Polyethylene Retail Carrier Bags from Malaysia: Notice of Rescission of Administrative Review, 40499-40500 [E8-16153]

Download as PDF Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices because these companies certified that they made no POR shipments of subject merchandise for which they had knowledge of U.S. destination. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate established in the LTFV investigation if there is no rate for the intermediate company(ies) involved in the transaction. Cash Deposit Requirements Further, the following deposit requirements will be effective for all shipments of shrimp from India entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rates for the reviewed companies will be the rates shown above, except if the rate is less than 0.50 percent, de minimis within the meaning of 19 CFR 351.106(c)(1), the cash deposit will be zero; (2) for previously investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, or the LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 10.17 percent, the all-others rate established in the LTFV investigation. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147, 5148 (Feb. 1, 2005). These deposit requirements shall remain in effect until further notice. mstockstill on PROD1PC66 with NOTICES Notification to Importers This notice serves as a final reminder to importers of their responsibility, under 19 CFR 351.402(f)(2), to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 7, 2008. David M. Spooner, Assistant Secretary for Import Administration. General Issues 1. Offsetting of Negative Margins. 2. Whether the Department’s Decision to Select Only Two Mandatory Respondents was Supported by Evidence on the Record. 3. Continuing to Apply AFA to Uncooperative Respondents for the Final Results. 4. Ministerial Errors in the Preliminary Results. Company-Specific Issues 5. What Date to Assign to Unpaid U.S. Sales for Devi. 6. Devi’s Raw Material Costs. 7. Devi’s Compliance with Indian Licensing Requirements. 8. Whether to Include in Margin Calculations Previously Reviewed U.S. Sales for Falcon Which Entered during the Period of Review. 9. Falcon’s Raw Material Costs. 10. Whether to Base the Final Margin for Uniroyal Marine Exports on AFA. [FR Doc. E8–16152 Filed 7–14–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–813] Polyethylene Retail Carrier Bags from Malaysia: Notice of Rescission of Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by interested parties, the Department of Commerce (Department) initiated an administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from Malaysia with respect to three producers/exporters of the subject merchandise. The period of review (POR) is August 1, 2006, through July PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 31, 2007. The Department is now rescinding this administrative review in its entirety. EFFECTIVE DATE: July 15, 2008. FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–5287 and (202) 482–4477, respectively. SUPPLEMENTARY INFORMATION: Background Appendix—Issues in Decision Memorandum AGENCY: 40499 On May 6, 2008, the Department published a Notice of Partial Rescission of the Administrative Review and Intent to Rescind the Administrative Review, 73 FR 24941 (May 6, 2008) (Intent to Rescind), where it rescinded the review of the antidumping duty order on PRCBs from Malaysia with respect to King Pac and announced its intent to rescind the review with respect to Euro Plastics Malaysia Sdn. Bhd. and its affiliate Eplastics Procurement Center Sdn. Bhd. (Euro Plastics) and with respect to Zhin Hin Plastic Manufacturer Sdn. Bhd. (also known as Chin Hin Plastic Manufacture) (Zhin Hin). Scope of the Order The merchandise subject to this antidumping duty order is 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 (15.24 cm) 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 E:\FR\FM\15JYN1.SGM 15JYN1 40500 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices 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). Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Rescission of the Administrative Review In Intent to Rescind, 73 FR at 24942, we gave interested parties an opportunity to comment by June 5, 2008. We did not receive any comments. Therefore, consistent with Intent to Rescind, we continue to find that Euro Plastics and Zhin Hin (the only remaining companies in this review) had no entries of subject merchandise during the POR. Accordingly, we are rescinding this administrative review in its entirety pursuant to 19 CFR 351.213(d)(3). This notice serves as a reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 08, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–16153 Filed 7–14–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Institute of Standards and Technology mstockstill on PROD1PC66 with NOTICES Alternative Personnel Management System (APMS) at the National Institute of Standards and Technology National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of Modifications with Request for Comment. AGENCY: VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 SUMMARY: This notice provides for changes to the existing provisions of the National Institute of Standards and Technology’s (NIST) Alternative Personnel Management System (APMS) published October 21, 1997 (62 FR 54606), and May 6, 2005 (70 FR 23996) primarily to improve flexibility in rewarding new and mid-level employees and to broaden the ability to make performance distinctions. This notice is effective on October 1, 2008. Comments will be accepted until close of business on August 14, 2008. DATES: Send or deliver comments to Robert Kirkner, Chief Human Capital Officer, National Institute of Standards and Technology, Building 101, Room A–531, 100 Bureau Drive Mail Stop 1700, Gaithersburg, MD 20899–1700, FAX: (301) 948–6107 or e-mail comments to ppschanges@nist.gov. ADDRESSES: For questions or comments, please contact Robert Kirkner at the National Institute of Standards and Technology, (301) 975–3002; or Pamela Boyland at the U.S. Department of Commerce, (202) 482–1068. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background In accordance with Public Law 99– 574, the NIST Authorization Act for 1987, the Office of Personnel Management (OPM) approved a demonstration project plan, ‘‘Alternative Personnel Management System (APMS) at the National Institute of Standards and Technology (NIST),’’ and published the plan in the Federal Register on October 2, 1987 (52 FR 37082). The project plan has been modified twice to clarify certain NIST authorities (54 FR 21331 of May 17, 1989, and 55 FR 39220 of September 25, 1990). The project plan and subsequent amendments were consolidated in the final APMS plan, which became permanent on October 21, 1997, (62 FR 54604). NIST published an amendment on May 6, 2005 (70 FR 23996) which became permanent on June 6, 2005. The plan provides for modifications to be made as experience is gained, results are analyzed, and conclusions are reached on how the system is working. This notice formally modifies the APMS plan to refine the links between pay and performance. Comments will be considered and any changes deemed necessary will be made. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Dated: July 7, 2008. James M. Turner, Deputy Director. Table of Contents I. Executive Summary II. Basis for APMS Plan Modification III. Changes in the APMS Plan I. Executive Summary The National Institute of Standards and Technology’s (NIST) Alternative Personnel Management System (APMS) is designed to (1) Improve hiring and allow NIST to compete more effectively for high-quality researchers through direct hiring, selective use of higher entry salaries, and selective use of recruiting allowances; (2) motivate and retain staff through higher pay potential, pay-for-performance, more responsive personnel systems, and selective use of retention allowances; (3) strengthen the manager’s role in personnel management through delegation of personnel authorities; and (4) increase the efficiency of personnel systems through installation of a simpler and more flexible classification system based on pay banding through reduction of guidelines, steps, and paperwork in classification, hiring, and other personnel systems, and through automation. Since implementing the APMS, according to findings in the Office of Personnel Management’s ‘‘Summative Evaluation Report National Institute of Standards and Technology Demonstration Project: 1988–1995,’’ NIST is more competitive for talent; NIST retained more top performers than a comparison group; and NIST managers reported significantly more authority to make decisions concerning employee pay. This modification builds on this success by refining the link between pay and performance. In 2005, NIST made the first significant changes to the APMS since its inception. NIST replaced its 100-point rating scale with six performance ratings and provided for automatic bonuses for high performing pay-capped employees. NIST also adjusted its provisions on retention service credit for reduction in force and annual adjustments to basic pay to correspond with the 2005 changes. This amendment modifies the May 2005 amendment. Specifically, NIST will introduce a seventh level to its six level performance ratings system, broadening flexibility to make performance distinctions. Pay increases will continue to be based upon an annually determined percentage of the mid-point salary for each pay band in the career path and linked directly to E:\FR\FM\15JYN1.SGM 15JYN1

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[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40499-40500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16153]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags from Malaysia: Notice of 
Rescission of Administrative Review

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests by interested parties, the Department 
of Commerce (Department) initiated an administrative review of the 
antidumping duty order on polyethylene retail carrier bags (PRCBs) from 
Malaysia with respect to three producers/exporters of the subject 
merchandise. The period of review (POR) is August 1, 2006, through July 
31, 2007. The Department is now rescinding this administrative review 
in its entirety.

EFFECTIVE DATE: July 15, 2008.

FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Richard Rimlinger, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5287 and (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 6, 2008, the Department published a Notice of Partial 
Rescission of the Administrative Review and Intent to Rescind the 
Administrative Review, 73 FR 24941 (May 6, 2008) (Intent to Rescind), 
where it rescinded the review of the antidumping duty order on PRCBs 
from Malaysia with respect to King Pac and announced its intent to 
rescind the review with respect to Euro Plastics Malaysia Sdn. Bhd. and 
its affiliate Eplastics Procurement Center Sdn. Bhd. (Euro Plastics) 
and with respect to Zhin Hin Plastic Manufacturer Sdn. Bhd. (also known 
as Chin Hin Plastic Manufacture) (Zhin Hin).

Scope of the Order

    The merchandise subject to this antidumping duty order is 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 (15.24 cm) 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

[[Page 40500]]

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). Furthermore, although the 
HTSUS subheading is provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.

Rescission of the Administrative Review

    In Intent to Rescind, 73 FR at 24942, we gave interested parties an 
opportunity to comment by June 5, 2008. We did not receive any 
comments. Therefore, consistent with Intent to Rescind, we continue to 
find that Euro Plastics and Zhin Hin (the only remaining companies in 
this review) had no entries of subject merchandise during the POR. 
Accordingly, we are rescinding this administrative review in its 
entirety pursuant to 19 CFR 351.213(d)(3).
    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 08, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-16153 Filed 7-14-08; 8:45 am]
BILLING CODE 3510-DS-S

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