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

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, 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, 88 FR 

68097 (October 03, 2023). 

3See 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). 

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). 

7Commerce 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 weightedaverage 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 weightedaverage dumping margins exist: 7


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 337 

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 weightedaverage 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 weightedaverage 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 


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

8See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

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 19 351.309(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. 

13See 19 CFR 351.210(e)(2). 

14See 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. 

15See KPPL’s Letter, ‘‘Request to Extend Final 

Determination,’’ dated November 28, 2023. 

16Paper 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, 


ddrumheller on DSK120RN23PROD with NOTICES1
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