Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2013-2014, 26224-26226 [2015-11087]
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26224
Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
liquidate appropriate entries without
regard to antidumping duties.22 We
intend to instruct CBP to liquidate
entries containing subject merchandise
exported by the PRC-wide entity at the
PRC-wide rate.
The Department announced a
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases.23
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during the administrative review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. Additionally, if the Department
determines that an exporter 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 PRC-wide rate.24
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For any
companies listed that have a separate
rate, the cash deposit rate will be that
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity; and (4) 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 exporter that
supplied that non-PRC exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
19 CFR 351.106(c)(2).
23 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
24 Id.
Dated: April 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Companies Subject to the
Administrative Review That Are
Preliminarily Determined To Be Part of
the PRC-Wide Entity
Fastco (Shanghai) Trading Co., Ltd.
Gem-Year Industrial Co., Ltd.
Haiyan Dayu Fasteners Co., Ltd.
Jiaxing Brother Standard Part Co., Ltd., IFI &
Morgan Ltd. and RMB Fasteners Ltd.
(collectively ‘‘RMB/IFI Group’’)
Jiaxing Brother Standard Part.
Midas Union Co., Ltd.
New Pole Power System Co. Ltd.
Shanghai P&J International Trading Co., Ltd.
Zhejiang Morgan Brother Technology Co.
Ltd.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum:
Summary
1. Background
2. Verification
3. Respondent Selection
4. Scope of the Order
5. Questionnaires
6. Non-Market Economy Country
7. PRC-Wide Entity
8. Separate Rates
9. Application of Facts Available and Use
of Adverse Inference
10. Conclusion
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International Trade Administration
[A–549–821]
This notice also 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 the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
[FR Doc. 2015–11082 Filed 5–6–15; 8:45 am]
22 See
DEPARTMENT OF COMMERCE
Polyethylene Retail Carrier Bags From
Thailand: Preliminary Results of
Antidumping Duty Administrative
Review and Rescission of Review in
Part; 2013–2014
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 33
companies. The period of review (POR)
is August 1, 2013, through July 31, 2014.
We preliminarily find that subject
merchandise has been sold at less than
normal value by the one company
subject to this review, Beyond
Packaging Co., Ltd. Interested parties are
invited to comment on these
preliminary results.
AGENCY:
DATES:
Effective Date: May 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov 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)
482–0665 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.
1 See Antidumping Duty Order: Polyethylene
Retail Carrier Bags From Thailand, 69 FR 48204
(August 9, 2004) (Order).
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 2013/2014 Antidumping
Duty Administrative Review: Polyethylene Retail
Carrier Bags from Thailand’’ (Preliminary Decision
Memorandum), dated concurrently with this notice.
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
Rescission of Review in Part
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Except for Beyond
Packaging Co., Ltd. (Beyond Packaging),
the petitioners 3 withdrew their request
for an administrative review of the
remaining 32 companies identified in
the Initiation Notice 4 within the 90-day
period.5 The petitioners were the only
party to request a review of these
companies. Accordingly, we are
rescinding this administrative review, in
part, with respect to these companies in
accordance with 19 CFR 351.213(d)(1).
mstockstill on DSK4VPTVN1PROD with NOTICES
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, the sole
company selected for individual
examination and sole company in this
review. Thus, we preliminarily assigned
a rate of 122.88 percent as the weightedaverage dumping margin for Beyond
Packaging. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and 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/
index.html. A list of topics included in
the Preliminary Decision Memorandum
is included in Appendix I attached to
3 Polyethylene Retail Carrier Bag Committee and
its individual members, Hilex Poly Co., LLC, and
Superbag Corporation (collectively, the petitioners).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 58729
(September 30, 2014) (Initiation Notice). The
Initiation Notice incorrectly lists one of the
companies as 2PK Inetrplas Co., Ltd., instead of
2PK Interplas Co., Ltd. This error was corrected in
Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation
in Part, 79 FR 64565 (October 30, 2014).
5 See letter from King & Spalding LLP on behalf
of the petitioners entitled ‘‘Polyethylene Retail
Carrier Bags from Thailand: Partial Withdrawal of
Request for Administrative Review’’ dated
December 16, 2014.
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this notice. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin on PRCBs from Thailand exists
for the period August 1, 2013, through
July 31, 2014, at the following rate:
Company
Rate
(percent)
Beyond Packaging Co., Ltd ........
122.88
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.6 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.7
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 within 30
days after the date of publication of this
notice.8 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
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs.
When submitting a document to the
Department via the Department’s
electronic records system, ACCESS, the
document must be received successfully
in its entirety by 5 p.m. Eastern Time on
the date on which it is due.
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, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the
administrative review, the Department
6 See
19 CFR 351.309(d).
19 CFR 351.303 (for general filing
requirements).
8 See 19 CFR 351.310(c).
7 See
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26225
shall determine, and U.S. Customs and
Border Protection (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 for which the
review is rescinded, the antidumping
duty shall be assessed at the rate equal
to the cash deposit of the estimated
antidumping duty required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(2). We will instruct CBP
accordingly.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of
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 rate for Beyond Packaging will
be equal to the weighted-average
dumping margin 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.9 These deposit requirements,
when imposed, shall remain in effect
until further notice.
9 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).
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26226
Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
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.
Dated: May 1, 2015.
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. Rescission of Review in Part
E. Discussion of the Methodology
1. 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
2. Duty Absorption
F. Recommendation
[FR Doc. 2015–11087 Filed 5–6–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–984]
Drawn Stainless Steel Sinks From the
People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review,
Rescission in Part, and Intent To
Rescind the Review in Part; 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
countervailing duty (CVD) order on
drawn stainless steel sinks (sinks) from
the People’s Republic of China (PRC).
The period of review (POR) is August 6,
2012, through December 31, 2013. We
preliminarily find that Guangdong
Dongyuan Kitchenware Industrial Co.,
Ltd. (Dongyuan) received
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AGENCY:
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18:07 May 06, 2015
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countervailable subsidies during the
POR. We are rescinding the review with
respect to Foshan Zhaoshun Trade Co.,
Ltd. (Zhaoshun), Zhongshan Superte
Kitchenware Co., Ltd. (Superte),
Zhongshan Newecan Enterprise
Development Corporation Limited
(Newecan), Zhongshan Silk Imp. & Exp.
Group Co., Ltd. of Guangdong
(Zhongshan Silk). Further, we
preliminarily find that Shunde Native
Produce Import and Export Co., Ltd. of
Guangdong (Native Produce) did not
have any reviewable entries during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: May 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Jennifer Meek or Joshua Morris, 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) 482–2778 and (202)
482–1779, respectively.
Scope of the Order
Drawn stainless steel sinks are sinks
with single or multiple drawn bowls,
with or without drain boards, whether
finished or unfinished, regardless of
type of finish, gauge, or grade of sinks.
The products covered by this order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under statistical reporting
number 7324.10.0000. Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.
A full description of the scope of the
order is contained in the memorandum
from Christian Marsh, Deputy Assistant
Secretary for Enforcement and
Compliance, to Paul Piquado, Assistant
Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum
for Preliminary Results of
Countervailing Duty Administrative
Review: Drawn Stainless Steel Sinks
from the People’s Republic of China’’
dated concurrently with this notice
(Preliminary Decision Memorandum),
which is hereby adopted by this notice.
A list of topics discussed in the
Preliminary Decision Memorandum is
provided as Appendix I to 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 (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room 7046 of the
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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
version of the Preliminary Decision
Memorandum are identical in content.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each program
found countervailable, we preliminarily
determine that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.1
In making the preliminary findings,
we relied, in part, on facts available and,
because the Government of the PRC did
not act to the best of its ability to
respond to the Department’s requests for
information, we applied an adverse
inference in selecting from among the
facts otherwise available.2 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Partial Rescission
As discussed in the Preliminary
Decision Memorandum, the companies
Zhaoshun, Superte, Newecan, and
Zhongshan Silk timely withdrew their
requests for administrative review of
themselves.3 No other parties requested
reviews of these companies. The
Department, pursuant to 19 CFR
351.213(d)(1), is therefore rescinding
this administrative review with respect
to Zhaoshun, Superte, Newecan, and
Zhongshan Silk.4
Preliminary Determination of No
Shipments and Intent To Rescind the
Review in Part
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information and information provided
by Native Produce, we preliminarily
determine that Native Produce did not
1 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
2 See sections 776(a) and (b) of the Act. For
further information, see ‘‘Use of Facts Otherwise
Available and Adverse Inferences’’ in the
Preliminary Decision Memorandum.
3 As noted in the Preliminary Decision
Memorandum, Native Produce also submitted a
withdrawal of its request for review. It did so,
however, after the 90-day deadline pursuant to 19
CFR 351.213(d)(1) and was, therefore, untimely.
4 See Appendix II for the full list of companies
for which this review is being rescinded.
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Agencies
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26224-26226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11087]
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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 and Rescission of
Review in Part; 2013-2014
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 33
companies. The period of review (POR) is August 1, 2013, through July
31, 2014. We preliminarily find that subject merchandise has been sold
at less than normal value by the one company subject to this review,
Beyond Packaging Co., Ltd. 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: May 7, 2015.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov 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-
0665 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 2013/2014
Antidumping Duty Administrative Review: Polyethylene Retail Carrier
Bags from Thailand'' (Preliminary Decision Memorandum), dated
concurrently with this notice.
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[[Page 26225]]
Rescission of Review in Part
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. Except
for Beyond Packaging Co., Ltd. (Beyond Packaging), the petitioners \3\
withdrew their request for an administrative review of the remaining 32
companies identified in the Initiation Notice \4\ within the 90-day
period.\5\ The petitioners were the only party to request a review of
these companies. Accordingly, we are rescinding this administrative
review, in part, with respect to these companies in accordance with 19
CFR 351.213(d)(1).
---------------------------------------------------------------------------
\3\ Polyethylene Retail Carrier Bag Committee and its individual
members, Hilex Poly Co., LLC, and Superbag Corporation
(collectively, the petitioners).
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
58729 (September 30, 2014) (Initiation Notice). The Initiation
Notice incorrectly lists one of the companies as 2PK Inetrplas Co.,
Ltd., instead of 2PK Interplas Co., Ltd. This error was corrected in
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 79 FR 64565 (October 30,
2014).
\5\ See letter from King & Spalding LLP on behalf of the
petitioners entitled ``Polyethylene Retail Carrier Bags from
Thailand: Partial Withdrawal of Request for Administrative Review''
dated December 16, 2014.
---------------------------------------------------------------------------
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, the sole company
selected for individual examination and sole company in this review.
Thus, we preliminarily assigned 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. The Preliminary Decision Memorandum is
a public document and is made available to the public via Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at https://access.trade.gov and 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/. A list of topics included in the
Preliminary Decision Memorandum is included in Appendix I attached to
this notice. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin on PRCBs from Thailand exists
for the period August 1, 2013, through July 31, 2014, at the following
rate:
------------------------------------------------------------------------
Rate
Company (percent)
------------------------------------------------------------------------
Beyond Packaging Co., Ltd.................................. 122.88
------------------------------------------------------------------------
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.\6\ 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.\7\
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 within 30 days after the date of publication of this
notice.\8\ 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 discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs.
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.303 (for general filing requirements).
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
When submitting a document to the Department via the Department's
electronic records system, ACCESS, the document must be received
successfully in its entirety by 5 p.m. Eastern Time on the date on
which it is due.
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, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and U.S. Customs and Border Protection (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 for which the review is rescinded, the
antidumping duty shall be assessed at the rate equal to the cash
deposit of the estimated antidumping duty required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(2). We will instruct CBP accordingly.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of 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 rate for
Beyond Packaging will be equal to the weighted-average dumping margin
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.\9\ These deposit requirements, when imposed,
shall remain in effect until further notice.
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\9\ 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).
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[[Page 26226]]
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.
Dated: May 1, 2015.
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. Rescission of Review in Part
E. Discussion of the Methodology
1. 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
2. Duty Absorption
F. Recommendation
[FR Doc. 2015-11087 Filed 5-6-15; 8:45 am]
BILLING CODE 3510-DS-P