Polyethylene Retail Carrier Bags From Indonesia: Amended Preliminary Determination of Sales at Less Than Fair Value, 63720-63721 [E9-29017]
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63720
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
Final Results of the Review
As a result of our review, we
determine that a final weighted–average
dumping margin of 17.92 percent exists
for Rally for the period August 1, 2007,
through July 31, 2008.
Assessment Rates
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of these
final results of administrative review. In
calculating importer–specific
assessment rates, we divided the total
dumping margins (calculated as the
difference between normal value and
export price) for each of Rally’s
importers or customers 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 in each of that importer’s/
customer’s entries during the review
period.
Cash–Deposit Requirements
mstockstill on DSKH9S0YB1PROD with NOTICES
Notifications
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
17:26 Dec 03, 2009
Dated: November 25, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E9–29018 Filed 12–3–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
The following cash–deposit
requirements will be effective upon
publication of this notice of final results
of administrative review for shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of the
publication as provided by section
751(a)(1) of the Act: (1) for subject
merchandise exported by Rally, the cash
deposit rate will be 17.92 percent; (2) for
previously reviewed or investigated
companies not listed above that have
separate rates, the cash–deposit rate will
continue to be the company–specific
rate published for the most recent
period; (3) for all other PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash–deposit rate will be the
PRC–wide rate of 77.57 percent; (4) for
all non–PRC exporters of subject
merchandise the cash–deposit rate will
be the rate applicable to the PRC
exporter that supplied that exporter.
These deposit requirements shall
remain in effect until further notice.
VerDate Nov<24>2008
assessment of double antidumping
duties. See id.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
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 violation
subject to sanction.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Jkt 220001
International Trade Administration
[A–560–822]
Polyethylene Retail Carrier Bags From
Indonesia: Amended Preliminary
Determination of Sales at Less Than
Fair Value
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 3, 2009, the
Department of Commerce published the
preliminary determination of sales at
less than fair value in the antidumping
duty investigation of polyethylene retail
carrier bags from Indonesia. See
Polyethylene Retail Carrier Bags from
Indonesia: Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination,
74 FR 56807 (November 3, 2009)
(Preliminary Determination). We are
amending our Preliminary
Determination to correct certain
ministerial errors with respect to the
antidumping duty margin calculation
for P.T. Super Exim Sari Ltd. (SES) and
P.T. Super Makmur (SM) (collectively
SESSM). The corrections to the margin
for SESSM also affect the calculation of
the all–others rate.
EFFECTIVE DATE: November 3, 2009.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Minoo Hatten, AD/
CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Avenue, NW, Washington, DC 20230;
telephone (202) 482–5760 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 27, 2009, the Department
issued a preliminary determination that
polyethylene retail carrier bags from
Indonesia are being, or are likely to be,
sold in the United States at less than fair
value as provided in section 733 of the
Tariff Act of 1930, as amended (the Act).
See Preliminary Determination. On
November 2, 2009, SESSM filed timely
allegations of ministerial errors
contained in the Preliminary
Determination. After reviewing the
allegations, we have determined that the
Preliminary Determination included
significant ministerial errors. Therefore,
in accordance with 19 CFR 351.224(e),
we have made changes to the
Preliminary Determination as described
below.
Period of Investigation
The period of investigation is January
1, 2008, through December 31, 2008.
Scope of the Investigation
The merchandise subject to this
investigation is polyethylene retail
carrier bags, which also 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).
Polyethylene retail carrier bags 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 this investigation
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.
E:\FR\FM\04DEN1.SGM
04DEN1
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
Imports of merchandise included
within the scope of this investigation
are currently classifiable under
statistical category 3923.21.0085 of the
Harmonized Tariff Schedule of the
United States (HTSUS). This
subheading may also cover products
that are outside the scope of this
investigation. Furthermore, although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Significant Ministerial Error
Ministerial errors are defined in
section 735(e) of the Act as ‘‘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
administering authority considers
ministerial.’’ Section 351.224(e) of the
Department’s regulations provides that
the Department ‘‘will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination.’’ A significant
ministerial error is defined as a
ministerial error, the correction of
which, singly or in combination with
other errors, would result in (1) a
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted–average
dumping margin calculated in the
original (erroneous) preliminary
determination, or (2) a difference
between a weighted–average dumping
margin of zero or de minimis and a
weighted–average dumping margin of
greater than de minimis or vice versa.
See 19 CFR 351.224(g).
mstockstill on DSKH9S0YB1PROD with NOTICES
Ministerial–Error Allegations
SESSM argues that the Department
treated SESSM as a single entity
throughout the Preliminary
Determination but the Department
calculated the antidumping duty margin
for SESSM erroneously in the
Preliminary Determination by treating
SES and SM as two separate entities.
Despite the Department’s stated intent
to treat SES and SM as a single entity,
SESSM claims, the Department’s
calculation programs used two different
manufacturer codes SESSM reported
(SES and SM) in its sales databases to
match U.S. and home–market sales
transactions. As a result, SESSM states,
the Department matched SES’s U.S.
sales with SES’s home–market sales but
not with SM’s home–market sales and
did not compare SM’s U.S. sales to
comparable sales of merchandise
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
produced by SES and sold in the home
market.
SESSM asserts that, as a result of the
oversight, the Department also used the
manufacturer code to segregate SES’s
sales and cost data from SM’s sales and
cost data for cost–test purposes. SESSM
suggests that the Department revise the
calculation programs to use one unified
manufacturer code for model–matching
and cost–test purposes. SESSM asserts
that its suggested programming language
is consistent with other investigations
and reviews in which the Department
has had to consider U.S., home–market,
or third–country sales by multiple
affiliated companies within a single
entity.
SESSM claims that these ministerial
errors in the calculation of an
antidumping duty margin in the
Preliminary Determination for SESSM
are significant because the correction of
these errors would result in a
cumulative change of at least five
percentage points but not less than 25
percent of the original weighted–average
dumping margin or would result in a de
minimis weighted–average dumping
margin in accordance with 19 CFR
351.224(g).
We agree with SESSM that we
intended to treat SES and SM as a single
entity. See, e.g., Preliminary
Determination in which we treated SES
and SM as a single entity and calculated
a single margin for SESSM. We
inadvertently treated SES and SM as
separate entities for purposes of
matching U.S. and home–market sales
and conducting the cost test. We find
that this is a ministerial error in
accordance with section 735(e) of the
Act. Further, correction of the errors
confirms that they were significant
errors under 19 CFR 351.224(g).
Amended Preliminary Determination
We determine that SESSM’s
allegations qualify as significant
ministerial errors as defined in 19 CFR
351.224(g) because they result in a
change of more than five absolute
percentage points to the antidumping
duty margin for SESSM and is not less
than 25 percent of the original
weighted–average dumping margin.
Accordingly, we have corrected these
errors SESSM alleged. To correct these
errors, we have used an identical
manufacturer code for purposes of
matching U.S. and home–market sales
and conducting the cost test for this
amended preliminary determination.
See more details in the SESSM amended
preliminary determination analysis
memorandum dated concurrently with
the issuance of this amended
preliminary determination. As a result
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
63721
of correcting these significant
ministerial errors in the Preliminary
Determination for SESSM, the simple–
average all–others rate has also changed.
As a result of the corrected ministerial
errors, the weighted–average
antidumping duty margin for SESSM is
9.10 percent and the simple–average
all–others rate is 38.14 percent.
The collection of bonds or cash
deposits and suspension of liquidation
will be revised accordingly and parties
will be notified of this determination in
accordance with sections 733(d) and (f)
of the Act. The effective date of the
implementation of collection of bonds
or cash deposits and suspension of
liquidation as revised in this amended
preliminary determination will be the
effective date of the Preliminary
Determination. We will issue
instructions to U.S. Customs and Border
Protection (CBP) authorizing it to refund
the antidumping duty deposits SESSM
made in excess of the amended
antidumping duty margin for SESSM
since the effective date of the
Preliminary Determination. We will also
issue instructions to CBP authorizing it
to refund the antidumping duty deposits
companies subject to the all–others rate
made in excess of the amended all–
others rate since the effective date of the
Preliminary Determination.
ITC Notification
In accordance with section 733(f) of
the Act, we have notified the
International Trade Commission (ITC) of
our amended preliminary
determination. If our final
determination is affirmative, the ITC
will make its final determination no
later than 45 days after our final
determination as to whether imports of
polyethylene retail carrier bags from
Indonesia are materially injuring, or
threatening material injury to, the U.S.
industry. See section 735(b)(2) of the
Act.
This amended determination is issued
and published pursuant to sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.224(e).
Dated: November 25, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E9–29017 Filed 12–3–09; 8:45 am]
BILLING CODE 3510–DS–S
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63720-63721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29017]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-822]
Polyethylene Retail Carrier Bags From Indonesia: Amended
Preliminary Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 3, 2009, the Department of Commerce published the
preliminary determination of sales at less than fair value in the
antidumping duty investigation of polyethylene retail carrier bags from
Indonesia. See Polyethylene Retail Carrier Bags from Indonesia:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 74 FR 56807 (November 3, 2009)
(Preliminary Determination). We are amending our Preliminary
Determination to correct certain ministerial errors with respect to the
antidumping duty margin calculation for P.T. Super Exim Sari Ltd. (SES)
and P.T. Super Makmur (SM) (collectively SESSM). The corrections to the
margin for SESSM also affect the calculation of the all-others rate.
EFFECTIVE DATE: November 3, 2009.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Minoo Hatten, 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) 482-5760
or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 27, 2009, the Department issued a preliminary
determination that polyethylene retail carrier bags from Indonesia are
being, or are likely to be, sold in the United States at less than fair
value as provided in section 733 of the Tariff Act of 1930, as amended
(the Act). See Preliminary Determination. On November 2, 2009, SESSM
filed timely allegations of ministerial errors contained in the
Preliminary Determination. After reviewing the allegations, we have
determined that the Preliminary Determination included significant
ministerial errors. Therefore, in accordance with 19 CFR 351.224(e), we
have made changes to the Preliminary Determination as described below.
Period of Investigation
The period of investigation is January 1, 2008, through December
31, 2008.
Scope of the Investigation
The merchandise subject to this investigation is polyethylene
retail carrier bags, which also 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).
Polyethylene retail carrier bags 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 this investigation 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.
[[Page 63721]]
Imports of merchandise included within the scope of this
investigation are currently classifiable under statistical category
3923.21.0085 of the Harmonized Tariff Schedule of the United States
(HTSUS). This subheading may also cover products that are outside the
scope of this investigation. Furthermore, although the HTSUS subheading
is provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Significant Ministerial Error
Ministerial errors are defined in section 735(e) of the Act as
``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 administering
authority considers ministerial.'' Section 351.224(e) of the
Department's regulations provides that the Department ``will analyze
any comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination.'' A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the weighted-average dumping margin
calculated in the original (erroneous) preliminary determination, or
(2) a difference between a weighted-average dumping margin of zero or
de minimis and a weighted-average dumping margin of greater than de
minimis or vice versa. See 19 CFR 351.224(g).
Ministerial-Error Allegations
SESSM argues that the Department treated SESSM as a single entity
throughout the Preliminary Determination but the Department calculated
the antidumping duty margin for SESSM erroneously in the Preliminary
Determination by treating SES and SM as two separate entities. Despite
the Department's stated intent to treat SES and SM as a single entity,
SESSM claims, the Department's calculation programs used two different
manufacturer codes SESSM reported (SES and SM) in its sales databases
to match U.S. and home-market sales transactions. As a result, SESSM
states, the Department matched SES's U.S. sales with SES's home-market
sales but not with SM's home-market sales and did not compare SM's U.S.
sales to comparable sales of merchandise produced by SES and sold in
the home market.
SESSM asserts that, as a result of the oversight, the Department
also used the manufacturer code to segregate SES's sales and cost data
from SM's sales and cost data for cost-test purposes. SESSM suggests
that the Department revise the calculation programs to use one unified
manufacturer code for model-matching and cost-test purposes. SESSM
asserts that its suggested programming language is consistent with
other investigations and reviews in which the Department has had to
consider U.S., home-market, or third-country sales by multiple
affiliated companies within a single entity.
SESSM claims that these ministerial errors in the calculation of an
antidumping duty margin in the Preliminary Determination for SESSM are
significant because the correction of these errors would result in a
cumulative change of at least five percentage points but not less than
25 percent of the original weighted-average dumping margin or would
result in a de minimis weighted-average dumping margin in accordance
with 19 CFR 351.224(g).
We agree with SESSM that we intended to treat SES and SM as a
single entity. See, e.g., Preliminary Determination in which we treated
SES and SM as a single entity and calculated a single margin for SESSM.
We inadvertently treated SES and SM as separate entities for purposes
of matching U.S. and home-market sales and conducting the cost test. We
find that this is a ministerial error in accordance with section 735(e)
of the Act. Further, correction of the errors confirms that they were
significant errors under 19 CFR 351.224(g).
Amended Preliminary Determination
We determine that SESSM's allegations qualify as significant
ministerial errors as defined in 19 CFR 351.224(g) because they result
in a change of more than five absolute percentage points to the
antidumping duty margin for SESSM and is not less than 25 percent of
the original weighted-average dumping margin. Accordingly, we have
corrected these errors SESSM alleged. To correct these errors, we have
used an identical manufacturer code for purposes of matching U.S. and
home-market sales and conducting the cost test for this amended
preliminary determination. See more details in the SESSM amended
preliminary determination analysis memorandum dated concurrently with
the issuance of this amended preliminary determination. As a result of
correcting these significant ministerial errors in the Preliminary
Determination for SESSM, the simple-average all-others rate has also
changed. As a result of the corrected ministerial errors, the weighted-
average antidumping duty margin for SESSM is 9.10 percent and the
simple-average all-others rate is 38.14 percent.
The collection of bonds or cash deposits and suspension of
liquidation will be revised accordingly and parties will be notified of
this determination in accordance with sections 733(d) and (f) of the
Act. The effective date of the implementation of collection of bonds or
cash deposits and suspension of liquidation as revised in this amended
preliminary determination will be the effective date of the Preliminary
Determination. We will issue instructions to U.S. Customs and Border
Protection (CBP) authorizing it to refund the antidumping duty deposits
SESSM made in excess of the amended antidumping duty margin for SESSM
since the effective date of the Preliminary Determination. We will also
issue instructions to CBP authorizing it to refund the antidumping duty
deposits companies subject to the all-others rate made in excess of the
amended all-others rate since the effective date of the Preliminary
Determination.
ITC Notification
In accordance with section 733(f) of the Act, we have notified the
International Trade Commission (ITC) of our amended preliminary
determination. If our final determination is affirmative, the ITC will
make its final determination no later than 45 days after our final
determination as to whether imports of polyethylene retail carrier bags
from Indonesia are materially injuring, or threatening material injury
to, the U.S. industry. See section 735(b)(2) of the Act.
This amended determination is issued and published pursuant to
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: November 25, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29017 Filed 12-3-09; 8:45 am]
BILLING CODE 3510-DS-S
