Laminated Woven Sacks From the People's Republic of China: Final Results of Second Antidumping Duty Administrative Review, 21333-21335 [2011-9230]

Download as PDF Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Notices Additional time is needed to gather and analyze a significant amount of information pertaining to sales practices, manufacturing costs and corporate relationships pertaining to each company participating in the review as well as the company requesting revocation. Given the number and complexity of issues in this case, in accordance with section 751(a)(3)(A) of the Act, we are fully extending by 120 days the time period for issuing the preliminary results of review. Therefore, the preliminary results are now due no later than August 31, 2011. The final results continue to be due 120 days after publication of the preliminary results. This notice is published pursuant to sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: April 11, 2011. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–9231 Filed 4–14–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–916] Laminated Woven Sacks From the People’s Republic of China: Final Results of Second Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 27, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register the preliminary results of the second administrative review of the antidumping duty order on laminated woven sacks from the People’s Republic of China (‘‘PRC’’). See Laminated Woven Sacks From the People’s Republic of China: Preliminary Results of the Second Administrative Review, 75 FR 81218 (December 27, 2010) (‘‘Preliminary Results’’). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, no changes have been made for the final results. We continue to find that the PRC-wide entity has sold subject merchandise at less than normal value during the period of review (‘‘POR’’), August 1, 2009, through July 31, 2010. DATES: Effective Date: April 15, 2011. srobinson on DSKHWCL6B1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:58 Apr 14, 2011 Jkt 223001 FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2615. SUPPLEMENTARY INFORMATION: Background On September 29, 2010, the Department initiated this review with respect to one company. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 75 FR 60076 (September 29, 2010). The review was initiated with respect to Zibo Aifudi Plastic Packaging Co., Ltd. (‘‘Aifudi’’) upon the self-request of Aifudi and the request of Petitioners.1 On November 3, 2010, Aifudi submitted a letter notifying the Department of its intent to withdraw and refusal to further participate in the ongoing administrative review.2 Petitioners did not withdraw their request for an administrative review of Aifudi. Therefore, the Department did not rescind the review with respect to Aifudi. In the Preliminary Results, we set the deadline for interested parties to submit case briefs and rebuttal briefs to January 26, 2011, and January 31, 2011, respectively. Due to the early closure of the Department resulting from inclement weather on January 26, 2011, AMS 3 filed a case brief on the morning of the next business day, January 27, 2011. Subsequently, the Department extended the deadline for rebuttal briefs by one day, to February 1, 2011. Petitioners filed a rebuttal brief on February 1, 2011. The Department did not hold a public hearing pursuant to 19 CFR 351.310(d), as no interested parties requested a hearing. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to these reviews are addressed in the ‘‘Laminated Woven Sacks from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Second Antidumping Duty Administrative Review’’ (‘‘Decision 1 Petitioners are the Laminated Woven Sacks Committee and its individual members, Coating Excellence International, LLC and Polytex Fibers Corporation. 2 See Letter from Aifudi entitled Laminated Woven Sacks from China; Withdrawal from Proceeding, dated November 3, 2010. 3 AMS Associates, Inc., operating as Shapiro Packaging (‘‘AMS’’), importer of products produced by Aifudi. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 21333 Memo’’), which is dated concurrently with this notice. A list of the issues which parties raised and to which we respond in the Decision Memo is attached to this notice as an Appendix. The Decision Memo is a public document and is on file in the Central Records Unit, Main Commerce Building, Room 7046, and is accessible on the Department’s Web site at https://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Scope of the Order The merchandise covered by the order is laminated woven sacks. Laminated woven sacks are bags or sacks consisting of one or more plies of fabric consisting of woven polypropylene strip and/or woven polyethylene strip, regardless of the width of the strip; with or without an extrusion coating of polypropylene and/or polyethylene on one or both sides of the fabric; laminated by any method either to an exterior ply of plastic film such as biaxially-oriented polypropylene (‘‘BOPP’’) or to an exterior ply of paper that is suitable for high quality print graphics; 4 printed with three colors or more in register; with or without lining; whether or not closed on one end; whether or not in roll form (including sheets, lay-flat tubing, and sleeves); with or without handles; with or without special closing features; not exceeding one kilogram in weight. Laminated woven sacks are typically used for retail packaging of consumer goods such as pet foods and bird seed. Effective July 1, 2007, laminated woven sacks are classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks were previously classifiable under HTSUS subheading 6305.33.0020. If entered with plastic coating on both sides of the fabric consisting of woven polypropylene strip and/or woven polyethylene strip, laminated woven sacks may be classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If entered not closed on one end or in roll form (including sheets, lay-flat tubing, and sleeves), laminated woven sacks may be classifiable under other HTSUS subheadings including 3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the polypropylene 4 ‘‘Paper suitable for high quality print graphics,’’ as used herein, means paper having an ISO brightness of 82 or higher and a Sheffield Smoothness of 250 or less. Coated free sheet is an example of a paper suitable for high quality print graphics. E:\FR\FM\15APN1.SGM 15APN1 21334 Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Notices strips and/or polyethylene strips making up the fabric measure more than 5 millimeters in width, laminated woven sacks may be classifiable under other HTSUS subheadings including 4601.99.0500, 4601.99.9000, and 4602.90.0000. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. srobinson on DSKHWCL6B1PROD with NOTICES Changes Since the Preliminary Results In the Preliminary Results, we determined that the use of adverse facts available (‘‘AFA’’) is appropriate as the basis for the weighted-average dumping margin assigned to the PRC-wide entity, which includes Aifudi. There have been no changes since the Preliminary Results. Therefore, for the final results, we have adopted our positions in the Preliminary Results. Thus, the Department continues to find that the application of total AFA is warranted for the PRC-wide entity pursuant to sections 776(a)(2)(A) and (C) and 776(b) of the Tariff Act of 1930, as amended (‘‘the Act’’). Use of Adverse Facts Available In accordance with section 776(b) of the Act, we determine that the use of AFA as the basis for the weightedaverage dumping margin is appropriate for the PRC-wide entity. As explained in the Preliminary Results, Aifudi withdrew its participation from this administrative review, did not submit any information on the record regarding its separate rate status, and did not respond to requests for information from the Department. As such, Aifudi has not rebutted the presumption of PRC government control and does not qualify for a separate rate. Therefore, the Department continues to find that Aifudi should be treated as part of the PRC-wide entity. Because we have determined that Aifudi is part of the PRC-wide entity, the PRC-wide entity is under review. Pursuant to section 776(a)(2)(A) and (C) of the Act, we find that Aifudi failed to respond to the Department’s questionnaires, withheld information requested by the Department, and impeded the conduct of this review. Accordingly, the Department continues to find that it is appropriate to base the dumping margin of the PRC-wide entity on the facts otherwise available on the record. Further, because Aifudi’s failure to provide the requested information constitutes circumstances under which it is reasonable to conclude that less than full cooperation has been shown, pursuant to section 776(b) of the Act, the Department has determined that, VerDate Mar<15>2010 18:20 Apr 14, 2011 Jkt 223001 when selecting from among the facts otherwise available, an adverse inference is warranted with respect to the PRC-wide entity. As AFA, we have applied the highest dumping margin on the record of any segment of this proceeding, which is 91.73 percent.5 Furthermore, as required by section 776(c) of the Act, we corroborated this margin with respect to the PRC-wide entity, to the extent practicable. For a detailed explanation of how we corroborated this margin, see Preliminary Results.6 Final Results of Review The weighted-average dumping margins for the POR are as follows: Exporter Weighted average percent margin PRC-Wide Entity 7 ........ 91.73 Assessment Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For assessment purposes, we calculated importer (or customer)-specific assessment rates for merchandise subject to this review. Where appropriate, we calculated an ad valorem rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total entered values associated with those transactions. For dutyassessment rates calculated on this basis, we will direct CBP to assess the resulting ad valorem rate against the entered customs values for the subject merchandise. Where appropriate, we calculated a per-unit rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total sales quantity associated with those transactions. For duty-assessment rates calculated on this basis, we will direct CBP to assess the resulting per-unit rate against the entered quantity of the subject merchandise. Where an importer (or customer)-specific assessment rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to 5 See Laminated Woven Sacks from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 35646 (June 24, 2008). 6 See Preliminary Results, 75 FR at 81220–21. 7 The PRC-Wide entity includes Zibo Aifudi Plastic Packaging Co., Ltd. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 assess that importer (or customer’s) entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For Aifudi, the cash deposit rate will be the rate as listed above in the ‘‘Final Results of Review’’ section of this notice; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all 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 91.73 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties 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 entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial E:\FR\FM\15APN1.SGM 15APN1 Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Notices protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: April 8, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I—Issues and Decision Memorandum Comment 1: Decision Regarding Country of Origin 1a. Procedures in Determining Country of Origin 1b. Authority to Issue Instructions to CBP Comment 2: Whether to Reject AMS’ Case Brief [FR Doc. 2011–9230 Filed 4–14–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Science Advisory Board; Notice of Public Meeting Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of public meeting. AGENCY: This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the NOAA Science Advisory Board. The members will discuss and provide advice on issues outlined in the agenda below. DATES: The meeting is scheduled for: Monday, May 16, from 3–5 p.m. Eastern Daylight Time. ADDRESSES: Conference call. Public access is available at: NOAA, SSMC 3, Room 12836, 1315 East-West Highway, Silver Spring, MD. FOR FURTHER INFORMATION CONTACT: Dr. Cynthia Decker, Executive Director, Science Advisory Board, NOAA, Rm. 11230, 1315 East-West Highway, Silver Spring, Maryland 20910. (Phone: 301– 734–1156, Fax: 301–713–1459, E-mail: Cynthia.Decker@noaa.gov) SUPPLEMENTARY INFORMATION: The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:58 Apr 14, 2011 Jkt 223001 education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Matters To Be Considered: The agenda for the meeting is as follows: Date and Time: Monday, May 16 from 3–5 p.m. Eastern Daylight Time. Status: The meeting will be open to public participation at NOAA, SSMC 3, Room 12836, 1315 East-West Highway, Silver Spring, MD. with a 5-minute public comment period from 4:50–4:55 p.m. The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of one minute. Written comments should be received in the SAB Executive Director’s Office by May 11, 2011 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after May 11, 2011, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Agenda 1. Recommendations on Coastal and Marine Spatial Planning from the Ecosystem Sciences and Management Working Group. 2. Discussion of a Revised Concept of Operations Document for SAB Working Groups and Task Forces. Dated: April 11, 2011. Mark E. Brown, Chief Financial Officer/Chief Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 2011–9201 Filed 4–14–11; 8:45 am] BILLING CODE 3510–KD–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Additions and Deletions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and deletions from the procurement list. AGENCY: This action adds products and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or SUMMARY: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 21335 have other severe disabilities, and deletes products and services from the Procurement List previously furnished by such agencies. DATES: Effective Date: May 16, 2011. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202–3259. FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: Additions On 1/14/2011 (76 FR 2673–2674); 1/ 28/2011 (76 FR 5142–5143); 2/4/2011 (76 FR 6451–6452); and 2/11/2011 (76 FR 7824–7825), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and services and impact of the additions on the current or most recent contractors, the Committee has determined that the products and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51– 2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the products and services proposed for addition to the Procurement List. End of Certification Accordingly, the following products and services are added to the Procurement List: Products NSN: 8465–00–NIB–0211—Pouch, Four 3- E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Pages 21333-21335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9230]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]


Laminated Woven Sacks From the People's Republic of China: Final 
Results of Second Antidumping Duty Administrative Review

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

SUMMARY: On December 27, 2010, the Department of Commerce 
(``Department'') published in the Federal Register the preliminary 
results of the second administrative review of the antidumping duty 
order on laminated woven sacks from the People's Republic of China 
(``PRC''). See Laminated Woven Sacks From the People's Republic of 
China: Preliminary Results of the Second Administrative Review, 75 FR 
81218 (December 27, 2010) (``Preliminary Results''). We gave interested 
parties an opportunity to comment on the Preliminary Results. Based 
upon our analysis of the comments and information received, no changes 
have been made for the final results. We continue to find that the PRC-
wide entity has sold subject merchandise at less than normal value 
during the period of review (``POR''), August 1, 2009, through July 31, 
2010.

DATES: Effective Date: April 15, 2011.

FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2615.

SUPPLEMENTARY INFORMATION: 

Background

    On September 29, 2010, the Department initiated this review with 
respect to one company. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 75 FR 60076 (September 29, 2010). The review was initiated 
with respect to Zibo Aifudi Plastic Packaging Co., Ltd. (``Aifudi'') 
upon the self-request of Aifudi and the request of Petitioners.\1\ On 
November 3, 2010, Aifudi submitted a letter notifying the Department of 
its intent to withdraw and refusal to further participate in the 
ongoing administrative review.\2\ Petitioners did not withdraw their 
request for an administrative review of Aifudi. Therefore, the 
Department did not rescind the review with respect to Aifudi.
---------------------------------------------------------------------------

    \1\ Petitioners are the Laminated Woven Sacks Committee and its 
individual members, Coating Excellence International, LLC and 
Polytex Fibers Corporation.
    \2\ See Letter from Aifudi entitled Laminated Woven Sacks from 
China; Withdrawal from Proceeding, dated November 3, 2010.
---------------------------------------------------------------------------

    In the Preliminary Results, we set the deadline for interested 
parties to submit case briefs and rebuttal briefs to January 26, 2011, 
and January 31, 2011, respectively. Due to the early closure of the 
Department resulting from inclement weather on January 26, 2011, AMS 
\3\ filed a case brief on the morning of the next business day, January 
27, 2011. Subsequently, the Department extended the deadline for 
rebuttal briefs by one day, to February 1, 2011. Petitioners filed a 
rebuttal brief on February 1, 2011. The Department did not hold a 
public hearing pursuant to 19 CFR 351.310(d), as no interested parties 
requested a hearing.
---------------------------------------------------------------------------

    \3\ AMS Associates, Inc., operating as Shapiro Packaging 
(``AMS''), importer of products produced by Aifudi.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these reviews are addressed in the ``Laminated Woven Sacks from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the Second Antidumping Duty Administrative Review'' 
(``Decision Memo''), which is dated concurrently with this notice. A 
list of the issues which parties raised and to which we respond in the 
Decision Memo is attached to this notice as an Appendix. The Decision 
Memo is a public document and is on file in the Central Records Unit, 
Main Commerce Building, Room 7046, and is accessible on the 
Department's Web site at https://www.trade.gov/ia. The paper copy and 
electronic version of the memorandum are identical in content.

Scope of the Order

    The merchandise covered by the order is laminated woven sacks. 
Laminated woven sacks are bags or sacks consisting of one or more plies 
of fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, regardless of the width of the strip; with or 
without an extrusion coating of polypropylene and/or polyethylene on 
one or both sides of the fabric; laminated by any method either to an 
exterior ply of plastic film such as biaxially-oriented polypropylene 
(``BOPP'') or to an exterior ply of paper that is suitable for high 
quality print graphics; \4\ printed with three colors or more in 
register; with or without lining; whether or not closed on one end; 
whether or not in roll form (including sheets, lay-flat tubing, and 
sleeves); with or without handles; with or without special closing 
features; not exceeding one kilogram in weight. Laminated woven sacks 
are typically used for retail packaging of consumer goods such as pet 
foods and bird seed.
---------------------------------------------------------------------------

    \4\ ``Paper suitable for high quality print graphics,'' as used 
herein, means paper having an ISO brightness of 82 or higher and a 
Sheffield Smoothness of 250 or less. Coated free sheet is an example 
of a paper suitable for high quality print graphics.
---------------------------------------------------------------------------

    Effective July 1, 2007, laminated woven sacks are classifiable 
under Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks were 
previously classifiable under HTSUS subheading 6305.33.0020. If entered 
with plastic coating on both sides of the fabric consisting of woven 
polypropylene strip and/or woven polyethylene strip, laminated woven 
sacks may be classifiable under HTSUS subheadings 3923.21.0080, 
3923.21.0095, and 3923.29.0000. If entered not closed on one end or in 
roll form (including sheets, lay-flat tubing, and sleeves), laminated 
woven sacks may be classifiable under other HTSUS subheadings including 
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the 
polypropylene

[[Page 21334]]

strips and/or polyethylene strips making up the fabric measure more 
than 5 millimeters in width, laminated woven sacks may be classifiable 
under other HTSUS subheadings including 4601.99.0500, 4601.99.9000, and 
4602.90.0000. Although HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of the order 
is dispositive.

Changes Since the Preliminary Results

    In the Preliminary Results, we determined that the use of adverse 
facts available (``AFA'') is appropriate as the basis for the weighted-
average dumping margin assigned to the PRC-wide entity, which includes 
Aifudi. There have been no changes since the Preliminary Results. 
Therefore, for the final results, we have adopted our positions in the 
Preliminary Results. Thus, the Department continues to find that the 
application of total AFA is warranted for the PRC-wide entity pursuant 
to sections 776(a)(2)(A) and (C) and 776(b) of the Tariff Act of 1930, 
as amended (``the Act'').

Use of Adverse Facts Available

    In accordance with section 776(b) of the Act, we determine that the 
use of AFA as the basis for the weighted-average dumping margin is 
appropriate for the PRC-wide entity. As explained in the Preliminary 
Results, Aifudi withdrew its participation from this administrative 
review, did not submit any information on the record regarding its 
separate rate status, and did not respond to requests for information 
from the Department. As such, Aifudi has not rebutted the presumption 
of PRC government control and does not qualify for a separate rate. 
Therefore, the Department continues to find that Aifudi should be 
treated as part of the PRC-wide entity.
    Because we have determined that Aifudi is part of the PRC-wide 
entity, the PRC-wide entity is under review. Pursuant to section 
776(a)(2)(A) and (C) of the Act, we find that Aifudi failed to respond 
to the Department's questionnaires, withheld information requested by 
the Department, and impeded the conduct of this review. Accordingly, 
the Department continues to find that it is appropriate to base the 
dumping margin of the PRC-wide entity on the facts otherwise available 
on the record. Further, because Aifudi's failure to provide the 
requested information constitutes circumstances under which it is 
reasonable to conclude that less than full cooperation has been shown, 
pursuant to section 776(b) of the Act, the Department has determined 
that, when selecting from among the facts otherwise available, an 
adverse inference is warranted with respect to the PRC-wide entity.
    As AFA, we have applied the highest dumping margin on the record of 
any segment of this proceeding, which is 91.73 percent.\5\ Furthermore, 
as required by section 776(c) of the Act, we corroborated this margin 
with respect to the PRC-wide entity, to the extent practicable. For a 
detailed explanation of how we corroborated this margin, see 
Preliminary Results.\6\
---------------------------------------------------------------------------

    \5\ See Laminated Woven Sacks from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances, 73 FR 
35646 (June 24, 2008).
    \6\ See Preliminary Results, 75 FR at 81220-21.
---------------------------------------------------------------------------

Final Results of Review

    The weighted-average dumping margins for the POR are as follows:
---------------------------------------------------------------------------

    \7\ The PRC-Wide entity includes Zibo Aifudi Plastic Packaging 
Co., Ltd.

------------------------------------------------------------------------
                                                       Weighted average
                      Exporter                          percent margin
------------------------------------------------------------------------
PRC-Wide Entity \7\.................................               91.73
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
of subject merchandise in accordance with the final results of this 
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where 
appropriate, we calculated an ad valorem rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party by the total entered values associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting ad valorem rate against the 
entered customs values for the subject merchandise. Where appropriate, 
we calculated a per-unit rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. Where an importer (or customer)-specific assessment rate 
is de minimis (i.e., less than 0.50 percent), the Department will 
instruct CBP to assess that importer (or customer's) entries of subject 
merchandise without regard to antidumping duties, in accordance with 19 
CFR 351.106(c)(2). The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For Aifudi, the 
cash deposit rate will be the rate as listed above in the ``Final 
Results of Review'' section of this notice; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all 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 91.73 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Reimbursement of Duties

    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 entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial

[[Page 21335]]

protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 8, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Issues and Decision Memorandum

Comment 1: Decision Regarding Country of Origin
    1a. Procedures in Determining Country of Origin
    1b. Authority to Issue Instructions to CBP
Comment 2: Whether to Reject AMS' Case Brief

[FR Doc. 2011-9230 Filed 4-14-11; 8:45 am]
BILLING CODE 3510-DS-P
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