Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review, 61128-61130 [2010-24837]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61128-61130]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24837]


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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 June 15, 2010, the Department published its preliminary 
results of the administrative review of the antidumping duty order on 
polyethylene retail carrier bags (PRCBs) from Malaysia. The review 
covers one manufacturer/exporter. The period of review is August 1, 
2008, through July 31, 2009.
    We gave interested parties an opportunity to comment on the 
preliminary results. We have made no 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 the Review'' section of this 
notice.

DATES: Effective Date: October 4, 2010.

[[Page 61129]]


FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Yang 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 or (202) 482-5760, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 15, 2010, 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, 75 FR 33772 (June 15, 2010) (Preliminary 
Results). Although we received comments from interested parties, those 
comments are no longer on the record of the review. See ``Return of 
Comments'' section below.
    We have conducted this review in accordance with section 751(a) of 
the Tariff Act, as amended (the Act).

Scope of the Order

    The merchandise subject to the 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.

Return of Comments

    On July 15, 2010, Target Corporation (Target), an importer of 
subject merchandise, filed a case brief. On July 16, 2010, Target filed 
a correction letter with respect to its July 15, 2010, case brief. On 
July 20, 2010, the petitioners \1\ filed a rebuttal brief.
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    \1\ The Polyethylene Retail Carrier Bag Committee and its 
individual members, Hilex Poly Co., LLC, and Superbag Corporation.
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    On August 4, 2010, we returned the July 15, 2010, case brief and 
July 16, 2010, correction letter to Target in accordance with 19 CFR 
351.302(d) (see August 4, 2010, letter to Target). In our letter to 
Target, we stated that its case brief contained unsolicited and 
untimely new factual information and that we will not rely on the new 
factual information in the case brief and correction letter in making 
our final determination. See 19 CFR 351.104(a)(2). Accordingly, we 
provided Target an opportunity to refile its case brief omitting the 
new factual information. The deadline for Target to resubmit its case 
brief was August 10, 2010.
    On August 5, 2010, we returned the July 20, 2010, rebuttal brief to 
the petitioners because in it they had referred to the new factual 
information Target raised improperly in its case brief and correction 
letter (see August 5, 2010, letter to the petitioners). In our letter, 
we provided the petitioners an opportunity to refile their rebuttal 
brief omitting the new factual information. The deadline for the 
petitioners to resubmit their rebuttal brief was August 11, 2010.
    Target did not submit a revised case brief by the August 10 
deadline. The petitioners did not submit a revised rebuttal brief by 
the August 11 deadline. See Memorandum to the File dated August 19, 
2010.

Changes Since the Preliminary Results

    Because the interested parties in this administrative review did 
not refile their respective case or rebuttal briefs, there are no 
comments to address concerning the Department's determination in the 
Preliminary Results. Therefore, we have made no changes to our 
determination to apply adverse facts available, as discussed in the 
Preliminary Results (75 FR at 33773-74), to Euro Plastics Malaysia Sdn. 
Bhd. (Euro Plastics).

Final Results of the Review

    As a result of our review, we determine that a weighted-average 
dumping margin of 101.74 percent exists for Euro Plastics for the 
period August 1, 2008, through July 31, 2009.

Assessment Rates

    Because we are relying on total adverse facts available to 
establish the dumping margin for Euro Plastics, we will instruct U.S. 
Customs and Border Protection (CBP) to apply a dumping margin of 101.74 
percent to all entries of PRCBs from Malaysia that were produced and/or 
exported by Euro Plastics and entered, or withdrawn from warehouse, for 
consumption during the period of review.
    The Department intends to issue appropriate assessment instructions 
to CBP 15 days after publication of these final results of review.

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of PRCBs from Malaysia entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash-deposit rate 
for Euro Plastics will be 101.74 percent; (2) for other previously 
reviewed or investigated companies, the cash-deposit rate will continue 
to be the company-specific rate published for the most recent period; 
(3) if the exporter is not a firm covered in this review, a prior 
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 established in the 
Notice of Final Determination of Sales at Less Than Fair Value: 
Polyethylene Retail Carrier Bags From Malaysia, 69 FR 34128 (June 18, 
2004). These deposit requirements shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant

[[Page 61130]]

entries during the period of review. 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 APO

    This notice also serves as a reminder to parties subject to the 
administrative protective order (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 
and 19 CFR 351.221(b)(5).

    Dated: September 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-24837 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-P