Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review, 58947-58948 [E9-27440]

Download as PDF Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices Scope of the Order DEPARTMENT OF COMMERCE International Trade Administration A–557–813 Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 9, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from Malaysia. The review covers exports of this merchandise to the United States by Euro Plastics Malaysia Sdn. Bhd. (Euro Plastics) for the period of review August 1, 2007, through July 31, 2008. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments and the revised cost information we received from Euro Plastics, we have made changes to the margin calculation for the final results of this review. The final weighted–average margin is listed below in the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE: November 16, 2009. FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Yang Jin Chun, 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) 482–0180 and (202) 482–5760, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSKH9S0YB1PROD with NOTICES Background On July 9, 2009, the Department published the preliminary results of review and invited parties to comment. See Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 32880 (July 9, 2009) (Preliminary Results). On August 10, 2009, Euro Plastics and the petitioners1 filed case briefs. On August 17, 2009, Euro Plastics and the petitioners filed rebuttal briefs. There was no hearing requested or conducted for this administrative review. 1 The Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, and Superbag Corporation. VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 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 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). This subheading also covers products that are outside the scope of the order. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of the Comments Received All issues raised in the case briefs by parties to this review are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memo) from Acting Deputy Assistant Secretary John M. Andersen to Acting Assistant Secretary Ronald K. Lorentzen dated November 6, 2009, which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded is in the Decision Memo and attached to this notice as an Appendix. The Decision Memo, which is a public document, is on file in the Central Records Unit (CRU) of the main Department of Commerce building, PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 58947 Room 1117, and is accessible on the Web at http://ia.ita.doc.gov/frn/ index.html. The paper copy and electronic version of the Decision Memo are identical in content. Sales Below Cost in the Home Market The Department conducted an investigation to determine whether Euro Plastics made home–market sales at prices below the cost of production. See Preliminary Results, 74 FR at 32882. As a result of its investigation, the Department disregarded certain below– cost home–market sales for the preliminary results. For the final results, in accordance with section 773(b)(1) of the Tariff Act of 1930, as amended (the Act), the Department has continued to disregard certain below–cost home– market sales. Changes Since the Preliminary Results Based on our analysis of comments received and based on our own analysis of the Preliminary Results, we have made revisions that have changed the results for Euro Plastics. We have corrected programming and ministerial errors in the margin calculations we included in the Preliminary Results. A detailed discussion of each correction we made is in the final analysis memorandum for Euro Plastics which is on file in the CRU of the main Department of Commerce building, Room 1117. Final Results of Review As a result of our review, we determine that a margin of 56.13 percent exists for Euro Plastics for the period August 1, 2007, through July 31, 2008. Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries of merchandise produced and/or exported by Euro Plastics. In accordance with 19 CFR 351.212(b)(1), we have calculated, whenever possible, an importer/ customer–specific assessment rate or value for subject merchandise. See also section 751(a)(2)(C) of the Act. With respect to export–price (EP) sales, we divided the total dumping margins for each 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 period of review. For constructed export–price (CEP) sales, we divided the total dumping margins for the reviewed sales by the total entered value of those E:\FR\FM\16NON1.SGM 16NON1 58948 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES reviewed sales for each importer. We will direct CBP to assess the resulting percentage margin against the entered customs values for the subject merchandise on each of that importer’s entries during the period of review. 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 of Antidumping Duties). This clarification will apply to entries of subject merchandise during the period of review produced by Euro Plastics for which it did not know its merchandise 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 intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Assessment of Antidumping Duties. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review. 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 19 CFR 351.402(f)(3). 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 PRCBs entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act: (1) the cash–deposit rate for Euro Plastics will be 56.13 percent; (2) for previously investigated companies not listed above, the cash–deposit rate will continue to be the company– specific rate published in the Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From Malaysia, 69 FR 34128, 34129 (June 18, 2004) (Final Determination); (3) if the exporter is not a firm covered in this review or the less–than-fair–value 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) if neither the exporter nor the manufacturer has its own rate, the cash–deposit rate will be 84.94 percent, the all–others rate for this proceeding published in the Final Determination. These deposit requirements shall remain in effect until further notice. Dated: November 6, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. 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 VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO as explained in the APO itself. See also 19 CFR 351.305(a)(3). Timely written notification of the 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 publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Appendix 1. Product-Specific Resin Cost 2. G&A and Financial Expenses 3. Product-Specific Yield Losses 4. Home-Market Sales Tax and Import Duties 5. Home-Market Freight Expenses 6. Home-Market Credit Expense 7. Standard Weight versus Actual Weight 8. U.S. Indirect Selling Expenses 9. U.S. Discounts [FR Doc. E9–27440 Filed 11–13–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2007 and 2008 AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of indirect cost rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2007 and 2008. SUMMARY: The National Oceanic and Atmospheric Administration’s PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 (NOAA’s) Damage Assessment, Remediation, and Restoration Program (DARRP) is announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal years (FY) 2007 and 2008. The indirect cost rates for these fiscal years and dates of implementation are provided in this notice. More information on these rates and the DARRP policy can be found at the DARRP Web site at http:// www.darrp.noaa.gov. FOR FURTHER INFORMATION CONTACT: For further information, contact LaTonya Burgess at 301–713–4248, ext. 211, by fax at 301–713–4389, or e-mail at LaTonya.Burgess@noaa.gov. SUPPLEMENTARY INFORMATION: The mission of the DARRP is to restore natural resource injuries caused by releases of hazardous substances or oil under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.), the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et seq.), and support restoration of physical injuries to National Marine Sanctuary resources under the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.). The DARRP consists of three component organizations: the Office of Response and Restoration (ORR) within the National Ocean Service; the Restoration Center within the National Marine Fisheries Service; and the Office of the General Counsel for Natural Resources (GCNR). The DARRP conducts Natural Resource Damage Assessments (NRDAs) as a basis for recovering damages from responsible parties, and uses the funds recovered to restore injured natural resources. Consistent with Federal accounting requirements, the DARRP is required to account for and report the full costs of its programs and activities. Further, the DARRP is authorized by law to recover reasonable costs of damage assessment and restoration activities under CERCLA, OPA, and the NMSA. Within the constraints of these legal provisions and their regulatory applications, the DARRP has the discretion to develop indirect cost rates for its component organizations and formulate policies on the recovery of indirect cost rates subject to its requirements. The DARRP’s Indirect Cost Effort In December 1998, the DARRP hired the public accounting firm Rubino & McGeehin, Chartered (R&M) to: Evaluate the DARRP cost accounting system and E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58947-58948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27440]



[[Page 58947]]

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DEPARTMENT OF COMMERCE

International Trade Administration

A-557-813


Polyethylene Retail Carrier Bags From Malaysia: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 9, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on polyethylene retail carrier bags (PRCBs) from 
Malaysia. The review covers exports of this merchandise to the United 
States by Euro Plastics Malaysia Sdn. Bhd. (Euro Plastics) for the 
period of review August 1, 2007, through July 31, 2008.
    We gave interested parties an opportunity to comment on the 
preliminary results. Based on our analysis of the comments and the 
revised cost information we received from Euro Plastics, we have made 
changes to the margin calculation for the final results of this review. 
The final weighted-average margin is listed below in the ``Final 
Results of Review'' section of this notice.

EFFECTIVE DATE: November 16, 2009.

FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Yang Jin Chun, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0180 and (202) 482-5760, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 9, 2009, the Department published the preliminary results 
of review and invited parties to comment. See Polyethylene Retail 
Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty 
Administrative Review, 74 FR 32880 (July 9, 2009) (Preliminary 
Results). On August 10, 2009, Euro Plastics and the petitioners\1\ 
filed case briefs. On August 17, 2009, Euro Plastics and the 
petitioners filed rebuttal briefs. There was no hearing requested or 
conducted for this administrative review.
---------------------------------------------------------------------------

    \1\ The Polyethylene Retail Carrier Bag Committee and its 
individual members, Hilex Poly Co., LLC, and Superbag Corporation.
---------------------------------------------------------------------------

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 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). This subheading also covers products that 
are outside the scope of the order. Furthermore, although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive.

Analysis of the Comments Received

    All issues raised in the case briefs by parties to this review are 
addressed in the ``Issues and Decision Memorandum'' (Decision Memo) 
from Acting Deputy Assistant Secretary John M. Andersen to Acting 
Assistant Secretary Ronald K. Lorentzen dated November 6, 2009, which 
is hereby adopted by this notice. A list of the issues which parties 
have raised and to which we have responded is in the Decision Memo and 
attached to this notice as an Appendix. The Decision Memo, which is a 
public document, is on file in the Central Records Unit (CRU) of the 
main Department of Commerce building, Room 1117, and is accessible on 
the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and 
electronic version of the Decision Memo are identical in content.

Sales Below Cost in the Home Market

    The Department conducted an investigation to determine whether Euro 
Plastics made home-market sales at prices below the cost of production. 
See Preliminary Results, 74 FR at 32882. As a result of its 
investigation, the Department disregarded certain below-cost home-
market sales for the preliminary results. For the final results, in 
accordance with section 773(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department has continued to disregard certain below-cost 
home-market sales.

Changes Since the Preliminary Results

    Based on our analysis of comments received and based on our own 
analysis of the Preliminary Results, we have made revisions that have 
changed the results for Euro Plastics. We have corrected programming 
and ministerial errors in the margin calculations we included in the 
Preliminary Results. A detailed discussion of each correction we made 
is in the final analysis memorandum for Euro Plastics which is on file 
in the CRU of the main Department of Commerce building, Room 1117.

Final Results of Review

    As a result of our review, we determine that a margin of 56.13 
percent exists for Euro Plastics for the period August 1, 2007, through 
July 31, 2008.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries of merchandise produced and/or exported by Euro Plastics. In 
accordance with 19 CFR 351.212(b)(1), we have calculated, whenever 
possible, an importer/customer-specific assessment rate or value for 
subject merchandise. See also section 751(a)(2)(C) of the Act.
    With respect to export-price (EP) sales, we divided the total 
dumping margins for each 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 
period of review. For constructed export-price (CEP) sales, we divided 
the total dumping margins for the reviewed sales by the total entered 
value of those

[[Page 58948]]

reviewed sales for each importer. We will direct CBP to assess the 
resulting percentage margin against the entered customs values for the 
subject merchandise on each of that importer's entries during the 
period of review.
    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 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the period of review produced by Euro 
Plastics for which it did not know its merchandise 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 
intermediate company(ies) involved in the transaction. For a full 
discussion of this clarification, see Assessment of Antidumping Duties.
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of 
review.

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 PRCBs entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash-deposit rate 
for Euro Plastics will be 56.13 percent; (2) for previously 
investigated companies not listed above, the cash-deposit rate will 
continue to be the company-specific rate published in the Notice of 
Final Determination of Sales at Less Than Fair Value: Polyethylene 
Retail Carrier Bags From Malaysia, 69 FR 34128, 34129 (June 18, 2004) 
(Final Determination); (3) if the exporter is not a firm covered in 
this review or the less-than-fair-value 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) if 
neither the exporter nor the manufacturer has its own rate, the cash-
deposit rate will be 84.94 percent, the all-others rate for this 
proceeding published in the Final Determination. These deposit 
requirements shall remain in effect until further notice.

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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See also 19 CFR 351.305(a)(3). 
Timely written notification of the 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 publishing these final results of administrative review and 
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 6, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

1. Product-Specific Resin Cost
2. G&A and Financial Expenses
3. Product-Specific Yield Losses
4. Home-Market Sales Tax and Import Duties
5. Home-Market Freight Expenses
6. Home-Market Credit Expense
7. Standard Weight versus Actual Weight
8. U.S. Indirect Selling Expenses
9. U.S. Discounts

[FR Doc. E9-27440 Filed 11-13-09; 8:45 am]
BILLING CODE 3510-DS-S