[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13135-13138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04765]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-165, C-552-840]
Certain Paper Plates From the People's Republic of China and the
Socialist Republic of Vietnam: 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 (CVD) orders
on certain paper plates (paper plates) from the People's Republic of
China (China) and the Socialist Republic of Vietnam (Vietnam).
DATES: Applicable March 20, 2025.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg (Vietnam) and Sun Cho
(China), AD/CVD Operations, Offices I and V, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-1785 and (202) 482-6458, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 28, 2025, Commerce published in the Federal Register its
affirmative final determinations in the CVD investigations of paper
plates from China and Vietnam.\1\ On March 13, 2025, the ITC notified
Commerce of its final determinations, pursuant to section 705(d) of the
Tariff Act of 1930, as amended (the Act), that an industry in the
United States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of imports of paper plates from
China and Vietnam.\2\
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\1\ See Certain Paper Plates from the People's Republic of
China: Final Affirmative Countervailing Duty Determination and Final
Affirmative Determination of Critical Circumstances, in Part, 90 FR
8281 (January 28, 2025); and Certain Paper Plates from the Socialist
Republic of Vietnam: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances, in Part, 90 FR 8258 (January 28, 2025) (collectively,
Final Determinations).
\2\ See ITC's Letter, ``Investigation Nos. 701-TA-704-705 and
731-TA-1664-1666 (Final),'' dated March 13, 2025.
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Countervailing Duty Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured by
reason of subsidized imports of paper plates from China and Vietnam, in
accordance with section 705(c)(2) of the Act, Commerce is issuing these
CVD orders. Because the ITC determined that imports of paper plates
from China 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
countervailing duties.
In addition, the ITC found that critical circumstances exist with
respect to imports from China subject to
[[Page 13136]]
Commerce's affirmative critical circumstances finding within the
meaning of section 705(b)(4)(A) of the Act. As a result of Commerce's
affirmative critical circumstances determination under section
705(a)(2) of the Act, and the ITC's affirmative critical circumstances
determination under section 705(b)(4)(A) of the Act, retroactive duties
will be applied to the relevant imports for a period of 90 days prior
to the suspension of liquidation (i.e., 90 days prior to the date of
publication of the affirmative China Preliminary Determination).\3\ The
ITC found that critical circumstances did not exist with respect to
Vietnam.
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\3\ See section 705(c)(4) of the Act; see also SAA at 876 (``If
both agencies make affirmative critical circumstances determinations
in their final investigations, retroactive duties will be applied
for a period ninety days prior to suspension of liquidation.'').
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct CBP to assess, upon further instruction by Commerce,
countervailing duties on all relevant entries of paper plates from
China and Vietnam. Countervailing duties will be assessed on
unliquidated entries of paper plates from China entered, or withdrawn
from warehouse, for consumption, on or after April 2, 2024, which is 90
days prior to the date of publication of the China Preliminary
Determination.\4\ Countervailing duties will be assessed on
unliquidated entries of paper plates from Vietnam entered, or withdrawn
from warehouse, for consumption, on or after July 1, 2024, which is the
date of publication of the Vietnam Preliminary Determination.\5\
Countervailing duties will not be assessed on entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final affirmative injury determination, as
further described in the ``Provisional Measures'' section of this
notice. With respect to the ITC's negative critical circumstances
determination on imports of paper plates from Vietnam, Commerce will
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 from Vietnam entered, or withdrawn
from warehouse, for consumption on or after April 2, 2024 (i.e., 90
days prior to the date of the publication of the Vietnam Preliminary
Determination), but before July 1, 2024 (i.e., the date of publication
of Vietnam Preliminary Determination).\6\
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\4\ See Certain Paper Plates from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and Alignment of Final Determination With Final Antidumping
Duty Determination, 89 FR 54432 (July 1, 2024) (China Preliminary
Determination); and Certain Paper Plates From the Socialist Republic
of Vietnam: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative Determination of Critical
Circumstances, in Part, and Alignment of Final Determination With
Antidumping Duty Determination, 89 FR 54429 (July 1, 2024) (Vietnam
Preliminary Determination) (collectively, Preliminary
Determinations).
\5\ Id.
\6\ Id.
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Continuation of Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of paper
plates from China and Vietnam, 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 on each entry of
subject merchandise in an amount based on the net countervailable
subsidy rates below. These instructions suspending liquidation will
remain in effect until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below.\7\ The all-others rates apply to all producers or exporters not
specifically listed below, as appropriate.
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\7\ See section 706(a)(3) of the Act.
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Scope of the Orders
The products covered by these orders are paper plates from China
and Vietnam. For a complete description of the scope of these orders,
see the appendix to this notice.
Estimated Countervailing Duty Subsidy Rates
The estimated CVD subsidy rates are as follows:
China:
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Subsidy rate (percent
Company ad valorem)
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Fuzhou Hengli Paper Co., Ltd................... 11.38
Jinhua P&P Product Co., Ltd.................... 4.47
Ningbo Artcool Co., Ltd........................ * 295.08
Ningbo Fenghua Yongfa Printing Stationery Co., * 295.08
Ltd...........................................
Zhejiang Kingsun Eco-Pack Co., Ltd............. * 295.08
Zhejiang Lingrong Crafts Co., Ltd.............. * 295.08
All Others..................................... 10.61
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* Rate based on facts available with adverse inferences.
Vietnam:
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Subsidy rate (percent
Company ad valorem)
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Go-Pak Paper Products Vietnam Co., Ltd......... 5.53
Innovative Sonic Vietnam International......... * 225.90
Ningbo Changya Plastic Vietnam Company......... * 225.90
Ningbo Changya Plastic Vietnam................. * 225.90
SCG Vietnam.................................... * 225.90
Xie Li......................................... * 225.90
[[Page 13137]]
All Others..................................... 5.53
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* Rate based on facts available with adverse inferences.
Provisional Measures
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. In the underlying investigations,
Commerce published the Preliminary Determinations on July 1, 2024.\8\
Therefore, entries of paper plates from China and Vietnam made on or
after October 29, 2024, and prior to the date of publication of the
ITC's final determinations in the Federal Register, are not subject to
the assessment of countervailing duties due to Commerce's
discontinuation of the suspension of liquidation.
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\8\ See Preliminary Determinations.
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In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of paper
plates from China and Vietnam entered, or withdrawn from warehouse, for
consumption on or after October 29, 2024, the date on which the
provisional CVD measures expired, through the day preceding the date of
publication of the ITC final injury determinations in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC final injury determinations 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.\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\
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\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.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
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.'' \12\
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\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.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry 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 entry of appearance each year to continue to be included
on the annual inquiry service list. However, the petitioners and
foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the CVD orders with respect to paper plates
from China and Vietnam pursuant to section 736(a) of the Act.
Interested parties can find a list of CVD orders currently in effect at
https://www.trade.gov/data-visualization/adcvd-proceedings.
These CVD orders are published in accordance with section 706(a) of
the Act and 19 CFR 351.211(b).
Dated: March 14, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise subject to these orders is certain paper plates.
Paper plates subject to these orders may be cut from rolls, sheets,
or
[[Page 13138]]
other pieces of paper and/or paper board. Paper plates subject to
these orders have a depth up to and including two (2.0) inches, as
measured vertically from the base to the top of the lip, or the edge
if the plate has no lip. Paper plates subject to these orders may be
uncolored, white, colored, or printed. Printed paper plates subject
to these orders may have any type of surface finish, and may be
printed by any means with images, text and/or colors on one or both
surfaces. Colored paper plates subject to these orders may be
colored by any method, including but not limited to printing,
beater-dyeing, and dip-dyeing. Paper plates covered by these orders
may be produced from paper of any type (including, but not limited
to, bamboo, straws, bagasse, hemp, kenaf, jute, sisal, abaca, cotton
inters and reeds, or from non-plant sources, such as synthetic resin
(petroleum)-based resins), may have any caliper or basis weight, may
have any shape or size, may have one or more than one section, may
be embossed, may have foil or other substances adhered to their
surface, and/or may be uncoated or coated with any type of coating.
The paper plates covered by these orders remain covered by the
scope of these orders whether imported alone, or in any combination
of subject and non-subject merchandise. When paper plates covered by
these orders are imported in combination with non-subject
merchandise, only the paper plates covered by these orders are
subject merchandise.
The paper plates covered by these orders include paper plates
matching the above description that have been finished, packaged, or
otherwise processed in a third country by performing finishing,
packaging, or processing that would not otherwise remove the
merchandise from the scope of the orders if performed in the country
of manufacture of the paper plates. Examples of finishing,
packaging, or other processing in a third country that would not
otherwise remove the merchandise from the scope of the orders if
performed in the country of manufacture of the paper plates include,
but are not limited to, printing, application of other surface
treatments such as coatings, repackaging, embossing, and application
of foil surface treatments.
Excluded from the scope of these orders are paper plates molded
or pressed directly from paper pulp (including but not limited to
unfelted pulp), which are currently classifiable under subheading
4823.70.0020 of the Harmonized Tariff Schedule of the United States
(HTSUS).
Also excluded from the scope of these orders are articles that
otherwise would be covered but which exhibit the following two
physical characteristics: (a) depth (measured vertically from the
base to the top of the lip, or edge if no lip) equal to or greater
than 1.25 inches but less than two (2.0) inches, and (b) a base not
exceeding five (5.0) inches in diameter if round, or not exceeding
20 square inches in area if any other shape.
Also excluded from the scope of these orders are paper bowls,
paper buckets, and paper food containers with closeable lids.
Paper plates covered by these orders are currently classifiable
under HTSUS subheading 4823.69.0040. Paper plates covered by these
orders also may be classified under HTSUS subheading 4823.61.0040.
If packaged with other articles, the paper plates covered by these
orders also may be classified under HTSUS subheadings 9505.90.4000
and 9505.90.6000. While the HTSUS subheading(s) are provided for
convenience and customs purposes, the written description of the
subject merchandise is dispositive.
[FR Doc. 2025-04765 Filed 3-19-25; 8:45 am]
BILLING CODE 3510-DS-P