[Federal Register Volume 90, Number 38 (Thursday, February 27, 2025)]
[Notices]
[Pages 10809-10810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03183]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-916, C-570-917]
Laminated Woven Sacks From the People's Republic of China:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on laminated woven sacks (woven sacks) from the People's
Republic of China (China) would likely lead to the continuation or
recurrence of dumping and countervailable subsidies, and material
injury to an industry in the United States, Commerce is publishing a
notice of continuation of these AD and CVD orders.
DATES: Applicable February 20, 2025.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta (AD) and Jacqueline
Arrowsmith (CVD), AD/CVD Operations, Offices V and VII, respectively,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2593 or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2008, Commerce published in the Federal Register the
AD and CVD orders on woven sacks from China.\1\ On July 1, 2024,
Commerce initiated the third sunset reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ As a
result of its reviews, Commerce determined that revocation of the
Orders would likely lead to the continuation or recurrence of dumping
and countervailable subsidies and, therefore, notified the ITC of the
magnitude of the margins of dumping and subsidy rates likely to prevail
should the Orders be revoked.\3\
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\1\ See Notice of Antidumping Duty Order: Laminated Woven Sacks
from the People's Republic of China, 73 FR 45941 (August 7, 2008);
see also Laminated Woven Sacks from the People's Republic of China:
Countervailing Duty Order, 73 FR 45955 (August 7, 2008)
(collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 54435
(July 1, 2024).
\3\ See Laminated Woven Sacks from the People's Republic of
China: Final Results of the Expedited Third Sunset Review of the
Antidumping Duty Order, 89 FR 88726 (November 8, 2024), and
accompanying Issues and Decision Memorandum (IDM); see also
Laminated Woven Sacks from the People's Republic of China: Final
Results of the Third Expedited Sunset Review of the Countervailing
Duty Order, 89 FR 88965 (November 12, 2024), and accompanying IDM.
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On February 20, 2025, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\4\
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\4\ See Laminated Woven Sacks from China, 90 FR 9975 (February
20, 2025) (ITC Determination).
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Scope of the Orders
The merchandise covered by the Orders is laminated woven sacks.
Laminated woven sacks are bags or sacks consisting of one or more plies
of fabric consisting of woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of the strip; with or
without an extrusion coating of polypropylene and/or polyethylene on
one or both sides of the fabric; laminated by any method either to an
exterior ply of plastic film such as biaxially-oriented polypropylene
(BOPP) or to an exterior ply of paper that is suitable for high quality
print graphics; \5\ printed with three colors or more in register; with
or without lining; whether or not closed on one end; whether or not in
roll form (including sheets, lay-flat tubing, and sleeves); with or
without handles; with or without special closing features; not
exceeding one kilogram in weight. Laminated woven sacks are typically
used for retail packaging of consumer goods such as pet foods and bird
seed.
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\5\ ``Paper suitable for high quality print graphics,'' as used
herein, means paper having an ISO brightness of 82 or higher and a
Sheffield Smoothness of 250 or less. Coated free sheet is an example
of a paper suitable for high quality print graphics.
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Effective July 1, 2007, laminated woven sacks are classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks were
previously classifiable under HTSUS subheading 6305.33.0020. Laminated
woven sacks are also classifiable under HTSUS 6305.33.0040. If entered
with plastic coating on both sides of the fabric consisting of woven
polypropylene strip and/or woven polyethylene strip, laminated woven
sacks may be classifiable under HTSUS subheadings 3923.21.0080,
3923.21.0095, and 3923.29.0000. If entered not closed on one end or in
roll form (including sheets, lay-flat tubing, and sleeves),
[[Page 10810]]
laminated woven sacks may be classifiable under other HTSUS subheadings
including 3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500.
If the polypropylene strips and/or polyethylene strips making up
the fabric measure more than 5 millimeters in width, laminated woven
sacks may be classifiable under other HTSUS subheadings including
4601.99.0500, 4601.99.9000, and 4602.90.000. Although HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the Orders will be
February 20, 2025.\6\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to fifth anniversary
of the date of the last determination by the ITC.
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\6\ See ITC Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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 violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: February 20, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-03183 Filed 2-26-25; 8:45 am]
BILLING CODE 3510-DS-P