Polyethylene Retail Carrier Bags From Thailand: Amended Final Results of Antidumping Duty Administrative Review, 68137-68138 [2011-28428]
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Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices
• fasteners having a case hardness greater
than or equal to 50 HRC, a carbon content
greater than or equal to 0.5 percent, a round
head, a secondary reduced-diameter raised
head section, a centered shank, and a smooth
symmetrical point, suitable for use in gasactuated hand tools.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
[FR Doc. 2011–28542 Filed 11–2–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–821]
Polyethylene Retail Carrier Bags From
Thailand: Amended Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 3,
2011.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen, AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202)
482–3683.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2011, the
Department of Commerce (the
Department) published Polyethylene
Retail Carrier Bags From Thailand: Final
Results of Antidumping Duty
Administrative Review, 76 FR 59999
(September 28, 2011) (Final Results), in
the Federal Register.
We received a timely allegation of a
ministerial error pursuant to 19 CFR
351.224(c) from the Polyethylene Retail
Carrier Bag Committee and its
individual members, Hilex Poly Co.,
LLC and Superbag Corp., the
petitioners, alleging that we calculated a
constructed value (CV) profit ratio using
a denominator that includes direct and
indirect selling expenses, but in the
margin program we determined CV
profit by applying this ratio to Landblue
(Thailand) Co., Ltd.’s (Landblue) cost of
production exclusive of direct selling
expenses.1 This incongruity was
unintentional and results in the
understatement of CV profit. Although
the Department agreed with the
petitioners that the alleged error is a
ministerial error, the Department was
unable to issue a determination
correcting this error before parties
68137
challenged the Final Results at the Court
of International Trade (CIT). On October
25, 2011, the CIT granted the
Department leave to amend the Final
Results and correct the ministerial error.
Therefore, in accordance with 19 CFR
351.224(e), we are hereby amending the
Final Results with respect to Landblue
to correct the ministerial error in our
calculation of Landblue’s weightedaverage margin, and with respect to the
respondents not selected for individual
examination in so far as the change in
Landblue’s weighted-average margin
affects their margins.2 For details, see
the respective memoranda from Bryan
Hansen to the File entitled
‘‘Polyethylene Retail Carrier Bags from
Thailand—Landblue (Thailand) Co.,
Ltd., Amended Final Results Analysis
Memorandum’’ and ‘‘Polyethylene
Retail Carrier Bags from Thailand—
Amended Final Results Margin
Calculation for Respondents Not
Selected for Individual Examination,’’
dated concurrently with this notice.
Amended Final Results of the Review
As a result of our correction of the
ministerial error, we determine that the
following percentage weighted-average
dumping margins exist for polyethylene
retail carrier bags from Thailand for the
period August 1, 2009, through July 31,
2010:
Producer/Exporter
Percent
margin
First Pack 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. 28.74.
28.74
28.74
25.73
28.74
28.74
The Department shall determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
on all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), we
calculated importer/customer-specific
duty-assessment amounts with respect
to sales by Landblue 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 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.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by Landblue for which
Landblue did not know its merchandise
was destined for the United States. In
such instances, we will instruct CBP to
liquidate unreviewed entries of
merchandise produced by Landblue at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction.
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.
The Department intends to issue
instructions to CBP 15 days after the
publication of these amended final
results of review.
1 Because Landblue did not have home-market
and third-country sales during the period of review,
we used the 2010 financial statements of a third
company not under review, Thantawan Public
Industry Company, to calculate CV profit and CV
selling expenses for Landblue.
2 For the Final Results, we calculated the margins
for respondents not selected for individual
examination by using the public, weighted-average
margin calculated using the ranged sales values of
the selected respondents, Landblue and Thai Plastic
Bags Industries Co., Ltd.
srobinson on DSK4SPTVN1PROD with NOTICES
Assessment Rates
VerDate Mar<15>2010
16:50 Nov 02, 2011
Jkt 226001
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
E:\FR\FM\03NON1.SGM
03NON1
68138
Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices
Cash-Deposit Requirements
The following deposit requirements
will be effective upon publication of
these amended 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 Tariff Act of 1930, as
amended (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 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
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, when
imposed, shall remain in effect until
further notice.
srobinson on DSK4SPTVN1PROD with NOTICES
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.
VerDate Mar<15>2010
16:50 Nov 02, 2011
Jkt 226001
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: October 26, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2011–28428 Filed 11–2–11; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China: Final
Results of the 2010 Antidumping Duty
New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 10, 2011, the
Department of Commerce
(‘‘Department’’) published its
Preliminary Results for the January 1,
2010, through December 31, 2010, new
shipper review of wooden bedroom
furniture (‘‘WBF’’) from the People’s
Republic of China (‘‘PRC’’).1 Although
invited to do so, interested parties did
not comment on our Preliminary
Results. Therefore, the Preliminary
Results are hereby adopted as the final
results.
DATES: Effective Date: November 3,
2011.
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor or Jeffrey Pedersen,
AD/CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–0989 and (202)
482–2769, respectively.
AGENCY:
Background
On August 10, 2011, the Department
published its Preliminary Results of the
review of the antidumping order on
WBF from the PRC for Dongguan Yujia
Furniture Co., Ltd. (‘‘Yujia’’) covering
the period January 1, 2010, through
December 31, 2010. No parties
commented on the Preliminary Results.
Scope of the Order
The product covered by the order is
WBF. WBF is generally, but not
exclusively, designed, manufactured,
1 See Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Antidumping Duty New Shipper Review, 76 FR
49443 (August 10, 2011) (‘‘Preliminary Results’’).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
and offered for sale in coordinated
groups, or bedrooms, in which all of the
individual pieces are of approximately
the same style and approximately the
same material and/or finish. The subject
merchandise is made substantially of
wood products, including both solid
wood and also engineered wood
products made from wood particles,
fibers, or other wooden materials such
as plywood, strand board, particle
board, and fiberboard, with or without
wood veneers, wood overlays, or
laminates, with or without non-wood
components or trim such as metal,
marble, leather, glass, plastic, or other
resins, and whether or not assembled,
completed, or finished.
The subject merchandise includes the
following items: (1) Wooden beds such
as loft beds, bunk beds, and other beds;
(2) wooden headboards for beds
(whether stand-alone or attached to side
rails), wooden footboards for beds,
wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night
stands, dressers, commodes, bureaus,
mule chests, gentlemen’s chests,
bachelor’s chests, lingerie chests,
wardrobes, vanities, chessers,
chifforobes, and wardrobe-type cabinets;
(4) dressers with framed glass mirrors
that are attached to, incorporated in, sit
on, or hang over the dresser; (5) chestson-chests,2 highboys,3 lowboys,4 chests
of drawers,5 chests,6 door chests,7
chiffoniers,8 hutches,9 and armoires; 10
2 A chest-on-chest is typically a tall chest-ofdrawers in two or more sections (or appearing to be
in two or more sections), with one or two sections
mounted (or appearing to be mounted) on a slightly
larger chest; also known as a tallboy.
3 A highboy is typically a tall chest of drawers
usually composed of a base and a top section with
drawers, and supported on four legs or a small chest
(often 15 inches or more in height).
4 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
5 A chest of drawers is typically a case containing
drawers for storing clothing.
6 A chest is typically a case piece taller than it
is wide featuring a series of drawers and with or
without one or more doors for storing clothing. The
piece can either include drawers or be designed as
a large box incorporating a lid.
7 A door chest is typically a chest with hinged
doors to store clothing, whether or not containing
drawers. The piece may also include shelves for
televisions and other entertainment electronics.
8 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
9 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
10 An armoire is typically a tall cabinet or
wardrobe (typically 50 inches or taller), with doors,
and with one or more drawers (either exterior below
or above the doors or interior behind the doors),
shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used
to hold television receivers and/or other audiovisual entertainment systems.
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68137-68138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28428]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 3, 2011.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202) 482-3683.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2011, the Department of Commerce (the Department)
published Polyethylene Retail Carrier Bags From Thailand: Final Results
of Antidumping Duty Administrative Review, 76 FR 59999 (September 28,
2011) (Final Results), in the Federal Register.
We received a timely allegation of a ministerial error pursuant to
19 CFR 351.224(c) from the Polyethylene Retail Carrier Bag Committee
and its individual members, Hilex Poly Co., LLC and Superbag Corp., the
petitioners, alleging that we calculated a constructed value (CV)
profit ratio using a denominator that includes direct and indirect
selling expenses, but in the margin program we determined CV profit by
applying this ratio to Landblue (Thailand) Co., Ltd.'s (Landblue) cost
of production exclusive of direct selling expenses.\1\ This incongruity
was unintentional and results in the understatement of CV profit.
Although the Department agreed with the petitioners that the alleged
error is a ministerial error, the Department was unable to issue a
determination correcting this error before parties challenged the Final
Results at the Court of International Trade (CIT). On October 25, 2011,
the CIT granted the Department leave to amend the Final Results and
correct the ministerial error. Therefore, in accordance with 19 CFR
351.224(e), we are hereby amending the Final Results with respect to
Landblue to correct the ministerial error in our calculation of
Landblue's weighted-average margin, and with respect to the respondents
not selected for individual examination in so far as the change in
Landblue's weighted-average margin affects their margins.\2\ For
details, see the respective memoranda from Bryan Hansen to the File
entitled ``Polyethylene Retail Carrier Bags from Thailand--Landblue
(Thailand) Co., Ltd., Amended Final Results Analysis Memorandum'' and
``Polyethylene Retail Carrier Bags from Thailand--Amended Final Results
Margin Calculation for Respondents Not Selected for Individual
Examination,'' dated concurrently with this notice.
---------------------------------------------------------------------------
\1\ Because Landblue did not have home-market and third-country
sales during the period of review, we used the 2010 financial
statements of a third company not under review, Thantawan Public
Industry Company, to calculate CV profit and CV selling expenses for
Landblue.
\2\ For the Final Results, we calculated the margins for
respondents not selected for individual examination by using the
public, weighted-average margin calculated using the ranged sales
values of the selected respondents, Landblue and Thai Plastic Bags
Industries Co., Ltd.
---------------------------------------------------------------------------
Amended Final Results of the Review
As a result of our correction of the ministerial error, we
determine that the following percentage weighted-average dumping
margins exist for polyethylene retail carrier bags from Thailand for
the period August 1, 2009, through July 31, 2010:
------------------------------------------------------------------------
Producer/Exporter Percent margin
------------------------------------------------------------------------
First Pack Co. Ltd..................................... 28.74
K International Packaging Co., Ltd..................... 28.74
Landblue (Thailand) Co., Ltd........................... 25.73
Praise Home Industry, Co. Ltd.......................... 28.74
Siam Flexible Industries Co., Ltd...................... 28.74
Thai Jirun Co., Ltd. 28.74.............................
------------------------------------------------------------------------
Assessment Rates
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), we calculated
importer/customer-specific duty-assessment amounts with respect to
sales by Landblue 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 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.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by Landblue for which Landblue did not know its
merchandise was destined for the United States. In such instances, we
will instruct CBP to liquidate unreviewed entries of merchandise
produced by Landblue at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
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.
The Department intends to issue instructions to CBP 15 days after
the publication of these amended final results of review.
[[Page 68138]]
Cash-Deposit Requirements
The following deposit requirements will be effective upon
publication of these amended 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 Tariff Act of 1930, as amended
(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 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, when imposed, 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: October 26, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-28428 Filed 11-2-11; 8:45 am]
BILLING CODE 3510-DS-M
