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[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Notices]
[Pages 8271-8274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01807]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-164]

Certain Paper Plates From the People's Republic of China: 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 plates (paper plates) 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) during the period of investigation (POI) 
July 1, 2023, through December 31, 2023.

DATES: Applicable January 28, 2025.

FOR FURTHER INFORMATION CONTACT: Toni Page or Lingjun Wang, 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) 482-1398 or (202) 482-2316, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 5, 2024, Commerce published the Preliminary 
Determination in the Federal Register and invited interested parties to 
comment.\1\ For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\
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    \1\ See Certain Paper Plates from the People's Republic of 
China: 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 72367 (September 5, 2024) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Paper Plates from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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    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 plates from 
China. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    We received no comments from interested parties on the scope of the 
investigation as it appeared in the Preliminary Determination. 
Therefore, we made no changes to the scope of the investigation.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), between November 12 and 24, 2024, Commerce conducted 
verification of the sales and factors of production information 
submitted by Fuzhou Hengli Paper Co., Ltd. (Fuzhou Hengli) and Jinhua 
P&P Product Co., Ltd (Jinhua).\3\ We used standard verification 
procedures, including an examination of relevant accounting records and 
original source documents provided by Fuzhou Hengli and Jinhua.
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    \3\ See Memoranda, ``Verification of the Questionnaire Responses 
of Jinhua P&P Product Co., Ltd. (JPP) in the Less-Than-Fair-Value 
Investigation of Certain Paper Plates from the People's Republic of 
China (China),'' dated December 16, 2024; and ``Verification of the 
Questionnaire Responses of Hengli Paper Co., Ltd. (Hengli) and its 
producer Guangdong Ecosource Environmental Technology Co., Ltd. 
(Ecosource),'' dated December 17, 2024.
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Analysis of Comments Received

    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.

Final Affirmative Determination of Critical Circumstances, in Part

    In accordance with section 735(a)(3)(B) of the Act, and 19 CFR 
351.206(h), Commerce finds for the final determination that critical 
circumstances exist with respect to imports of paper plates for the 
non-selected companies eligible for a separate rate \4\ and continues 
to find that critical circumstances exist with respect to the China-
wide entity.\5\ We find for the final determination that critical 
circumstances exist with respect to

[[Page 8272]]

Fuzhou Hengli and its unaffiliated producers, but that critical 
circumstances do not exist for Jinhua.\6\ For a full description of the 
methodology and the results of Commerce's critical circumstances 
analysis, see the Issues and Decision Memorandum.
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    \4\ See Issues and Decision Memorandum at 5.
    \5\ See Preliminary Determination, 89 FR at 72367.
    \6\ See Issues and Decision Memorandum at 5.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the information received during 
verification and comments received from interested parties for this 
final determination, we made certain changes to the estimated weighted-
average dumping margins for Fuzhou Hengli and Jinhua. For a discussion 
of these changes, see the Issues and Decision Memorandum.

Use of Adverse Facts Available (AFA)

    Consistent with the Preliminary Determination,\7\ Commerce 
continues to find, pursuant to sections 776(a) and (b) of the Act, that 
the use of facts otherwise available, with adverse inferences, is 
warranted in determining the dumping rate for the China-wide entity. In 
addition, for this final determination, we are also assigning a rate 
based on AFA to Fuzhou Hengli. We are assigning a rate of 515.40 
percent, which is the highest calculated individual dumping margin of 
any respondent in the investigation, to the China-wide entity and 
Fuzhou Hengli.\8\
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    \7\ See Preliminary Determination PDM at 15-18.
    \8\ Id. at 18.
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Separate Rates

    No interested party commented on Commerce's preliminary separate 
rate determinations \9\ and we have no basis to reconsider those 
determinations. Accordingly, we continue to find that Fuzhou Hengli, 
Jinhua, and certain non-individually examined companies that are listed 
in the rate table below, are eligible for a separate rate.
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    \9\ Id. at 9-12.
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Combination Rates

    Consistent with the Preliminary Determination, and Policy Bulletin 
05.1,\10\ Commerce calculated combination rates for the respondents 
that are eligible for a separate rate.
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    \10\ 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.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period July 1, 2023, through December 31, 
2023:

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                                                                                              Cash deposit rate
                                                                         Estimated weighted-    (adjusted for
                 Producer                            Exporter              average dumping     subsidy offsets)
                                                                          margin (percent)        (percent)
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Guangdong Ecosource Environmental          Fuzhou Hengli Paper Co., Ltd            * 515.40               504.86
 Technology Co., Ltd.
Ningbo Hongtai Package New Material        Fuzhou Hengli Paper Co., Ltd            * 515.40               504.86
 Technology Co., Ltd.
Jinhua P&P Products Co., Ltd.............  Jinhua P&P Products Co., Ltd              267.63               267.63
Festa Party Products Mfy. (Zhongshan)      Festa (Guangzhou) Co., Ltd..              267.63               267.63
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Festa (Guangzhou) Co., Ltd..              267.63               267.63
 Co., Ltd.
Festa Party Products Mfy. (Zhongshan)      Festa Limited...............              267.63               267.63
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Festa Limited...............              267.63               267.63
 Co., Ltd.
Jieyang Weikangda Paper Co., Ltd.........  Fujian Putian Zhonghao Trade              267.63               267.63
                                            Co., Ltd.
Dongyang Founder Paper Product Co., Ltd..  Fujian Putian Zhonghao Trade              267.63               267.63
                                            Co., Ltd.
Fuzhou Nicrolandee Arts & Craft Co., Ltd.  Fuzhou Nicrolandee Arts &                 267.63               267.63
                                            Craft Co., Ltd.
Zhejiang Lanweier Paper Products Co., Ltd  Hangzhou Enli Paper Products              267.63               267.63
                                            Co. Ltd.
Landward Color Printing Co., Ltd.........  Landward Color Printing Co.,              267.63               267.63
                                            Ltd.
Ningbo Hongtai Package New Material        Ningbo Feisuo Import &                    267.63               267.63
 Technology Co., Ltd.                       Export Co., Ltd.
Ningbo Homelink Eco-Itech Co., Ltd.......  Ningbo Homelink Eco-Itech                 267.63               267.63
                                            Co., Ltd.
Ningbo Hongtai Package New Material        Ningbo Hongtai Package New                267.63               267.63
 Technology Co., Ltd.                       Material Technology Co.,
                                            Ltd.
Ningbo Kosda New Material Technology Co.,  Ningbo Kosda New Material                 267.63               267.63
 Ltd.                                       Technology Co., Ltd.
Ningbo Goldland Industry and Technology    Ningbo Qtop Import & Export               267.63               267.63
 Co., Ltd.                                  Co., Ltd.
Zhejiang Lingrong Crafts Co., Ltd........  Ningbo Qtop Import & Export               267.63               267.63
                                            Co., Ltd.
Qingdao Robana Paper Product Co., Ltd....  Qingdao Gold Top Trade Co.                267.63               267.63
                                            Ltd.
Qingdao Wonderful Industry and Trade Co.   Qingdao Wonderful Industry                267.63               267.63
 Ltd.                                       and Trade Co. Ltd.
Shandong Boao Package Co., Ltd...........  Shandong Boao Package Co.,                267.63               267.63
                                            Ltd.
Festa Party Products Mfy. (Zhongshan)      Xanadu Industrial Limited...              267.63               267.63
 Co., Ltd.
Top Printing Paper Products (Zhongshan)    Xanadu Industrial Limited...              267.63               267.63
 Co., Ltd.
Hangzhou Enli Paper Products Co., Ltd....  Yeko Trading Limited........              267.63               267.63
China-Wide Entity........................  ............................            * 515.40               515.40
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* Rate based on facts available with adverse inferences.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with 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).

[[Page 8273]]

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 start or continue 
to suspend liquidation of all appropriate entries of subject 
merchandise, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption as described 
below.
    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 continues to 
find that critical circumstances exist for imports of subject 
merchandise produced or exported by the non-selected separate rate 
companies and the China-wide entity. 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 non-
selected separate rate companies and the China-wide entity that were 
entered, or withdrawn from warehouse, for consumption on or after June 
7, 2024, which is 90 days before the publication of the Preliminary 
Determination. Provisional measures were not imposed for Fuzhou Hengli 
following the preliminary determination because of Commerce's 
preliminary negative determination with respect to it. However, 
Commerce's final affirmative critical circumstances determination now 
applies to Fuzhou Hengli as a result of the final affirmative 
determination of critical circumstances with respect to it. 
Accordingly, pursuant to section 735(c)(4)(C) of the Act, Commerce will 
instruct CBP to suspend liquidation of all appropriate entries from 
Fuzhou Hengli, which were entered, or withdrawn from warehouse, for 
consumption on or after 90-days prior to the date of publication of 
this final determination in the Federal Register. For Jinhua, because 
Commerce has made a negative final determination with regard to 
critical circumstances, Commerce will instruct CBP to continue to 
suspend liquidation of all appropriate entries which were entered, or 
withdrawn from warehouse, for consumption on or after September 5, 
2024, the date of publication in the Federal Register of the 
Preliminary Determination and, in accordance with section 735(c)(3) of 
the Act, Commerce will instruct CBP to terminate any retroactive 
suspension of liquidation required under section 733(e)(2) of the Act, 
and release any bond or other security, and refund any cash deposit 
required, under section 733(d)(1)(B) of the Act, with respect to 
entries of the merchandise the liquidation of which was suspended 
retroactively under section 733(e)(2) of the Act before September 5, 
2024.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, Commerce will instruct 
CBP to require a cash deposit for estimated antidumping duties for 
appropriate entries.
    Commerce will instruct CBP to require the following cash deposits 
of estimated antidumping duties for all appropriate entries: (1) for 
the producer/exporter combinations listed in the table above, the 
applicable cash deposit rate is listed in the table for that 
combination; (2) for all combinations of Chinese producers/exporters of 
the merchandise under consideration that have not established 
eligibility for a separate rate, the cash deposit rate will be equal to 
the cash deposit rate listed for the China-wide entity in the table 
above; and (3) for all third-country exporters of the merchandise under 
consideration that are not listed in the table above, the cash deposit 
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination or the 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 (ITC)

    In accordance with section 735(d) of the Act, we will notify the 
ITC of this 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 paper plates 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 instructions 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 (APO)

    This notice serves as the only reminder to parties subject to an 
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 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)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise subject to this investigation is certain paper 
plates. Paper plates subject to this investigation may be cut from 
rolls, sheets, or other pieces of paper and/or paper board. Paper 
plates subject to this investigation 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 this investigation may be uncolored, white, 
colored, or printed. Printed paper plates subject to this 
investigation 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 this investigation may be 
colored by any method, including but not limited to printing, 
beater-dyeing, and dip-dyeing. Paper plates subject to this 
investigation 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 subject to this investigation remain covered by 
the scope of this investigation whether imported alone, or in any 
combination of subject and non-subject merchandise. When paper 
plates subject to this investigation are imported in combination 
with non-subject merchandise, only the paper plates subject to this 
investigation are subject merchandise.

[[Page 8274]]

    The paper plates subject to this investigation 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 investigation 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 
investigation 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 this investigation 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 this investigation 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 this investigation are paper 
bowls, paper buckets, and paper food containers with closeable lids.
    Paper plates subject to this investigation are currently 
classifiable under HTSUS subheading 4823.69.0040. Paper plates 
subject to this investigation also may be classified under HTSUS 
subheading 4823.61.0040. If packaged with other articles, the paper 
plates subject to this investigation 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.

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. Adjustments to Cash Deposit Rate for Export Subsidies
V. Separate Rates
VI. Changes Since the Preliminary Determination
VII. Application of Facts Available and Use of Adverse Inference
VIII. Discussion of the Issues
    Comment 1: Whether to Apply Total Adverse Facts Available (AFA) 
to Fuzhou Hengli
    Comment 2: Whether to Revise the Surrogate Value (SV) Used for 
Paperboard
    Comment 3: Whether to Change the Surrogate Country to Bulgaria
    Comment 4: Whether Commerce Should Revise the Surrogate 
Financial Ratios
    Comment 5: Whether to Revise the Inflators Calculations
    Comment 6: Whether to Correct Jinhua's Reporting Errors for 
Packing Tape
    Comment 7: Whether to Grant a By-product Offset to Jinhua
IX. Recommendation

[FR Doc. 2025-01807 Filed 1-27-25; 8:45 am]
BILLING CODE 3510-DS-P
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