Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Polyethylene Retail Carrier Bags From Thailand, 48940-48941 [2010-19943]

Download as PDF 48940 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–549–821] Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Polyethylene Retail Carrier Bags From Thailand Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 28, 2010, the U.S. Trade Representative (USTR) instructed the Department of Commerce (the Department) to implement its determination under section 129 of the Uruguay Round Agreements Act (URAA) regarding the investigation of polyethylene retail carrier bags from Thailand. The Department issued its determination on June 29, 2010, regarding the offsetting of dumped comparisons with non-dumped comparisons when making average-toaverage comparisons of export price and normal value in the investigation challenged by Thailand before the World Trade Organization (WTO) in United States—Antidumping Measure on Polyethylene Retail Carrier Bags from Thailand. The Department is now implementing this determination. DATES: Effective Date: July 28, 2010. FOR FURTHER INFORMATION CONTACT: Thomas Schauer 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) 482–0410, or (202) 482–4477, respectively. SUPPLEMENTARY INFORMATION: AGENCY: jlentini on DSKJ8SOYB1PROD with NOTICES Background On April 27, 2010, the Department informed interested parties that it was initiating a proceeding under section 129 of the URAA to issue a determination that would implement the findings of the WTO dispute settlement panel in United States— Antidumping Measure on Polyethylene Retail Carrier Bags from Thailand, WT/ DS383/R (February 18, 2010). On April 27, 2010, the Department issued the memorandum entitled ‘‘Preliminary Results Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Polyethylene Retail Carrier Bags from Thailand’’ (Preliminary Results) in which it recalculated the weighted-average VerDate Mar<15>2010 16:22 Aug 11, 2010 Jkt 220001 dumping margins from the antidumping investigation of polyethylene retail carrier bags from Thailand 1 by applying the calculation methodology described in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin During an Antidumping Investigation; Final Modification, 71 FR 77722 (December 27, 2006). The Department also invited interested parties to comment on the Preliminary Results. After receiving comments and rebuttal comments from the interested parties, the Department issued its final results for the section 129 determination on June 29, 2010. See the June 29, 2010, memorandum entitled ‘‘Issues and Decision Memorandum for the Final Results of the Proceeding Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Polyethylene Retail Carrier Bags from Thailand’’ (Issues and Decision Memorandum). In its July 28, 2010, letter, the USTR notified the Department that, consistent with section 129(b)(3) of the URAA, the USTR had held consultations with the Department and the appropriate congressional committees with respect to the June 29, 2010, determination. On July 28, 2010, in accordance with section 129(b)(4) of the URAA, the USTR directed the Department to implement this determination. Nature of the Proceeding Section 129 of the URAA governs the nature and effect of determinations issued by the Department to implement findings by WTO dispute settlement panels and the Appellate Body. Specifically, section 129(b)(2) of the URAA provides that, ‘‘notwithstanding any provision of the Tariff Act of 1930,’’ within 180 days of a written request from the USTR, the Department shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) (SAA), variously refers to such a determination by the Department as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ determination. See SAA at 1025, 1027. After consulting with the Department and the appropriate congressional committees, the USTR may direct the Department to implement, in whole or in part, the new 1 See Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From Thailand, 69 FR 34122 (June 18, 2004), as amended in Notice of Amended Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From Thailand, 69 FR 42419 (July 15, 2004). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 determination made under section 129 of the URAA. See 19 U.S.C. 3538(b)(4). Pursuant to section 129(c) of the URAA, the new determination shall apply with respect to unliquidated entries of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the date on which the USTR directs the Department to implement the new determination. See 19 U.S.C. 3538(c). The new determination is subject to judicial review separate and apart from judicial review of the Department’s original determination. See 19 U.S.C. 1516a(a)(2)(B)(vii). Analysis of Comments Received The issues raised in the case and rebuttal briefs submitted by interested parties to this proceeding are addressed in the Issues and Decision Memorandum dated June 29, 2010, which is hereby adopted by this notice. The Issues and Decision Memorandum is on file in the Central Records Unit (CRU), room 1117 of the main Department of Commerce building, and can be accessed directly at http:// ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. Final Antidumping Duty Margins The recalculated margins, unchanged from the Preliminary Results, are as follows: • The margin for Thai Plastic Bags Industries Co., Ltd., Winner’s Pack Co., Ltd., and APEC Film Ltd. (collectively TPBI), decreases from 2.26 percent to zero. • The margin for Advance Polybag Inc., Alpine Plastics Inc., API Enterprises Inc., and Universal Polybag Co., Ltd. (collectively Universal), decreases from 5.35 percent to 4.69 percent. • The margins for Champion Paper Polybags Ltd., TRC Polypack, and ZipPac Co., Ltd., remain 122.88 percent. • Because the margin for Universal is the only margin that is neither de minimis nor based wholly on adverse facts available, the all-others rate is based on the margin for Universal consistent with section 735(c)(5)(A) of the Tariff Act of 1930, as amended. Therefore, the all-others rate changes from 2.80 percent to 4.69 percent. Implementation of Partial Revocation and Recalculated Margins Upon recalculation, TPBI does not have a dumping margin. Therefore, the E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices Department is revoking the order with respect to TPBI effective July 28, 2010, the date upon which USTR directed the Department to implement its final results. Accordingly, we will instruct U.S. Customs and Border Protection (CBP) to liquidate without regard to antidumping duties entries of the subject merchandise manufactured and exported by TPBI which were entered, or withdrawn from warehouse, for consumption on or after that date and to discontinue the collection of cash deposits for estimated antidumping duties for merchandise manufactured and exported by TPBI. We will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all other exporters or producers. We will instruct CBP to continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension-ofliquidation instructions will remain in effect until further notice. The all-others rate of 4.69 percent established in this section 129 determination will be the new cash-deposit rate on or after July 28, 2010, for all exporters of subject merchandise for which the Department has not calculated an individual rate. This determination is issued and published in accordance with section 129(c)(2)(A) of the URAA. Dated: August 5, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I Issues Raised in the Issues and Decision Memorandum 1. Targeted Dumping. 2. All-Others Rate. 3. Effective Date. [FR Doc. 2010–19943 Filed 8–11–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XY04 jlentini on DSKJ8SOYB1PROD with NOTICES General Advisory Committee to the U.S. Section to the Inter–American Tropical Tuna Commission; Meeting Announcement National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: NMFS announces a meeting of the General Advisory Committee and SUMMARY: VerDate Mar<15>2010 16:22 Aug 11, 2010 Jkt 220001 the Scientific Advisory Subcommittee to the U.S. Section to the Inter–American Tropical Tuna Commission (IATTC) on September 17, 2010. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. DATES: The meeting will be held on September 17, 2010, from 9 a.m. to 5 p.m. PDT (or until business is concluded). ADDRESSES: The meeting will be held in the Large Conference Room (Room 370) at NMFS, Southwest Fisheries Science Center, 3333 North Torrey Pines Court, La Jolla, California, 92037–1023. Please notify Heidi Hermsmeyer prior to September 10, 2010, of your plans to attend the meeting, or interest in a teleconference option. FOR FURTHER INFORMATION CONTACT: Heidi Hermsmeyer, Southwest Region, NMFS at Heidi.Hermsmeyer@noaa.gov, or at (562) 980–4036. SUPPLEMENTARY INFORMATION: In accordance with the Tuna Conventions Act, as amended, the Department of State has appointed a General Advisory Committee (GAC) and a Scientific Advisory Subcommittee (SAS) to the U.S. Section to the IATTC. The U.S. Section consists of four U.S. Commissioners to the IATTC and a representative of the Deputy Assistant Secretary of State for Oceans and Fisheries. The advisory bodies support the work of the U.S. Section in an advisory capacity with respect to U.S. participation in the work of the IATTC, with particular reference to the development of policies and negotiating positions pursued at meetings of the IATTC. NMFS, Southwest Region, administers the GAC and SAS in cooperation with the Department of State. Meeting Topics The meeting topics will include, but are not limited to, the following: (1) updates from the IATTC scientific staff on issues such as the status of tropical tuna stocks and conservation recommendations; (2) updates on other international agreements in the Pacific Ocean such as the Western and Central Pacific Fisheries Commission; (3) regulatory changes that could affect tuna fisheries in the eastern Pacific Ocean; (4) the status of Antigua Convention implementing legislation; (5) input and advice from the advisory bodies on issues that may arise at the upcoming AIDCP/IATTC meetings in September 2010, including, but not limited to, potential U.S. proposals, potential proposals from other IATTC members, the potential for an albacore working group, and potential revisions to IATTC PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 48941 Resolution C–09–01; (6) relevant changes in personnel and responsibilities at NOAA and the U.S. Department of State; and (7) other issues as they arise. Special Accommodations The meeting location is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Heidi Hermsmeyer at (562) 980–4036 by September 10, 2010. Authority: 16 U.S.C. 1801 et seq. Dated: August 6, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–19954 Filed 8–11–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XY07 Takes of Marine Mammals Incidental to Specified Activities; Piling and Structure Removal in Woodard Bay Natural Resources Conservation Area, Washington National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments. AGENCY: NMFS has received an application from the Washington State Department of Natural Resources (DNR) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to derelict creosote piling and structure removal within the Woodard Bay Natural Resources Conservation Area (NRCA). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the DNR to incidentally harass, by Level B Harassment only, harbor seals during the specified activity. DATES: Comments and information must be received no later than September 13, 2010. ADDRESSES: Comments on the application should be addressed to Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastSUMMARY: E:\FR\FM\12AUN1.SGM 12AUN1

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[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Notices]
[Pages 48940-48941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19943]



[[Page 48940]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Notice of Implementation of Determination Under Section 129 of 
the Uruguay Round Agreements Act and Partial Revocation of the 
Antidumping Duty Order on Polyethylene Retail Carrier Bags From 
Thailand

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

SUMMARY: On July 28, 2010, the U.S. Trade Representative (USTR) 
instructed the Department of Commerce (the Department) to implement its 
determination under section 129 of the Uruguay Round Agreements Act 
(URAA) regarding the investigation of polyethylene retail carrier bags 
from Thailand. The Department issued its determination on June 29, 
2010, regarding the offsetting of dumped comparisons with non-dumped 
comparisons when making average-to-average comparisons of export price 
and normal value in the investigation challenged by Thailand before the 
World Trade Organization (WTO) in United States--Antidumping Measure on 
Polyethylene Retail Carrier Bags from Thailand. The Department is now 
implementing this determination.

DATES: Effective Date: July 28, 2010.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer 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-
0410, or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2010, the Department informed interested parties that 
it was initiating a proceeding under section 129 of the URAA to issue a 
determination that would implement the findings of the WTO dispute 
settlement panel in United States--Antidumping Measure on Polyethylene 
Retail Carrier Bags from Thailand, WT/DS383/R (February 18, 2010). On 
April 27, 2010, the Department issued the memorandum entitled 
``Preliminary Results Under Section 129 of the Uruguay Round Agreements 
Act: Antidumping Measures on Polyethylene Retail Carrier Bags from 
Thailand'' (Preliminary Results) in which it recalculated the weighted-
average dumping margins from the antidumping investigation of 
polyethylene retail carrier bags from Thailand \1\ by applying the 
calculation methodology described in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin During an 
Antidumping Investigation; Final Modification, 71 FR 77722 (December 
27, 2006). The Department also invited interested parties to comment on 
the Preliminary Results. After receiving comments and rebuttal comments 
from the interested parties, the Department issued its final results 
for the section 129 determination on June 29, 2010. See the June 29, 
2010, memorandum entitled ``Issues and Decision Memorandum for the 
Final Results of the Proceeding Under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Measures on Polyethylene Retail Carrier 
Bags from Thailand'' (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Polyethylene Retail Carrier Bags From Thailand, 69 FR 34122 
(June 18, 2004), as amended in Notice of Amended Final Determination 
of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags 
From Thailand, 69 FR 42419 (July 15, 2004).
---------------------------------------------------------------------------

    In its July 28, 2010, letter, the USTR notified the Department 
that, consistent with section 129(b)(3) of the URAA, the USTR had held 
consultations with the Department and the appropriate congressional 
committees with respect to the June 29, 2010, determination. On July 
28, 2010, in accordance with section 129(b)(4) of the URAA, the USTR 
directed the Department to implement this determination.

Nature of the Proceeding

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) of the URAA provides that, ``notwithstanding any provision of 
the Tariff Act of 1930,'' within 180 days of a written request from the 
USTR, the Department shall issue a determination that would render its 
actions not inconsistent with an adverse finding of a WTO panel or the 
Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of 
Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) 
(SAA), variously refers to such a determination by the Department as a 
``new,'' ``second,'' and ``different'' determination. See SAA at 1025, 
1027. After consulting with the Department and the appropriate 
congressional committees, the USTR may direct the Department to 
implement, in whole or in part, the new determination made under 
section 129 of the URAA. See 19 U.S.C. 3538(b)(4). Pursuant to section 
129(c) of the URAA, the new determination shall apply with respect to 
unliquidated entries of the subject merchandise that are entered, or 
withdrawn from warehouse, for consumption on or after the date on which 
the USTR directs the Department to implement the new determination. See 
19 U.S.C. 3538(c). The new determination is subject to judicial review 
separate and apart from judicial review of the Department's original 
determination. See 19 U.S.C. 1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties to this proceeding are addressed in the Issues and 
Decision Memorandum dated June 29, 2010, which is hereby adopted by 
this notice. The Issues and Decision Memorandum is on file in the 
Central Records Unit (CRU), room 1117 of the main Department of 
Commerce building, and can be accessed directly at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content. A list of 
the issues addressed in the Issues and Decision Memorandum is appended 
to this notice.

Final Antidumping Duty Margins

    The recalculated margins, unchanged from the Preliminary Results, 
are as follows:
     The margin for Thai Plastic Bags Industries Co., Ltd., 
Winner's Pack Co., Ltd., and APEC Film Ltd. (collectively TPBI), 
decreases from 2.26 percent to zero.
     The margin for Advance Polybag Inc., Alpine Plastics Inc., 
API Enterprises Inc., and Universal Polybag Co., Ltd. (collectively 
Universal), decreases from 5.35 percent to 4.69 percent.
     The margins for Champion Paper Polybags Ltd., TRC 
Polypack, and Zip-Pac Co., Ltd., remain 122.88 percent.
     Because the margin for Universal is the only margin that 
is neither de minimis nor based wholly on adverse facts available, the 
all-others rate is based on the margin for Universal consistent with 
section 735(c)(5)(A) of the Tariff Act of 1930, as amended. Therefore, 
the all-others rate changes from 2.80 percent to 4.69 percent.

Implementation of Partial Revocation and Recalculated Margins

    Upon recalculation, TPBI does not have a dumping margin. Therefore, 
the

[[Page 48941]]

Department is revoking the order with respect to TPBI effective July 
28, 2010, the date upon which USTR directed the Department to implement 
its final results. Accordingly, we will instruct U.S. Customs and 
Border Protection (CBP) to liquidate without regard to antidumping 
duties entries of the subject merchandise manufactured and exported by 
TPBI which were entered, or withdrawn from warehouse, for consumption 
on or after that date and to discontinue the collection of cash 
deposits for estimated antidumping duties for merchandise manufactured 
and exported by TPBI.
    We will instruct CBP to continue to suspend liquidation of all 
entries of subject merchandise from all other exporters or producers. 
We will instruct CBP to continue to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price. The 
suspension-of-liquidation instructions will remain in effect until 
further notice. The all-others rate of 4.69 percent established in this 
section 129 determination will be the new cash-deposit rate on or after 
July 28, 2010, for all exporters of subject merchandise for which the 
Department has not calculated an individual rate.
    This determination is issued and published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: August 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Issues Raised in the Issues and Decision Memorandum

    1. Targeted Dumping.
    2. All-Others Rate.
    3. Effective Date.

[FR Doc. 2010-19943 Filed 8-11-10; 8:45 am]
BILLING CODE 3510-DS-P