Laminated Woven Sacks From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 19209-19210 [2013-07407]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices producer for which the inquiry is requested. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period, of the order, if such a gap period is applicable to the POR. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that the meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information. See section 782(b) of the Act. Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all segments of any antidumping duty or countervailing duty proceedings initiated on or after March 14, 2011. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim Final Rule’’), amending 19 CFR 351.303(g)(1) and (2). The formats for the revised certifications are provided at the end of the Interim Final Rule. The Department intends to reject factual submissions in any proceeding segments initiated on or after March 14, 2011 if the submitting party does not comply with the revised certification requirements. These initiations and this notice are in accordance with section 751(a) of the Act (19 USC 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: March 22, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–07392 Filed 3–28–13; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 17:34 Mar 28, 2013 Jkt 229001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–916] Laminated Woven Sacks From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 29, 2013, the Department of Commerce (the ‘‘Department’’) published the Preliminary Results 1 of the 2011–2012 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. We gave interested parties an opportunity to comment on the Preliminary Results, but none were received. The final weighted-average dumping margin for the PRC-wide entity is listed in the ‘‘Final Results of Review’’ section below. DATES: Effective Date: March 29, 2013. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 29, 2013, the Department published the Preliminary Results. We invited interested parties to comment on the Preliminary Results, but none were received. The Department has conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’). 19209 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 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 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. 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 PRC-Wide Entity In the Preliminary Results, the Department noted that Zibo Aifudi Plastic Packaging Co., Ltd. (‘‘Aifudi’’), the only company under review, was unresponsive to the Department’s request for information and failed to provide the requested information by the deadline. Thus, we determined that Aifudi failed to establish its eligibility for a separate rate and, consequently, it was treated as part of the PRC-wide 1 See Laminated Woven Sacks From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011– 2012, 78 FR 6069 (January 29, 2013) and accompanying Decision Memorandum (‘‘Preliminary Results’’). 2 ‘‘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. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 19210 Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices entity. As a result, the PRC-wide entity came under review. Further, we preliminarily applied adverse facts available to the PRC-wide entity because an element of the entity, Aifudi, failed to act to the best of its ability in complying with the Department’s request for information in this review.3 After issuing the Preliminary Results, the Department did not receive any comments from interested parties. Therefore, for these final results, in accordance with section 776(a) and (b) of the Act, and as explained in more detail in the Preliminary Results, the Department continues to find that because Aifudi, as part of the PRC-wide entity, failed to submit any responses to the Department’s questionnaire, it is appropriate to apply an adverse inference in selecting from the facts otherwise available to determine a margin for the PRC-wide entity and to assign to the PRC-wide entity the highest dumping margin on the record of any segment of this proceeding, i.e., 91.73 percent.4 Furthermore, as stated in the Preliminary Results, we continue to find that the 91.73 percent rate is both reliable and relevant, and continue to determine that it has probative value.5 Accordingly, we find that the rate of 91.73 percent, which is the current PRC-wide rate, is in accordance with the requirement of section 776(c) of the Act that secondary information be corroborated (i.e., that it have probative value). Thus, we have assigned this adverse facts available rate to exports of the subject merchandise from the PRCwide entity, including Aifudi. Assessment Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. The Department recently announced a refinement to its assessment practice in non-market economy (‘‘NME’’) cases.6 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually 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.7 mstockstill on DSK4VPTVN1PROD with NOTICES 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 from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) 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 Final Results of Review exporter-specific rate published for the most recent period; (2) for all PRC The Department determines that the following dumping margin exists for the exporters of subject merchandise which have not been found to be entitled to a period August 1, 2011, through July 31, separate rate, the cash deposit rate will 2012: be the PRC-wide rate of 91.73 percent; and (3) for all non-PRC exporters of Margin Exporter (percent) subject merchandise which have not received their own rate, the cash deposit PRC-Wide Entity (including Zibo rate will be the rate applicable to the Aifudi Plastic Packaging Co., Ltd.) ......................................... 91.73 PRC exporters that supplied that nonPRC exporter. These deposit requirements, when imposed, shall 3 See Preliminary Results and accompanying remain in effect until further notice. Decision Memorandum at 1, 4–6. 4 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); see also Laminated Woven Sacks From the People’s Republic of China: Preliminary Results of the Second Administrative Review, 75 FR 81218 (December 27, 2010) unchanged in Laminated Woven Sacks From the People’s Republic of China: Final Results of Second Antidumping Duty Administrative Review, 76 FR 21333 (April 15, 2011). 5 See Preliminary Results and accompanying Decision Memorandum at 6–7. VerDate Mar<15>2010 17:34 Mar 28, 2013 Jkt 229001 Notifications This notice serves as a final 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 6 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 7 See id. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 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. This notice also serves as a reminder to parties subject to the 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 and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 25, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–07407 Filed 3–28–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–818] Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2010 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on corrosion-resistant carbon steel flat products from the Republic of Korea for the period January 1, 2010, through December 31, 2010. On September 21, 2012, we published the preliminary results of this review.1 In these final results we find that the respondents, Dongbu Steel Co., Ltd. (Dongbu), Hyundai HYSCO Ltd. (HYSCO), and Pohang Iron & Steel Co. Ltd. (POSCO), received subsidies that result in de minimis net subsidy rates. DATES: Effective Date: March 29, 2013. AGENCY: 1 See Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 77 FR 58512 (September 21, 2012) (Preliminary Results). E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19209-19210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07407]


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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 Antidumping Duty Administrative Review; 2011-2012

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

SUMMARY: On January 29, 2013, the Department of Commerce (the 
``Department'') published the Preliminary Results \1\ of the 2011-2012 
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. We 
gave interested parties an opportunity to comment on the Preliminary 
Results, but none were received. The final weighted-average dumping 
margin for the PRC-wide entity is listed in the ``Final Results of 
Review'' section below.
---------------------------------------------------------------------------

    \1\ See Laminated Woven Sacks From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2011- 2012, 78 FR 6069 (January 29, 2013) and accompanying 
Decision Memorandum (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: March 29, 2013.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    On January 29, 2013, the Department published the Preliminary 
Results. We invited interested parties to comment on the Preliminary 
Results, but none were received. The Department has conducted this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (``the Act'').

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; \2\ 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.
---------------------------------------------------------------------------

    \2\ ``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 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.

PRC-Wide Entity

    In the Preliminary Results, the Department noted that Zibo Aifudi 
Plastic Packaging Co., Ltd. (``Aifudi''), the only company under 
review, was unresponsive to the Department's request for information 
and failed to provide the requested information by the deadline. Thus, 
we determined that Aifudi failed to establish its eligibility for a 
separate rate and, consequently, it was treated as part of the PRC-wide

[[Page 19210]]

entity. As a result, the PRC-wide entity came under review. Further, we 
preliminarily applied adverse facts available to the PRC-wide entity 
because an element of the entity, Aifudi, failed to act to the best of 
its ability in complying with the Department's request for information 
in this review.\3\ After issuing the Preliminary Results, the 
Department did not receive any comments from interested parties. 
Therefore, for these final results, in accordance with section 776(a) 
and (b) of the Act, and as explained in more detail in the Preliminary 
Results, the Department continues to find that because Aifudi, as part 
of the PRC-wide entity, failed to submit any responses to the 
Department's questionnaire, it is appropriate to apply an adverse 
inference in selecting from the facts otherwise available to determine 
a margin for the PRC-wide entity and to assign to the PRC-wide entity 
the highest dumping margin on the record of any segment of this 
proceeding, i.e., 91.73 percent.\4\ Furthermore, as stated in the 
Preliminary Results, we continue to find that the 91.73 percent rate is 
both reliable and relevant, and continue to determine that it has 
probative value.\5\ Accordingly, we find that the rate of 91.73 
percent, which is the current PRC-wide rate, is in accordance with the 
requirement of section 776(c) of the Act that secondary information be 
corroborated (i.e., that it have probative value). Thus, we have 
assigned this adverse facts available rate to exports of the subject 
merchandise from the PRC-wide entity, including Aifudi.
---------------------------------------------------------------------------

    \3\ See Preliminary Results and accompanying Decision Memorandum 
at 1, 4-6.
    \4\ 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); see also Laminated Woven Sacks From the 
People's Republic of China: Preliminary Results of the Second 
Administrative Review, 75 FR 81218 (December 27, 2010) unchanged in 
Laminated Woven Sacks From the People's Republic of China: Final 
Results of Second Antidumping Duty Administrative Review, 76 FR 
21333 (April 15, 2011).
    \5\ See Preliminary Results and accompanying Decision Memorandum 
at 6-7.
---------------------------------------------------------------------------

Final Results of Review

    The Department 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.).................................................
------------------------------------------------------------------------

Assessment

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. The Department recently 
announced a refinement to its assessment practice in non-market economy 
(``NME'') cases.\6\ Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually 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.\7\
---------------------------------------------------------------------------

    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \7\ See id.
---------------------------------------------------------------------------

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 from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) 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; (2) 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 (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 exporters that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notifications

    This notice serves as a final 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 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.
    This notice also serves as a reminder to parties subject to the 
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 and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

     Dated: March 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-07407 Filed 3-28-13; 8:45 am]
BILLING CODE 3510-DS-P