Certain Paper Plates From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-552-840]</DEPDOC> <SUBJECT>Certain Paper Plates From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain paper plates (paper plates) from the Socialist Republic of Vietnam (Vietnam) during the period of investigation, January 1, 2023, through December 31, 2023. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable January 28, 2025. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Mary Kolberg, 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) 482-1785. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On July 1, 2024, Commerce published the <E T="03">Preliminary Determination</E> in the <E T="04">Federal Register</E> and invited interested parties to comment. <SU>1</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>2</SU> <FTREF/> The deadline for the final determination is now January 21, 2025. <FTNT> <SU>1</SU>   <E T="03">See Certain Paper Plates from the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Alignment of Final Determination with Antidumping Duty Determination,</E> 89 FR 54429 (July 1, 2024) ( <E T="03">Preliminary Determination</E> ) and accompanying Preliminary Decision Memorandum (PDM). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> A summary of the events that occurred since Commerce published the <E T="03">Preliminary Determination,</E> as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. <SU>3</SU> <FTREF/> 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 <E T="03">http://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty Investigation of Certain Paper Plates from the Socialist Republic of Vietnam,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). </FTNT> <HD SOURCE="HD1">Scope of the Investigation</HD> The products covered by this investigation are paper plates from Vietnam. For a complete description of the scope of this investigation, <E T="03">see</E> Appendix I. <HD SOURCE="HD1">Scope Comments</HD> We received no comments from interested parties on the scope of the investigation as it appeared in the <E T="03">Preliminary Determination.</E> Therefore, we made no changes to the scope of the investigation. <HD SOURCE="HD1">Analysis of Subsidy Programs and Comments Received</HD> The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties in the Issues and Decision Memorandum, <E T="03">see</E> Appendix II. <HD SOURCE="HD1">Methodology</HD> Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1920, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, <E T="03">i.e.,</E> a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. <SU>4</SU> <FTREF/> For a full description of the methodology underlying our final determination, <E T="03">see</E> the Issues and Decision Memorandum. <FTNT> <SU>4</SU>   <E T="03">See</E> sections 771(5)(B) and (D) of the Act regarding financial contribution; <E T="03">see also</E> section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. </FTNT> In making this final determination, Commerce relied, in part, on facts otherwise available, including adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of AFA, <E T="03">see</E> the <E T="03">Preliminary Determination,</E> section “Use of Facts Available and Adverse Inferences” in the accompanying Issues and Decision Memorandum. <SU>5</SU> <FTREF/> <FTNT> <SU>5</SU>   <E T="03">Preliminary Determination</E> PDM at 7-17. </FTNT> <HD SOURCE="HD1">Verification</HD> As provided in section 782(i) of the Act, between July 15 through July 19, 2024, Commerce conducted verification of the subsidy information reported by Go-Pak Paper Products Vietnam Limited (Go-Pak). <SU>6</SU> <FTREF/> We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by Go-Pak. <FTNT> <SU>6</SU>   <E T="03">See</E> Memorandum, “Verification of the Questionnaire Responses of Go-Pak Paper Products Vietnam Co., Ltd.,” dated August 1, 2024. </FTNT> <HD SOURCE="HD1">Final Affirmative Determination of Critical Circumstances, in Part</HD> In accordance with sections 703(e)(1) and 776(a) and 776(b) of the Act and 19 CFR 351.206, Commerce continues to find that critical circumstances exist with respect to imports of paper plates from Vietnam for Xie Li Vietnam International Company Limited (Xie Li), the non-responsive companies, <SU>7</SU> <FTREF/> and all other producers and exporters. In addition, we continue to find that critical circumstances do not exist with respect to imports of paper plates from Go-Pak. For a full description of the methodology and results of Commerce's critical circumstances analysis, <E T="03">see</E> the Issues and Decision Memorandum. <FTNT> <SU>7</SU>  In addition to Xie Li, the mandatory respondent that timely notified Commerce of its intent to withdraw from the investigation following its response to the affiliation portion of the initial questionnaire, there are four other non-responsive companies: (1) Innovative Sonic Vietnam International; (2) Ningbo Changya Plastic Vietnam Company; (3) Ningbo Changya Plastic Vietnam; and (4) SCG Vietnam. </FTNT> <HD SOURCE="HD1">Changes Since the Preliminary Determination</HD> Based on our analysis of the information received during verification, for this final determination, we made certain changes to the countervailable subsidy rate calculations for Go-Pak and for all other producers/exporters. For a discussion of these changes, <E T="03">see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">All-Others Rate</HD> Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others rate equal to the weighted average countervailable subsidy rates established for those exporters and/or producers individually investigated, excluding any zero and <E T="03">de minimis</E> countervailable subsidy rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated an individual estimated countervailable subsidy rate for Go-Pak that is not zero, <E T="03">de minimis,</E> or based entirely under section 776 of the Act. Because the individual estimated countervailable subsidy rate for Xie Li and the four non-responsive companies is based entirely upon section 776 of the Act, Commerce is using the individual estimated subsidy rate calculated for Go-Pak as the all-others rate. <HD SOURCE="HD1">Final Determination</HD> Commerce determines that the following estimated countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023: <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s50,12"> <TTITLE> </TTITLE> <CHED H="1">Company</CHED> <CHED H="1"> Subsidy rate (percent <E T="03">ad valorem</E> <ENT I="01">Go-Pak Paper Products Vietnam Co., Ltd</ENT> <ENT>5.53</ENT> </ROW> <ROW> <ENT I="01">Innovative Sonic Vietnam International</ENT> <ENT>* 225.90</ENT> </ROW> <ROW> <ENT I="01">Ningbo Changya Plastic Vietnam Company</ENT> <ENT>* 225.90</ENT> </ROW> <ROW> <ENT I="01">Ningbo Changya Plastic Vietnam</ENT> <ENT>* 225.90</ENT> </ROW> <ROW> <ENT I="01">SCG Vietnam</ENT> <ENT>* 225.90</ENT> </ROW> <ROW> <ENT I="01">Xie Li</ENT> <ENT>* 225.90</ENT> </ROW> <ROW> <ENT I="01">All Others</ENT> <ENT>5.53</ENT> </ROW> <TNOTE>* Rate based on AFA.</TNOTE> </GPOTABLE> <HD SOURCE="HD1">Disclosure</HD> Commerce intends to disclose its calculations and analysis performed in connection with this final determination within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). <HD SOURCE="HD1">Suspension of Liquidation</HD> As a result of our <E T="03">Prelimina ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 20k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━