Polyethylene Retail Carrier Bags from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 26336-26337 [E7-8904]

Download as PDF 26336 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices Respondents Obligation: Required to obtain or retain benefits. OMB Desk Officer: David Rostker, (202)395–3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230. Written comments and recommendations for the proposed information collection should be sent by June 15, 2007 to David Rostker, OMB Desk Officer, David_Rostker@omb.eop.gov, or Fax number, (202) 395–7285. Dated: May 3, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–8836 Filed 5–8–07; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration A–570–886 Polyethylene Retail Carrier Bags from the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 19, 2007, the Department of Commerce (the ‘‘Department’’) published Polyethylene Retail Carrier Bags from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 72 FR 12762 (March 19, 2007) (‘‘Final Results’’), covering the period of review (‘‘POR’’) January 26, 2004, through July 31, 2005. We are amending the Final Results to correct ministerial errors made in the calculation of the dumping margins for Crown Polyethylene Products (International) Ltd. (‘‘Crown’’) and High Den Enterprises Ltd. (‘‘High Den’’), pursuant to section 751(h) of the Tariff Act of 1930, as amended (‘‘the Act’’). EFFECTIVE DATE: May 9, 2007. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Charles Riggle, AD/ CVD Operations, Office 8, Import Administration, International Trade sroberts on PROD1PC70 with NOTICES AGENCY: VerDate Aug<31>2005 18:12 May 08, 2007 Jkt 211001 Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: Scope of Order The merchandise subject to this antidumping duty order is polyethylene retail carrier bags (‘‘PRCBs’’) which may be referred to as t–shirt sacks, merchandise bags, grocery bags, or checkout bags. The subject merchandise is defined as non–sealable sacks and bags with handles (including drawstrings), without zippers or integral extruded closures, with or without gussets, with or without printing, of polyethylene film having a thickness no greater than 0.035 inch (0.889 mm) and no less than 0.00035 inch (0.00889 mm), and with no length or width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 cm). The depth of the bag may be shorter than 6 inches but not longer than 40 inches (101.6 cm). PRCBs are typically provided without any consumer packaging and free of charge by retail establishments, e.g., grocery, drug, convenience, department, specialty retail, discount stores, and restaurants, to their customers to package and carry their purchased products. The scope of the order excludes (1) polyethylene bags that are not printed with logos or store names and that are closeable with drawstrings made of polyethylene film and (2) polyethylene bags that are packed in consumer packaging with printing that refers to specific end–uses other than packaging and carrying merchandise from retail establishments, e.g., garbage bags, lawn bags, trash–can liners. Imports of the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’).1 This subheading may also cover products that are outside the scope of this order. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, our written 1 Until July 1, 2005, these products were classifiable under HTSUS 3923.21.0090 (Sacks and bags of polymers of ethylene, other). See Harmonized Tariff Schedule of the United States (2005)- Supplement 1 Annotated for Statistical Reporting Purposes Change Record - 17th Edition - Supplement 1, available at http:// hotdocs.usitc.gov/docs/tata/hts/bychapter/0510/ 0510chgs.pdf. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 description of the scope of this order is dispositive. Background On March 19, 2007, the Department published the Final Results in the Federal Register. On March 20, 2007, we received ministerial error allegations from Crown and High Den, respectively. On March 26, 2007, we received rebuttal comments from the Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC and Superbag Corporation, domestic interested parties and petitioners in the underlying investigation. A ministerial error as defined in section 751(h) of the Act (see also 19 CFR 351.224(f)), includes ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the {Secretary} considers ministerial.’’ After analyzing the comments by interested parties, we have determined, in accordance with section 751(h) of the Act that ministerial errors existed in the calculations for the Final Results with respect to Crown and High Den. For a detailed explanation of these issues, see the memorandum to the file from Laurel LaCivita, Senior Case Analyst, through Charles Riggle, Program Manager, ‘‘Analysis for the Amended Final Results of the 2004–2005 Administrative Review of Polyethylene Retail Carrier Bags from the People’s Republic of China: Crown Polyethylene Products (International) Ltd.,’’ dated April 18, 2007, and memorandum to the file from Laurel LaCivita, Senior Case Analyst, through Charles Riggle, Program Manager, ‘‘Analysis for the Amended Final Results of the 2004– 2005 Administrative Review of Polyethylene Retail Carrier Bags from the People’s Republic of China: High Den Enterprises Ltd. (‘‘High Den’’)’’ dated April 18, 2007. Both memoranda are on file in the Central Records Unit, room B–099 in the main building of the Department of Commerce. Therefore, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of the administrative review of PRCBs from the PRC for Crown and High Den. Amended Final Results The revised weighted–average dumping margins for Crown and High Den are detailed in the chart below. E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices Manufacturer/Exporter Final Results of Review (Percent) Crown ........................................................................... High Den ...................................................................... The Department shall determine, and U.S. Customs and Border Protection shall assess, antidumping duties on all appropriate entries based on the amended final results. For details on the assessment of antidumping duties on all appropriate entries, see Final Results, 72 FR 12762, 12764. These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act. Dated: April 30, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–8904 Filed 5–8–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–401–806) Amended Final Results of the Antidumping Duty Administrative Review: Stainless Steel Wire Rod from Sweden Import Administration, International Trade Administration, Department of Commerce. AGENCY: May 9, 2007. FOR FURTHER INFORMATION CONTACT: Brian Smith, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482–1766. SUPPLEMENTARY INFORMATION: Amendment to Final Results In accordance with section 751(a) of the Tariff Act of 1930, as amended (the ‘‘Act’’), on April 10, 2007, the Department published the final results of the 2004–2005 administrative review of the antidumping duty order on stainless steel wire rod (‘‘SSWR’’) from Sweden, in which we determined that the respondent, Fagersta Stainless AB (‘‘FSAB’’)1, sold subject merchandise to the United States at less than normal value during the period of review (‘‘POR’’).2 See Stainless Steel Wire Rod from Sweden: Final Results of Antidumping Duty Administrative Review, 72 FR 17834 (April 10, 2007) (‘‘Final Results’’). On April 16, 2007, we received an allegation, timely filed pursuant to section 751(h) of the Act and 19 CFR 351.224(c)(2), from FSAB Manufacturer/Exporter sroberts on PROD1PC70 with NOTICES Assessment and Cash Deposit Rates The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries based on the amended final results. For details on the calculation of importer–specific assessment rates, see Final Results, 72 FR 178347. The Department will issue appropriate assessment instructions directly to CBP 15 days after the date of 1 In the final results of this review, we determined it appropriate to treat FSAB and its affiliates, AB Sandvik Materials Technology (‘‘SMT’’) and Kanthal AB (‘‘Kanthal’’), as one entity for margin calculation purposes because they met the VerDate Aug<31>2005 18:12 May 08, 2007 Jkt 211001 7.65 11.99 that the Department made a ministerial error in the Final Results. The petitioners3 did not comment on the alleged ministerial error. After analyzing FSAB’s submission, we have determined, in accordance with section 751(h) of the Act and 19 CFR 351.224, that we made a ministerial error in our final margin calculation for FSAB. Specifically, although we correctly converted FSAB’s U.S. affiliate’s reported U.S. inventory carrying costs as intended, we inadvertently did not utilize the correctly converted U.S. inventory carrying costs in the final margin calculation. For a detailed discussion of the ministerial error, as well as the Department’s analysis, see the memorandum to James P. Maeder, Jr., Office Director, from the SSWR Team, dated May 2, 2007. Therefore, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the final results of the 2004–2005 antidumping duty administrative review of the order on SSWR from Sweden. The revised dumping margin is as follows: Original Final Margin Percentage Fagersta Stainless AB/AB Sandvik ................................................. Materials Technology/Kanthal AB. The Department will disclose calculations performed for the amended final results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Amended Final Results of Review (Percent) 7.68 14.01 EFFECTIVE DATE: 26337 Revised Final Margin Percentage 20.42 19.36 publication of these amended final results of review. The Department will also notify CBP of the revised cash deposit rate for FSAB, effective upon publication of these amended final results of review. This cash deposit requirement shall remain in effect until further notice. These amended final results of this administrative review and this notice are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: May 2, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–8905 Filed 5–8–07; 8:45 am] regulatory criteria for collapsing affiliated producers. 2 The POR of this review is September 1, 2004, through August 31, 2005. 3 The petitioners include the following companies: Carpenter Technology Corporation; Crucible Specialty Metals Division, Crucible Materials Corporation; and Electroalloy Corporation, a Division of G.O. Carlson, Inc. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–S E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26336-26337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8904]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-886


Polyethylene Retail Carrier Bags from the People's Republic of 
China: Amended Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 19, 2007, the Department of Commerce (the 
``Department'') published Polyethylene Retail Carrier Bags from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 72 FR 12762 (March 19, 2007) (``Final 
Results''), covering the period of review (``POR'') January 26, 2004, 
through July 31, 2005. We are amending the Final Results to correct 
ministerial errors made in the calculation of the dumping margins for 
Crown Polyethylene Products (International) Ltd. (``Crown'') and High 
Den Enterprises Ltd. (``High Den''), pursuant to section 751(h) of the 
Tariff Act of 1930, as amended (``the Act'').

EFFECTIVE DATE: May 9, 2007.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 
or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Scope of Order

    The merchandise subject to this antidumping duty order is 
polyethylene retail carrier bags (``PRCBs'') which may be referred to 
as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The 
subject merchandise is defined as non-sealable sacks and bags with 
handles (including drawstrings), without zippers or integral extruded 
closures, with or without gussets, with or without printing, of 
polyethylene film having a thickness no greater than 0.035 inch (0.889 
mm) and no less than 0.00035 inch (0.00889 mm), and with no length or 
width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 
cm). The depth of the bag may be shorter than 6 inches but not longer 
than 40 inches (101.6 cm).
    PRCBs are typically provided without any consumer packaging and 
free of charge by retail establishments, e.g., grocery, drug, 
convenience, department, specialty retail, discount stores, and 
restaurants, to their customers to package and carry their purchased 
products. The scope of the order excludes (1) polyethylene bags that 
are not printed with logos or store names and that are closeable with 
drawstrings made of polyethylene film and (2) polyethylene bags that 
are packed in consumer packaging with printing that refers to specific 
end-uses other than packaging and carrying merchandise from retail 
establishments, e.g., garbage bags, lawn bags, trash-can liners.
    Imports of the subject merchandise are currently classifiable under 
statistical category 3923.21.0085 of the Harmonized Tariff Schedule of 
the United States (``HTSUS'').\1\ This subheading may also cover 
products that are outside the scope of this order. Furthermore, 
although the HTSUS subheading is provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.
---------------------------------------------------------------------------

    \1\ Until July 1, 2005, these products were classifiable under 
HTSUS 3923.21.0090 (Sacks and bags of polymers of ethylene, other). 
See Harmonized Tariff Schedule of the United States (2005)- 
Supplement 1 Annotated for Statistical Reporting Purposes Change 
Record - 17th Edition - Supplement 1, available at http://
hotdocs.usitc.gov/docs/tata/hts/bychapter/0510/0510chgs.pdf.
---------------------------------------------------------------------------

Background

    On March 19, 2007, the Department published the Final Results in 
the Federal Register. On March 20, 2007, we received ministerial error 
allegations from Crown and High Den, respectively. On March 26, 2007, 
we received rebuttal comments from the Polyethylene Retail Carrier Bag 
Committee and its individual members, Hilex Poly Co., LLC and Superbag 
Corporation, domestic interested parties and petitioners in the 
underlying investigation. A ministerial error as defined in section 
751(h) of the Act (see also 19 CFR 351.224(f)), includes ``errors in 
addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the {Secretary{time}  considers 
ministerial.'' After analyzing the comments by interested parties, we 
have determined, in accordance with section 751(h) of the Act that 
ministerial errors existed in the calculations for the Final Results 
with respect to Crown and High Den. For a detailed explanation of these 
issues, see the memorandum to the file from Laurel LaCivita, Senior 
Case Analyst, through Charles Riggle, Program Manager, ``Analysis for 
the Amended Final Results of the 2004-2005 Administrative Review of 
Polyethylene Retail Carrier Bags from the People's Republic of China: 
Crown Polyethylene Products (International) Ltd.,'' dated April 18, 
2007, and memorandum to the file from Laurel LaCivita, Senior Case 
Analyst, through Charles Riggle, Program Manager, ``Analysis for the 
Amended Final Results of the 2004-2005 Administrative Review of 
Polyethylene Retail Carrier Bags from the People's Republic of China: 
High Den Enterprises Ltd. (``High Den'')'' dated April 18, 2007. Both 
memoranda are on file in the Central Records Unit, room B-099 in the 
main building of the Department of Commerce.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of PRCBs from the PRC for Crown and High Den.

Amended Final Results

    The revised weighted-average dumping margins for Crown and High Den 
are detailed in the chart below.

[[Page 26337]]



----------------------------------------------------------------------------------------------------------------
    Manufacturer/Exporter       Final Results of Review (Percent)    Amended Final Results of Review (Percent)
----------------------------------------------------------------------------------------------------------------
Crown........................                                7.68                                           7.65
High Den.....................                               14.01                                          11.99
----------------------------------------------------------------------------------------------------------------

    The Department shall determine, and U.S. Customs and Border 
Protection shall assess, antidumping duties on all appropriate entries 
based on the amended final results. For details on the assessment of 
antidumping duties on all appropriate entries, see Final Results, 72 FR 
12762, 12764.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: April 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-8904 Filed 5-8-07; 8:45 am]
BILLING CODE 3510-DS-S