Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review, 59999-60001 [2011-24998]

Download as PDF Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Notices DEPARTMENT OF COMMERCE sroberts on DSK5SPTVN1PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). Agency: International Trade Administration (ITA). Title: Foreign-Trade Zones Application. Form Number(s): N/A. OMB Control Number: 0625–0139. Type of Request: Regular submission. Burden Hours: 4,969. Number of Respondents: 63. Average Hours per Response: GeneralPurpose Zone Application, 148 hours; Special-Purpose Subzone Application, 113 hours; Reorganization/Expansion of General-Purpose Zone, 99 hours; and Request for Manufacturing Authority, 34 hours. Needs and Uses: The Foreign-Trade Zone Application is the vehicle by which individual firms or organizations apply for foreign-trade zone (FTZ) status, for subzone status, manufacturing authority, or for expansion/reorganization of an existing zone. The FTZ Act and Regulations require that an application with a description of the proposed project be made to the FTZ Board (19 U.S.C. 81b and 81f; 15 CFR 400.24–26) before a license can be issued or a zone can be expanded. The Act and Regulations require that applications contain detailed information on facilities, financing, operational plans, proposed manufacturing operations, need, and economic impact. Manufacturing activity in zones or subzones, can involve issues related to domestic industry and trade policy impact. Such applications must include specific information on the customs tariff-related savings that result from zone procedures and the economic consequences of permitting such savings. The FTZ Board needs complete and accurate information on the proposed operation and its economic effects because the Act and Regulations authorize the Board to restrict or prohibit operations that are detrimental to the public interest. The program revision involves the number copies submitted by applicants. They are now required to submit original and three copies instead of the previously required original and twelve copies. Affected Public: State, local, or tribal government; not-for-profit institutions; VerDate Mar<15>2010 18:20 Sep 27, 2011 Jkt 223001 business or other for-profit organizations. Frequency: Annually. Respondent’s Obligation: Mandatory. OMB Desk Officer: Wendy Liberante, (202) 395–3647. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Wendy Liberante, OMB Desk Officer, Fax number (202) 395–5167 or via the Internet at Wendy_L._Liberante@omb.eop.gov. Dated: September 22, 2011. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2011–24879 Filed 9–27–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE 59999 disseminate this information through Census can take up to 90 days after importation of the product, giving interested parties and the public far less time to respond to injurious sales. Affected Public: Business or other forprofit organizations. Frequency: On occasion. Respondent’s Obligation: Voluntary. OMB Desk Officer: Wendy Liberante, (202) 395–3647. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Wendy Liberante, OMB Desk Officer, Fax number (202) 395–7285 or via the Internet at Wendy_L._Liberante@omb.eop.gov. Dated: September 22, 2011. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2011–24880 Filed 9–27–11; 8:45 am] Submission for OMB Review; Comment Request BILLING CODE 3510–DS–P The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). Agency: International Trade Administration (ITA). Title: Steel Import License. OMB Control Number: 0625–0245. Form Number(s): ITA–4141P. Type of Request: Regular submission (extension of a currently approved information collection). Burden Hours: 100,000. Number of Respondents: 3,500. Average Hours per Response: 10 minutes. Needs and Uses: In order to monitor steel imports in real-time and to provide the public with real-time data, the Department of Commerce (DOC) must collect and provide timely aggregated summaries about these imports. The Steel Import License proposed by the Import Administration of the DOC is the tool used to collect the necessary information. The Census Bureau currently collects import data and disseminates aggregate information about steel imports. However, the time required to collect, process, and PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 May 24, 2011, the Department of Commerce published the preliminary results of the 2009/2010 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: September 28, 2011. FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Dustin Ross, AD/CVD AGENCY: E:\FR\FM\28SEN1.SGM 28SEN1 60000 Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Notices Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–3683 or (202) 482– 0747, respectively. SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with NOTICES Background On May 24, 2011, the Department of Commerce (the Department) published Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review, 76 FR 30102 (May 24, 2011) (Preliminary Results), in the Federal Register. The administrative review covers 11 companies. The period of review is August 1, 2009, through July 31, 2010. We invited parties to comment on the Preliminary Results. On June 23, 2011, 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 the respondents, Thai Plastic Bags Industries Co., Ltd. (TPBI), and Landblue (Thailand) Co., Ltd. (Landblue). We also received case briefs from Inteplast Group Ltd. and Master Packaging Inc. which qualify as interested parties as importers of subject merchandise. On June 28, 2011, we received rebuttal briefs from the interested parties. We did not hold a hearing as the only request for a hearing was withdrawn. See the petitioners’ letter dated June 29, 2011. 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, VerDate Mar<15>2010 18:20 Sep 27, 2011 Jkt 223001 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 1, 2009, through July 31, 2010 (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 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, 76 FR at 30103–30104, we preliminarily determined to apply the weighted-average margin we calculated using the public ranged U.S. sales values Landblue and TPBI submitted for the record of this review and their weighted-average margins to the firms not examined individually in this review. We received no comments on the use of this rate. Therefore, for these final results of review, we have applied the rate we have calculated using the weighted-average margins of Landblue and TPBI as applied to the public ranged U.S. sales values they submitted to the companies which were not selected for individual examination. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Changes Since the Preliminary Results For our calculation of TPBI’s margin for the final results, we revised the general and administrative and financial expenses of TPBI to reflect data in its 2010 financial statements. See the memoranda to the file entitled ‘‘Polyethylene Retail Carrier Bags from Thailand—Thai Plastic Bags Industries Co., Ltd. (TPBI), Final Results Analysis Memorandum’’ dated September 21, 2011, and ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Results—Thai Plastic Bags Industries Co. (TPBI), Ltd.’’ dated September 21, 2011, for details regarding these changes. For our calculation of Landblue’s margin for the final results, we made the following changes: (1) We adjusted Landblue’s general and administrative (G&A) expense ratio to include in the numerator the unreconciled difference between the administrative expenses from the 2010 financial statements and those reflected in the 2010 trial balance, (2) we revised Landblue’s G&A ratio to reflect the cost of goods sold from the 2010 financial statements, (3) we set Landblue’s negative interest expense ratio to zero, (4) for constructed value (CV) selling expenses we used publicly available total selling expenses from a company not currently under review, Thantawan Industry Public Company Limited (Thantawan), adjusted to reflect Landblue’s ratio of indirect expenses to total selling expenses, (5) we used data from the record of Thantawan’s 2010 financial statements to calculate a revised ratio for CV profit which reflects Landblue’s profit as a percentage of total costs for bag products only, and (6) we included management-benefits expenses from Thantawan’s 2010 financial statements in the denominator of the revised ratio for CV profit for Landblue. See the memoranda to the file entitled ‘‘Polyethylene Retail Carrier Bags from Thailand—Landblue (Thailand) Co., Ltd., Final Results Analysis Memorandum’’ dated September 21, 2011, and ‘‘Constructed Value Calculation Adjustments for the Final Results—Landblue Thailand Co., Ltd.’’ dated September 21, 2011, for details regarding these changes. We have corrected the spelling of the company name for ‘‘Hi-Pak Company Limited’’ which in the Initiation Notice and Preliminary Results reflected the spelling provided by the petitioners in their request for review. We based the correction on the spelling Hi-Pak Company Limited provided in its statement of no shipments during the period of review. E:\FR\FM\28SEN1.SGM 28SEN1 Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Notices Sales Below Cost in the Home Market As explained in the Preliminary Results, 76 FR at 30104, 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, 2009, through July 31, 2010: Margin (percent) Producer/exporter First Pack Co. Ltd ......................... Hi-Pak Company Limited .............. ITW Minigrip (Thailand) Co., Ltd .. K International Packaging Co., Ltd Landblue (Thailand) Co., Ltd ........ Praise Home Industry, Co. Ltd ..... Siam Flexible Industries Co., Ltd Thai Jirun Co., Ltd ........................ Thai Plastic Bags Industries Co., Ltd ............................................. Trinity Pac Co. Ltd ........................ U. Yong Industry Co., Ltd ............. sroberts on DSK5SPTVN1PROD with NOTICES 1 No shipment or view. This firm has previous segment of 2 No shipment or view. This firm has previous segment of 28.59 (1) (2) 28.59 25.53 28.59 28.59 28.59 35.71 28.59 28.59 sales subject to this reno individual rate from a this proceeding. sales subject to this reno individual rate from a this proceeding. 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 sales by Landblue and TPBI by dividing 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 Landblue and TPBI sold to that importer or 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). Because the order on PRCBs from Thailand was revoked in part with respect to TPBI effective July 28, 2010, we will instruct CBP to assess antidumping duties with respect to TPBI on entries made through July 27, 2010. For further information, see Notice of Implementation of VerDate Mar<15>2010 18:20 Sep 27, 2011 Jkt 223001 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) (Section 129 Determination). 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 Landblue, TPBI, Hi-Pak Company Limited, and ITW Minigrip (Thailand) Co., Ltd., for which they did not know that the merchandise they 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 and which did not submit statements of no shipments, 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 With the exception of TPBI as a result of the revocation, the following deposit requirements will be effective upon publication of these 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 companies subject to the review 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 revised as a result of the Section 129 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 60001 determination published on August 12, 2010. See Section 129 Determination. 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. 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: September 21, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix 1. General and Administrative Expenses. 2. Financial Expense. 3. CV Profit. 4. CV Selling Expenses. 5. Zeroing. [FR Doc. 2011–24998 Filed 9–27–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–854] Certain Tin Mill Products From Japan; Final Results of the Second Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 1, 2011, the Department of Commerce (the Department) initiated the second sunset review of the antidumping duty order on certain tin mill products from Japan, pursuant to section 751(c) of the Tariff AGENCY: E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Notices]
[Pages 59999-60001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24998]


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

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 May 24, 2011, the Department of Commerce published the 
preliminary results of the 2009/2010 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: September 28, 2011.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Dustin Ross, AD/CVD

[[Page 60000]]

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-
3683 or (202) 482-0747, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 2011, the Department of Commerce (the Department) 
published Polyethylene Retail Carrier Bags From Thailand: Preliminary 
Results of Antidumping Duty Administrative Review, 76 FR 30102 (May 24, 
2011) (Preliminary Results), in the Federal Register. The 
administrative review covers 11 companies. The period of review is 
August 1, 2009, through July 31, 2010.
    We invited parties to comment on the Preliminary Results. On June 
23, 2011, 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 the 
respondents, Thai Plastic Bags Industries Co., Ltd. (TPBI), and 
Landblue (Thailand) Co., Ltd. (Landblue). We also received case briefs 
from Inteplast Group Ltd. and Master Packaging Inc. which qualify as 
interested parties as importers of subject merchandise. On June 28, 
2011, we received rebuttal briefs from the interested parties. We did 
not hold a hearing as the only request for a hearing was withdrawn. See 
the petitioners' letter dated June 29, 2011.
    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 1, 2009, through July 31, 2010 
(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 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, 76 FR at 30103-30104, we 
preliminarily determined to apply the weighted-average margin we 
calculated using the public ranged U.S. sales values Landblue and TPBI 
submitted for the record of this review and their weighted-average 
margins to the firms not examined individually in this review. We 
received no comments on the use of this rate. Therefore, for these 
final results of review, we have applied the rate we have calculated 
using the weighted-average margins of Landblue and TPBI as applied to 
the public ranged U.S. sales values they submitted to the companies 
which were not selected for individual examination.

Changes Since the Preliminary Results

    For our calculation of TPBI's margin for the final results, we 
revised the general and administrative and financial expenses of TPBI 
to reflect data in its 2010 financial statements. See the memoranda to 
the file entitled ``Polyethylene Retail Carrier Bags from Thailand--
Thai Plastic Bags Industries Co., Ltd. (TPBI), Final Results Analysis 
Memorandum'' dated September 21, 2011, and ``Cost of Production and 
Constructed Value Calculation Adjustments for the Final Results--Thai 
Plastic Bags Industries Co. (TPBI), Ltd.'' dated September 21, 2011, 
for details regarding these changes.
    For our calculation of Landblue's margin for the final results, we 
made the following changes: (1) We adjusted Landblue's general and 
administrative (G&A) expense ratio to include in the numerator the 
unreconciled difference between the administrative expenses from the 
2010 financial statements and those reflected in the 2010 trial 
balance, (2) we revised Landblue's G&A ratio to reflect the cost of 
goods sold from the 2010 financial statements, (3) we set Landblue's 
negative interest expense ratio to zero, (4) for constructed value (CV) 
selling expenses we used publicly available total selling expenses from 
a company not currently under review, Thantawan Industry Public Company 
Limited (Thantawan), adjusted to reflect Landblue's ratio of indirect 
expenses to total selling expenses, (5) we used data from the record of 
Thantawan's 2010 financial statements to calculate a revised ratio for 
CV profit which reflects Landblue's profit as a percentage of total 
costs for bag products only, and (6) we included management-benefits 
expenses from Thantawan's 2010 financial statements in the denominator 
of the revised ratio for CV profit for Landblue. See the memoranda to 
the file entitled ``Polyethylene Retail Carrier Bags from Thailand--
Landblue (Thailand) Co., Ltd., Final Results Analysis Memorandum'' 
dated September 21, 2011, and ``Constructed Value Calculation 
Adjustments for the Final Results--Landblue Thailand Co., Ltd.'' dated 
September 21, 2011, for details regarding these changes.
    We have corrected the spelling of the company name for ``Hi-Pak 
Company Limited'' which in the Initiation Notice and Preliminary 
Results reflected the spelling provided by the petitioners in their 
request for review. We based the correction on the spelling Hi-Pak 
Company Limited provided in its statement of no shipments during the 
period of review.

[[Page 60001]]

Sales Below Cost in the Home Market

    As explained in the Preliminary Results, 76 FR at 30104, 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, 2009, through July 31, 2010:

------------------------------------------------------------------------
                                                                 Margin
                      Producer/exporter                        (percent)
------------------------------------------------------------------------
First Pack Co. Ltd...........................................      28.59
Hi-Pak Company Limited.......................................      (\1\)
ITW Minigrip (Thailand) Co., Ltd.............................      (\2\)
K International Packaging Co., Ltd...........................      28.59
Landblue (Thailand) Co., Ltd.................................      25.53
Praise Home Industry, Co. Ltd................................      28.59
Siam Flexible Industries Co., Ltd............................      28.59
Thai Jirun Co., Ltd..........................................      28.59
Thai Plastic Bags Industries Co., Ltd........................      35.71
Trinity Pac Co. Ltd..........................................      28.59
U. Yong Industry Co., Ltd....................................      28.59
------------------------------------------------------------------------
\1\ No shipment or sales subject to this review. This firm has no
  individual rate from a previous segment of this proceeding.
\2\ No shipment or sales subject to this review. This firm has no
  individual rate from a previous segment of this proceeding.

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 sales by Landblue and TPBI by dividing 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 Landblue and TPBI sold to that importer or 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).
    Because the order on PRCBs from Thailand was revoked in part with 
respect to TPBI effective July 28, 2010, we will instruct CBP to assess 
antidumping duties with respect to TPBI on entries made through July 
27, 2010. For further information, 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) (Section 129 
Determination).
    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 Landblue, TPBI, Hi-
Pak Company Limited, and ITW Minigrip (Thailand) Co., Ltd., for which 
they did not know that the merchandise they 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 and which did not submit statements of no shipments, 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

    With the exception of TPBI as a result of the revocation, the 
following deposit requirements will be effective upon publication of 
these 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 companies 
subject to the review 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 revised as a result of 
the Section 129 determination published on August 12, 2010. See Section 
129 Determination.
    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.
    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: September 21, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

1. General and Administrative Expenses.
2. Financial Expense.
3. CV Profit.
4. CV Selling Expenses.
5. Zeroing.

[FR Doc. 2011-24998 Filed 9-27-11; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.