Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 339 

1See 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). 

2See 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). 

3See 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). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice, 88 FR at 41590. 

6See 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 weightedaverage 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 


ddrumheller on DSK120RN23PROD with NOTICES1
340 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 

7See, 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). 

8See 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. 

9See 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). 

10See 19 CFR 351.309(c)(2) and (d)(2). 

11We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

12See 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 allothers 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 allothers 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 341 

1See 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). 

2See 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). 

3See 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. 


ddrumheller on DSK120RN23PROD with NOTICES1