Polyethylene Retail Carrier Bags from Thailand: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 2511-2512 [E9-634]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Pages 2511-2512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-634]



[[Page 2511]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags from Thailand: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 9, 2008, the Department of Commerce published the 
preliminary results of the 2006/2007 administrative review of the 
antidumping duty order on polyethylene retail carrier bags from 
Thailand. We gave interested parties an opportunity to comment on the 
preliminary results. Based on our analysis of the comments received and 
an examination of our calculations, we have made certain changes for 
the final results. The final weighted-average dumping margins for the 
respondents are listed below in the ``Final Results of the Review'' 
section of this notice.

EFFECTIVE DATE: January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Kristin Case 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) 482-3174 
or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2008, the Department of Commerce (the Department) 
published Polyethylene Retail Carrier Bags from Thailand: Preliminary 
Results of Antidumping Duty Administrative Review and Intent to Rescind 
in Part, 73 FR 52288 (September 9, 2008) (Preliminary Results), in the 
Federal Register. The administrative review covers the following 
producers/exporters: King Pac Industrial Co., Ltd. (King Pac), Naraipak 
Co., Ltd., and Narai Packaging (Thailand) Ltd. (collectively NPG), Poly 
Plast (Thailand) Co., Ltd. (Poly Plast), and Master Packaging Co., Ltd. 
(Master Packaging).\1\ The period of review is August 1, 2006, through 
July 31, 2007.
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    \1\ As discussed in the Preliminary Results, we considered both 
King Pac and King Pak Ind. Co., Ltd. (King Pak), to be alternative 
spellings of the name of one company. See Preliminary Results, 73 FR 
at 52288, n. 1.
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    We invited parties to comment on the Preliminary Results. On 
October 15, 2008, we received case briefs from the Polyethylene Retail 
Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, 
and Superbag Corporation (collectively, the petitioners), and KYD Ltd. 
(KYD), an importer of subject merchandise. On October 23, 2008, we 
received rebuttal briefs from the petitioners and KYD. At the request 
of KYD, we held a public hearing on October 29, 2008.
    We have conducted this review in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the 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.
    As a result of recent changes to the Harmonized Tariff Schedule of 
the United States (HTSUS), imports of the subject merchandise are 
currently classifiable under statistical category 3923.21.0085 of the 
HTSUS. Furthermore, although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

Rescission

    In the Preliminary Results, we explained that Kor Ratthanakit Co., 
Ltd. (Kor Ratthanakit), reported that it had no shipments of subject 
merchandise covered by this review. Additionally, we stated that, 
because our review of information from U.S. Customs and Border 
Protection (CBP) supported Kor Ratthanakit's claim, we would rescind 
the review with respect to Kor Ratthanakit if we continued to find that 
Kor Ratthanakit did not have any shipments of subject merchandise to 
the United States during the period of review. See Preliminary Results, 
73 FR at 52289. Because we have not received information indicating 
that Kor Ratthanakit had any shipments of subject merchandise during 
the period of review we are rescinding the administrative review with 
respect to Kor Ratthanakit.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Issues and Decision Memorandum for the 
Antidumping Duty Administrative Review of Polyethylene Retail Carrier 
Bags from Thailand for the Period of Review August 31, 2006, through 
July 31, 2007 (Decision Memorandum), which is dated January 7, 2009, 
and hereby adopted by this notice. Attached to this notice as an 
appendix is a list of the issues which parties have raised and to which 
we have responded in the Decision Memorandum. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file in the Department's Central Records Unit, Room 1117 of the main 
Commerce building (CRU). In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    In our preliminary results for NPG, we used the most recently 
submitted cost-of-production data, received on August 25, 2008, but we 
did not use the updated constructed-value data contained in the same 
submission. Because this submission contained both revised cost and 
constructed-value data, we have used all of this data in the 
calculation of NPG's final dumping margin.
    For Poly Plast, we found it appropriate to assign partial adverse 
facts available to certain unreported U.S. sales. During the course of 
verification of the information Poly Plast submitted in this review, we 
found that Poly Plast did not report certain U.S. sales of subject 
merchandise. Because the administrative record lacks

[[Page 2512]]

all of the information necessary to calculate dumping margins for these 
sales, we find it appropriate to rely on partial facts available 
pursuant to section 776(a) of the Act. Furthermore, because Poly Plast 
possessed the necessary records to provide a complete U.S. sales list 
but did not do so, we find that it did not act to the best of its 
ability to comply with our request for information.
    Accordingly, because Poly Plast failed to cooperate in reporting 
all of its U.S. sales of subject merchandise, we find that use of 
information adverse to the interests of Poly Plast, as facts otherwise 
available, is appropriate pursuant to section 776(b) of the Act. As 
adverse facts available we have applied the highest transaction-
specific margin we determined for sales Poly Plast reported to the 
value of unreported U.S. sales. For a complete discussion on this 
issue, see Decision Memorandum at Comment 2.

Sales Below Cost in the Home Market

    For these final results of review, the Department disregarded home-
market sales by NPG and Poly Plast that failed the cost-of-production 
test.

Final Results of the Review

    As a result of our review, we determine that the following 
percentage weighted-average dumping margins exist on PCRBs from 
Thailand for the period August 1, 2006, through July 31, 2007:

------------------------------------------------------------------------
                  Producer/Exporter                    Margin (percent)
------------------------------------------------------------------------
King Pac (aka King Pak).............................              122.88
Master Packaging....................................              122.88
NPG.................................................               32.67
Poly Plast..........................................                8.94
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of these final results, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. The Department intends to issue assessment instructions to CBP 
15 days after the date of publication of these final results of review.
    We calculated importer/customer-specific duty-assessment amounts 
with respect to export-price sales by NPG and Poly Plast in the 
following manner. We divided the total dumping margins (calculated as 
the difference between normal value and the export price) for each 
exporter's importer or customer by the total number of units the 
exporter sold to that importer or customer. We will direct CBP to 
assess the resulting per-unit dollar amount against each unit of 
merchandise on each of that importer's or customer's entries during the 
review period. See 19 CFR 351.212(b)(1). Where the assessment amount is 
above de minimis, we will instruct CBP to assess duties on all entries 
of subject merchandise by that importer or customer.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment-Policy Notice). This clarification will apply to entries of 
subject merchandise during the period of review produced by companies 
included in these final results of review for which the reviewed 
companies did not know that the merchandise they sold to an 
intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediary involved in the transaction. See Assessment-
Policy Notice for a full discussion of this clarification.
    Because we are relying on total adverse facts available to 
establish the dumping margins for King Pac and Master Packaging, we 
will instruct CBP to apply a dumping margin of 122.88 percent to all 
entries of subject merchandise produced and/or exported by these 
companies.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, 
consistent with section 751(a)(1) of the Act: (1) the cash-deposit 
rates for the reviewed companies will be the rates shown above; (2) for 
previously investigated or reviewed 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 or a previous review or the original less-than-fair-
value (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; (4) the cash-deposit rate for all 
other manufacturers or exporters will continue to be 2.80 percent, the 
all-others rate from the amended final determination of the LTFV 
investigation published on July 15, 2004. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value: Polyethylene Retail 
Carrier Bags From Thailand, 69 FR 42419 (July 15, 2004).
    These deposit requirements shall remain in effect until further 
notice.

Notification Requirements

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties. See id.
    This notice also serves as a reminder to parties subject to 
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 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 the terms of an APO is a sanctionable violation.We are 
issuing and publishing these results in accordance with sections 
751(a)(1) and 777(i) of the Act.

    Dated: January 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

1. Adverse Facts Available
2. Unreported Sales by Poly Plast
[FR Doc. E9-634 Filed 1-14-09; 8:45 am]
BILLING CODE 3510-DS-S