Laminated Woven Sacks From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 6069-6070 [2013-01847]

Download as PDF Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices Dated: January 23, 2013. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. exterior ply of paper that is suitable for high quality print graphics.2 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 6305.33.0020.3 The HTSUS subheadings are provided for convenience and customs purposes only; the written product description of the scope of the order is dispositive. [FR Doc. 2013–01732 Filed 1–28–13; 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: Preliminary Results of Antidumping Duty Administrative Review; 2011– 2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on laminated woven sacks (‘‘sacks’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is August 1, 2011, through July 31, 2012. The review covers one exporter of subject merchandise, Zibo Aifudi Plastic Packaging Co., Ltd. (‘‘Aifudi’’). We have preliminarily determined that Aifudi failed to demonstrate its eligibility for a separate rate. Accordingly, we are treating the company as part of the PRCwide entity and subject to the PRC-wide rate. DATES: Effective Date: January 29, 2013. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with AGENCY: Scope of the Order The merchandise covered by the order 1 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 1 See Notice of Antidumping Duty Order: Laminated Woven Sacks From the People’s Republic of China, 73 FR 45941 (August 7, 2008) (‘‘Order’’) VerDate Mar<15>2010 16:47 Jan 28, 2013 Jkt 229001 Methodology The Department has conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (‘‘the Act’’). Because the sole mandatory respondent, Aifudi, was unresponsive to the Department’s request for information, failed to provide the requested information by the deadline, and thus failed to establish its eligibility for a separate rate, Aifudi is being treated as part of the PRC-wide entity. As a result, the PRC-wide entity is now under review. In making our preliminary determination with respect to the PRC-wide entity, we have relied on facts available and, because an element of the PRC-wide entity, Aifudi, failed to act to the best of its ability in complying with the Department’s request for information, we have drawn an adverse inference in selecting from among the facts otherwise available.4 For a full description of the methodology underlying our conclusions, please see the Preliminary Decision Memo, dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memo is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https://iaaccess.trade. gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memo can be accessed directly on the Internet at https://www.trade.gov/ ia/. The signed Preliminary Decision 2 See ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Laminated Woven Sacks from the People’s Republic of China,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, (‘‘Preliminary Decision Memo’’), dated concurrently with these results for a complete description of the Scope of the Order. 3 Additional HTSUS considerations apply. See Preliminary Decision Memo. 4 See sections 776(a) and (b) of the Act. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 6069 Memo and the electronic version of the Preliminary Decision Memo are identical in content. Preliminary Results of Review The Department preliminarily determines that the following dumping margin exists for the period August 1, 2011, through July 31, 2012: Exporter Margin (percent) PRC-Wide Entity (including Zibo Aifudi Plastic Packaging Co., Ltd.) ............................... 91.73 Public Comment Interested parties may submit case briefs not later than 30 days after the date of publication of this notice.5 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.6 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.7 Case and rebuttal briefs should be filed using IA ACCESS.8 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically via IA ACCESS.9 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.10 Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Unless extended, the Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) 5 See 19 CFR 351.309(c). 19 CFR 351.309(d). 7 See 19 CFR 351.309(c)(2) and (d)(2). 8 See 19 CFR 351.303. 9 See 19 CFR 351.310(c). 10 See 19 CFR 351.310(c). 6 See E:\FR\FM\29JAN1.SGM 29JAN1 6070 Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices srobinson on DSK4SPTVN1PROD with shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication of the final results of this review. Where assessments are based upon total facts available, including total adverse facts available, we instruct CBP to assess duties at the adverse facts available margin rate. If these preliminary results are unchanged in the final results, then the Department intends to instruct CBP to assess antidumping duties on POR entries of the subject merchandise produced or exported by the PRC-wide entity (including Aifudi) at the rate of 91.73 percent of the entered value.11 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable. The Department recently announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported by companies examined during this review, the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate.12 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all PRC exporters (including Aifudi) of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity; and (3) for all nonPRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate 11 See 19 CFR 351.212(b)(1). Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 12 See VerDate Mar<15>2010 16:47 Jan 28, 2013 Jkt 229001 applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: January 22, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Aifudi as Part of the PRC-Wide Entity. 2. Application of Facts Available to the PRC-Wide Entity. 3. Application of Adverse Facts Available to the PRC-Wide Entity. 4. Selection of Adverse Facts Available Rate. 5. Corroboration of Information. [FR Doc. 2013–01847 Filed 1–28–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Marine Recreational Information Program Longitudinal Survey of Recreational Fishing Participation National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Written comments must be submitted on or before April 1, 2013. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Dave Van Voorhees, (301) 427–8189 or Dave.Van.Voorhees@noaa. gov. SUPPLEMENTARY INFORMATION: DATES: I. Abstract This request is for a new information collection. Marine recreational anglers are surveyed to collect catch and effort data, fish biology data, and angler socioeconomic characteristics. These data are required to carry out provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), as amended, regarding conservation and management of fishery resources. Marine recreational fishing participation data have been collected through a combination of mail surveys, telephone surveys and on-site intercept surveys with recreational anglers. Amendments to the Magnuson-Stevens Fishery Conservation and Management Act (MSA) require the development of an improved data collection program for recreational fisheries. To meet these requirements, NOAA Fisheries is designing and testing new approaches for sampling and surveying recreational anglers. This data collection will test the effectiveness of a longitudinal panel study for contacting anglers and determining how many individuals participate in recreational saltwater fishing. The goal of the study is to assess the feasibility of the data collection design for collecting recreational fishing data, as well as testing assumptions and measuring potential sources of error in ongoing recreational fishing surveys. II. Method of Collection Information will be collected through mail surveys. III. Data OMB Control Number: None. Form Number: None. Type of Review: Regular submission (request for a new information collection). Affected Public: Individuals or households. E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Notices]
[Pages 6069-6070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01847]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]

Laminated Woven Sacks From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on laminated
woven sacks (``sacks'') from the People's Republic of China (``PRC'').
The period of review (``POR'') is August 1, 2011, through July 31,
2012. The review covers one exporter of subject merchandise, Zibo
Aifudi Plastic Packaging Co., Ltd. (``Aifudi''). We have preliminarily
determined that Aifudi failed to demonstrate its eligibility for a
separate rate. Accordingly, we are treating the company as part of the
PRC-wide entity and subject to the PRC-wide rate.

DATES: Effective Date: January 29, 2013.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Scope of the Order

The merchandise covered by the order \1\ 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.\2\ 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.\3\ The HTSUS subheadings are provided for convenience and
customs purposes only; the written product description of the scope of
the order is dispositive.
---------------------------------------------------------------------------

\1\ See Notice of Antidumping Duty Order: Laminated Woven Sacks
From the People's Republic of China, 73 FR 45941 (August 7, 2008)
(``Order'')
\2\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Laminated Woven Sacks from
the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Import
Administration, (``Preliminary Decision Memo''), dated concurrently
with these results for a complete description of the Scope of the
Order.
\3\ Additional HTSUS considerations apply. See Preliminary
Decision Memo.
---------------------------------------------------------------------------

Methodology

The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). Because
the sole mandatory respondent, Aifudi, was unresponsive to the
Department's request for information, failed to provide the requested
information by the deadline, and thus failed to establish its
eligibility for a separate rate, Aifudi is being treated as part of the
PRC-wide entity. As a result, the PRC-wide entity is now under review.
In making our preliminary determination with respect to the PRC-wide
entity, we have relied on facts available and, because an element of
the PRC-wide entity, Aifudi, failed to act to the best of its ability
in complying with the Department's request for information, we have
drawn an adverse inference in selecting from among the facts otherwise
available.\4\
---------------------------------------------------------------------------

\4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memo, dated
concurrently with these results and hereby adopted by this notice. The
Preliminary Decision Memo is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memo can be accessed directly on the
Internet at https://www.trade.gov/ia/. The signed Preliminary Decision
Memo and the electronic version of the Preliminary Decision Memo are
identical in content.

Preliminary Results of Review

The Department preliminarily determines that the following dumping
margin exists for the period August 1, 2011, through July 31, 2012:

------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
PRC-Wide Entity (including Zibo Aifudi Plastic Packaging 91.73
Co., Ltd.)...............................................
------------------------------------------------------------------------

Public Comment

Interested parties may submit case briefs not later than 30 days
after the date of publication of this notice.\5\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\6\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\7\ Case and
rebuttal briefs should be filed using IA ACCESS.\8\
---------------------------------------------------------------------------

\5\ See 19 CFR 351.309(c).
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303.
---------------------------------------------------------------------------

Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, filed electronically via IA
ACCESS.\9\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after
the date of publication of this notice.\10\ Requests should contain:
(1) The party's name, address and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. Unless extended, the Department will issue the final results of
this administrative review, including the results of its analysis of
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act.
---------------------------------------------------------------------------

\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'')

[[Page 6070]]

shall assess, antidumping duties on all appropriate entries covered by
this review. The Department intends to issue assessment instructions to
CBP 15 days after the publication of the final results of this review.
Where assessments are based upon total facts available, including total
adverse facts available, we instruct CBP to assess duties at the
adverse facts available margin rate. If these preliminary results are
unchanged in the final results, then the Department intends to instruct
CBP to assess antidumping duties on POR entries of the subject
merchandise produced or exported by the PRC-wide entity (including
Aifudi) at the rate of 91.73 percent of the entered value.\11\ The
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable. The
Department recently announced a refinement to its assessment practice
in NME cases. Pursuant to this refinement in practice, for entries that
were not reported by companies examined during this review, the
Department will instruct CBP to liquidate such entries at the NME-wide
rate. In addition, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the NME-wide rate.\12\
---------------------------------------------------------------------------

\11\ See 19 CFR 351.212(b)(1).
\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (2) for all PRC exporters (including Aifudi) of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate for the PRC-wide entity; and (3)
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 exporter that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.

Notification to Importers

This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

Dated: January 22, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Aifudi as Part of the PRC-Wide Entity.
2. Application of Facts Available to the PRC-Wide Entity.
3. Application of Adverse Facts Available to the PRC-Wide
Entity.
4. Selection of Adverse Facts Available Rate.
5. Corroboration of Information.

[FR Doc. 2013-01847 Filed 1-28-13; 8:45 am]
BILLING CODE 3510-DS-P

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