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[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Notices]
[Pages 8262-8264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01809]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-849]

Certain Paper Plates From Thailand: 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 
imports of certain paper plates (paper plates) from Thailand are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV) for the period of investigation (POI) January 1, 2023, through 
December 31, 2023.

DATES: Applicable January 28, 2025.

FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-2631.

SUPPLEMENTARY INFORMATION:

Background

    On September 5, 2024, Commerce published in the Federal Register 
its preliminary affirmative determination in the LTFV investigation of 
paper plates from Thailand 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 Thailand: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, and Postponement of Final Determination and Extension of 
Provisional Measures, 89 FR 72370 (September 5, 2024) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Paper Plates from Thailand,'' 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 https://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.

[[Page 8263]]

Scope of the Investigation

    The products covered by this investigation are paper plates from 
Thailand. 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

    Commerce verified the sales and cost information submitted by Thai 
Paper Co., Ltd. (Thai Paper) for use in our final determination, 
consistent with section 782(i) of the Tariff Act of 1930, as amended 
(the Act).\3\ We used standard verification procedures, including an 
examination of relevant sales and accounting records, and original 
source documents provided by Thai Paper.
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    \3\ See Memorandum, ``Verification of the Sales Questionnaire 
Responses of Thai Paper Co., Ltd.,'' dated September 23, 2024; see 
also Memoranda, ``Verification of the Sales Questionnaire Responses 
of Go-Pak UK Ltd,'' dated October 17, 2024; and, ``Verification of 
the Cost Response of Thai Paper Company Limited,'' dated December 2, 
2024.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

Final Affirmative Determination of Critical Circumstances, in Part

    Commerce preliminarily determined, in accordance with section 
733(e)(1) of the Act, and 19 CFR 351.206(c)(1), that critical 
circumstances exist with respect to imports of paper plates from 
Thailand for the seven companies \4\ that were non-responsive to our 
quantity and value (Q&V) questionnaire. For the final determination, 
pursuant to section 735(a)(3)(B) of the Act and 19 CFR 351.206, we 
continue to find that critical circumstances exist for these seven 
companies. Further, we continue to find that critical circumstances do 
not exist with regard to Thai Paper, the companies that responded to 
the Q&V questionnaire (i.e., Nirvana Foods & Commerce International 
Co., Ltd. (Nirvana); Pandora Production Co (Pandora); and SNC Cup Co., 
Ltd. (SNC Cup)), and all others.
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    \4\ The seven non-responsive companies are: (1) ABC Digital 
Technology Co Ltd; (2) Beeconcious Co; (3) Dester Co, Ltd; (4) 
Pimlapas Printing Co., Ltd; (5) Sincerely Cargo; (6) Thai Coconut Co 
Ltd; and (7) Thai Union Manufacturing Co., Ltd.
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Use of Adverse Facts Available (AFA)

    As discussed in the Preliminary Determination, Commerce assigned 
dumping margins on the basis of AFA, pursuant to sections 776(a) and 
(b) of the Act, to the seven companies that were non-responsive to the 
Q&V questionnaire.\5\ For this final determination, we continue to find 
that the application of AFA, pursuant to sections 776(a) and (b) of the 
Act, is warranted with respect to the seven non-responsive companies.
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    \5\ See Preliminary Determination, 89 FR at 38080.
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Changes Since the Preliminary Determination

    We made changes since the Preliminary Determination to use Thai 
Paper's corrected and verified sales databases. For a discussion of 
these changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act, i.e., facts otherwise available.
    For the final determination of this investigation, Thai Paper was 
the only individually examined exporter/producer for which Commerce 
calculated an individual estimated weighted average dumping margin. 
Because Thai Paper's dumping margin is the only individually calculated 
dumping margin that is not zero, de minimis, or based entirely on facts 
otherwise available, the estimated weighted-average dumping margin 
calculated for Thai Paper is the margin assigned to all other producers 
and exporters and the non-selected respondents, Nirvana, Pandora, and 
SNC Cup.\6\
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    \6\ See, e.g., 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).
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Thai Paper Co., Ltd.........................................        5.57
Nirvana Foods & Commerce International Co., Ltd.............        5.57
Pandora Production Co.......................................        5.57
SNC Cup Co., Ltd............................................        5.57
ABC Digital Technology Co Ltd...............................     * 73.17
Beeconcious Co..............................................     * 73.17
Dester Co, Ltd..............................................     * 73.17
Pimlapas Printing Co., Ltd..................................     * 73.17
Sincerely Cargo.............................................     * 73.17
Thai Coconut Co Ltd.........................................     * 73.17
Thai Union Manufacturing Co., Ltd...........................     * 73.17
All Others..................................................        5.57
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with this final 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 the Federal Register, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of subject merchandise, 
as described in Appendix II of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after September 5, 
2024, the date of publication of the Preliminary Determination in the 
Federal Register.
    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 finds that 
critical circumstances exist for imports of subject merchandise 
produced or exported by the seven non-responsive companies. In 
accordance with section 733(e)(2)(A) of the Act, the suspension

[[Page 8264]]

of liquidation shall apply to unliquidated entries of shipments of 
subject merchandise produced or exported by the seven non-responsive 
companies 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. These suspension of 
liquidation instructions will remain in effect until further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, 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 companies listed above that exported the subject merchandise 
will be equal to the company-specific estimated weighted-average 
dumping margin determined in this final determination; (2) if the 
exporter is not a company 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; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the estimated weighted-average 
dumping margin for all other producers and exporters.

U.S. International Trade Commission Notification (ITC)

    In accordance with section 735(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination of sales at LTFV. 
Because Commerce's final determination 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 or sales (or the likelihood of sales) for importation of paper 
plates no later than 45 days after this final determination. If the ITC 
determines that such injury does not exist, this proceeding will be 
terminated, all cash deposits posted will be refunded, 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 instruction by Commerce, antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed in the ``Continuation of 
Suspension of Liquidation'' section above.

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 final determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) 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.
    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. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Recalculate Thai Paper's 
Quantity Discounts
    Comment 2: Whether Commerce Should Find Multiple Levels of Trade 
(LOTs) in Thai Paper's Home Market
    Comment 3: Whether Commerce Should Incorporate Updated Sales 
Databases
    Comment 4: Whether Commerce Should Update the Cost Database
VI. Recommendation

[FR Doc. 2025-01809 Filed 1-27-25; 8:45 am]
BILLING CODE 3510-DS-P
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