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Published Document: 2024-29055 (89 FR 99831)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on Laminated Woven Sacks (LWS) from the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the “Final Results of Sunset Review” section of this notice.
DATES:
Applicable December 10, 2024.
FOR FURTHER INFORMATION CONTACT:
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) 482-2081.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2019, Commerce published in the
Federal Register
the CVD order on LWS from Vietnam.[1]
On May 1, 2024, Commerce initiated the first sunset review of the
Order,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).[2]
On May 10, 2024, Commerce received a timely notice of intent to participate from Polytex Fiber LLC and ProAmpac Holdings Inc. (collectively, the domestic interested parties) within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).[3]
The domestic interested parties claimed interested party status under sections 771(9)(E) and (F) of the Act .
On May 30, 2024, Commerce received an adequate substantive response to the
Initiation Notice
from the domestic interested parties within the 30-day deadline specified in 19 CFR
( printed page 99832)
351.218(d)(3)(i).[4]
We received no substantive responses from any other interested parties, including the Government of Vietnam, and no interested party requested a hearing. On June 21, 2024, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties, and that Commerce would conduct an expedited (120-day) sunset review of the
Order,[5]
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)-(C).
Scope of the Order
The product covered by the
Order
is LWS. For a complete description of the scope of the
Order, see
the Issues and Decision Memorandum.[6]
Analysis of Comments Received
All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum. A list of the issues discussed in the Issues and Decision Memorandum is attached as the appendix to this notice. 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/FRNotices/ListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the
Order
would likely lead to continuation or recurrence of countervailable subsidies at the following net countervailable subsidy rates:
Company
Subsidy
Rate
(percent
ad valorem)
Duong Vinh Hoa Packaging Company Limited
3.02
Xinsheng Plastic Industry Co., Ltd
198.87
All Others
3.02
Administrative Protective Order
This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the 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 violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.
Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix—List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the
Order
IV. History of the
Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
Footnotes
1.
See Laminated Woven Sacks from the Socialist Republic of Vietnam: Antidumping Duty and Countervailing Duty Orders,84 FR 25753 (June 4, 2019) (
Order).
6.
See
Memorandum, “Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Laminated Woven Sacks from Vietnam,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).