Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 33505-33507 [2014-13644]
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Notices
Signed at Washington, DC, this 30th day of
May 2014.
Penny Pritzker,
Secretary of Commerce, Chairman and
Executive Officer, Foreign-Trade Zones
Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–13631 Filed 6–10–14; 8:45 am]
BILLING CODE 3410–XV–C
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[FR Doc. 2014–13642 Filed 6–10–14; 8:45 am]
[Order No. 1940]
BILLING CODE 3510–DS–P
Grant of Authority; Establishment of a
Foreign-Trade Zone Under the
Alternative Site Framework; Cortland
County, New York
ehiers on DSK2VPTVN1PROD with NOTICES
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Foreign-Trade Zones Act
provides for ‘‘. . . the establishment
. . . of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR Sec. 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, Cortland County, New York
(the Grantee), has made application to
the Board (B–10–2014, docketed 2/6/
2014), requesting the establishment of a
foreign-trade zone under the ASF with
a service area of Cortland County,
adjacent to the Syracuse Customs and
Border Protection port of entry;
Whereas, notice inviting public
comment has been given in the Federal
Register (79 FR 8435, 2/12/2014) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
grants to the Grantee the privilege of
establishing a foreign-trade zone,
designated on the records of the Board
as Foreign-Trade Zone No. 290, as
described in the application, and subject
to the FTZ Act and the Board’s
regulations, including Section 400.13,
and to the Board’s standard 2,000-acre
activation limit.
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15:19 Jun 10, 2014
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–821]
Polyethylene Retail Carrier Bags From
Thailand: Preliminary Results of
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on
polyethylene retail carrier bags (PRCBs)
from Thailand.1 This review covers six
companies. The period of review (POR)
is August 1, 2012, through July 31, 2013.
We preliminarily find that subject
merchandise has been sold at less than
normal value by the companies subject
to this review. Interested parties are
invited to comment on these
preliminary results.
DATES: Effective Date: June 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0768 and 202–482–1690,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the
antidumping duty order is polyethylene
retail carrier bags, which are currently
classified under subheading
3923.21.0085 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The HTSUS number is provided for
convenience and customs purposes. A
full description of the scope of the order
is contained in the Preliminary Decision
1 See Antidumping Duty Order: Polyethylene
Retail Carrier Bags From Thailand, 69 FR 48204
(August 9, 2004) (Order).
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Fmt 4703
Sfmt 4703
33505
Memorandum.2 The written description
is dispositive.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
Access to IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and it is available to
all parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
In accordance with sections 776(a)
and (b) of the Tariff Act of 1930, as
amended (the Act), we relied on facts
available with an adverse inference with
respect to Beyond Packaging Co., Ltd.
(Beyond Packaging), the sole company
selected for individual examination in
this review. Thus, we preliminarily
assign a rate of 122.88 percent as the
weighted-average dumping margin for
Beyond Packaging. For a full description
of the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included in the
Appendix attached to this notice.
Rates for Respondents Not Selected for
Individual Examination
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
individual companies not selected for
examination when the Department
limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. In
administrative reviews, when the
Department does not review all of the
respondents, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance in determining a rate for
companies not individually examined.
Section 735(c)(5)(A) of the Act instructs
2 See memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of the 2012/13 Antidumping
Duty Administrative Review: Polyethylene Retail
Carrier Bags from Thailand’’ (Preliminary Decision
Memorandum), dated concurrently with this notice.
E:\FR\FM\11JNN1.SGM
11JNN1
33506
Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Notices
that we do not calculate an all-others
rate using any zero or de minimis
weighted-average dumping margins or
any weighted-average dumping margins
based entirely on facts available. Section
735(c)(5)(B) of the Act states that ‘‘if the
estimated weighted average dumping
margins established for all exporters and
producers individually investigated are
zero or de minimis, or determined
entirely under section 776’’ in an
investigation, the Department may ‘‘use
any reasonable method to establish the
estimated all-others rate for exporters
and producers not individually
investigated.’’ In this administrative
review, the only rate preliminarily
applied to an individually examined
respondent has been determined
entirely pursuant to section 776(a) and
(b) of the Act. Therefore, consistent with
section 735(c)(5)(B) of the Act, we
preliminarily determine that a
reasonable method for determining the
weighted-average dumping margins for
the five non-examined respondents in
this review is to apply the all-others rate
of 4.69 percent.3 This all-others rate is
taken from the Section 129
Determination for the original less-thanfair-value investigation.4
Preliminary Results of Review
As a result of our review, we
preliminarily determine that the
following weighted-average dumping
margins on PRCBs from Thailand exist
for the period August 1, 2011, through
July 31, 2012 at the following rates:
five days after the date for filing case
briefs.5 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.6 Interested
parties who wish to comment on the
preliminary results must file briefs
electronically using IA ACCESS. An
electronically-filed document must be
received successfully in its entirety in
IA ACCESS, by 5 p.m. Eastern Time on
the date the document is due.
Pursuant to 19 CFR 351.310(c),
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
Enforcement and Compliance, filed
electronically via IA ACCESS. An
electronically filed document must be
received successfully in its entirety in
IA ACCESS by 5 p.m. Eastern Time
within 30 days after the date of
publication of this notice. 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 discussd. Issues raised in
the hearing will be limited to those
raised in the respective case briefs.
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the 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
Company
Department shall determine, and CBP
shall assess, antidumping duties on all
Beyond Packaging Co., Ltd. .....
122.88
appropriate entries covered by this
Dpac Inter Corporation Co.,
Ltd. ........................................
4.69 review. For the final results, if we
continue to rely on adverse facts
Elite Poly and Packaging Co.,
Ltd. ........................................
4.69 available to establish Beyond
Poly World Co., Ltd. .................
4.69 Packaging’s weighted-average dumping
Triple B Pack Company Limited
4.69 margin, we will instruct CBP to apply
Two Path Plaspack Co., Ltd. ....
4.69 an ad valorem assessment rate of 122.88
percent to all entries of subject
Disclosure and Public Comment
merchandise during the POR which
were produced and/or exported by
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs Beyond Packaging.
For the companies which were not
not later than 30 days after the date of
selected for individual examination we
publication of this notice. Rebuttal
will instruct CBP to apply an ad
briefs, limited to issues raised in the
valorem assessment rate of 4.69 percent
case briefs, may be filed not later than
to all entries of subject merchandise
3 For a full description of the methodology
produced and/or exported by such
underlying our conclusions, see Preliminary
firms.
Decision Memorandum.
We intend to issue liquidation
4 See Notice of Implementation of Determination
instructions to CBP 15 days after
Under Section 129 of the Uruguay Round
ehiers on DSK2VPTVN1PROD with NOTICES
Rate
(percent)
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).
VerDate Mar<15>2010
15:19 Jun 10, 2014
Jkt 232001
19 CFR 351.309(d).
19 CFR 351.303 (for general filing
requirements).
publication of the final results of
review. We also intend to communicate
with CBP regarding Beyond Packaging’s
declared address for subject entries and
provide evidence to CBP of our attempts
to find an accurate address.
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 will be the rates established
in the final results of this review; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
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 rate established for the most
recently completed segment of this
proceeding for the manufacturer of the
merchandise; (4) if neither the exporter
nor the manufacturer has its own rate,
the cash deposit rate will be 4.69
percent.7 These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notifications to Importers
This notice 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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
5 See
6 See
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Fmt 4703
Sfmt 4703
7 See
E:\FR\FM\11JNN1.SGM
Section 129 Determination.
11JNN1
Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Notices
Dated: June 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Discussion of the Methodology
1. Selection of Respondents
2. Request for Duty Absorption
Determinations
3. Use of Facts Otherwise Available
a. Use of Facts Available
b. Application of Facts Available With an
Adverse Inference
c. Selection and Corroboration of
Information Used As Facts Available
4. Rate for Non-Selected Companies
E. Recommendation
[FR Doc. 2014–13644 Filed 6–10–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 84–24A12]
Export Trade Certificate of Review
Notice of Application To
Amend the Export Trade Certificate of
Review Issued to Northwest Fruit
Exporters, Application No. 84–25A12.
ACTION:
The Office of Trade and
Economic Analysis (‘‘OTEA’’) of the
International Trade Administration,
Department of Commerce, has received
an application to amend an Export
Trade Certificate of Review
(‘‘Certificate’’). This notice summarizes
the proposed amendment and requests
comments relevant to whether the
amended Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, Office of
Competition and Economic Analysis,
International Trade Administration,
(202) 482–5131 (this is not a toll-free
number) or email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
Export Trading Company Act of 1982
ehiers on DSK2VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:19 Jun 10, 2014
Jkt 232001
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether an amended Certificate should
be issued. If the comments include any
privileged or confidential business
information, it must be clearly marked
and a nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
An original and five (5) copies, plus
two (2) copies of the nonconfidential
version, should be submitted no later
than 20 days after the date of this notice
to: Export Trading Company Affairs,
International Trade Administration,
U.S. Department of Commerce, Room
7025X, Washington, DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 84–24A12.’’
The Northwest Fruit Exporters’
(‘‘NWF’’) original Certificate was issued
on June 11, 1984 (49 FR 24581), and last
amended on September 11, 2013 (78 FR
58286). A summary of the current
application for an amendment follows.
Summary of the Application
Applicant: Northwest Fruit Exporters,
105 South 18th Street, Suite 227,
Yakima, WA 98901.
Contact: Fred Scarlett, Manager, (509)
576–8004.
Application No.: 84–25A12.
Date Deemed Submitted: May 27,
2014.
Proposed Amendment: NWF seeks to
amend its Certificate to:
1. Add the following company as a
new Member of the Certificate within
the meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)): Garrett
Ranches Packing (Wilder, ID); and
2. Remove the following companies as
Members of NWF’s Certificate: Eakin
Fruit Co. (Union Gap, WA); and Wenoka
Sales LLC (Wenatchee, WA); and
3. Change the name of the following
member: Underwood Fruit and
Warehouse (White Salmon, WA) is now
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Frm 00016
Fmt 4703
Sfmt 4703
33507
The Dalles Fruit Company, LLC
(Dallesport, WA).
NWFE’s proposed amendment of its
Export Trade Certificate of Review
would result in the following
membership list:
Allan Bros., Naches, WA
AltaFresh L.L.C. dba Chelan Fresh
Marketing, Chelan, WA
Apple King, L.L.C., Yakima, WA
Auvil Fruit Co., Inc., Orondo, WA
Baker Produce, Inc., Kennewick, WA
Blue Bird, Inc., Peshastin, WA
Blue Mountain Growers, Inc., MiltonFreewater, OR
Blue Star Growers, Inc., Cashmere, WA
Borton & Sons, Inc., Yakima, WA
Brewster Heights Packing & Orchards,
LP, Brewster, WA
Broetje Orchards LLC, Prescott, WA
C& M Fruit Packers, Wenatchee, WA
C.M. Holtzinger Fruit Co., Inc., Yakima,
WA
Chelan Fruit Cooperative, Chelan, WA
Chiawana, Inc. dba Columbia Reach
Pack, Yakima, WA
Columbia Fruit Packers, Inc.,
Wenatchee, WA
Columbia Marketing International Corp.,
Wenatchee, WA
Columbia Valley Fruit, L.L.C., Yakima,
WA
Congdon Packing Co. L.L.C., Yakima,
WA
Conrad & Adams Fruit L.L.C.,
Grandview, WA
Cowiche Growers, Inc., Cowiche, WA
CPC International Apple Company,
Tieton, WA
Crane & Crane, Inc., Brewster, WA
Custom Apple Packers, Inc., Brewster,
Quincy, and Wenatchee, WA
Diamond Fruit Growers, Odell, OR
Domex Marketing, Yakima, WA
Douglas Fruit Company, Inc., Pasco, WA
Dovex Export Company, Wenatchee,
WA
E. Brown & Sons, Inc., MiltonFreewater, OR
Evans Fruit Co., Inc., Yakima, WA
E.W. Brandt & Sons, Inc., Parker, WA
Frosty Packing Co., LLC, Yakima, WA
G&G Orchards, Inc., Yakima, WA
Garrett Ranches Packing, Wilder, ID
Gilbert Orchards, Inc., Yakima, WA
Gold Digger Apples, Inc., Oroville, WA
Hansen Fruit & Cold Storage Co., Inc.,
Yakima, WA
Henggeler Packing Co., Inc., Fruitland,
ID
Highland Fruit Growers, Inc., Yakima,
WA
HoneyBear Growers, Inc., (Brewster,
WA)
Honey Bear Tree Fruit Co., LLC,
Wenatchee, WA
Hood River Cherry Company, Hood
River, OR
Ice Lakes LLC, E. Wenatchee, WA
E:\FR\FM\11JNN1.SGM
11JNN1
Agencies
[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Notices]
[Pages 33505-33507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13644]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyethylene
retail carrier bags (PRCBs) from Thailand.\1\ This review covers six
companies. The period of review (POR) is August 1, 2012, through July
31, 2013. We preliminarily find that subject merchandise has been sold
at less than normal value by the companies subject to this review.
Interested parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
From Thailand, 69 FR 48204 (August 9, 2004) (Order).
---------------------------------------------------------------------------
DATES: Effective Date: June 11, 2014.
FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768 and 202-482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is
polyethylene retail carrier bags, which are currently classified under
subheading 3923.21.0085 of the Harmonized Tariff Schedule of the United
States (HTSUS). The HTSUS number is provided for convenience and
customs purposes. A full description of the scope of the order is
contained in the Preliminary Decision Memorandum.\2\ The written
description is dispositive.
---------------------------------------------------------------------------
\2\ See memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for Preliminary Results of the 2012/13
Antidumping Duty Administrative Review: Polyethylene Retail Carrier
Bags from Thailand'' (Preliminary Decision Memorandum), dated
concurrently with this notice.
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
Access to IA ACCESS is available to registered users at https://iaaccess.trade.gov and it is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Methodology
In accordance with sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act), we relied on facts available with an
adverse inference with respect to Beyond Packaging Co., Ltd. (Beyond
Packaging), the sole company selected for individual examination in
this review. Thus, we preliminarily assign a rate of 122.88 percent as
the weighted-average dumping margin for Beyond Packaging. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included in the Appendix attached to
this notice.
Rates for Respondents Not Selected for Individual Examination
The statute and the Department's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for examination when the Department limits its examination in
an administrative review pursuant to section 777A(c)(2) of the Act. In
administrative reviews, when the Department does not review all of the
respondents, the Department looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
investigation, for guidance in determining a rate for companies not
individually examined. Section 735(c)(5)(A) of the Act instructs
[[Page 33506]]
that we do not calculate an all-others rate using any zero or de
minimis weighted-average dumping margins or any weighted-average
dumping margins based entirely on facts available. Section 735(c)(5)(B)
of the Act states that ``if the estimated weighted average dumping
margins established for all exporters and producers individually
investigated are zero or de minimis, or determined entirely under
section 776'' in an investigation, the Department may ``use any
reasonable method to establish the estimated all-others rate for
exporters and producers not individually investigated.'' In this
administrative review, the only rate preliminarily applied to an
individually examined respondent has been determined entirely pursuant
to section 776(a) and (b) of the Act. Therefore, consistent with
section 735(c)(5)(B) of the Act, we preliminarily determine that a
reasonable method for determining the weighted-average dumping margins
for the five non-examined respondents in this review is to apply the
all-others rate of 4.69 percent.\3\ This all-others rate is taken from
the Section 129 Determination for the original less-than-fair-value
investigation.\4\
---------------------------------------------------------------------------
\3\ For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
\4\ 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).
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of our review, we preliminarily determine that the
following weighted-average dumping margins on PRCBs from Thailand exist
for the period August 1, 2011, through July 31, 2012 at the following
rates:
------------------------------------------------------------------------
Rate
Company (percent)
------------------------------------------------------------------------
Beyond Packaging Co., Ltd.................................. 122.88
Dpac Inter Corporation Co., Ltd............................ 4.69
Elite Poly and Packaging Co., Ltd.......................... 4.69
Poly World Co., Ltd........................................ 4.69
Triple B Pack Company Limited.............................. 4.69
Two Path Plaspack Co., Ltd................................. 4.69
------------------------------------------------------------------------
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. 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.\5\ 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.\6\ Interested parties who wish to comment on the
preliminary results must file briefs electronically using IA ACCESS. An
electronically-filed document must be received successfully in its
entirety in IA ACCESS, by 5 p.m. Eastern Time on the date the document
is due.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), 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 Enforcement and
Compliance, filed electronically via IA ACCESS. An electronically filed
document must be received successfully in its entirety in IA ACCESS by
5 p.m. Eastern Time within 30 days after the date of publication of
this notice. 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 discussd. Issues raised in the hearing will be limited to
those raised in the respective case briefs.
The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
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 shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. For the final results, if we continue to rely
on adverse facts available to establish Beyond Packaging's weighted-
average dumping margin, we will instruct 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 Beyond Packaging.
For the companies which were not selected for individual
examination we will instruct CBP to apply an ad valorem assessment rate
of 4.69 percent to all entries of subject merchandise produced and/or
exported by such firms.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of review. We also intend to
communicate with CBP regarding Beyond Packaging's declared address for
subject entries and provide evidence to CBP of our attempts to find an
accurate address.
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 will be the rates established in the final
results of this review; (2) for merchandise exported by manufacturers
or exporters not covered in this review but covered in a prior segment
of the proceeding, the cash deposit rate will continue to be the
company-specific rate 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 rate established
for the most recently completed segment of this proceeding for the
manufacturer of the merchandise; (4) if neither the exporter nor the
manufacturer has its own rate, the cash deposit rate will be 4.69
percent.\7\ These deposit requirements, when imposed, shall remain in
effect until further notice.
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\7\ See Section 129 Determination.
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Notifications to Importers
This notice 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 33507]]
Dated: June 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Discussion of the Methodology
1. Selection of Respondents
2. Request for Duty Absorption Determinations
3. Use of Facts Otherwise Available
a. Use of Facts Available
b. Application of Facts Available With an Adverse Inference
c. Selection and Corroboration of Information Used As Facts
Available
4. Rate for Non-Selected Companies
E. Recommendation
[FR Doc. 2014-13644 Filed 6-10-14; 8:45 am]
BILLING CODE 3510-DS-P