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entered, or withdrawn from warehouse,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