Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review, 12700-12702 [2011-5267]

Download as PDF 12700 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Notices required for redistricting purposes in February 2011 and will complete this delivery by the statutory deadline of March 31, 2011. The Census Bureau will not change the data in these products to reflect the results of CQR challenges. The Census Bureau will not incorporate CQR corrections into any 2010 Census data products. The planned CQR Program allows the Census Bureau to maintain consistency between data products while maintaining the schedule for timely release of the data. However, the Census Bureau will issue revised, certified population and housing unit counts for the affected governmental unit(s), maintain a list of CQR corrected geographic areas on the American Factfinder, and/or other Census Bureau URL locations, and will incorporate any corrections into its Postcensal Estimates Program beginning in December 2012. Executive Orders This notice has been determined to be not significant for purposes of Executive Order (E.O.) 12866. This program does not contain policies with federalism implications sufficient to warrant preparation of a federalism assessment under E.O. 13132. Paperwork Reduction Act Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act (PRA), 44 U.S.C., Chapter 35, unless that collection of information displays a current valid OMB control number. In accordance with the PRA, OMB approved the CQR Program on February 22, 2011, under control number 0607–0879. The estimated burden hours are 7,800. Dated: March 2, 2011. Robert M. Groves, Director, Bureau of the Census. [FR Doc. 2011–5217 Filed 3–7–11; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration srobinson on DSKHWCL6B1PROD with NOTICES DEPARTMENT OF THE INTERIOR Allocation of Duty-Exemptions for Calendar Year 2011 for Watch Producers Located in the United States Virgin Islands Import Administration, International Trade Administration, Department of Commerce; Office of AGENCY: VerDate Mar<15>2010 19:12 Mar 07, 2011 Jkt 223001 Insular Affairs, Department of the Interior. ACTION: Program producer Notice. This action allocates calendar year 2011 duty exemptions for watch assembly producers (‘‘program producers’’) located in the United States Virgin Islands (‘‘USVI’’) pursuant to Public Law 97–446, as amended by Public Law 103–465, Public Law 106–36 and Public Law 108–429 (‘‘the Act’’). SUMMARY: FOR FURTHER INFORMATION CONTACT: Supriya Kumar, Subsidies Enforcement Office; phone number: (202) 482–3530; fax number: (202) 501–7952; and e-mail address: Supriya.Kumar@trade.gov. Pursuant to the Act, the Departments of the Interior and Commerce (‘‘the Departments’’) share responsibility for the allocation of duty exemptions among program producers in the United States insular possessions and the Northern Mariana Islands. In accordance with Section 303.3(a) of the regulations (15 CFR 303.3(a)), the total quantity of duty-free insular watches and watch movements for calendar year 2011 is 1,866,000 units for the USVI. This amount was established in Changes in Watch, Watch Movement and Jewelry Program for the U.S. Insular Possessions, 65 FR 8048 (February 17, 2000). There are currently no program producers in Guam, American Samoa or the Northern Mariana Islands. The criteria for the calculation of the calendar year 2011 duty-exemption allocations among program producers within a particular territory are set forth in Section 303.14 of the regulations (15 CFR 303.14). The Departments have verified and, where appropriate, adjusted the data submitted in application form ITA–334P by USVI program producers and have inspected these producers’ operations in accordance with Section 303.5 of the regulations (15 CFR 303.5). In calendar year 2010, USVI program producers shipped 63,990 watches and watch movements into the customs territory of the United States under the Act. The dollar amount of corporate income taxes paid by USVI program producers during calendar year 2010, and the creditable wages and benefits paid by these producers during calendar year 2010 to residents of the territory was a combined total of $1,214,003. The calendar year 2011 USVI annual duty exemption allocations, based on the data verified by the Departments, are as follows: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Annual allocation Belair Quartz, Inc. ..................... 500,000 The balance of the units allocated to the USVI is available for new entrants into the program or existing program producers who request a supplement to their allocation. Carole Showers, Director, Office of Policy, Import Administration, International Trade Administration, Department of Commerce. Dated: March 1, 2011. Nikolao Pula, Director of Office of Insular Affairs, Department of the Interior. [FR Doc. 2011–5129 Filed 3–7–11; 8:45 am] BILLING CODE 3510–DS–M; 4310–93–M DEPARTMENT OF COMMERCE International Trade Administration [A–549–821] Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 2, 2010, the Department of Commerce published the preliminary results of the 2008/2009 administrative review of the antidumping duty order on polyethylene retail carrier bags from Thailand. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received and an examination of our calculations, we have made certain changes for the final results. The final weighted-average dumping margins for the respondents are listed below in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: March 8, 2011. 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: Background On September 2, 2010, the Department of Commerce (the Department) published Polyethylene E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Notices Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 53953 (September 2, 2010) (Preliminary Results), in the Federal Register. The administrative review covers C.P. Packaging Co., Ltd. (C.P. Packaging), Giant Pack Co., Ltd. (Giant), Sahachit Watana Plastics Ind. Co., Ltd. (Sahachit Watana), Thai Plastic Bags Industries Co., Ltd. (TPBI), and Thantawan Industry Public Co., Ltd. (Thantawan).1 The Department has determined previously that TPBI, Apec Film Ltd., and Winner’s Pack Co., Ltd., comprise the Thai Plastic Bags Group. See Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From Thailand, 69 FR 34122, 34123 (June 18, 2004). The period of review is August 1, 2008, through July 31, 2009. We invited parties to comment on the Preliminary Results. On December 10, 2010, we received case briefs from the Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, and Superbag Corporation (collectively, the petitioners), and from TPBI. On December 15, 2010, we received rebuttal briefs from the petitioners and from TPBI. We did not hold a hearing as the only request for a hearing was withdrawn. See the petitioners’ letter dated December 20, 2010. We have conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order srobinson on DSKHWCL6B1PROD with NOTICES The merchandise subject to the antidumping duty order is polyethylene retail carrier bags (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 but not longer than 40 inches (101.6 cm). 1 We had originally selected Landblue (Thailand) Co., Ltd. (Landblue), and TPBI for individual examination in this review (see Memorandum to Laurie Parkhill dated October 15, 2009), but subsequently we rescinded the review in part with respect to Landblue. See Polyethylene Retail Carrier Bags From Thailand: Rescission of Antidumping Duty Administrative Review in Part, 75 FR 34699 (June 18, 2010). VerDate Mar<15>2010 19:12 Mar 07, 2011 Jkt 223001 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). 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 Comments Received All issues raised in the case briefs by parties to this review are addressed in the Issues and Decision Memorandum for the Antidumping Duty Administrative Review of Polyethylene Retail Carrier Bags From Thailand for the Period of Review August 31, 2008, through July 31, 2009 (Decision Memo), which is dated concurrently with this notice and 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 Department’s Central Records Unit (CRU) of the main Commerce building, Room 7046, and is accessible on the Web at https:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memo are identical in content. 12701 Changes Since the Preliminary Results We made the following changes to our calculation of TPBI’s margin for the final results: (1) We revised our calculations of the cost of production and constructed value for TPBI to include exempted import duties, (2) we revised the general and administrative expenses of TPBI to include certain expenses, (3) we corrected a clerical error whereby we inadvertently used only 14 of the 15 physical characteristics in matching models across markets, and (4) we corrected a clerical error by using the correct quantity variable. See the memorandum to the file entitled ‘‘Polyethylene Retail Carrier Bags From Thailand—Thai Plastic Bags Industries Co., Ltd., Final Results Analysis Memorandum’’ dated concurrently with this notice for details regarding these changes. Sales Below Cost in the Home Market As explained in the Preliminary Results, 75 FR at 53954, in accordance with section 773(b) of the Act, the Department tested whether TPBI made sales at prices below the cost of production. For these final results of review and based on the statutory criteria concerning below-cost sales, the Department disregarded home-market sales by TPBI that failed the cost-ofproduction test. Final Results of Review As a result of our review, we determine that the following percentage weighted-average dumping margins exist for PRCBs from Thailand for the period August 1, 2008, through July 31, 2009: Producer/Exporter Percent margin Non-Selected Companies TPBI ................................................ C.P. Packaging Co., Ltd. ................ Giant Pack Co., Ltd. ....................... Sahachit Watana Plastics Ind. Co., Ltd. .............................................. Thantawan Industry Public Co., Ltd. .............................................. As discussed in the Preliminary Results, 75 FR at 53954, we preliminarily determined to apply the weighted-average margin of TPBI, the sole remaining company as selected for individual examination, for the following companies: C.P. Packaging, Giant, Sahachit Watana, and Thantawan. We received no comments on the use of TPBI’s rate. Therefore, for these final results of review, we have applied the rate we have calculated for TPBI to the companies named above which were not selected for individual examination. Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. We calculated importer/customerspecific duty-assessment amounts with respect to export-price sales by TPBI in the following manner. We divided the total dumping margins (calculated as the difference between normal value and the export price) for each importer or customer by the total number of kilograms TPBI sold to that importer or PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1 20.15 20.15 20.15 20.15 20.15 12702 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Notices srobinson on DSKHWCL6B1PROD with NOTICES customer. We will direct CBP to assess the resulting per-kilogram dollar amount against each kilogram of merchandise on each of that importer’s or customer’s entries during the period of review. See 19 CFR 351.212(b)(1). The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the period of review produced by TPBI for which it did not know that the merchandise it sold to an intermediary (e.g., a reseller, trading company, or exporter) 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 intermediary(ies) involved in the transaction. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). For the companies which were not selected for individual examination, we will instruct CBP to apply the rates listed above to all entries of subject merchandise produced and/or exported by such firms. We intend to issue liquidation instructions to CBP 15 days after publication of these 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 the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, consistent with section 751(a)(1) of the Act: (1) The cashdeposit rates for the reviewed companies will be the rates shown above; (2) for previously investigated or reviewed companies not listed above, 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 or a previous review or the original lessthan-fair-value (LTFV) 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) the cash-deposit rate for all other manufacturers or exporters will be 4.69 percent, the allothers rate from the amended final determination of the LTFV investigation as revised as a result of the Section 129 determination published on August 12, 2010. See 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 VerDate Mar<15>2010 19:12 Mar 07, 2011 Jkt 223001 Carrier Bags From Thailand, 75 FR 48940 (August 12, 2010). These deposit requirements shall remain in effect until further notice. Notification Requirements This notice serves as a 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 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 Id. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition 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 the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: March 1, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix 1. Conversion-Cost Reallocation. 2. Affiliated-Party Inputs. 3. Blue Corner Rebates. 4. Zeroing. 5. Duties in Cost of Production and Constructed Value. 6. General and Administrative Expenses. 7. Ministerial Errors and Other Issues. [FR Doc. 2011–5267 Filed 3–7–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–818; C–560–806; C–475–827; C– 580–837] Certain Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, Italy, and the Republic of Korea: Final Results of Expedited Sunset Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 1, 2010, the Department of Commerce (‘‘the AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Department’’) initiated the second sunset reviews of the countervailing duty (‘‘CVD’’) orders on certain cut-tolength carbon-quality steel plate from India, Indonesia, Italy, and the Republic of Korea (‘‘Korea’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of notices of intent to participate and adequate substantive responses filed on behalf of the domestic interested parties and inadequate response from respondent interested parties (in these cases, no response), the Department conducted expedited sunset reviews of these CVD orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of these sunset reviews, the Department finds that revocation of the CVD orders would be likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ‘‘Final Results of Reviews’’ section of this notice. Effective Date: March 8, 2011. Eric Greynolds, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–6071. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background On November 1, 2010, the Department initiated a sunset review of the CVD orders on certain cut-to-length carbonquality steel plate from India, Indonesia, Italy, and Korea pursuant to section 751(c) of the Act. See Initiation of FiveYear (‘‘Sunset’’) Review, 75 FR 67082 (November 1, 2010). The Department received a notice of intent to participate in each of these reviews from the following domestic interested parties: Nucor Corporation, ArcelorMittal USA, Evraz NA Claymont, Evraz NA Oregon Steel Mills, and SSAB N.A.D. (collectively, ‘‘domestic interested parties’’) within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act. The Department received adequate substantive responses collectively from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department did not receive a substantive response from any government or respondent interested party to these proceedings. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Pages 12700-12702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5267]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


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

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

SUMMARY: On September 2, 2010, the Department of Commerce published the 
preliminary results of the 2008/2009 administrative review of the 
antidumping duty order on polyethylene retail carrier bags from 
Thailand. We gave interested parties an opportunity to comment on the 
preliminary results. Based on our analysis of the comments received and 
an examination of our calculations, we have made certain changes for 
the final results. The final weighted-average dumping margins for the 
respondents are listed below in the ``Final Results of Review'' section 
of this notice.

DATES: Effective Date: March 8, 2011.

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 September 2, 2010, the Department of Commerce (the Department) 
published Polyethylene

[[Page 12701]]

Retail Carrier Bags From Thailand: Preliminary Results of Antidumping 
Duty Administrative Review, 75 FR 53953 (September 2, 2010) 
(Preliminary Results), in the Federal Register. The administrative 
review covers C.P. Packaging Co., Ltd. (C.P. Packaging), Giant Pack 
Co., Ltd. (Giant), Sahachit Watana Plastics Ind. Co., Ltd. (Sahachit 
Watana), Thai Plastic Bags Industries Co., Ltd. (TPBI), and Thantawan 
Industry Public Co., Ltd. (Thantawan).\1\ The Department has determined 
previously that TPBI, Apec Film Ltd., and Winner's Pack Co., Ltd., 
comprise the Thai Plastic Bags Group. See Notice of Final Determination 
of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From 
Thailand, 69 FR 34122, 34123 (June 18, 2004). The period of review is 
August 1, 2008, through July 31, 2009.
---------------------------------------------------------------------------

    \1\ We had originally selected Landblue (Thailand) Co., Ltd. 
(Landblue), and TPBI for individual examination in this review (see 
Memorandum to Laurie Parkhill dated October 15, 2009), but 
subsequently we rescinded the review in part with respect to 
Landblue. See Polyethylene Retail Carrier Bags From Thailand: 
Rescission of Antidumping Duty Administrative Review in Part, 75 FR 
34699 (June 18, 2010).
---------------------------------------------------------------------------

    We invited parties to comment on the Preliminary Results. On 
December 10, 2010, we received case briefs from the Polyethylene Retail 
Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, 
and Superbag Corporation (collectively, the petitioners), and from 
TPBI. On December 15, 2010, we received rebuttal briefs from the 
petitioners and from TPBI. We did not hold a hearing as the only 
request for a hearing was withdrawn. See the petitioners' letter dated 
December 20, 2010.
    We have conducted this review in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the antidumping duty order is 
polyethylene retail carrier bags (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 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). 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 Comments Received

    All issues raised in the case briefs by parties to this review are 
addressed in the Issues and Decision Memorandum for the Antidumping 
Duty Administrative Review of Polyethylene Retail Carrier Bags From 
Thailand for the Period of Review August 31, 2008, through July 31, 
2009 (Decision Memo), which is dated concurrently with this notice and 
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 Department's Central Records Unit 
(CRU) of the main Commerce building, Room 7046, and is accessible on 
the Web at https://ia.ita.doc.gov/frn/. The paper copy and 
electronic version of the Decision Memo are identical in content.

Non-Selected Companies

    As discussed in the Preliminary Results, 75 FR at 53954, we 
preliminarily determined to apply the weighted-average margin of TPBI, 
the sole remaining company as selected for individual examination, for 
the following companies: C.P. Packaging, Giant, Sahachit Watana, and 
Thantawan. We received no comments on the use of TPBI's rate. 
Therefore, for these final results of review, we have applied the rate 
we have calculated for TPBI to the companies named above which were not 
selected for individual examination.

Changes Since the Preliminary Results

    We made the following changes to our calculation of TPBI's margin 
for the final results: (1) We revised our calculations of the cost of 
production and constructed value for TPBI to include exempted import 
duties, (2) we revised the general and administrative expenses of TPBI 
to include certain expenses, (3) we corrected a clerical error whereby 
we inadvertently used only 14 of the 15 physical characteristics in 
matching models across markets, and (4) we corrected a clerical error 
by using the correct quantity variable. See the memorandum to the file 
entitled ``Polyethylene Retail Carrier Bags From Thailand--Thai Plastic 
Bags Industries Co., Ltd., Final Results Analysis Memorandum'' dated 
concurrently with this notice for details regarding these changes.

Sales Below Cost in the Home Market

    As explained in the Preliminary Results, 75 FR at 53954, in 
accordance with section 773(b) of the Act, the Department tested 
whether TPBI made sales at prices below the cost of production. For 
these final results of review and based on the statutory criteria 
concerning below-cost sales, the Department disregarded home-market 
sales by TPBI that failed the cost-of-production test.

Final Results of Review

    As a result of our review, we determine that the following 
percentage weighted-average dumping margins exist for PRCBs from 
Thailand for the period August 1, 2008, through July 31, 2009:

------------------------------------------------------------------------
                                                                 Percent
                       Producer/Exporter                         margin
------------------------------------------------------------------------
TPBI..........................................................     20.15
C.P. Packaging Co., Ltd.......................................     20.15
Giant Pack Co., Ltd...........................................     20.15
Sahachit Watana Plastics Ind. Co., Ltd........................     20.15
Thantawan Industry Public Co., Ltd............................     20.15
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries.
    We calculated importer/customer-specific duty-assessment amounts 
with respect to export-price sales by TPBI in the following manner. We 
divided the total dumping margins (calculated as the difference between 
normal value and the export price) for each importer or customer by the 
total number of kilograms TPBI sold to that importer or

[[Page 12702]]

customer. We will direct CBP to assess the resulting per-kilogram 
dollar amount against each kilogram of merchandise on each of that 
importer's or customer's entries during the period of review. See 19 
CFR 351.212(b)(1).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the period of review produced by TPBI for which it 
did not know that the merchandise it sold to an intermediary (e.g., a 
reseller, trading company, or exporter) 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 
intermediary(ies) involved in the transaction. See Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).
    For the companies which were not selected for individual 
examination, we will instruct CBP to apply the rates listed above to 
all entries of subject merchandise produced and/or exported by such 
firms.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of these 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 the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, 
consistent with section 751(a)(1) of the Act: (1) The cash-deposit 
rates for the reviewed companies will be the rates shown above; (2) for 
previously investigated or reviewed companies not listed above, 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 or a previous review or the original less-than-fair-
value (LTFV) 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) the cash-deposit rate for all 
other manufacturers or exporters will be 4.69 percent, the all-others 
rate from the amended final determination of the LTFV investigation as 
revised as a result of the Section 129 determination published on 
August 12, 2010. See 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, 75 FR 48940 (August 12, 2010).
    These deposit requirements shall remain in effect until further 
notice.

Notification Requirements

    This notice serves as a 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 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 Id.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: March 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

    1. Conversion-Cost Reallocation.
    2. Affiliated-Party Inputs.
    3. Blue Corner Rebates.
    4. Zeroing.
    5. Duties in Cost of Production and Constructed Value.
    6. General and Administrative Expenses.
    7. Ministerial Errors and Other Issues.

[FR Doc. 2011-5267 Filed 3-7-11; 8:45 am]
BILLING CODE 3510-DS-P
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