Certain Paper Shopping Bags From Colombia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order, in Part
On April 13, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Coalition for Fair Trade in Shopping Bags v. United States, Court No. 24-00157, susta...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
On April 13, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in
Coalition for Fair Trade in Shopping Bags
v.
United States,
Court No. 24-00157, sustaining in full the U.S. Department of Commerce (Commerce)'s remand redetermination pertaining to the final determination in the investigation of sales at less than fair value (LTFV) of certain paper shopping bags from Colombia covering the period of investigation (POI) April 1, 2022, through March 31, 2023. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's
Final Determination,
and that Commerce is amending the
Final Determination
and the resulting antidumping duty
Order
with respect to the estimated weighted-average dumping margin determined for Ditar, S.A. (Ditar), the sole respondent individually-reviewed in the underlying investigation and, as a consequence, the estimated weighted-average dumping margin determined for all other producers and exporters based on Ditar's margin.
DATES:
Applicable April 23, 2026.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5848.
SUPPLEMENTARY INFORMATION:
Background
On May 24, 2024, Commerce published its
Final Determination
in the LTFV investigation of certain paper shopping bags from Colombia. On July 18, 2024, Commerce subsequently published the
AD Order[1]
on certain paper shopping bags from Colombia.
The Coalition for Fair Trade in Shopping Bags (Coalition or the petitioner), appealed Commerce's
Final Determination.
On October 1, 2025, the CIT remanded the
Final Determination
to Commerce,[2]
finding that Commerce improperly applied the knowledge test to determine whether a sale made by Ditar should be treated as a home market or U.S. sale.[3]
( printed page 30616)
In its
Final Results Redetermination,[4]
Commerce reconsidered the relevant portion of the record in consideration of the
Remand Opinion
and
Order
and determined that Ditar maintained actual knowledge of its customer's intent to resell the merchandise in the United States at the time of sale.[5]
Accordingly, Commerce reclassified the sale in question as a U.S. sale and recalculated the
Final Determination
margin for Ditar.[6]
As a result of our calculations, Ditar's dumping margin changed from 11.06 to 11.16 percent, and, consequently, the all-others rate changed from 11.06 to 11.16 percent.[7]
As the litigants stated that no party opposes the
Final Results Redetermination,
the CIT issued a judgment sustaining Commerce's
Final Results Redetermination
on April 13, 2026.[8]
Timken Notice
In its decision in
Timken,[9]
as clarified by
Diamond Sawblades,[10]
the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's April 13, 2026, judgment sustaining Commerce's
Final Results Redetermination
constitutes a final decision of the CIT that is not in harmony with Commerce's
Final Determination.
Thus, this notice is published in fulfillment of the publication requirements of
Timken.
Amended Final Determination
Because there is now a final court judgment, Commerce is amending its
Final Determination
with respect to Ditar and all other producers and exporters as follows:
Exporter or producer
Final determination
weighted-average
dumping margin 11
(percent)
Amended final
determination
weighted-average
dumping margin 12
(percent)
Ditar S.A
11.06
11.16
All Others
11.06
11.16
Amended AD Order
Pursuant to 735(c)(2) of the Act, Commerce shall “issue an antidumping duty order under section 736(a)” of the Act when the final determination is affirmative. As a result of this amended final determination, Commerce is hereby amending the
Order
to revise the estimated weighted-average dumping margins assigned to Ditar and all-other producers and/or exporters of subject merchandise, as noted above.
Cash Deposit Requirements
Because there are no superseding cash deposit rates (
i.e.,
there have been no final results published in a subsequent administrative review) this notice will impact the current cash deposit rate for both Ditar and for all other exporters or producers. Therefore, Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection for cash deposit rate for both Ditar and all-others producers and exporters.
Notification to Interested Parties
This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act.
Dated: May 20, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Footnotes
1.
See Certain Paper Shopping Bags from Cambodia, Colombia, India, Malaysia, Portugal, Taiwan, the People's Republic of China, and the Socialist Republic of Vietnam: Antidumping Duty Orders,89 FR 58334 (July 18, 2024) (
AD Order).
2.
See Coalition for Fair Trade in Shopping Bags
v.
United States,
Court No. 24-00157 (CIT October 1, 2025) (
Remand Order), Slip Op. 25-129 (CIT October 1, 2025) (
Remand Opinion), and Court No. 24-00157-MMB (CIT April 13, 2026 (
Judgement).
4.
See Certain Paper Shopping Bags from Colombia: Final Affirmative Determination of Sales at Less Than Fair Value,89 FR 45843 (May 24, 2024) (
Final Determination), and accompanying Issues and Decision Memorandum (IDM).
See also Final Results of Redetermination Pursuant to Court Remand
in
Coalition for Fair Trade in Shopping Bags
v.
United States,
Court No. 24-00157, Slip Op. 25-129 (CIT October 1, 2025), dated March 13, 2026 (
Final Results Redetermination) available at
https://access.trade.gov/FinalRemandRedetermination.
Use this for formal legal and research references to the published document.
91 FR 30615
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Paper Shopping Bags From Colombia: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order, in Part,” thefederalregister.org (May 26, 2026), https://thefederalregister.org/documents/2026-10402/certain-paper-shopping-bags-from-colombia-notice-of-court-decision-not-in-harmony-with-the-final-determination-of-antidu.