[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Notices]
[Pages 3424-3426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00894]


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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.

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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

[[Page 3425]]

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:
    <bullet> 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;
    <bullet> 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
    <bullet> 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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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.

[[Page 3426]]

    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 Sec.  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 Sec.  
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 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  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