Polyethylene Retail Carrier Bags From Taiwan: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 61056-61057 [2014-24156]

Download as PDF 61056 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Notices all appropriate entries for MCC EuroChem without regard to antidumping duties. For entries of subject merchandise during the POR produced by MCC EuroChem for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements mstockstill on DSK4VPTVN1PROD with NOTICES The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of solid urea from Russia entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for MCC EuroChem will be 0.00 percent, the weighted average dumping margin established in the final results of this administrative review; (2) for previously reviewed or investigated companies not listed above, 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 original investigation but the manufacturer is, the cash deposit rate will be the rate established for the manufacturer of the merchandise for the most recently completed segment of this proceeding; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 64.93 percent, the allothers rate established in the original less-than-fair-value (LTFV) investigation.3 The rate established in the LTFV investigation for the Soviet Union was applied to each new independent state, including Russia. These cash deposit requirements, when 3 See Urea From the Union of Soviet Socialist Republics; Final Determination of Sales at Less Than Fair Value, 52 FR 19557 (May 26, 1987). Also note that following the break-up of the Soviet Union, the antidumping duty order on solid urea from the Soviet Union was transferred to the individual members of the Commonwealth of Independent States. See Solid Urea From the Union of Soviet Socialist Republics; Transfer of the Antidumping Order on Solid Urea From the Union of Soviet Socialist Republics to the Commonwealth of Independent States and the Baltic States and Opportunity to Comment, 57 FR 28828 (June 29, 1992). VerDate Sep<11>2014 17:56 Oct 08, 2014 Jkt 235001 imposed, shall remain in effect until further notice. DATES: Notification to Importers Hermes Pinilla or Minoo Hatten, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482–3477, and (202) 482–1690, respectively. 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. Administrative Protective Orders 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, and 19 CFR 351.213(h). Dated: October 3, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–24157 Filed 10–8–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–843] Polyethylene Retail Carrier Bags From Taiwan: Affirmative Final Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) determines that imports of unfinished polyethylene retail carrier bags (PRCBs) from Taiwan are circumventing the antidumping duty order on PRCBs from Taiwan.1 AGENCY: 1 See Antidumping Duty Orders: Polyethylene Retail Carrier Bags from Indonesia, Taiwan, and the Socialist Republic of Vietnam, 75 FR 23667 (May 4, 2010) (the Order). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Effective October 9, 2014. FOR FURTHER INFORMATION CONTACT: Background We initiated an anti-circumvention inquiry of the antidumping duty order on PRCBs from Taiwan on July 31, 2013, pursuant to section 781(a) of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.225(g).2 We published the affirmative preliminary determination on June 2, 2014, finding that imports of unfinished PRCBs from Taiwan are circumventing the Order.3 We invited interested parties to comment on the Preliminary Determination. We received no comments. Scope of the Order The merchandise subject to the Order is PRCBs which may be referred to as tshirt 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 2 See Polyethylene Retail Carrier Bags From Taiwan: Initiation of Anti-circumvention Inquiry on Antidumping Duty Order, 78 FR 46319 (July 31, 2013). 3 See Polyethylene Retail Carrier Bags From Taiwan: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 79 FR 31302 (June 2, 2014) (Preliminary Determination). E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Notices packaging and carrying merchandise from retail establishments, e.g., garbage bags, lawn bags, trash-can liners. Imports of the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). This subheading also covers products that are outside the scope of the order. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Scope of the Circumvention Inquiry This circumvention inquiry covers merchandise from Taiwan that appears ready to undergo the final processing of cutting the unfinished PRCBs to length, sealing the bottoms, and die-cutting the unfinished PRCBs to create the handles of the finished PRCBs. The unfinished PRCBs subject to this inquiry may or may not have printing and may be of different dimensions as long as they otherwise meet the description of the scope of the order. mstockstill on DSK4VPTVN1PROD with NOTICES Final Determination In the Preliminary Determination, we determined that imports of unfinished PRCBs from Taiwan are circumventing the Order. Specifically, we determined that imports of unfinished PRCBs from Taiwan are being completed and sold in the United States pursuant to the statutory and regulatory criteria laid out in section 781(a) of the Act and 19 CFR 351.225(g). We based our Preliminary Determination upon record evidence submitted by the petitioners and an importer, SmileMakers, Inc. For a complete discussion of the evidence which led to our preliminary determination, see the Preliminary Determination.4 Because no party provided any additional information or comments regarding our Preliminary Determination, our final determination remains unchanged from the Preliminary Determination. Accordingly, we determine, pursuant to section 781(a) of the Act and 19 CFR 351.225(g), that imports of unfinished PRCBs from the Taiwan are circumventing the Order. Continuation of Suspension of Liquidation As a result of this determination, and consistent with 19 CFR 351.225(l)(3), we intend to direct U.S. Customs and Border Protection to continue to suspend liquidation and to require a 4 Id. VerDate Sep<11>2014 cash deposit of estimated antidumping duties at the applicable rate on unliquidated entries of merchandise subject to this inquiry that are entered, or withdrawn from warehouse, for consumption on or after July 31, 2013, the date of publication of the initiation of this inquiry.5 Notifications to Interested Parties This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 violation which is subject to sanction. This determination of circumvention is in accordance with section 781(a) of the Act and 19 CFR 351.225(g). Dated: October 3, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–24156 Filed 10–8–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD296 Endangered Species; File No. 18604 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that the Guam Department of Agriculture Division of Aquatic and Wildlife Resources (DAWR), 163 Dairy Road, Mangilao, Guam 96913, has applied in due form for a permit to take green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research. DATES: Written, telefaxed, or email comments must be received on or before November 10, 2014. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected SUMMARY: Species (APPS) home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 18604 from the list of available applications. These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. Written comments on this application should be submitted to the Chief, Permits and Conservation Division by email to NMFS.Pr1Comments@noaa.gov (include the File No. in the subject line of the email), by facsimile to (301) 713– 0376, or at the address listed above. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Courtney Smith, (301) 427–8401. The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). On May 20, 2014 notice (79 FR 28899) was published that the applicant requests a five-year research permit to gather information on green and hawksbill sea turtle movement, species distribution, and health status and to document threats to the species in Guam waters. NMFS is currently processing this request. The applicant is requesting to revise the number of green sea turtles to be taken from 15 to 66 sea turtles annually, 15 of which would receive a satellite transmitter before release. All other aspects of the application would remain the same. SUPPLEMENTARY INFORMATION: Dated: October 3, 2014. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2014–24048 Filed 10–8–14; 8:45 am] BILLING CODE 3510–22–P 5 Id. 17:56 Oct 08, 2014 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 61057 E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Notices]
[Pages 61056-61057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24156]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-843]


Polyethylene Retail Carrier Bags From Taiwan: Affirmative Final 
Determination of Circumvention of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of unfinished polyethylene retail carrier bags (PRCBs) from 
Taiwan are circumventing the antidumping duty order on PRCBs from 
Taiwan.\1\
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    \1\ See Antidumping Duty Orders: Polyethylene Retail Carrier 
Bags from Indonesia, Taiwan, and the Socialist Republic of Vietnam, 
75 FR 23667 (May 4, 2010) (the Order).

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DATES: Effective October 9, 2014.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC, 20230; telephone: (202) 482-3477, and (202) 482-1690, 
respectively.

Background

    We initiated an anti-circumvention inquiry of the antidumping duty 
order on PRCBs from Taiwan on July 31, 2013, pursuant to section 781(a) 
of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 
351.225(g).\2\ We published the affirmative preliminary determination 
on June 2, 2014, finding that imports of unfinished PRCBs from Taiwan 
are circumventing the Order.\3\
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    \2\ See Polyethylene Retail Carrier Bags From Taiwan: Initiation 
of Anti-circumvention Inquiry on Antidumping Duty Order, 78 FR 46319 
(July 31, 2013).
    \3\ See Polyethylene Retail Carrier Bags From Taiwan: 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order, 79 FR 31302 (June 2, 2014) (Preliminary 
Determination).
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    We invited interested parties to comment on the Preliminary 
Determination. We received no comments.

Scope of the Order

    The merchandise subject to the 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

[[Page 61057]]

packaging and carrying merchandise from retail establishments, e.g., 
garbage bags, lawn bags, trash-can liners. Imports of the subject 
merchandise are currently classifiable under statistical category 
3923.21.0085 of the Harmonized Tariff Schedule of the United States 
(HTSUS). This subheading also covers products that are outside the 
scope of the order. Furthermore, although the HTSUS subheading is 
provided for convenience and customs purposes, our written description 
of the scope of the order is dispositive.

Scope of the Circumvention Inquiry

    This circumvention inquiry covers merchandise from Taiwan that 
appears ready to undergo the final processing of cutting the unfinished 
PRCBs to length, sealing the bottoms, and die-cutting the unfinished 
PRCBs to create the handles of the finished PRCBs. The unfinished PRCBs 
subject to this inquiry may or may not have printing and may be of 
different dimensions as long as they otherwise meet the description of 
the scope of the order.

Final Determination

    In the Preliminary Determination, we determined that imports of 
unfinished PRCBs from Taiwan are circumventing the Order. Specifically, 
we determined that imports of unfinished PRCBs from Taiwan are being 
completed and sold in the United States pursuant to the statutory and 
regulatory criteria laid out in section 781(a) of the Act and 19 CFR 
351.225(g). We based our Preliminary Determination upon record evidence 
submitted by the petitioners and an importer, SmileMakers, Inc. For a 
complete discussion of the evidence which led to our preliminary 
determination, see the Preliminary Determination.\4\
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    \4\ Id.
---------------------------------------------------------------------------

    Because no party provided any additional information or comments 
regarding our Preliminary Determination, our final determination 
remains unchanged from the Preliminary Determination. Accordingly, we 
determine, pursuant to section 781(a) of the Act and 19 CFR 351.225(g), 
that imports of unfinished PRCBs from the Taiwan are circumventing the 
Order.

Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we intend to direct U.S. Customs and Border Protection 
to continue to suspend liquidation and to require a cash deposit of 
estimated antidumping duties at the applicable rate on unliquidated 
entries of merchandise subject to this inquiry that are entered, or 
withdrawn from warehouse, for consumption on or after July 31, 2013, 
the date of publication of the initiation of this inquiry.\5\
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    \5\ Id.
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Notifications to Interested Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 violation which is 
subject to sanction.
    This determination of circumvention is in accordance with section 
781(a) of the Act and 19 CFR 351.225(g).

     Dated: October 3, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-24156 Filed 10-8-14; 8:45 am]
BILLING CODE 3510-DS-P