Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review; 2011-2012, 50376-50377 [2013-20008]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50376-50377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20008]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: Final Results of 
Antidumping Duty Administrative Review; 2011-2012

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

SUMMARY: On May 14, 2013, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on polyethylene retail carrier bags (PRCBs) from 
Thailand. The period of review (POR) is August 1, 2011, through July 
31, 2012. For the final results we continue to find that Trinity Pac 
Co. Ltd. (Trinity Pac) has sold subject merchandise at less than normal 
value and that TPN FlexPak Co., Ltd. (TPN) had no shipments during the 
POR.

DATES: Effective Date: August 19, 2013.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, 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-
0665, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 14, 2013, the Department published the preliminary results 
of the administrative review of the antidumping duty order on PRCBs 
from Thailand.\1\ We invited interested parties to comment on the 
Preliminary Results. We received no comments.
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    \1\ See Polyethylene Retail Carrier Bags from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012, 78 FR 28192 (May 14, 2013) (Preliminary Results).
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    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 subject to the antidumping duty order is PRCBs, 
which may be referred to as t-shirt sacks, merchandise bags, grocery 
bags, or checkout bags. The subject merchandise is defined as non-
sealable sacks and bags with handles (including drawstrings), without 
zippers or integral extruded closures, with or without gussets, with or 
without printing, of polyethylene film having a thickness no greater 
than 0.035 inch (0.889 mm) and no less than 0.00035 inch (0.00889 mm), 
and with no length or width shorter than 6 inches (15.24 cm) or longer 
than 40 inches (101.6 cm). The depth of the bag may be shorter than 6 
inches but not longer than 40 inches (101.6 cm).
    PRCBs are typically provided without any consumer packaging and 
free of charge by retail establishments, e.g., grocery, drug, 
convenience, department, specialty retail, discount stores, and 
restaurants, to their customers to package and carry their purchased 
products. The scope of the order excludes (1) polyethylene bags that 
are not printed with logos or store names and that are closeable with 
drawstrings made of polyethylene film and (2) polyethylene bags that 
are packed in consumer packaging with printing that refers to specific 
end-uses other than packaging and carrying merchandise from retail 
establishments, e.g., garbage bags, lawn bags, trash-can liners.
    As a result of changes to the Harmonized Tariff Schedule of the 
United States (HTSUS), imports of the subject merchandise are currently 
classifiable under statistical category 3923.21.0085 of the HTSUS. 
Furthermore, although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the scope of the order 
is dispositive.

Adverse Facts Available

    As explained fully in our Preliminary Results, we find that Trinity 
Pac did not act to the best of its ability to comply with our request 
for information that is necessary for our determination.\2\ 
Consequently, we are continuing to rely on adverse facts available 
(AFA), in accordance with sections 776(a) and (b) of the Tariff Act of 
1930, and applying a rate of 122.88 percent to Trinity Pac. This rate 
was applied in the less-than-fair-value investigation as well as in 
each successive administrative review.\3\ Trinity Pac has not been 
individually examined in any of the prior segments of this proceeding. 
Trinity Pac provided the Department with no company-specific commercial 
information and no information has been presented in the current review 
that calls into question the relevance or reliability of this rate. 
Accordingly, in the Preliminary Results, we determined that, by using a 
rate of 122.88 percent that was corroborated in the investigation and 
preliminarily found to be both reliable and relevant to Trinity Pac in 
this review, we have corroborated the AFA rate ``to the extent 
practicable.'' \4\ Thus, for the final results, we continue to find 
that an AFA rate of 122.88 percent is corroborated, pursuant to section 
776(c) of the Act, and is otherwise appropriate to apply to Trinity 
Pac.\5\
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    \2\ Id., and accompanying Preliminary Decision Memorandum at 3.
    \3\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Polyethylene Retail Carrier Bags From Thailand, 69 FR 34122-
34124 (June 18, 2004), Polyethylene Retail Carrier Bags from 
Thailand: Final Results of Antidumping Duty Administrative Review, 
72 FR 1982, 1983 (January 17, 2007), Polyethylene Retail Carrier 
Bags from Thailand: Final Results of Antidumping Duty Administrative 
Review and Partial Rescission of Antidumping Duty Administrative 
Review, 72 FR 64580 (November 16, 2007), Polyethylene Retail Carrier 
Bags from Thailand: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 74 FR 2511, 2512 (January 
15, 2009) and Polyethylene Retail Carrier Bags from Thailand: Final 
Results of Antidumping Duty Administrative Review, 74 FR 65751 
(December 11, 2009).
    \4\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 7.
    \5\ Id.
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Final Determination of No Shipments

    Consistent with the Preliminary Results, we continue to determine 
that TPN had no shipments during the POR.

Rates for Respondents Not Selected for Individual Examination

    As explained fully in our Preliminary Results, we are applying a 
rate of 4.69 percent which is taken from the Section 129 Determination 
for the original antidumping duty investigation,\6\ to the nine 
companies that were not selected

[[Page 50377]]

for individual examination in this review.
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    \6\ See Notice of Implementation of Determination Under Section 
129 of the Uruguay Round Agreements Act and Partial Revocation of 
the Antidumping Duty Order on Polyethylene Retail Carrier Bags From 
Thailand, 75 FR 48940 (August 12, 2010) (Section 129 Determination).
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Final Results of the Review

    As a result of our review, we determine that the following 
weighted-average dumping margins on PRCBs from Thailand exist for the 
period August 1, 2011, through July 31, 2012:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Company                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Elite Poly and Packaging Co., Ltd...........................        4.69
Multibax Public Company Limited.............................        4.69
PMC Innopack Co., Ltd.......................................        4.69
Prepack Thailand Co., Ltd...................................        4.69
Superpac Corporation Co. Ltd................................        4.69
Siam Best Products Trading Limited Partnership..............        4.69
Two Path Plaspack Co. Ltd...................................        4.69
Sun Pack Inter Co. Ltd......................................        4.69
Apple Film Company, Ltd.....................................        4.69
Trinity Pac Co. Ltd.........................................      122.88
------------------------------------------------------------------------

Assessment Rates

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to apply an ad valorem assessment rate of 122.88 percent to all 
entries of subject merchandise during the POR which were produced and/
or exported by Trinity Pac.
    For the companies which were not selected for individual 
examination and for which we did not determine that there were no 
shipments, we will instruct CBP to apply an ad valorem assessment rate 
of 4.69 rate to all entries of subject merchandise produced and/or 
exported by such firms.
    Consistent with the Assessment Policy Notice,\7\ because TPN had no 
shipments of subject merchandise to the United States during the POR, 
we will instruct CBP to liquidate any applicable entries of subject 
merchandise at the all-others rate of 4.69 percent if there is no rate 
for the intermediate company(ies) involved in the transaction.
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    \7\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of PRCBs from Thailand entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rates 
for the reviewed companies, with the exception of TPN FlexPac Co., 
Ltd., will be the weighted-average dumping margins established in the 
final results of this review; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific weighted-average dumping margin 
published for the most recently completed segment of this proceeding; 
(3) if the exporter is not a firm covered in this review, a prior 
review, or the less-than-fair-value investigation but the manufacturer 
is, the cash deposit rate will be the weighted-average dumping margin 
established for the manufacturer of the merchandise for the most 
recently completed segment of this proceeding; (4) if neither the 
exporter nor the manufacturer has its own rate, the cash deposit rate 
will be 4.69 percent, the all-others rate established in Section 129 
Determination. These cash 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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    The Department is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: August 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-20008 Filed 8-16-13; 8:45 am]
BILLING CODE 3510-DS-P