Polyethylene Retail Carrier Bags From the People's Republic of China, Malaysia, and Thailand: Continuation of Antidumping Duty Orders, 38978-38979 [2010-16510]

Download as PDF 38978 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices Producer/Exporter Original Subsidy Rate Xinhua Metal Products Company Ltd. (Xinhua), Xinyu Iron and Steel Joint Stock Limited Company (Xinyu), and Xingang Iron and Steel Joint Stock Limited Liability Company (Xingang) (Collectively the Xinhua Companies). All Others ..................................................................................................... 45.85 percent ad valorem ........... 45.85 percent ad valorem 27.35 percent ad valorem ........... 27.64 percent ad valorem cprice-sewell on DSK8KYBLC1PROD with NOTICES Countervailing Duty Order On November 2, 2009, the Department published its Preliminary Determination and instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise entered or withdrawn from warehouse, for consumption, on or after November 2, 2009. See Pre–Stressed Concrete Steel Wire Strand from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 74 FR 56576 (November 2, 2009) (Preliminary Determination). In accordance with section 703(d) of the Act, which states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months, the Department terminated suspension of liquidation effective March 2, 2010. On June 22, 2010, in accordance with section 705(d) of the Act, the ITC notified the Department of its final determination that the industry in the United States producing PC strand is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of PC strand from the PRC. See ITC Final Determination Report. Therefore, in accordance with section 706 of the Act, the Department will direct CBP to reinstitute suspension of liquidation effective the date of publication of the ITC Final Determination in the Federal Register. See Pre–Stressed Concrete Steel Wire Strand from China: Determinations, 75 FR 36678 (June 28, 2010) (ITC Final Determination). The Department will also direct CBP to assess, upon further advice by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the amended net countervailable subsidy rates for the subject merchandise as noted above. This notice constitutes the countervailing duty order with respect to PC strand from the PRC, pursuant to section 706(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 1117 of the Commerce building, for copies of an updated list of countervailing duty orders currently in effect. VerDate Mar<15>2010 15:28 Jul 06, 2010 Jkt 220001 This order is issued and published in accordance with section 706(a) of the Act, 19 CFR 351.211(b) and 19 CFR 351.224(e).1 Dated: June 29, 2010. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–16500 Filed 7–6–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–886, A–557–813, A–549–821] Polyethylene Retail Carrier Bags From the People’s Republic of China, Malaysia, and Thailand: Continuation of Antidumping Duty Orders AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Department) and the International Trade Commission (ITC) that revocation of the antidumping duty orders on polyethylene retail carrier bags (PRCBs) from the People’s Republic of China (PRC), Malaysia, and Thailand would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty orders. DATES: Effective Date: July 7, 2010. FOR FURTHER INFORMATION CONTACT: Dustin Ross 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) 482–0747 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: Background On July 1, 2009, the Department initiated and the ITC instituted sunset reviews of the antidumping duty orders 1 Petitioners are American Spring Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products Corp. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Amended Subsidy Rate on PRCBs from the PRC, Malaysia, and Thailand 1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-year (‘‘Sunset’’) Review, 74 FR 31412 (July 1, 2009); see also Polyethylene Retail Carrier Bags From China, Malaysia, and Thailand, 74 FR 31750 (July 2, 2009). As a result of these sunset reviews, the Department determined that revocation of the antidumping duty orders on PRCBs from the PRC, Malaysia, and Thailand would be likely to lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail should the orders be revoked. See Polyethylene Retail Carrier Bags From the People’s Republic of China, Thailand, and Malaysia: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 74 FR 53470 (October 19, 2009). On June 8, 2010, pursuant to section 752(a) of the Act, the ITC determined that revocation of the antidumping duty orders on PRCBs from the PRC, Malaysia, and Thailand would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Polyethylene Retail Carrier Bags From China, Malaysia, and Thailand; Determinations, 75 FR 36679 (June 28, 2010), and ITC Publication 4160 (June 2010) entitled Polyethylene Retail Carrier Bags from China, Malaysia, and Thailand: Inv. Nos. 731–TA–1043–1045 (Review). Scopes of the Orders The merchandise subject to the antidumping duty orders is PRCBs which may be referred to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The subject merchandise is defined as nonsealable sacks and bags with handles (including drawstrings), without zippers or integral extruded closures, with or without 1 On August 9, 2004, the Department published the following antidumping duty orders: Antidumping Duty Order: Polyethylene Retail Carrier Bags From the People’s Republic of China, 69 FR 48201 (August 9, 2004); Antidumping Duty Order: Polyethylene Retail Carrier Bags From Malaysia, 69 FR 48203 (August 9, 2004); Antidumping Duty Order: Polyethylene Retail Carrier Bags From Thailand, 69 FR 48204 (August 9, 2004). E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices cprice-sewell on DSK8KYBLC1PROD with NOTICES 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 scopes of the orders exclude (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 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 descriptions of the scopes of the orders are dispositive. Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of these antidumping duty orders would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty orders on PRCBs from the PRC, Malaysia, and Thailand. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. These five-year sunset reviews and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. VerDate Mar<15>2010 15:28 Jul 06, 2010 Jkt 220001 38979 [FR Doc. 2010–16510 Filed 7–6–10; 8:45 am] Dated: June 30, 2010. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. BILLING CODE 3510–DS–P [FR Doc. 2010–16497 Filed 7–6–10; 8:45 am] Dated: June 30, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Import Administration. BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Foreign-Trade Zones Board RIN 0648–XU50 [Order No. 1691] Endangered and Threatened Species; Initiation of a 5–Year Review of the Eastern Distinct Population Segment of the Steller Sea Lion Expansion/Reorganization of ForeignTrade Zone 204, Tri-Cities Area, TN/VA AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; correction. SUMMARY: NMFS published a notice on June 29, 2010, announcing the initiation of a 5–year review of the eastern Distinct Population Segment (DPS) of the Steller Sea Lion (Eumetopias jubatus) under the Endangered Species Act of 1973, as amended (ESA) and requesting information related to that review. The document contained incorrect information about the email address and fax number to which comments and information should be sent. DATES: This correction is effective July 7, 2010. FOR FURTHER INFORMATION CONTACT: Dr. Lisa Rotterman (907–271–1692), lisa.rotterman@noaa.gov. SUPPLEMENTARY INFORMATION: Background On June 29, 2010, NMFS published a notice of initiation of a 5–year review for the eastern Distinct Population Segment of the Steller sea lion (75 FR 37385). NMFS inadvertently gave incorrect e-mail and fax information. The correct email is ssldps@noaa.gov and the correct fax number is 907–586– 7557. It is requested that all information be sent to the corrected e-mail or fax, although information sent to the e-mail and fax in the previous notice will be accepted. On page 37386, first column under ADDRESSES, the correct email address is ssldps@noaa.gov and the correct fax number is 907–586–7557. PO 00000 Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Tri-Cities Airport Commission, grantee of Foreign-Trade Zone 204, submitted an application to the Board for authority to expand FTZ 204 to include a site in Bristol, Tennessee, adjacent to the Tri-Cities Customs and Border Protection port of entry (FTZ Docket 13–2010, filed February 24, 2010); Whereas, notice inviting public comment has been given in the Federal Register (75 FR 12731, 3/17/2010) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby orders: The application to expand FTZ 204 is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.28, and to the Board’s standard 2,000-acre activation limit for the overall general-purpose zone project, and further subject to a sunset provision that would terminate authority on June 30, 2015 for Sites 1, 2, 3, 4, 6, 7, 8, and 9; and June 30, 2017 for Site 11 where no activity has occurred under FTZ procedures before that date. Authority: 16 U.S.C. 1531 et seq. Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38978-38979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16510]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-886, A-557-813, A-549-821]


Polyethylene Retail Carrier Bags From the People's Republic of 
China, Malaysia, and Thailand: Continuation of Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Department) and the International Trade Commission (ITC) that 
revocation of the antidumping duty orders on polyethylene retail 
carrier bags (PRCBs) from the People's Republic of China (PRC), 
Malaysia, and Thailand would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, the Department is publishing a notice of continuation of the 
antidumping duty orders.

DATES: Effective Date: July 7, 2010.

FOR FURTHER INFORMATION CONTACT: Dustin Ross 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-
0747 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2009, the Department initiated and the ITC instituted 
sunset reviews of the antidumping duty orders on PRCBs from the PRC, 
Malaysia, and Thailand \1\ pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (the Act). See Initiation of Five-year (``Sunset'') 
Review, 74 FR 31412 (July 1, 2009); see also Polyethylene Retail 
Carrier Bags From China, Malaysia, and Thailand, 74 FR 31750 (July 2, 
2009).
---------------------------------------------------------------------------

    \1\ On August 9, 2004, the Department published the following 
antidumping duty orders: Antidumping Duty Order: Polyethylene Retail 
Carrier Bags From the People's Republic of China, 69 FR 48201 
(August 9, 2004); Antidumping Duty Order: Polyethylene Retail 
Carrier Bags From Malaysia, 69 FR 48203 (August 9, 2004); 
Antidumping Duty Order: Polyethylene Retail Carrier Bags From 
Thailand, 69 FR 48204 (August 9, 2004).
---------------------------------------------------------------------------

    As a result of these sunset reviews, the Department determined that 
revocation of the antidumping duty orders on PRCBs from the PRC, 
Malaysia, and Thailand would be likely to lead to continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail should the orders be revoked. See 
Polyethylene Retail Carrier Bags From the People's Republic of China, 
Thailand, and Malaysia: Final Results of the Expedited Sunset Reviews 
of the Antidumping Duty Orders, 74 FR 53470 (October 19, 2009).
    On June 8, 2010, pursuant to section 752(a) of the Act, the ITC 
determined that revocation of the antidumping duty orders on PRCBs from 
the PRC, Malaysia, and Thailand would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Polyethylene Retail Carrier 
Bags From China, Malaysia, and Thailand; Determinations, 75 FR 36679 
(June 28, 2010), and ITC Publication 4160 (June 2010) entitled 
Polyethylene Retail Carrier Bags from China, Malaysia, and Thailand: 
Inv. Nos. 731-TA-1043-1045 (Review).

Scopes of the Orders

    The merchandise subject to the antidumping duty orders is PRCBs 
which may be referred to as t-shirt sacks, merchandise bags, grocery 
bags, or checkout bags. The subject merchandise is defined as 
nonsealable sacks and bags with handles (including drawstrings), 
without zippers or integral extruded closures, with or without

[[Page 38979]]

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 scopes of the orders exclude (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 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 descriptions of the scopes of the 
orders are dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of these antidumping duty orders would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on PRCBs from the PRC, Malaysia, and Thailand.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of 
continuation of these orders will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, the Department intends to initiate the next five-
year review of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: June 30, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-16510 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-P