumping margin determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this investigation.7 Rebuttal briefs, limited to issues raised in case briefs, may be filed not later than five days after the date for filing case briefs. 8 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.9 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. 10 Further, we request that interested parties limit their executive summary of each issue to no more than VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 343Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 11 See APO and Service Final Rule. 12 See Petitioner’s Letter, ‘‘Certain Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam/Petitioner’s Request for Postponement of the Final Determinations,’’ dated November 21, 2023. 13 See Finieco’s Letter, ‘‘Request for Postponement of Final Determination,’’ dated December 14, 2023. 14 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 450 words, not including citations. We intend to use the 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). 11 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 date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping 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. On November 21, 2023, Coalition for Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination.12 On December 14, 2023, Finieco also requested that Commerce postpone the final determination in the event of an affirmative preliminary determination and that provisional measures be extended to a period not to exceed 135 days. 13 In accordance with section 735(a)(2)(B) of the Act, and 19 CFR 351.210(b)(2)(i), because: (1) the preliminary determination is affirmative; (2) the requesting exporter has requested the postponement of the final determination; 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’s final determination will be issued no later than 135 days after the date of publication of this preliminary determination in the Federal Register, pursuant to section 735(a)(2) of the Act. 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. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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 14 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. 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. Critical Circumstances VI. Currency Conversion VII. Recommendation [FR Doc. 2023–28942 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00025 Fmt 4703 Sfmt 9990 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - India === 336 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value, 88 FR 68097 (October 03, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Paper Shopping Bags from India’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 7 Commerce preliminarily determines that Aero Plast Packaging Solutions Private Limited, Aeroplast Limited, and Aero Business Solutions Private Limited are a single entity. See Preliminary Decision Memorandum. DEPARTMENT OF COMMERCE International Trade Administration [A–533–917] Certain Paper Shopping Bags From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, 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 shopping bags (paper bags) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Gorden Struck, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8151. 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 in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 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. Scope of the Investigation The products covered by this investigation are paper bags from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 in the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences (AFA) for Apex Paper and Plastic and Film, Asha Overseas, Godhani Exports, and Pack Easy Paper Products. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Negative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily finds that critical circumstances do not exist with respect to imports of paper bags from India for the two mandatory respondents, Aero Plast Packaging Solution Private Limited (APSL) and Kuloday Plastomers Pvt Ltd. (KPPL), and all other Indian producers and exporters. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce preliminarily determined a zero rate for APSL. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for KPPL. Consequently, the rate calculated for KPPL is also assigned as the rate for all other producers and exporters. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: 7 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 337Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices Exporter/producer Weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset(s)) (percent) Aero Plast Packaging Solutions Private Limited; Aeroplast Limited; Aero Business Solutions Private Limited .................................................................................................................................................. 0.00 Not Applicable Kuloday Plastomers Pvt Ltd .................................................................................................................... 10.64 7.17 Adeera Packaging Pvt. Ltd ...................................................................................................................... 10.64 7.17 Amate Products Pvt Ltd ........................................................................................................................... 10.64 7.17 Apex Paper and Plastic and Film ............................................................................................................ * 57.87 54.40 Archies Limited ........................................................................................................................................ 10.64 7.17 Asha Overseas ........................................................................................................................................ * 57.87 54.40 Carrywell Packaging Pvt Ltd ................................................................................................................... 10.64 7.17 Colorbox ................................................................................................................................................... 10.64 7.17 Dynaflex Private Limited .......................................................................................................................... 10.64 7.17 Godhani Exports ...................................................................................................................................... * 57.87 54.40 Pack Easy Paper Products ...................................................................................................................... * 57.87 54.40 Pack Planet Pvt Ltd ................................................................................................................................. 10.64 7.17 Poonam .................................................................................................................................................... 10.64 7.17 Shriniwas Enterprises .............................................................................................................................. 10.64 7.17 Tejaswi Plastic Pvt Ltd ............................................................................................................................ 10.64 7.17 The Velvin Group (DBA Velvin Packaging Solutions Pvt. Ltd. and Velvin Paper Products) .................. 10.64 7.17 Vama Packaging ...................................................................................................................................... 10.64 7.17 All Others ................................................................................................................................................. 10.64 7.17 * Rate based on AFA. Consistent with section 733(b)(3) of the Act, Commerce disregards de minimis rates and preliminarily determines that APSL, the individually examined respondent with a zero rate, has not made sales of subject merchandise at LTFV. Disclosure Commerce intends to disclose the calculations performed in connection with this preliminary determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise, except as explained below; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Because the estimated weighted- average dumping margin for APSL is zero, entries of shipments of subject merchandise from this company will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/ exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of entries of subject merchandise produced and exported by APSL. Entries of shipments of subject merchandise from this company in any other producer/ exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all-others rate. Should the final estimated weighted- average dumping margin be zero or de minimis for the producer/exporter combination identified above, entries of shipments of subject merchandise from the producer/exporter combination will be excluded from the potential antidumping duty order. Such an exclusion is not applicable to merchandise exported to the United States by this respondent in any other producer/exporter combination or by third parties that sourced subject merchandise from the excluded producer/exporter combination. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margins by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the ‘‘Preliminary Determination’’ section above. 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 estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice. Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance no later VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 338 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 8 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). 9 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). 10 See 19 351.309(c)(2) and (d)(2). 11 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 12 See APO and Service Final Rule. 13 See 19 CFR 351.210(e)(2). 14 See Petitioner’s Letter, ‘‘Certain Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam/Petitioner’s Request for Postponement of the Final Determinations,’’ dated November 21, 2023. 15 See KPPL’s Letter, ‘‘Request to Extend Final Determination,’’ dated November 28, 2023. 16 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. than seven days after the date on which the last verification report is issued in this investigation. 8 A timeline for the submission of case briefs and written comments will be notified to interested parties at a later date. 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. 9 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. 10 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.11 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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). 12 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 the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final 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.13 On November 21, 2023, Coalition for Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination.14 On November 28, 2023, pursuant to 19 CFR 351.210(e), KPPL requested that Commerce postpone the final determination in the event of an affirmative preliminary determination and that provisional measures be extended to a period not to exceed six months.15 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial 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, pursuant to section 735(a)(2) of the Act. 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. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports of paper bags from India 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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 16 and (ii) that are finished with folded tops or for which tied knots or t-bar aglets (made of wood, metal, VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 339Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of Sales at Less Than Fair Value in the Investigation of Certain Paper Shopping Bags from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Use of Facts Available With Adverse Inferences V. Discussion of the Methodology VI. Preliminary Negative Determination of Critical Circumstances VII. Currency Conversion VIII. Adjustments to Cash Deposits Rates for Export Subsidies in Companion Countervailing Duty Investigation IX. Recommendation [FR Doc. 2023–28940 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–849] Certain Paper Shopping Bags From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain paper shopping bags (paper bags) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Jeff Pedersen or Luke Caruso, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2769 or (202) 482–2081, 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 in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 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. Scope of the Investigation The products covered by this investigation are paper bags from Turkey. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 in the Initiation Notice Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily determined an estimated weighted-average dumping margin based upon the facts otherwise available, with adverse inferences (AFA), to the 15 companies that failed to respond to Commerce’s quantity and value questionnaire and both mandatory respondents, Artpack Kagit Ambalaj Anonim Sirketi (Artpack) and Oztas Ambalaj Sanayi ve Ticaret A.S. (Oztas). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not assigned individual rates. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis or determined entirely under section 776 of the Act. However, pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - China === 344 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair Value Investigation of Certain Paper Shopping Bags from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 7 See Initiation Notice, 88 FR at 4811. 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 http://enforcement.trade.gov/policy/bull05-1.pdf. 9 See the Preliminary Decision Memorandum for additional details. DEPARTMENT OF COMMERCE International Trade Administration [A–570–152] Certain Paper Shopping Bags From the People’s Republic of China: Preliminary Affirmative Determinations of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, 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 shopping bags (paper bags) 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 October 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1211. 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 June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 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. Scope of the Investigation The products covered by this investigation are paper bags 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, 4 in the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. 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. In addition, pursuant to sections 776(a) and (b) of the Act because the China-wide entity did not cooperate to the best of its ability in responding to Commerce’s request for data, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, in determining the estimated weighted-average dumping margin for the China-wide entity. 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)(1) of the Act and 19 CFR 351.206(c), Commerce preliminarily determines that critical circumstances exist with respect to imports of paper bags from China for Dongzheng Paperbag (DaLian) Factory (Dongzheng), the non-selected respondents eligible for a separate rate, and the China-wide entity. Commerce preliminarily determines that critical circumstances do not exist with respect to imports of paper bags from China for UUPAK Co., Ltd. (UUPAK). For a full description of the methodology and results of Commerce’s 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. Commerce’s Policy Bulletin 05.1 describes this practice. 8 In this investigation, we calculated producer/ exporter combination rates for respondents eligible for separate rates. Separate Rates In addition to Dongzheng and UUPAK, we have preliminarily granted a separate rate to certain respondents that we did not select for individual examination.9 In calculating the rate for non-individually examined separate rate respondents in a non-market economy LTFV investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy LTFV investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 345Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 10 We have not granted a separate rate to Qingdao Deepack Co., Ltd.; thus, the China-wide Entity preliminarily includes Qingdao Deepack Co., Ltd. See the Preliminary Decision Memorandum for additional details. weighted average of the estimated weighted-average dumping margins established for those companies individually examined, excluding zero and de minimis and any rates based entirely under section 776 of the Act. Commerce calculated individual estimated weighted-average dumping margins for Dongzheng and UUPAK that are not zero, de minimis, or based entirely on facts otherwise available. Thus, the weighted-average dumping margins calculated for Dongzheng and UUPAK are the basis to determine the weighted-average dumping margin for the non-examined, separate rate companies, investigation. See the table below in the ‘‘Preliminary Determination’’ section of this notice. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Exporter Producer Weighted- average dumping margin (percent) Cash deposit rate (adjusted for export subsidy offset(s) (percent) Dongzheng Paperbag (DaLian) Fac- tory. Dongzheng Paperbag (DaLian) Factory ................................................... 59.41 48.86 UUPAK Co., Ltd ............................... Tianjin Haishun Printing & Packing Co., Ltd ............................................. 24.15 12.81 Fujian Eco Packaging Co., Ltd ........ Fujian Hongkai Packaging Co., Ltd .......................................................... 40.55 29.21 Fujian Eco Packaging Co., Ltd ........ Fujian Yihe Packaging Co., Ltd ................................................................ 40.55 29.21 Fujian Eco Packaging Co., Ltd ........ Guangdong Union Eco-Packaging Scien-Tech Co., Ltd .......................... 40.55 29.21 Fujian Eco Packaging Co., Ltd ........ Xiamen Huide Eco-friendly Paper Bags Co., Ltd ..................................... 40.55 29.21 Fujian Eco Packaging Co., Ltd ........ Xiamen Jihong Technology Co., Ltd ......................................................... 40.55 29.21 Fujian Nanwang Environment Pro- tection Scien-tech Co., Ltd. Anhui Nanwang Environmental Protection Technology Co., Ltd .............. 40.55 29.15 Fujian Nanwang Environment Pro- tection Scien-tech Co., Ltd. Fujian Nanwang Environment Protection Scien-tech CO., LTD ............... 40.55 29.15 Fujian Nanwang Environment Pro- tection Scien-tech Co., Ltd. Hubei Nanwang Environmental Protection Scien-tech Co., Ltd ............... 40.55 29.15 Fujian Nanwang Environment Pro- tection Scien-tech Co., Ltd. Xianghe Nanwang Environmental Protection Technology Co., Ltd .......... 40.55 29.15 Fujian Nanwang Environment Pro- tection Scien-tech Co., Ltd. Zhuhai Zhongyue Paper CUP Container Co., Ltd .................................... 40.55 29.15 Grand Intelligent Limited .................. Ruichuang Limited ..................................................................................... 40.55 29.21 Max Fortune Industrial Ltd ............... Winner Printing and Packaging (He Yuan) Ltd ......................................... 40.55 29.21 Ningbo Beiheng Import & Export Company Limited. Wenzhou Weijie Packing Co., Ltd ............................................................ 40.55 29.21 Shanghai Miho Package & Product Co., Ltd. Zhejiang Shengxiang Industrial Co., Ltd ................................................... 40.55 29.21 Union Packaging Group Limited ...... Guangdong Union Eco-Packaging Scien-Tech Co., Ltd .......................... 40.55 29.21 Wuxi Hualite Metal Plastic Products Co., Ltd. Wuxi Hualite Paper Products Co., Ltd ...................................................... 40.55 29.21 Xiamen Bag Imp. & Exp. Co., Ltd ... Xiamen CYR Green-Tech Co., Ltd ........................................................... 40.55 29.21 Xiamen Huide Xiesheng Packaging Co., Ltd. Xiamen Huide Eco-Friendly Paper Bags Co., Ltd .................................... 40.55 29.21 Xiamen Jihong Technology Co., Ltd Xiamen Jihong Technology Co., Ltd ......................................................... 40.55 29.21 Xiamen Joy Supply Chain Co., Ltd Fujian Huian Nice Paper Products Co., Ltd .............................................. 40.55 29.21 Xiamen Joy Supply Chain Co., Ltd Xiamen THINKER Packaging Products Co., Ltd ...................................... 40.55 29.2 Xiamen Nice Packaging Products Co., Ltd. Fujian Huian Nice Paper Products Co., Ltd .............................................. 40.55 29.21 Xiamen Nice Packaging Products Co., Ltd. Xiamen THINKER Packaging Products Co., Ltd ...................................... 40.55 29.21 China-wide Entity 10 ......................... .................................................................................................................... 146.32 135.77 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 the scope of the investigation section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, or earlier, 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 Chinese producers/ exporters of subject merchandise 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-country exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or China-wide entity) that supplied that third-country exporter. 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 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 346 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 11 See Preliminary Decision Memorandum. 12 Id. 13 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). 14 See 19 351.309(c)(2) and (d)(2). 15 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 16 See APO and Service Final Rule. 17 See Petitioner’s Letter, ‘‘Request to Postpone Final Determination,’’ dated November 6, 2023. 18 See Dongzheng’s Letter, ‘‘Request to Extend Final Determination,’’ dated December 19, 2023. 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 Dongzheng, the non-selected respondents eligible for a separate rate, and the China-wide entity. 11 However, we have found that critical circumstances do not exist for UUPAK.12 In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to all unliquidated entries of merchandise from Dongzheng, the non-selected respondents eligible for a separate rate, and the China-wide entity that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice in the Federal Register. 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. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the chart of estimated weighted-average dumping margins in the ‘‘Preliminary Determination’’ section above. 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 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 the Federal Register in accordance with 19 CFR 351.224(b). 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 verification report is issued in this investigation. 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.13 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.14 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.15 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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). 16 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the 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. On November 21, 2023, the Coalition For Fair Trade in Shopping Bags (the petitioner) timely requested that Commerce fully extend the deadline for the final determination in the event of a negative preliminary determination.17 On December 19, 2023, Dongzheng timely requested that Commerce fully extend the deadline for the final determination in the event of an affirmative preliminary determination. 18 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial 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 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 347Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 19 See Certain Paper Shopping Bags from the People’s Republic of China and India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination with Final Antidumping Duty Determination, 88 FR 76180 (November 6, 2023). 20 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. Furthermore, as the final CVD determination has been aligned with the final LTFV determination, Commerce will make its final CVD determination no later than 135 days after the date of publication of this preliminary determination. 19 U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports of 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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 20 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. 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. Critical Circumstances VI. Adjustment Under Section 777A(f) of the Tariff Act of 1930, As Amended VII. Adjustment to Cash Deposit Rate for Export Subsidies VIII. Currency Conversion IX. Recommendation [FR Doc. 2023–28938 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD619] New England Fishery Management Council; Public Meeting AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice of public meeting. SUMMARY : The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Recreational Advisory Panel via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES : This webinar will be held on Monday, January 22, 2024, at 9 a.m. ADDRESSES : Webinar registration URL information: https:// attendee.gotowebinar.com/register/ 5812975475550509918. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT : Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION : Agenda The Recreational Advisory Panel will meet to discuss and develop recommendations to the Groundfish Committee on fishing year 2024 recreational measures for Georges Bank cod, Gulf of Maine cod and Gulf of Maine haddock. They will also receive an overview of the Council’s groundfish priorities for 2024. Other business may be discussed as necessary. Although non-emergency issues not contained on the agenda may come before this Council for discussion, those issues may not be the subject of formal action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson- Stevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. The public also should be aware that the meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: December 28, 2023. Diane M. DeJames-Daly, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–28908 Filed 1–2–24; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00029 Fmt 4703 Sfmt 9990 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Colombia === This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. Notices Federal Register 319 Vol. 89, No. 2 Wednesday, January 3, 2024 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Paper Shopping Bags from Colombia,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–66–2023] Foreign-Trade Zone 183; Application for Expansion of Subzone 183B; Samsung Austin Semiconductor, LLC; Austin, Texas An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Foreign Trade Zone of Central Texas, Inc., grantee of FTZ 183, requesting an expansion of Subzone 183B on behalf of Samsung Austin Semiconductor, LLC, to include a site in Taylor, Texas. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on December 28, 2023. The applicant is requesting authority to expand the subzone to include a site (1,260 acres) located on Farm to Market Road 973 in Taylor, close to Highway 79 and County Road 404. No additional authorization for production activity has been requested at this time. In accordance with the FTZ Board’s regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is February 12, 2024. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to February 27, 2024. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Camille Evans at Camille.Evans@ trade.gov. Dated: December 28, 2023. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2023–28910 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–301–805] Certain Paper Shopping Bags From Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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 shopping bags (paper bags) from Colombia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243. 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 in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 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. Scope of the Investigation The products covered by this investigation are paper bags from Colombia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 in the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 320 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 7 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). 8 See 19 CFR 351.309(c)(2) and (d)(2). 9 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 10 See APO and Service Final Rule. As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily relied upon facts otherwise available, with adverse inferences (AFA) for Industria Colombiana de Papeles (Incolpa SAS) and Fa´brica de Bolsas de Papel (Unibol SAS). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provides that in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce assigned a rate based entirely on facts available to Incolpa SAS and Unibol SAS. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Ditar, S.A. (Ditar). Consequently, the rate calculated for Ditar is also assigned as the rate for all other producers and exporters. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Exporter/producer Weighted- average dumping margin (percent) Ditar, S.A .................................... 9.48 Industria Colombiana de Papeles ................................... 56.14 Exporter/producer Weighted- average dumping margin (percent) Fa´ brica de Bolsas de Papel ....... 56.14 All Others .................................... 9.48 * Rate based on AFA. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose the calculations performed in connection with this preliminary determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. 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.7 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.8 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. 9 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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).10 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. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 321Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 11 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of the Final Determinations,’’ dated November 21, 2023. 12 See Ditar’s Letter, ‘‘Request to Extend Final Determination,’’ dated December 12, 2023. 13 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 21, 2023, pursuant to 19 CFR 351.210(e), the Coalition For Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination. 11 On December 12, 2023, pursuant to 19 CFR 351.210(e), Ditar also requested that Commerce postpone the final determination, in the event the preliminary determination is affirmative, and that provisional measures be extended to a period not to exceed six months.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial 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. 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. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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 13 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Use of Facts Available With Adverse Inferences V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2023–28939 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–836] Certain Paper Shopping Bags From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Critical Circumstances Determination, 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 shopping bags (paper bags) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Myrna Lobo, 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) 482–2371. 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 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - Vietnam === 321Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 11 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of the Final Determinations,’’ dated November 21, 2023. 12 See Ditar’s Letter, ‘‘Request to Extend Final Determination,’’ dated December 12, 2023. 13 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 21, 2023, pursuant to 19 CFR 351.210(e), the Coalition For Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination. 11 On December 12, 2023, pursuant to 19 CFR 351.210(e), Ditar also requested that Commerce postpone the final determination, in the event the preliminary determination is affirmative, and that provisional measures be extended to a period not to exceed six months.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial 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. 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. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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 13 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Use of Facts Available With Adverse Inferences V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2023–28939 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–836] Certain Paper Shopping Bags From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Critical Circumstances Determination, 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 shopping bags (paper bags) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Myrna Lobo, 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) 482–2371. 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 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 322 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Paper Shopping Bags from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See AD Initiation Notice, 88 FR at 41590; see also Certain Paper Shopping Bags from the People’s Republic of China and India: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 88 FR 41380, 41381 (August 7, 2023). 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 7 These companies are NamCuong Packaging, Pan Pacific Vietnam, SIC Paper Bag, Kien Nang, Co., Ltd., and TLC Packaging. Moreover, International Packaging Limited Company is ineligible for a separate rate because it did not have a sale during the POI. See Preliminary Decision Memorandum. 8 See Initiation Notice, 88 FR at 41593. 9 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 at https://access.trade.gov/ Resources/policy/bull05-1.pdf. in the Federal Register on June 27, 2023. 1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed 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. Scope of the Investigation The products covered by this investigation are paper bags from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 in the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum. 6 As discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. 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 Vietnam is a non-market economy (NME) country, 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 has relied upon facts otherwise available, with adverse inferences (AFA), to assign a dumping margin for the Vietnam-wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances 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 bags from Vietnam for Goldsun Packaging and Printing Joint Stock Company (Goldsun), the non- selected respondents eligible for a separate rate, and the Vietnam-wide entity. For a full description of the methodology and results of Commerce’s analysis, see the Preliminary Decision Memorandum. Vietnam-Wide Entity Commerce preliminarily finds that several companies, including one mandatory respondent (Hi-Level, as discussed below), have not established their eligibility for a separate rate and are considered to be part of the Vietnam-wide entity.7 Combination Rates In the Initiation Notice,8 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.9 Separate Rates In this investigation, in addition to Goldsun, we have preliminarily granted certain non-individually examined respondents a separate rate. However, because Hi-Level Enterprise Co., Ltd. (Hi-Level) requested a separate rate and did not fully respond to Commerce’s questionnaire as a mandatory respondent, we have preliminarily denied a separate rate to Hi-Level and are treating it as part of the Vietnam- wide entity. In calculating the rate for non- individually examined separate rate respondents in NME antidumping duty (AD) investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy AD investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the weighted average of the estimated AD rate established for those companies individually examined, excluding zero and de minimis and any rates based entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Goldsun that is not zero, de minimis, or based entirely on facts otherwise available. Thus, the weighted average dumping margin calculated for Goldsun is the basis to determine the weighted-average dumping margin for the non-examined separate rate companies, using section 735(c)(5)(A) of the Act for guidance, which provides for the determination of the estimated weighted-average dumping for all other producers and exporters in a market economy investigation. See the below table in the ‘‘Preliminary Determination’’ section of this notice. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 323Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 10 Dong Sung is sometimes translated as one word ‘‘Dongsung.’’ 11 Id. 12 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). 13 Case briefs and rebuttal briefs submitted in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum. 14 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). 15 See 19 351.309(c)(2) and (d)(2). 16 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 17 See APO and Service Final Rule. Producer Exporter Weighted-average dumping margin (percent) Goldsun Packaging and Printing Joint Stock Company ......... Goldsun Packaging and Printing Joint Stock Company ......... 51.25 Dong Sung Vina Printing Co., Ltd 10 ....................................... Dong Sung Printing Co., Ltd 11 ............................................... 51.25 Khang Thanh Manufacturing Company Limited ...................... Khang Thannh Manufacturing Company Limited ................... 51.25 Vietnam Red Star Industry Company Limited ......................... Vietnam Red Star Industry Company Limited ........................ 51.25 Vietnam-Wide Entity ................................................................ .................................................................................................. * 92.34 * Rate based on AFA. 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). Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date 90 days prior to 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 combination 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 Vietnam producers/ exporters of subject merchandise 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 Vietnam-wide entity; and (3) for all third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnam producer/exporter combination (or the Vietnam-wide entity) that supplied that third-country exporter. 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 Goldsun, the non-selected respondents eligible for a separate rate, and the Vietnam-wide entity.11 In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to all unliquidated entries of merchandise from Goldsun, the non-selected respondents eligible for a separate rate, and the Vietnam-wide entity that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice in the Federal Register. These suspension of liquidation instructions will remain in effect until further notice. 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 12 may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this investigation.13 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.14 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.15 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.16 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the 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). 17 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. Parties should confirm the date and time of the hearing two days before the scheduled date. VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 324 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 18 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of the Final Determinations,’’ dated November 21, 2023. 19 See Goldsun’s Letter, ‘‘Request to Extend Final Determination,’’ dated December 20, 2023. 20 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 1 See Antidumping Duty Orders: Stainless Steel Bar from Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order). 2 See Initiation of Five-Year Reviews, 88 FR 60438 (September 1, 2023) (Initiation Notice). 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 exporters for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 21, 2023, the Coalition for Fair Trade in Shopping Bags (the petitioner) requested that Commerce postpone the final determination in the event of a negative preliminary determination. 18 On December 20, 2023, Goldsun timely requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months in the event of an affirmative preliminary determination.19 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial 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. 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: December 27, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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 20 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. 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 VI. Currency Conversion VII. Recommendation [FR Doc. 2023–28945 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar From India: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on stainless steel bar (SS Bar) from India would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Expedited Sunset Review’’ section of this notice. DATES : Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT : Garry Kasparov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1397. SUPPLEMENTARY INFORMATION : Background On February 21, 1995, Commerce published in the Federal Register the AD Order on SS Bar from India.1 On September 1, 2023, Commerce published Initiation Notice of the fifth sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218(c)(2).2 VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Portugal === 45845Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 7 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. for estimated antidumping duties for such entries of merchandise as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured or threatened with material injury by reason of imports or sales (or the likelihood of sales) for importation of paper bags from Colombia no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as the final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 7 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. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Commerce Should Determine Ditar’s Final Dumping Margin Based on Total Adverse Facts Available (AFA) Comment 2: Alternatively, Commerce Should Determine Ditar’s Margin Based on Partial AFA Comment 3: Level of Trade (LOT) Adjustment for Ditar Comment 4: Freight Revenue Cap for Ditar Comment 5: Whether To Revise Ditar’s General and Administrative (G&A) and Financial Expenses V. Recommendation [FR Doc. 2024–11479 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–471–808] Certain Paper Shopping Bags From Portugal: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Portugal are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Colin Thrasher, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3004. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of paper bags from Portugal, in which we also postponed VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45846 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from Portugal: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, and Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 341 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Determination, 89 FR at 341. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Paper Shopping Bags from Portugal,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 27, 2023. 5 See Memorandum, ‘‘Less-Than-Fair Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024. 6 See Memorandum, ‘‘Verification of the Sales Responses of Finieco Indu´ stria e Come´rcio de Embalagens, SA in the Less-Than-Fair-Value Investigation of Certain Paper Shopping Bags from Portugal,’’ dated March 21, 2024; and Memorandum, ‘‘Verification of the Cost Responses of Finieco Indu´ stria e Come´rcio de Embalagens, SA in the Antidumping Duty Investigation of Certain Paper Shopping Bags from Portugal,’’ dated April 22, 2024. the final determination until May 17, 2024. 1 We invited interested parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 3 The Issues and Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from Portugal. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 4 We received comments from parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 5 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice. Final Negative Determination of Critical Circumstances We continue to find that critical circumstances do not exist for imports of paper bags from Portugal for the mandatory respondent (Finieco Indu´ stria e Come´rcio de Embalagens, S.A. (Finieco)) and for all other producers and exporters pursuant to sections 735(a)(3)(A) and (B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206. For further discussion of this issue, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, we conducted verifications of the sales and cost information submitted by Finieco for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Finieco.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as Appendix II to this notice. Changes Since the Preliminary Determination We have made certain changes to the margin calculations for Finieco since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Facts Available For the purposes of this final determination, we find that pursuant to section 776(a)(1) of the Act, that the use of facts available is warranted in determining the calculation of commission expenses in the U.S. market because necessary information is missing from the record. For a further discussion of these issues, see the Issues and Decision Memorandum. All Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. Commerce calculated an individual estimated weighted-average dumping margin for Finieco, the only individually examined exporter/ producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Finieco is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Weighted- average dumping margin (percent) Finieco Indu´ stria e Come´ rcio de Embalagens, S.A .................... 6.14 All Others .................................... 6.14 Disclosure We intend to disclose the calculations performed in this final determination within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45847Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 7 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. liquidation of subject merchandise entries, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after January 3, 2024, the date of publication in the Federal Register of the Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the U.S. price as follows: (1) the cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified in the table; (2) for all combinations of Portuguese exporters/producers of subject merchandise that have not received their own cash deposit rate above, the cash deposit rate will be the all-others rate; and (3) for all non-Portuguese exporters of subject merchandise which have not received their own cash deposit rate above, the cash deposit rate will be the cash deposit rate applicable to the Portuguese exporter/producer combination that supplied that non- Portuguese exporter. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from Portugal no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as the final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 7 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. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Negative Determination of Critical Circumstances IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: How To Treat Administrative Fees Paid in the U.S. Market Comment 2: How To Classify ‘‘Fixed’’ Commissions Comment 3: Minor Corrections to Finieco’s Data Comment 4: General and Administrative and Financial Expense Rates Calculation Comment 5: Unreconciled Cost Difference VI. Recommendation [FR Doc. 2024–11483 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Domestic Manufacturing Waiver Request Form The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. Public VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final - India === 45834 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 10 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce’s final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from Taiwan no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Suspension of Liquidation’’ section above. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return, or destruction, of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: May 17, 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 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 10 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Affirmative Determination of Critical Circumstances, in Part IV. Changes From the Preliminary Determination V. Discussion of the Issues Comment 1: Destination Reporting Comment 2: Differential Pricing Analysis Comment 3: Home-Market Bank Charges Comment 4: Classification of Sales Personnel Bonuses Comment 5: Cost Adjustment for Printing Services Obtained From Affiliated Suppliers Comment 6: Imputed Interest Expense From Interest Free Loans Comment 7: Revisions in Haurtyi’s Latest Sales Files Comment 8: Treatment of May Sun Jieh Enterprise Co., Ltd. VI. Recommendation [FR Doc. 2024–11484 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–918] Certain Paper Shopping Bags From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain paper shopping bags (paper bags) from India. The period of investigation (POI) is January 1, 2022, through December 31, 2022. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Drew Jackson or Paul Kebker, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406 or (202) 482–2254, respectively. SUPPLEMENTARY INFORMATION : VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45835Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from India: Preliminary Affirmative Determination of Countervailable Subsidies, Preliminary Affirmative Determination of Critical Circumstances in Part, and Alignment of Final Determination With the Final Antidumping Duty Determination, 88 FR 76185 (November 6, 2023)(Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 Id. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty Investigation of Certain Paper Shopping Bags from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Less-Than-Fair Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024 (Final Scope Decision Memorandum). 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 In the Preliminary Determination, Commerce identified this respondent as ‘‘Aero Plast Packaging Solutions Private Limited.’’ Commerce has corrected the name of this respondent. See Issues and Decision Memorandum at Comment 5. 8 See Memoranda, ‘‘Verification of the Questionnaire Responses of the Government of India,’’ dated March 22, 2024; ‘‘Verification of the Questionnaire Responses of Aeroplast Packaging Solution Private Limited,’’ dated March 22, 2024; and ‘‘Verification of the Questionnaire Responses of Velvin Paper Products,’’ dated March 22, 2024. 9 See Preliminary Determination PDM. 10 With two respondents under examination, Commerce normally calculates: (A) a weighted- Continued Background On November 6, 2023, Commerce published the Preliminary Determination in the Federal Register.1 Commerce invited parties to comment on the Preliminary Determination.2 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 3 The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from India. For a complete description of the scope of the investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.4 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 5 As a result of these comments, we made certain changes to the scope of this investigation from that published in the Preliminary Determination. See Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Verification Consistent with section 782(i) of the Act, in January 2024, Commerce verified all information reported by Aeroplast Packaging Solution Private Limited (Aeroplast Packaging), 7 Velvin Paper Products (Velvin Paper), and the Government of India (GOI). We used standard verification procedures, including an examination of relevant account records and original source documents provided by the respondents. 8 Final Affirmative Determination of Critical Circumstances, in Part In accordance with sections 705(a)(2), and 776(a) and (b) of the Act, and 19 CFR 351.206, as well as our analysis of comments received regarding our affirmative preliminary determination of critical circumstances, 9 Commerce continues to find that critical circumstances exist with respect to imports of paper bags from India for one of the mandatory respondents, Velvin Paper. In addition, we continue to find that critical circumstances do not exist with respect to imports of paper bags from Aeroplast Packaging Solution Private Limited (Aeroplast Packaging) and all other companies not individually examined. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination and Post-Preliminary Analysis Based on our review and analysis of the information received during verification and comments received from parties, for this final determination, we made certain changes to the countervailable subsidy rate calculations for Aeroplast Packaging, Velvin Paper, and for all other producers/exporters. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an individual estimated countervailable subsidy rate for the two mandatory respondents, Aeroplast Packaging and Velvin Paper. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, Commerce will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. We continue to calculate individual estimated countervailable subsidy rates for Aeroplast Packaging and Velvin Paper that are not zero, de minimis, or based entirely on facts otherwise available. We, therefore, continue to calculate the all-others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents (Aeroplast Packaging and Velvin Paper) using each company’s publicly-ranged sales value for their exports to the United States of subject merchandise, 10 in accordance with section 705(c)(5)(A)(i) of the Act. VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45836 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010); see also Forged Steel Fluid End Blocks from Italy: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 85 FR 31460, 31461 (May 26, 2020), unchanged in Forged Steel Fluid End Blocks from Italy: Final Affirmative Countervailing Duty Determination, 85 80022, 80023 (December 11, 2020). 11 Aeroplast Packaging Solution Private Limited is cross-owned with Aero Business Solutions Private Limited and Aero Plast Limited. 12 Velvin Paper Products is cross-owned with Velvin Packaging Solutions Private Limited. 13 See Preliminary Determination. FOR FURTHER INFORMATION CONTACT : Final Determination Commerce determines that the following estimated net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022: Company Subsidy rate (percent ad valorem) Aeroplast Packaging Solution Private Limited 11 .............. 4.81 Velvin Paper Products 12 ...... 2.38 All Others .............................. 3.39 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of its public announcement or, if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register, accordance with 19 CFR 351.244(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after November 6, 2023, the date of publication of the Preliminary Determination in the Federal Register. Because we preliminarily determined that critical circumstances existed with respect to Velvin Paper, we instructed CBP to suspend such entries on or after August 8, 2023, which is 90 days prior to the date of the publication of the Preliminary Determination in the Federal Register.13 In accordance with section 703(d) of the Act, on March 4, 2024, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after March 5, 2024, but to continue the suspension of liquidation of all entries of subject merchandise on or before March 4, 2024. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or cancelled. ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of paper bags from India. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threated with material injury, by reason of import of certain paper shopping bags from India. In addition, we are making available to the ITC all non-privileged and non-proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45837Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 14 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 1 See Notice of Countervailing Duty order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta from Italy, 61 FR 38544 (July 24, 1996) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023). 3 See Memorandum, ‘‘Respondent Selection Memorandum,’’ dated October 6, 2023. 4 See Milo’s Letter, ‘‘Withdraw Request for Administrative Review,’’ dated October 26, 2023 (Milo’s Withdrawal of Review Request). 5 See Memorandum, ‘‘Second Respondent Selection Memorandum,’’ dated November 13, 2023. 6 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,’’ dated March 21, 2024. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Certain Pasta from Italy; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 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 14 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Determination of Critical Circumstances, in Part V. Subsidies Valuation VI. Changes Since the Preliminary Determination VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether Commerce Correctly Calculated the Benefits Under Advance License Program (AAP) Comment 2(a):Whether Remission of Duties and Taxes on Export Products (RODTEP) Is Countervailable Comment 2(b):Whether Commerce Incorrectly Calculated the Benefits Under the RODTEP Program Comment 3: Whether Duty Drawback (DDB) Is Countervailable Comment 4: Whether Commerce Has Incorrectly Calculated Benefits Under the Government of Haryana’s Freight Assistance Scheme (FAS) Comment 5: Whether Commerce Should Correct the Spelling of Aeroplast Packaging Solution Private Limited IX. Recommendation [FR Doc. 2024–11481 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–475–819] Certain Pasta From Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain pasta (pasta) from Italy, during the period of review (POR) January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding the review with respect to one company. Interested parties are invited to comment on these preliminary results. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Stefan Smith or Nicholas Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4342 or (202) 482–1395, respectively. SUPPLEMENTARY INFORMATION : Background On July 24, 1998, Commerce published in the Federal Register the countervailing duty order on pasta from Italy. 1 On July 3, 2023, Commerce published in the Federal Register the notice of initiation of an administrative review of the Order.2 On October 6, 2023, Commerce selected Gruppo Alimentare Mediterraneo Milo S.r.l. (Milo) and Pastificio Gentile S.r.l. (Gentile) as the mandatory respondents in this review. 3 On October 26, 2023, Milo withdrew its request for a review.4 On November 13, 2023, we also selected Sgambaro SpA. (Sgambaro) for individual examination as a mandatory respondent.5 On March 21, 2024, we extended the deadline for the preliminary results of this administrative review until May 21, 2024.6 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 7 A list of topics discussed in the Preliminary Decision Memorandum is included in the Appendix 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 http://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. Scope of the Order The merchandise covered by the Order is pasta from Italy. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy (i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific). 8 For a full description of the methodology underlying our conclusions, including our reliance, in part, on facts otherwise available with an adverse inference pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum. Recission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Colombia === 45843Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 11 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters is the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of paper bags from Cambodia no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section above. Administrative Protective Order This notice will serve as the final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 11 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Affirmative Determination of Critical Circumstances, in Part IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Whether Commerce’s Application of the Adverse Facts Available Rate to Pan Pacific is Unreasonable Comment 2: Whether Commerce Should Clarify the Scope Comment 3: Whether Commerce Should Alter Its Application of Constructed Value Comment 4: Whether Commerce Should Continue To Adjust Nice’s Cost of Production Comment 5: Whether Commerce Should Make Changes to Nice’s Final Margin Calculations VI. Recommendation [FR Doc. 2024–11476 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–301–805] Certain Paper Shopping Bags From Colombia: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Colombia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through May 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of paper bags from Colombia, in which we also postponed the final determination until May 17, VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45844 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 319 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Paper Shopping Bags from Colombia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 27, 2023. 4 See Memorandum, ‘‘Less-Than-Fair Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024. 5 See Memoranda, ‘‘Verification of the Sales Questionnaire Responses of Ditar, S.A.,’’ dated March 11, 2024; and ‘‘Verification of the Cost Response of Ditar S.A. in the Less-Than-Fair-Value Investigation of Paper Shopping Bags from Colombia,’’ dated April 15, 2024. 6 See Preliminary Determination, 89 FR at 320. 2024. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 2 The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from Colombia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum. 4 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), we conducted verifications of the sales and cost information submitted by Ditar, S.A. (Ditar) for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Ditar.5 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as Appendix II to this notice. Changes Since the Preliminary Determination We have made certain changes to the margin calculations for Ditar since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available As discussed in the Preliminary Determination, Commerce assigned to the mandatory respondents in this investigation, Industria Colombiana de Papeles (Incolpa SAS) and Fa´brica de Bolsas de Papel (Unibol SAS), estimated weighted-average dumping margins on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of Act.6 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for this final determination, we continue to find that the application of AFA pursuant to sections 776(a) and (b) of the Act is warranted with respect to Incolpa SAS and Unibol SAS in this investigation. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and/or exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. Commerce assigned a rate based entirely on facts available to Incolpa SAS and Unibol SAS. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Ditar. Consequently, the rate calculated for Ditar is also assigned as the rate for all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination The final estimated weighted-average dumping margins are as follows: Producer/exporter Estimated weighted- average dumping margin (percent) Ditar, S.A .................................... 11.06 Industria Colombiana de Papeles ................................... * 56.14 Fa´ brica de Bolsas de Papel ....... * 56.14 All Others .................................... 11.06 * Rate based on AFA. Disclosure We intend to disclose the calculations performed in this final determination within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise, as described in Appendix I of this notice, which were entered or withdrawn from warehouse for consumption on or after January 3, 2024, the date of publication in the Federal Register of the Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45845Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 7 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. for estimated antidumping duties for such entries of merchandise as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured or threatened with material injury by reason of imports or sales (or the likelihood of sales) for importation of paper bags from Colombia no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as the final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 7 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. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Commerce Should Determine Ditar’s Final Dumping Margin Based on Total Adverse Facts Available (AFA) Comment 2: Alternatively, Commerce Should Determine Ditar’s Margin Based on Partial AFA Comment 3: Level of Trade (LOT) Adjustment for Ditar Comment 4: Freight Revenue Cap for Ditar Comment 5: Whether To Revise Ditar’s General and Administrative (G&A) and Financial Expenses V. Recommendation [FR Doc. 2024–11479 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–471–808] Certain Paper Shopping Bags From Portugal: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Portugal are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Colin Thrasher, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3004. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of paper bags from Portugal, in which we also postponed VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final - China === 45829Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 12 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce has made a final affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margins by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the ‘‘Final Determination’’ section above. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from India no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as the final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 • Shopping bags (i) with non-paper handles made wholly of woven ribbon or other similar woven fabric 12 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Negative Determination of Critical Circumstances IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Shorter Cost Averaging Periods for KPPL Comment 2: Correction of Aeroplast’s Name in the Final Determination and Final Customs Instructions Comment 3: Adverse Inference for Shorter Cost Averaging Periods for Aeroplast VI. Recommendation [FR Doc. 2024–11480 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–153] Certain Paper Shopping Bags From the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of certain paper shopping bags (paper bags) from the People’s Republic of China (China). The period of investigation (POI) is January 1, 2022, through December 31, 2022. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Seth Brown, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0029. VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45830 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from the People’s Republic of China: Preliminary Affirmative Determination of Countervailable Subsidies, Preliminary Affirmative Determination of Critical Circumstances, and Alignment of Final Determination With Final Antidumping Duty Determination, 88 FR 76180 (November 6, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM); see also Certain Paper Shopping Bags from the People’s Republic of China: Preliminary Affirmative Determination of Countervailable Subsidies, Preliminary Affirmative Determination of Critical Circumstances, and Alignment of Final Determination With Final Antidumping Duty Determination; Correction, 88 FR 80273 (November 17, 2023). 2 See Memorandum, ‘‘Post-Preliminary Analysis Memorandum for the Countervailing Duty Investigation of Certain Paper Shopping Bags from the People’s Republic of China,’’ dated December 7, 2023 (Post-Preliminary Analysis). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Certain Paper Shopping Bags from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024 (Final Scope Decision Memorandum). 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; see also section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See Preliminary Determination PDM at 7–28. 8 The non-responsive companies are: (1) Bagitan Packaging; (2) Changzhou Anjucheng; (3) Courage Packaging; (4) Evertrust Packaging; (5) Geotegrity EcoPack; (6) GrandIntelligent; (7) Li & Fung; (8) Qingdao Chenyu Packaging Co., Ltd.; (9) Shanghai Macolink Supply Chain Management Co., Ltd.; (10) Shanghai Sanxi Paper Co., Ltd.; (11) Xiamen C&D Pulp & Paper Co., Ltd.; (12) Xiamen Champion FMCG; (13) Xiamen New Idea Packaging Co., Ltd.; and (14) Xiamen Wonderful Bag Import and Export Co., Ltd. 9 See Preliminary Determination PDM at 47–49. 10 See Issues and Decision Memorandum at Comment 6. SUPPLEMENTARY INFORMATION : Background On November 6, 2023, Commerce published its Preliminary Determination in the Federal Register and invited interested parties to comment. 1 Subsequently, on December 7, 2024, Commerce released its Post-Preliminary Analysis.2 For a complete discussion of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 3 The Issues and Decision Memorandum is a public document and is made available to the public 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.4 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum.5 We did not make any changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I. Verification Commerce was unable to conduct on- site verification of the information relied on in making its final determination in this investigation. However, in December 2023 and January 2024, we took additional steps in lieu of on-site verifications to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act, by conducting virtual verifications of the mandatory respondents Fujian Nanwang Environment Protection Scien-tech Co., Ltd. (Fujian Nanwang) and Dongzheng Paperbag (DaLian) Factory (Dongzheng). Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by the parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available (AFA), see the Preliminary Determination PDM 7 and the Issues and Decision Memorandum at the section entitled ‘‘Uses of Facts Available and Application of Adverse Inferences.’’ Final Affirmative Determination of Critical Circumstances In the Preliminary Determination, Commerce preliminary determined, in accordance with sections 703(e)(1) and (b) of the Act, and 19 CFR 351.206, that critical circumstances exist with respect to imports of subject merchandise for Dongzheng, Fujian Nanwang, the non- responsive companies, 8 and all other producers and/or exporters. 9 For this final determination, in accordance with section 705(a)(2) of the Act as well as our analysis of comments received regarding our affirmative preliminary determination of critical circumstances,10 Commerce continues to find that critical circumstances exist with respect to imports of subject merchandise for Dongzheng, Fujian Nanwang, the non-responsive companies, and all other producers and/ or exporters. For a full description of the methodology and results of our critical circumstances analysis, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination and Post-Preliminary Analysis Based on our review and analysis of the information at verification and comments received from interested parties, we made changes to the subsidy rate calculations for Fujian Nanwang. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others rate equal to the weighted- average countervailable subsidy rates VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45831Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 11 See Memorandum, ‘‘Calculation of the All Others Rate,’’ dated concurrently with this notice, at 1. 12 As discussed in the Preliminary Determination, Commerce has found the following companies to be cross-owned with Fujian Nanwang: Zhuhai Zhongyue Paper Cup Container Co., Ltd.; Anhui Nanwang Environmental Protection Technology Co., Ltd.; Xianghe Nanwang Environmental Protection Technology Co., Ltd.; and Hubei Nanwang Environmental Protection Technology Co., Ltd. 13 See Preliminary Determination, 88 FR at 76180. established for exporters and/or producers individually investigation, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. We continue to calculate individual estimated countervailable subsidy rates for Fujian Nanwang and Dongzheng that are not zero, de minimis, or based entirely on facts otherwise available. Therefore, we calculated the all-others rate using a simple average of the individual estimated subsidy rates calculated for Fujian Nanwang and Dongzheng.11 Final Determination Commerce determines that the following estimated countervailable subsidy rate exist for the period January 1, 2022, through December 31, 2022: 12 Company Subsidy rate (percent ad valorem) Bagitan Packaging ............................................................................................................................................................................... 172.36 Changzhou Anjucheng ........................................................................................................................................................................ 172.36 Courage Packaging ............................................................................................................................................................................. 172.36 Dongzheng Paperbag (DaLian) Factory .............................................................................................................................................. 40.76 Evertrust Packaging ............................................................................................................................................................................. 172.36 Fujian Nanwang Environment Protection Scien-tech Co., Ltd 12 ........................................................................................................ 42.36 Geotegrity EcoPack ............................................................................................................................................................................. 172.36 GrandIntelligent .................................................................................................................................................................................... 172.36 Li & Fung ............................................................................................................................................................................................. 172.36 Qingdao Chenyu Packaging Co., Ltd .................................................................................................................................................. 172.36 Shanghai Macolink Supply Chain Management Co., Ltd ................................................................................................................... 172.36 Shanghai Sanxi Paper Co., Ltd ........................................................................................................................................................... 172.36 Xiamen C&D Pulp & Paper Co., Ltd ................................................................................................................................................... 172.36 Xiamen Champion FMCG ................................................................................................................................................................... 172.36 Xiamen New Idea Packaging Co., Ltd ................................................................................................................................................ 172.36 Xiamen Wonderful Bag Import and Export Co., Ltd ........................................................................................................................... 172.36 All Others ............................................................................................................................................................................................. 41.56 Disclosure Commerce intends to disclose to interested parties the calculations and analysis performed in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, and because we preliminarily determined that critical circumstances existed with respect to Dongzheng, Fujian Nanwang, the non-responsive companies, and all other producers and/or exporters, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise from China that were entered, or withdrawn from warehouse, for consumption, on or after August 8, 2023, which is 90 days prior to the date of the publication of the Preliminary Determination in the Federal Register. 13 In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after March 5, 2024, but to continue the suspension of liquidation of all entries of subject merchandise on or before March 4, 2024. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty (CVD) order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or cancelled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our final affirmative determination that countervailable subsidies are being provided to producers and exporters of paper bags in China. Because the final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from China no later than 45 days after our final determination. In addition, we are making available to the ITC all non-privileged and nonproprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, CVDs on all imports of the subject merchandise that are entered, or withdrawn, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45832 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 1 See Certain Paper Shopping Bags from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 331 (January 3, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Determination, 89 FR at 332–3. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: May 17, 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 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 fabric20 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Final Critical Circumstances Determination V. Subsidies Valuation Information VI. Interest Rates and Benchmarks VII. Use of Facts Available and Adverse Inferences VIII. Analysis of Programs IX. Discussion of the Issues Comment 1: Whether Commerce Should Apply Adverse Facts Available (AFA) to the Export Buyer’s Credit Program (EBCP) Comment 2: Whether the Income Tax Reductions for High and New Technology Enterprises (HTNE) and Income Tax Deductions for Research and Development Expenses Under the Enterprise Income Tax (EIT) Law Are Specific Comment 3: Whether To Apply AFA to Find that the Provision of Kraft Paper for Less Than Adequate Remuneration (LTAR) is Specific and Provides a Financial Contribution From the GOC Comment 4: Whether Commerce Should Apply AFA to Fujian Nanwang’s Kraft Paper Purchases Comment 5: Whether Commerce Should Use Fujian Nanwang’s Total Sales as the Denominator for the Provision of Kraft Paper for LTAR Comment 6: Whether Commerce Should Reverse Its Preliminary Affirmative Critical Circumstances Finding Comment 7: Whether To Use Fujian Nanwang’s Corrected Sales and Electricity Usage Data Comment 8: The Countervailability of the Provision of Electricity for LTAR Comment 9: Whether Policy Loans to the Paper Bags Industry Constitute a Financial Contribution and Are Specific Comment 10: Whether To Apply AFA to the Provision of Land-Use Rights for LTAR in the Huidong Industrial Zone Comment 11: Whether the Provision of Land-Use Rights Should Be Treated as a Financial Contribution in the Form of Revenue Forgone X. Recommendation Appendix I: Other Subsidies Determined To Be Countervailable Appendix II: Identification of Export-Specific Subsidies Appendix III: AFA Rate Calculation [FR Doc. 2024–11478 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–872] Certain Paper Shopping Bags From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of paper bags from Taiwan, in which we also postponed the final determination until May 17, 2024. 1 We invited interested parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 3 The Issues and Decision VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - China === 45823Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 7 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 1 See Certain Paper Shopping Bags from the People’s Republic of China: Preliminary Affirmative Determinations of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 344 (January 3, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 Id. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Paper Bags from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 27, 2023 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ’’ Less-Than-Fair Value and Countervailing Duty Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Final Scope Decision Memorandum,’’ dated March 11, 2024 (Final Scope Decision Memorandum). 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 7 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Application of Facts Available and Use of Adverse Inferences V. Discussion of the Issues Comment 1: Whether To Base the Final Dumping Margin for Nanwang on Total Adverse Facts Available Comment 2: Whether To Assign Hexachase’s Rate as the All Others Rate in the Final Determination Comment 3: Whether To Utilize the Most Recent Data Files Submitted by Hexachase Comment 4: Whether Commerce Should Correct Programming Language in the Comparison Market Program VI. Recommendation [FR Doc. 2024–11482 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–152] Certain Paper Shopping Bags From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) 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 is October 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Jinny Ahn or Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0339 or (202) 482–1121, respectively. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of paper bags from China, in which we also postponed the final determination until May 17, 2024. 1 We invited parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is made available to the public 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are paper bags from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 4 We received comments from parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum. 5 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice. Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist for imports of paper bags from China for Dongzheng Paperbag (DaLian) Factory (Dongzheng), the non-selected separate rate companies, and the China-wide entity pursuant to section 735(a)(3)(B) of Tariff VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45824 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 6 See Memorandum, ‘‘Verification of the Sales Responses of UUPAK Company Limited,’’ dated March 25, 2024. 7 See the ‘‘Final Determination’’ section of this notice, infra, at footnote 23. 8 See Issues and Decision Memorandum at Comment 2. 9 See Preliminary Determination, 89 FR at 344–45. 10 See Issues and Decision Memorandum at the ‘‘Application of Facts Available’’ section and Comment 1. 11 See the ‘‘Final Determination’’ section of this notice, infra; see also Issues and Decision Memorandum at the ‘‘China-Wide Rate’’ section and Comment 1, for a full discussion. 12 See Preliminary Determination PDM at 14–17. 13 See the ‘‘Final Determination’’ section of this notice, infra, at footnote 18. 14 See Preliminary Determination, 89 FR at 344– 45. 15 See the ‘‘Final Determination’’ section of this notice, infra; see also Issues and Decision Memorandum at the ‘‘China-Wide Rate’’ section and Comment 1, for a full discussion. 16 See Preliminary Determination PDM at 12–13. 17 See Issues and Decision Memorandum at the ‘‘Separate Rates’’ section for further discussion. 18 See section 735(c)(5)(B) of the Act. 19 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589, 41594 (June 27, 2023) (Initiation Notice). 20 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,’’ dated April 5, 2005 (Policy Bulletin 05.1), available on Commerce’s website at https://enforcement.trade.gov/policy/bull05-1.pdf. Act of 1930, as amended (the Act), and 19 CFR 351.206, we continue to find that that critical circumstances exist with respect to imports of paper bags exported by the non-selected separate rate companies and the China-wide entity (including Dongzheng). In addition, we continue to find that critical circumstances do not exist for UUPAK Co., Ltd. (UUPAK). For further discussion of this issue, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct an on-site verification of the information relied upon in making its final determination. However, from March 4 through 8, 2024, we took additional steps, in lieu of an on-site verification, to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act, 6 by conducting virtual verification of UUPAK. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as Appendix II to this notice. Changes Since the Preliminary Determination As explained below, we have found Dongzheng to be part of the China-wide entity. 7 Additionally, based on our review and analysis of the comments received from interested parties, we made one change to the margin calculations for UUPAK. 8 For a discussion of this change, see the Issues and Decision Memorandum. Treatment of Dongzheng Paperbag (DaLian) Factory In the Preliminary Determination, Commerce granted a separate rate to Dongzheng, as a cooperative mandatory respondent.9 As explained in further detail in the Issues and Decision Memorandum, Dongzheng notified Commerce that it would not continue to cooperate with this investigation and withdrew its participation from the scheduled verification. 10 Therefore, because we were unable to verify Dongzheng’s information, we have found that Dongzheng is part of the China-wide entity.11 Application of Total of Adverse Facts Available With Respect to the China- Wide Entity Consistent with the Preliminary Determination,12 Commerce continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)–(D) of the Act, that the use of facts available is warranted in determining the rate of the China-wide entity, which includes, as noted above, Dongzheng, as well as Qingdao Deepack Co., Ltd. (Qingdao Deepack), which submitted a separate rate application (SRA) but did not respond adequately to all of our requests for information. 13 Furthermore, we continue to find that an adverse inference is warranted in selecting from the facts otherwise available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a), because the China-wide entity failed to cooperate by not acting to the best of their ability to comply with Commerce’s requests for information. For the final determination, consistent with the Preliminary Determination,14 as adverse facts available, we are applying Dongzheng’s highest individual calculated dumping margin, 146.32 percent, to the China-wide entity, because it is a rate derived from information submitted on the record and achieves the right balance between the goal of inducing future cooperation by the uncooperative respondent and the rate not being punitive.15 Separate Rates We preliminarily found the mandatory respondents Dongzheng and UUPAK to be eligible for a separate rate in the Preliminary Determination.16 No party commented on our preliminary separate rate determination with respect to UUPAK and we have no basis to otherwise reconsider this determination. Accordingly, we continue to find that UUPAK is eligible for a separate rate in the final determination.17 As explained above, because Dongzheng refused to participate in verification of its SRA, we, have denied Dongzheng separate rate status. In addition, no party commented on our decision in the Preliminary Determination to grant separate status to certain other respondents that we did not select for individual examination or on our preliminary determination to deny a separate rate to Qingdao Deepack, which failed to establish its eligibility for a separate rate by not complying with all of our requests for information. Accordingly, we have continued to treat Qingdao Deepack as a part of the China- wide entity. Further, generally, Commerce looks to section 735(c)(5)(A) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for separate rate respondents which we did not individually examine. The statute further provides that, where all margins are zero, de minimis, or based entirely on facts available under section 776 of the Act, Commerce may use ‘‘any reasonable method’’ for assigning the rate to non-selected respondents. 18 In this final determination, the only participating mandatory respondent (i.e., UUPAK) has received a weighted- average dumping margin which is not zero, de minimis, or based entirely on facts available. Therefore, in accordance with section 735(c)(5)(A) of the Act, we have assigned UUPAK’s calculated weighted-average dumping margin (i.e., 73.05 percent) to the non-examined separate rate respondents. Combination Rates Consistent with the Initiation Notice,19 Preliminary Determination, and Policy Bulletin 05.1, 20 Commerce calculated combination rates for the sole respondent that is eligible for a separate rate in this investigation. Final Determination The final estimated weighted-average dumping margins are as follows: VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45825Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 21 As explained above, we have not granted a separate rate to Dongzheng or Qingdao Deepack; thus, the China-wide entity includes Dongzheng and Qingdao Deepack. See the Issues and Decision Memorandum for additional details. 22 See Memorandum, ‘‘Final Determination Analysis,’’ dated concurrently with this notice, for more information. 23 See Certain Paper Shopping Bags From the People’s Republic of China: Preliminary Affirmative Determination of Countervailable Subsidies, Preliminary Affirmative Determination of Critical Circumstances, and Alignment of Final Determination With Final Antidumping Duty Determination, 88 FR 76180 (November 6, 2023); see also section 703(d) of the Act, which states that the provisional measures may not be in effect for more than four months, which in the companion CVD case is 120 days after the publication of the preliminary determination, or October 24, 2023. Exporter Producer Weighted- average dumping margin (percent) Cash deposit rate (adjusted for export subsidy offset(s)) (percent) UUPAK Co., Ltd ............................................................... Tianjin Haishun Printing & Packing Co., Ltd .................. 73.05 62.07 Fujian Eco Packaging Co., Ltd ........................................ Fujian Hongkai Packaging Co., Ltd ................................ 73.05 62.07 Fujian Eco Packaging Co., Ltd ........................................ Fujian Yihe Packaging Co., Ltd ...................................... 73.05 62.07 Fujian Eco Packaging Co., Ltd ........................................ Guangdong Union Eco-Packaging Scien-Tech Co., Ltd 73.05 62.07 Fujian Eco Packaging Co., Ltd ........................................ Xiamen Huide Eco-friendly Paper Bags Co., Ltd ........... 73.05 62.07 Fujian Eco Packaging Co., Ltd ........................................ Xiamen Jihong Technology Co., Ltd ............................... 73.05 62.07 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Anhui Nanwang Environmental Protection Technology Co., Ltd. 73.05 61.65 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Fujian Nanwang Environment Protection Scien-tech CO., LTD. 73.05 61.65 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Hubei Nanwang Environmental Protection Scien-tech Co., Ltd. 73.05 61.65 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Xianghe Nanwang Environmental Protection Tech- nology Co., Ltd. 73.05 61.65 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Zhuhai Zhongyue Paper CUP Container Co., Ltd .......... 73.05 61.65 Grand Intelligent Limited .................................................. Ruichuang Limited .......................................................... 73.05 62.07 Max Fortune Industrial Ltd ............................................... Winner Printing and Packaging (He Yuan) Ltd .............. 73.05 62.07 Ningbo Beiheng Import & Export Company Limited ....... Wenzhou Weijie Packing Co., Ltd .................................. 73.05 62.07 Shanghai Miho Package & Product Co., Ltd ................... Zhejiang Shengxiang Industrial Co., Ltd ......................... 73.05 62.07 Union Packaging Group Limited ...................................... Guangdong Union Eco-Packaging Scien-Tech Co., Ltd 73.05 62.07 Wuxi Hualite Metal Plastic Products Co., Ltd .................. Wuxi Hualite Paper Products Co., Ltd ............................ 73.05 62.07 Xiamen Bag Imp. & Exp. Co., Ltd ................................... Xiamen CYR Green-Tech Co., Ltd ................................. 73.05 62.07 Xiamen Huide Xiesheng Packaging Co., Ltd .................. Xiamen Huide Eco-Friendly Paper Bags Co., Ltd .......... 73.05 62.07 Xiamen Jihong Technology Co., Ltd ............................... Xiamen Jihong Technology Co., Ltd ............................... 73.05 62.07 Xiamen Joy Supply Chain Co., Ltd ................................. Fujian Huian Nice Paper Products Co., Ltd ................... 73.05 62.07 Xiamen Joy Supply Chain Co., Ltd ................................. Xiamen THINKER Packaging Products Co., Ltd ............ 73.05 62.07 Xiamen Nice Packaging Products Co., Ltd ..................... Fujian Huian Nice Paper Products Co., Ltd ................... 73.05 62.07 Xiamen Nice Packaging Products Co., Ltd ..................... Xiamen THINKER Packaging Products Co., Ltd ............ 73.05 62.07 China-wide Entity 21 ......................................................... .......................................................................................... * 146.32 135.77 * Rate based on AFA. Disclosure We intend to disclose the calculations performed in this final determination within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(4) of the Act, because Commerce continues to find that critical circumstances exist for the non-selected separate rate companies and the China-wide entity, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of subject merchandise, as described in Appendix I of this notice, entered, or withdrawn from warehouse, for consumption, on or after October 5, 2023, which is 90 days prior to the date of the date of publication of the affirmative Preliminary Determination in the Federal Register. For UUPAK, in accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation of all entries of certain paper bags from China, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse for consumption on or after January 3, 2024, the date of publication in the Federal Register of the Preliminary Determination. 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. Accordingly, where Commerce makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rates. Commerce has continued to adjust the cash deposit rate for the China-wide entity for export subsidies in the companion CVD investigation by the appropriate export subsidy rate as indicated in the above chart.22 However, suspension of liquidation of provisional measures in the companion CVD case has been discontinued; 23 therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies at this time. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), we will instruct CBP to require a cash deposit for such entries of merchandise equal to the amount by which the normal value exceeds the U.S. price as follows: (1) for the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 45826 Federal Register / Vol. 89, No. 102 / Friday, May 24, 2024 / Notices 24 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/exporters of subject merchandise 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 country exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/ exporter combination (or China-wide entity) that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of paper bags from China no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as the final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination and this notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 17, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistance Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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 24 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Application of Facts Available and Use of Adverse Inference IV. China-Wide Rate V. Final Affirmative Determination of Critical Circumstances VI. Changes Since the Preliminary Determination VII. Discussion of the Issues Comment 1: Whether To Adjust the China- Wide Rate Comment 2: Whether To Adjust the Paper Surrogate Value (SV) Comment 3: Whether To Conduct a Seasonality Analysis as Part of the Critical Circumstances Analysis VIII. Recommendation [FR Doc. 2024–11477 Filed 5–23–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–917] Certain Paper Shopping Bags From India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain paper shopping bags (paper bags) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 31, 2023. DATES : Applicable May 24, 2024. FOR FURTHER INFORMATION CONTACT : Gorden Struck or Nathan Araya, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8151 or (202) 482–3401, respectively. SUPPLEMENTARY INFORMATION : Background On January 3, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of paper bags from India, in which we also postponed VerDate Sep<11>2014 17:40 May 23, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling (2) === 47613Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices 1 89 FR 3424, January 18, 2024. 2 88 FR 76180, 88 FR 76185, November 6, 2024; and 89 FR 319, 89 FR 321, 89 FR 325, 89 FR 331, 89 FR 333, 89 FR 336, 89 FR 339, 89 FR 341, and 89 FR 344, January 3, 2024 3 89 FR 19295, March 18, 2024. 4 89 FR 45841, 89 FR 45823, 89 FR 45843, 89 FR 45826, 89 FR 45821, 89 FR 45845, 89 FR 45832, 89 FR 45839, 89 FR 45829, 89 FR 45834, May 24, 2024. barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.61 of the Commission’s rules. By order of the Commission. Issued: May 24, 2024. Sharon Bellamy, Supervisory Hearings and Information Officer. [FR Doc. 2024–11917 Filed 5–31–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–690–691 and 731–TA–1619–1625 and 731–TA–1627 (Final)] Paper Shopping Bags From Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam; Scheduling of the Final Phase of the Antidumping and Countervailing Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. DATES : May 24, 2024. FOR FURTHER INFORMATION CONTACT : Andres Andrade ((202) 205–2078), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Effective January 3, 2024, the Commission established a general schedule for the conduct of the final phase of its investigations on paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam 1 following preliminary determinations by the U.S. Department of Commerce (‘‘Commerce’’) that imports of paper shopping bags from China and India were being subsidized by the governments of China and India and that imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam were being sold in the United States at less than fair value (‘‘LTFV’’). 2 Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on January 18, 2024, (89 FR 3424). The Commission conducted its hearing on March 14, 2024. The Commission subsequently issued its final determination that an industry in the United States was materially injured by reason of imports of paper shopping bags from Turkey that Commerce had determined were sold at LTFV in the United States.3 Commerce issued its final affirmative determinations that imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam were being sold at LTFV in the United States and that imports of paper shopping bags from China and India were being subsidized by the governments of China and India.4 Accordingly, the Commission currently is issuing a supplemental schedule for its antidumping and countervailing duty investigations on imports of product from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam. This supplemental schedule is as follows: the deadline for filing supplemental party comments on Commerce’s final antidumping and countervailing duty determinations is 5:15 p.m. on May 31, 2024. Supplemental party comments may address only Commerce’s final antidumping and countervailing duty determinations regarding imports of product from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam. These supplemental final comments may not contain new factual information and may not exceed five (5) pages in length. The supplemental staff report in the final phase of these investigations regarding subject imports from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam will be placed in the nonpublic record on June 17, 2024; and a public version will be issued thereafter. For further information concerning these investigations see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: May 28, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–12054 Filed 5–31–24; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 18:00 May 31, 2024 Jkt 262001 PO 00000 Frm 00105 Fmt 4703 Sfmt 9990 E:\FR\FM\03JNN1.SGM 03JNN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Order - AD - Cambodia - Colombia - India - Malaysia - Portugal - Taiwan - China - Vietnam === 58334 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices 1 See Certain Paper Shopping Bags from Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part, 89 FR 45841 (May 24, 2024) (Cambodia Final Determination), and accompanying Issues and Decision Memorandum (IDM); see also Certain Paper Shopping Bags from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination, 89 FR 45823 (May 24, 2024) (China Final Determination), and accompanying IDM; Certain Paper Shopping Bags from Colombia: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 45843 (May 24, 2024) (Colombia Final Determination), and accompanying IDM; Certain Paper Shopping Bags from India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 89 FR 45826 (May 24, 2024) (India Final Determination), and accompanying IDM; Certain Paper Shopping Bags from Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 45821 (May 24, 2024) (Malaysia Final Determination), and accompanying IDM; Certain Paper Shopping Bags from Portugal: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 89 FR 45845 (May 24, 2024) (Portugal Final Determination), and accompanying IDM; Certain Paper Shopping Bags from Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 89 FR 45832 (May 24, 2024) (Taiwan Final Determination), and accompanying IDM; and Certain Paper Shopping Bags from the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 89 FR 45839 (May 24, 2024) (Vietnam Final Determination), and accompanying IDM (collectively, Final Determinations). 2 See ITC’s Letter, Investigation Nos. 701–TA– 690–691, 731–TA–1619–1625, and 731–TA–1627 (Final), dated July 10, 2024. 3 See Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, 89 FR 56776 (July 10, 2024) (ITC Final Determination). 4 See Certain Paper Shopping Bags from Cambodia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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 325 (January 3, 2024) (Cambodia Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM); see also Certain Paper Shopping Bags from the People’s Republic of China: Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 344 (January 3, 2024) (China Preliminary Determination), and accompanying PDM; Certain Paper Shopping Bags from Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 319 (January 3, 2024) (Colombia Preliminary Determination), and accompanying PDM; Certain Paper Shopping Bags from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 336 (January 3, 2024) (India Preliminary Determination), and accompanying PDM; Certain Paper Shopping Bags from Malaysia: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, 89 FR 333 (January 3, 2024) (Malaysia Preliminary Determination), and accompanying PDM; Certain Paper Shopping Bags DEPARTMENT OF COMMERCE International Trade Administration [A–555–002, A–301–805, A–533–917, A–557– 825, A–471–808, A–583–872, A–570–152, A– 552–836] Certain Paper Shopping Bags From Cambodia, Colombia, India, Malaysia, Portugal, Taiwan, the People’s Republic of China, 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 shopping bags (paper bags) from Cambodia, Colombia, India, Malaysia, Portugal, Taiwan, the People’s Republic of China (China), and the Socialist Republic of Vietnam (Vietnam). DATES : Applicable July 18, 2024. FOR FURTHER INFORMATION CONTACT : Charles Doss or Kyle Clahane at (202) 482–4474 or (202) 482–5449, respectively (Cambodia); Jinny Ahn or Tyler Weinhold at (202) 482–0339 or (202) 482–1121, respectively (China); Laurel LaCivita at (202) 482–4243 (Colombia); Nathan Araya or Gorden Struck at (202) 482–3401 or (202) 482– 8151, respectively (India); Daniel Alexander at (202) 482–4313 (Malaysia); Colin Thrasher at (202) 482–3004 (Portugal); Nathan James at (202) 482– 5305 (Taiwan); Myrna Lobo at (202) 482–2371 (Vietnam), AD/CVD Operations, Offices II, III, IV, V, VI, and VII Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION : Background On May 24, 2024, Commerce published in the Federal Register its affirmative final determinations in the less-than-fair-value (LTFV) investigations of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam in accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act). 1 On July 5, 2024, the ITC notified Commerce of its affirmative final determinations, pursuant to section 735(d) of 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 LTFV imports of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam. 2 On July 10, 2024, in accordance with section 735(d) of the Act, the ITC published in the Federal Register its affirmative final injury determination in these investigations in which it found that an industry in the United States is materially injured by reason of imports of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam. 3 Scope of the Orders The products covered by these orders are paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, 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, in accordance with section 735(c)(2) and 736 of the Act, Commerce is issuing these AD orders. Because the ITC determined that imports of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, 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. 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 equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam. With the exception of entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determinations, as further described below, antidumping duties will be assessed on unliquidated entries of paper bags entered, or withdrawn from warehouse, for consumption, on or after January 3, 2024, the date of publication of the Preliminary Determinations.4 Because Commerce VerDate Sep<11>2014 16:47 Jul 17, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 58335Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices from Portugal: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, and Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 341 (January 3, 2024) (Portugal Preliminary Determination), and accompanying PDM; Certain Paper Shopping Bags from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 331 (January 3, 2024) (Taiwan Preliminary Determination), and accompanying PDM; and Certain Paper Shopping Bags from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Critical Circumstances Determination, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 321 (January 3, 2024) (Vietnam Preliminary Determination), and accompanying PDM (collectively, Preliminary Determinations). 5 See Cambodia Final Determination, 89 FR 45841; see also China Final Determination, 89 FR 45823; Colombia Final Determination, 89 FR 45843; India Final Determination, 89 FR 45826; Malaysia Final Determination, 89 FR 45821; Portugal Final Determination, 89 FR 45845; Taiwan Final Determination, 89 FR 45832; and Vietnam Final Determination, 89 FR 45839. 6 See Cambodia Preliminary Determination, 89 FR 325; see also China Preliminary Determination, 89 FR 344; Colombia Preliminary Determination, 89 FR 319; India Preliminary Determination, 89 FR 336; Malaysia Preliminary Determination, 89 FR 333; Portugal Preliminary Determination, 89 FR 341; Taiwan Preliminary Determination, 89 FR 331; and Vietnam Preliminary Determination, 89 FR 321. 7 In the investigation of paper bags from Taiwan, Commerce’s preliminary determination was negative with respect to Haur Tyi Paper Bag Co., Ltd., but Commerce’s final determination for the company was affirmative. Accordingly, we directed CBP to suspend liquidation for Haur Tyi Paper Bag Co., Ltd.’s entries from the date of publication of the Taiwan Final Determination and, at the time of publication of this order, we have not issued instructions pertaining to the expiration of provisional measures for Haur Tyi Paper Bag Co., Ltd. made final affirmative determinations of sales at LTFV, Commerce directed CBP to continue suspension of liquidation of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam entered or withdrawn from warehouse for consumption, on or after May 24, 2024, the date of publication of the Final Determinations.5 Critical Circumstances With respect to the ITC’s negative critical circumstances determination on imports of paper bags from Cambodia, China, India, Taiwan, and Vietnam, we will instruct CBP to lift the suspension of liquidation and to refund all cash deposits for estimated antidumping duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after October 5, 2023 (i.e., 90 days prior to the date of the publication of the Cambodia Preliminary Determination, China Preliminary Determination, India Preliminary Determination, Taiwan Preliminary Determination, and Vietnam Preliminary Determination), but before January 3, 2024, the date of publication of the Preliminary Determinations. 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 intends to instruct CBP to continue to suspend liquidation on all relevant entries of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, effective July 10, 2024, the date of publication of the ITC Final Determination. These instructions suspending liquidation will remain in effect until further notice. Further, Commerce intends to instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins, with offsets for export subsidies where appropriate, as indicated in the tables below. Accordingly, effective July 10, 2024, the date of publication of the ITC Final Determination, CBP will suspend the liquidation of entries of subject merchandise, and require, at the same time that importers would normally deposit estimated duties on the merchandise, a cash deposit equal to the rates listed below. The relevant all- others rates apply to all producers or exporters not specifically listed, as appropriate. Provisional Measures Section 733(d) of the Act states that instructions issued under section 733(d)(1) and (2) of the Act 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 extends the four-month period to no more than six months. At the request of exporters that account for a significant proportion of exports of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, Commerce extended the four-month period to six months in these investigations. Commerce published the Preliminary Determinations on January 3, 2024.6 The extended provisional measures period, beginning on the date of publication of the Preliminary Determinations, ended on June 30, 2024. Therefore, in accordance with section 733(d) of the Act, Commerce intends to instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, certain 7 unliquidated entries of paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam entered, or withdrawn from warehouse, for consumption after June 30, 2024, the final day on which the provisional measures were in effect, through the day preceding the date of publication of the ITC Final Determination. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC Final Determination. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins as published in Commerce’s Final Determinations are as follows: CAMBODIA Producer or exporter Estimated weighted- average dumping margin (percent) Nice Packaging (Cambodia) Co., Ltd ........................................... 7.07 UUPak Company Limited ........... 7.07 Pan Pacific Plastics Manufac- turing, Inc ................................ * 248.81 All Others .................................... 7.07 * Rate based on facts available with adverse inferences. VerDate Sep<11>2014 16:47 Jul 17, 2024 Jkt 262001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 58336 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices CHINA Exporter Producer Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for export subsidy offset(s) (percent) UUPAK Co., Ltd ........................................................... Tianjin Haishun Printing & Packing Co., Ltd ................ 73.05 62.07 Fujian Eco Packaging Co., Ltd ..................................... Fujian Hongkai Packaging Co., Ltd .............................. 73.05 62.07 Fujian Eco Packaging Co., Ltd ..................................... Fujian Yihe Packaging Co., Ltd .................................... 73.05 62.07 Fujian Eco Packaging Co., Ltd ..................................... Guangdong Union Eco-Packaging Scien-Tech Co., Ltd. 73.05 62.07 Fujian Eco Packaging Co., Ltd ..................................... Xiamen Huide Eco-friendly Paper Bags Co., Ltd ......... 73.05 62.07 Fujian Eco Packaging Co., Ltd ..................................... Xiamen Jihong Technology Co., Ltd ............................ 73.05 62.07 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Anhui Nanwang Environmental Protection Technology Co., Ltd. 73.05 61.65 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Fujian Nanwang Environment Protection Scien-tech CO., LTD. 73.05 61.65 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Hubei Nanwang Environmental Protection Scien-tech Co., Ltd. 73.05 61.65 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Xianghe Nanwang Environmental Protection Tech- nology Co., Ltd. 73.05 61.65 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. Zhuhai Zhongyue Paper CUP Container Co., Ltd ....... 73.05 61.65 Grand Intelligent Limited .............................................. Ruichuang Limited ........................................................ 73.05 62.07 Max Fortune Industrial Ltd ........................................... Winner Printing and Packaging (He Yuan) Ltd ............ 73.05 62.07 Ningbo Beiheng Import & Export Company Limited .... Wenzhou Weijie Packing Co., Ltd ................................ 73.05 62.07 Shanghai Miho Package & Product Co., Ltd ............... Zhejiang Shengxiang Industrial Co., Ltd ...................... 73.05 62.07 Union Packaging Group Limited .................................. Guangdong Union Eco-Packaging Scien-Tech Co., Ltd. 73.05 62.07 Wuxi Hualite Metal Plastic Products Co., Ltd .............. Wuxi Hualite Paper Products Co., Ltd ......................... 73.05 62.07 Xiamen Bag Imp. & Exp. Co., Ltd ................................ Xiamen CYR Green-Tech Co., Ltd .............................. 73.05 62.07 Xiamen Huide Xiesheng Packaging Co., Ltd ............... Xiamen Huide Eco-Friendly Paper Bags Co., Ltd ....... 73.05 62.07 Xiamen Jihong Technology Co., Ltd ............................ Xiamen Jihong Technology Co., Ltd ............................ 73.05 62.07 Xiamen Joy Supply Chain Co., Ltd .............................. Fujian Huian Nice Paper Products Co., Ltd ................. 73.05 62.07 Xiamen Joy Supply Chain Co., Ltd .............................. Xiamen THINKER Packaging Products Co., Ltd ......... 73.05 62.07 Xiamen Nice Packaging Products Co., Ltd .................. Fujian Huian Nice Paper Products Co., Ltd ................. 73.05 62.07 Xiamen Nice Packaging Products Co., Ltd .................. Xiamen THINKER Packaging Products Co., Ltd ......... 73.05 62.07 China-wide Entity ..................................................................................................................................................... * 146.32 135.77 * Rate based on facts available with adverse inferences. COLOMBIA Producer or exporter Estimated weighted- average dumping margin (percent) Ditar, S.A ............................................................................................................................................................................................. 11.06 Industria Colombiana de Papeles ....................................................................................................................................................... * 56.14 Fa´ brica de Bolsas de Papel ................................................................................................................................................................ * 56.14 All Others ............................................................................................................................................................................................. 11.06 * Rate based on facts available with adverse inferences. INDIA Producer or exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for export subsidy offset(s) (percent) Aeroplast Packaging Solution Private Limited; Aero Plast Limited; Aero Business Solutions Private Limited ...... 0.00 Not Applicable Kuloday Plastomers Pvt. Ltd ................................................................................................................................... 4.59 1.20 Adeera Packaging Pvt. Ltd ...................................................................................................................................... 4.59 1.20 Amate Products Pvt. Ltd .......................................................................................................................................... 4.59 1.20 Apex Paper and Plastic and Film ............................................................................................................................ * 53.05 49.66 Archies Limited ........................................................................................................................................................ 4.59 1.20 VerDate Sep<11>2014 16:47 Jul 17, 2024 Jkt 262001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 58337Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices INDIA—Continued Producer or exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for export subsidy offset(s) (percent) Asha Overseas ........................................................................................................................................................ * 53.05 49.66 Carrywell Packaging Pvt. Ltd .................................................................................................................................. 4.59 1.20 Colorbox ................................................................................................................................................................... 4.59 1.20 Dynaflex Private Limited .......................................................................................................................................... 4.59 1.20 Godhani Exports ...................................................................................................................................................... * 53.05 49.66 Pack Easy Paper Products ...................................................................................................................................... * 53.05 49.66 Pack Planet Pvt. Ltd ................................................................................................................................................ 4.59 1.20 Poonam .................................................................................................................................................................... 4.59 1.20 Shriniwas Enterprises .............................................................................................................................................. 4.59 1.20 Tejaswi Plastic Pvt. Ltd ........................................................................................................................................... 4.59 1.20 The Velvin Group (DBA Velvin Packaging Solutions Pvt. Ltd. and Velvin Paper Products) .................................. 4.59 2.21 Vama Packaging ...................................................................................................................................................... 4.59 1.20 All Others ................................................................................................................................................................. 4.59 1.20 * Rate based on facts available with adverse inferences. MALAYSIA Producer or exporter Estimated weighted- average dumping margin (percent) Hexachase Packaging Sdn. Bhd ......................................................................................................................................................... 3.18 Nanwang Pack (M) Sdn. Bhd .............................................................................................................................................................. * 112.22 Kooka Paper Manufacturing Sdn. Bhd ................................................................................................................................................ * 112.22 All Others ............................................................................................................................................................................................. 3.18 * Rate based on facts available with adverse inferences. PORTUGAL Producer or exporter Estimated weighted- average dumping margin (percent) Finieco Indu´ stria e Come´ rcio de Embalagens, S.A ............................................................................................................................ 6.14 All Others ............................................................................................................................................................................................. 6.14 TAIWAN Producer or exporter Estimated weighted- average dumping margin (percent) Haur Tyi Paper Bag Co., Ltd ............................................................................................................................................................... 4.74 Juang Jia Guoo Co., Ltd ..................................................................................................................................................................... * 65.81 All Others ............................................................................................................................................................................................. 4.74 * Rate based on facts available with adverse inferences. VerDate Sep<11>2014 16:47 Jul 17, 2024 Jkt 262001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 58338 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices 8 Regarding Dong Sung Printing Co., Ltd., and Dong Sung Vina Printing Co., Ltd., Dong Sung is sometimes translated as one word ‘‘Dongsung.’’ 9 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 10 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 11 Id. 12 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. 13 See Final Rule, 86 FR 52335. VIETNAM 8 Exporter Producer Estimated weighted- average dumping margin (percent) Goldsun Packaging and Printing Joint Stock Company ............ Goldsun Packaging and Printing Joint Stock Company ............ 36.51 Dong Sung Printing Co., Ltd ...................................................... Dong Sung Vina Printing Co., Ltd .............................................. 36.51 Khang Thanh Manufacturing Company Limited ......................... Khang Thanh Manufacturing Company Limited ......................... 36.51 Vietnam Red Star Industry Company Limited ............................ Vietnam Red Star Industry Company Limited ............................ 36.51 Vietnam-Wide Entity ............................................................................................................................................................................ * 92.34 * Rate based on facts available with adverse inferences. Establishment of the Annual Inquiry Service List 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. 9 On September 27, 2021, Commerce also published the notice titled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register. 10 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.11 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.’’ 12 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 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.’’ 13 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 entries 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. Notifications to Interested Parties This notice constitutes the AD orders with respect to paper bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, 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: July 11, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Orders The merchandise covered by these orders consists of 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 VerDate Sep<11>2014 16:47 Jul 17, 2024 Jkt 262001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 58339Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices 14 Paper sacks or bags with handles made of braided or twisted materials, such as rope or cord, do not qualify for this exclusion. 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 14 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. [FR Doc. 2024–15746 Filed 7–17–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; A Coastal Management Needs Assessment and Market Analysis for Financing Resilience The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on February 27, 2024 (89 FR 14447) during a 60-day comment period. No comments were received. This notice allows for an additional 30 days for public comments. Agency: National Oceanic and Atmospheric Administration (NOAA), Commerce. Title: A Coastal Management Needs Assessment and Market Analysis for Financing Resilience. OMB Control Number: 0648–0796. Form Number(s): None. Type of Request: Regular submission [extension of an approved information collection]. Number of Respondents: 36. Average Hours per Response: 1.5 hours. Total Annual Burden Hours: 54. Needs and Uses: This is a request for extension to an approved collection of information under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and implementing regulations at 5 CFR. part 1320. This previously-approved information collection assists NOAA in the development of funding and financing coastal resilience learning products and tools in support of the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 et seq. NOAA’s Office for Coastal Management (OCM) and its regional, State, Federal, and non- profit partners have worked closely with coastal managers across the country to increase the resilience of our coastal communities, economies and ecosystems. Under the CZMA, OCM provides financial and technical assistance to states and territories, including that which helps its customers (coastal managers) develop hazard mitigation and climate adaptation plans that include strategies for short-term responses to immediate threats (e.g., flooding, hurricanes) as well as long-term responses to gradual changes (e.g., sea level rise, drought). Services are provided through outreach, training, funding, resource, and tool development. Solutions to these resilience challenges are often complex and cross- sectoral. Therefore, coastal decision- makers regularly point to the need for more substantial, coordinated, sustained and creative funding opportunities to support these efforts. The results of an initial review of more than 200 resources that NOAA conducted in support of this effort, and informal conversations with NOAA customers and other stakeholders indicate that there is no comprehensive inventory or guide to understanding and selecting appropriate funding options or financing strategies. These findings have been further confirmed in subsequent informal discussions with coastal resilience and finance practitioners at national venues such as the National Adaptation Forum and Social Coast Forum, as well as through the original needs assessment using this information collection instrument. NOAA’s coastal management partners continue to request support on this topic. The financing world is one that is constantly evolving new products and retiring others. The range of funding and financing options, from grants and low- interest loans to more innovative private-public partnerships and emerging bonds, presents an ever- changing and complex array of choices. In initial internal communications and informal discussions conducted between June 2018 and February 2020, NOAA customers indicated that these opportunities and mechanisms are not well understood, and are generally inaccessible to coastal managers, particularly in small to mid-sized communities, rural areas, and tribal communities. The initial information gathered via this collection supported this. In many coastal communities, investment in mitigation and resilience measures remains either limited or reactive in response to a catastrophic event. While there are no data on the number of adaptation plans that have been implemented, lack of funding is a frequently cited barrier to implementation. At the same time, it has been estimated that investing in mitigation can save communities $6 for every $1 spent through mitigation grants VerDate Sep<11>2014 16:47 Jul 17, 2024 Jkt 262001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Order - CVD - China - India === 58331Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices 1 See Certain Paper Shopping Bags from the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, 89 FR 45829 (May 24, 2024); see also Certain Paper Shopping Bags from India: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in part, 89 FR 45834 (May 24, 2024). is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024–15755 Filed 7–17–24; 8:45 am] BILLING CODE 3510–06–P DEPARTMENT OF COMMERCE Economic Development Administration Notice of National Advisory Council on Innovation and Entrepreneurship Meeting AGENCY : Economic Development Administration, U.S. Department of Commerce. ACTION : Notice of an open meeting. SUMMARY : The National Advisory Council on Innovation and Entrepreneurship (NACIE) will hold a virtual public meeting on August 1, 2024. This will be the current NACIE members’ sixth meeting since their appointments in 2022. During this meeting, NACIE expects to discuss strategies to unlock sources of capital to leverage federal investments and designations, including current and future Tech Hubs, aligned with the U.S. Department of Commerce’s existing work in this area. DATES : August 1, 2024, 2 p.m.–3 p.m. eastern time (ET). ADDRESSES : The meeting will be held virtually with no in-person component. Please note that pre-clearance is required to make a statement during the public comment portion of the meeting. Please limit comments to five minutes or less and submit a brief statement summarizing your comments to Eric Smith (see contact information below) no later than 11:59pm ET on Friday, July 26, 2024. Virtual meeting connection information will be published prior to the meeting along with the agenda on the NACIE website at https://www.eda.gov/strategic- initiatives/national-advisory-council-on- innovation-and-entrepreneurship/ meetings. FOR FURTHER INFORMATION , CONTACT : Eric Smith, Office of the Assistant Secretary, 1401 Constitution Avenue NW, Room 72021, Washington, DC 20230; email: nacie@doc.gov; telephone: +1 202 482 8001. Please reference ‘‘NACIE August 2024 Meeting’’ in the subject line of your correspondence. SUPPLEMENTARY INFORMATION : NACIE, established pursuant to section 25(c) of the Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3720(c)), is a Federal Advisory Committee Act committee that provides advice directly to the Secretary of Commerce. NACIE has been charged with developing a national entrepreneurship strategy that strengthens America’s ability to compete and win as the world’s leading startup nation and as the world’s leading innovator in critical emerging technologies. NACIE also has been charged with identifying and recommending solutions to drive the innovation economy, including growing a skilled STEM workforce and removing barriers for entrepreneurs ushering innovative technologies into the market. The Council facilitates federal dialogue with the innovation, entrepreneurship, and workforce development communities. Throughout its history, NACIE has presented recommendations to the Secretary of Commerce along the research-to-jobs continuum, such as increasing access to capital, growing and connecting entrepreneurial communities, fostering small business- driven research and development, supporting the commercialization of key technologies, and developing the workforce of the future. The final agenda for the meeting will be posted on the NACIE website at https://www.eda.gov/strategic- initiatives/national-advisory-council-on- innovation-and-entrepreneurship/ meetings prior to the meeting. Any member of the public may submit pertinent questions and comments concerning NACIE’s affairs at any time before or after the meeting to Eric Smith (see contact information above). Those wishing to listen to the proceedings can do so via teleconference or web conference (see above). Copies of the meeting minutes will be available by request within 90 days of the meeting date. Dated: July 12, 2024. Eric Smith, Tech Hubs Program Director. [FR Doc. 2024–15753 Filed 7–17–24; 8:45 am] BILLING CODE 3510–24–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–153, C–533–918] Certain Paper Shopping Bags From the People’s Republic of China and India: Countervailing 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 countervailing duty orders on certain paper shopping bags (paper bags) from the People’s Republic of China (China) and India. DATES : Applicable July 18, 2024. FOR FURTHER INFORMATION CONTACT : Robert Copyak (China) or Paul Kebker (India), AD/CVD Operations, Offices IX and IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3642 and (202) 482–2254, respectively. SUPPLEMENTARY INFORMATION : Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on May 24, 2024, Commerce published its affirmative final determinations that countervailable subsidies are being provided to producers and exporters of paper bags from China and India. 1 On July 5, 2024, the ITC notified Commerce of its final VerDate Sep<11>2014 16:47 Jul 17, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 58332 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices 2 See ITC’s Letter, ‘‘Notification of ITC Final Determinations,’’ dated July 5, 2024; see also Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, 89 FR 56776 (July 10, 2024). 3 See Certain Paper Shopping Bags from the People’s Republic of China: Preliminary Affirmative Determination of Countervailable Subsidies, Preliminary Affirmative Determination of Critical Circumstances, and Alignment of Final Determination with Final Antidumping Duty Determination, 88 FR 76180 (November 6, 2023); see also Certain Paper Shopping Bags from India: Preliminary Affirmative Determination of Countervailable Subsidies, Preliminary Affirmative Determination of Critical Circumstances in Part, and Alignment of Final Determination with the Final Antidumping Duty Determination, 88 FR 76185 (November 6, 2023) (collectively, Preliminary Determinations). 4 Fujian Nanwang is cross-owned with the following companies: Zhuhai Zhongyue Paper Cup Container Co., Ltd.; Anhui Nanwang Environmental Protection Technology Co., Ltd.; Xianghe Nanwang Environmental Protection Technology Co., Ltd.; and Hubei Nanwang Environmental Protection Technology Co., Ltd. 5 Aeroplast Packaging Solution Private Limited is cross-owned with the following companies: Aero Business Solutions Private Limited; and Aero Plast Limited. 6 Velvin Paper Products is cross-owned with Velvin Packaging Solutions Private Limited. 7 See Preliminary Determinations. affirmative determinations that an industry in the United States is materially injured by reason of subsidized imports of paper bags from China and India, within the meaning of section 705(b)(1)(A)(i) of the Act.2 Further, the ITC determined that critical circumstances do not exist with respect to imports of paper bags from China and India. Scope of the Orders The products covered by these orders are paper bags from China and India. For a complete description of the scope of the orders, see the appendix to this notice. Orders As stated above, on July 5, 2024, the ITC notified Commerce of its final determinations that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of paper bags from China and India. Therefore, in accordance with section 705(c)(2) of the Act, Commerce is issuing these countervailing duty orders. Moreover, because the ITC determined that imports of paper bags from China and India are materially injuring a U.S. industry, unliquidated entries of such merchandise from China and India, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. Therefore, in accordance with section 706(a) of the Act, Commerce intends to direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties on unliquidated entries of paper bags from China and India entered, or withdrawn from warehouse, for consumption on or after November 6, 2023, the date of the publication of the Preliminary Determinations,3 but will not include entries occurring after the expiration of the provisional measures and before the publication in the Federal Register of the ITC’s final injury determination under section 705(b) of the Act, as further described in the ‘‘Provisional Measures’’ section of this notice. Suspension of Liquidation In accordance with section 706 of the Act, Commerce intends to instruct CBP to reinstitute the suspension of liquidation on all entries of paper bags from China and India, effective on the date of publication of the ITC’s final affirmative injury determination in the Federal Register, and to assess, upon further instruction by Commerce, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of subject merchandise in an amount based on the net countervailable subsidy rates below. On or after the date of publication of the ITC’s final affirmative injury determination in the Federal Register, we will also instruct CBP to require cash deposits on entries of subject merchandise as indicated below. These instructions suspending liquidation will remain in effect until further notice. The all-others rate applies to all producers or exporters not specifically listed below, as appropriate. Estimated Countervailable Subsidy Rates The estimated countervailable subsidy rates are as follows: CHINA Exporter/producer Subsidy rate (percent ad valorem) Bagitan Packaging ...................... 172.36 Changzhou Anjucheng ............... 172.36 Courage Packaging .................... 172.36 Dongzheng PaperBag (DaLian) Factory .................................... 40.76 Evertrust Packaging ................... 172.36 Fujian Nanwang Environment Protection Scien-tech Co., Ltd. 4 ........................................ 42.36 Geotegrity EcoPack .................... 172.36 GrandIntelligent .......................... 172.36 Li & Fung .................................... 172.36 Qingdao Chenyu Packaging Co., Ltd. .......................................... 172.36 Shanghai Macolink Supply Chain Management Co., Ltd. ............ 172.36 Shanghai Sanxi Paper Co., Ltd. 172.36 Xiamen C&D Pulp & Paper Co., Ltd ........................................... 172.36 Xiamen Champion FMCG .......... 172.36 Xiamen New Idea Packaging Co., Ltd. .................................. 172.36 Xiamen Wonderful Bag Import and Export Co., Ltd. ................ 172.36 All Others .................................... 41.46 INDIA Exporter/producer Subsidy rate (percent ad valo- rem) Aeroplast Packaging Solution Private Limited 5 ...................... 4.81 Velvin Paper Products 6 .............. 2.38 All Others .................................... 3.39 Provisional Measures 4 5 6 Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published the Preliminary Determinations on November 6, 2023.7 As such, the four-month period beginning on the date of the publication of the Preliminary Determinations ended on March 4, 2024. Therefore, in accordance with section 703(d) of the Act, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of paper bags from China and India entered, or withdrawn from warehouse, for consumption, on or after March 5, 2024, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determination 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 determination in the Federal Register. Critical Circumstances Regarding the ITC’s negative critical circumstances determination on imports of paper bags from China and India, we intend to instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated countervailing duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after August 8, 2023 (i.e., 90 days prior to the date of the publication of the Preliminary VerDate Sep<11>2014 16:47 Jul 17, 2024 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 58333Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Notices 8 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 9 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 10 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. 11 See Procedural Guidance, 86 FR 53206. 12 See Final Rule, 86 FR 52335. Determinations), but before November 6, 2023 (i.e., the date of publication of the Preliminary Determinations). Establishment of the Annual Inquiry Service Lists On September 20, 2021, Commerce published the Final Rule in the Federal Register. 8 On September 27, 2021, Commerce also published the Procedural Guidance in the Federal Register. 9 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. 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 notice 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.’’ 10 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 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, 11 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. 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.’’ 12 Accordingly, as stated above, the petitioner and the Governments of China and India should submit their initial entries of appearance after publication of this notice in order to appear in the first annual inquiry service lists for these orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of China and India will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioner and the Governments of China and India 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. Notification to Interested Parties This notice constitutes the countervailing duty orders with respect to paper bags from China and India pursuant to section 706(d) of the Act. Interested parties can find a list of countervailing duty orders at https:// enforcement.trade.gov/stats/ iastats1.html. These orders are issued and published in accordance with section 706(a) and 19 CFR 351.211(b). Dated: July 11, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Orders The products within the scope of these orders 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 fabric20 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. 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