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

SUPPLEMENTARY INFORMATION:

Background

This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation in the Federal Register on February 26, 2024. On June 12, 2024, Commerce postponed the preliminary determination of this investigation until August 22, 2024. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for the preliminary determination is now August 29, 2024.

For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 Preliminary 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 certain paper plates from Thailand. For a complete description of the scope of this investigation, see Appendix I.

Scope Comments

In accordance with the preamble to Commerce's regulations, the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage ( i.e., scope). No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice.

Methodology

Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. In addition, pursuant to section 776(a) and (b) of the Act, Commerce preliminarily relied upon facts otherwise available, with adverse inferences for certain companies. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances, in Part

In accordance with section 733(e)(1) of the Act and 19 CFR 351.206(c), Commerce preliminarily determines that critical circumstances exist for the seven companies that were non-responsive to the quantity and value (Q&V) questionnaire ( i.e., ABC Digital Technology Co Ltd, Beeconcious Co, Dester Co, Ltd, Pimlapas Printing Co., Ltd, Sincerely Cargo, Thai Coconut Co Ltd, and Thai Union Manufacturing Co., Ltd.) to which we are applying adverse inferences. However, we determine that critical circumstances do not exist with respect to Thai Paper, the three companies responsive 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 other producers/exporters. For a full description of the methodology and results of Commerce's analysis, see the Preliminary Decision Memorandum.

All-Others Rate

Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that, in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.

In this investigation, Commerce calculated an estimated weighted-average dumping margin for the sole mandatory respondent, Thai Paper, that is not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated no other weighted-average dumping margins. Therefore, Commerce is using the individual estimated subsidy rate calculated for Thai Paper as the all-others rate.

We received timely Q&V responses from the following companies in addition to the mandatory respondent: Nirvana; Pandora; and SNC Cup. Nirvana, Pandora, and SNC Cup: (1) were not selected as mandatory respondents; (2) responded to our Q&V questionnaire in a timely manner; and (3) were not otherwise collapsed with a mandatory respondent. Accordingly, these companies are subject to the all-others rate.

Preliminary Determination

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