Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review; 2013-2014, 39056-39057 [2015-16723]

Download as PDF 39056 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices parties may submit case briefs to the Department in response to these preliminary results no later than 30 days after the publication of these preliminary results.2 Rebuttal briefs, the content of which is limited to the issues raised in the case briefs, must be filed within five days from the deadline date for the submission of case briefs.3 Parties who submit arguments in this proceeding are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.4 Executive summaries should be limited to five pages total, including footnotes. Case and rebuttal briefs should be filed using ACCESS.5 In order to be properly filed, ACCESS must successfully receive an electronically-filed document in its entirety by 5 p.m. Eastern Time. Case and rebuttal briefs must be served on interested parties.6 Within 30 days of the date of publication of this notice, interested parties may request a public hearing on arguments raised in the case and rebuttal briefs.7 Unless the Department specifies otherwise, the hearing, if requested, will be held two days after the date for submission of rebuttal briefs.8 Written argument and hearing requests should be electronically submitted to the Department via ACCESS.9 The Department’s electronic records system, ACCESS, must successfully receive an electronicallyfiled document in its entirety by 5:00 p.m. Eastern Daylight Time within 30 days after the date of publication of this notice.10 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. Parties will be notified of the time and location of the hearing. The Department intends to publish the final results of this administrative review, including the results of its analysis of issues addressed in any case or rebuttal brief, no later than 120 days after publication of the preliminary results, unless extended.11 2 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(d)(1) and (2). 4 See 19 CFR 351.309(c)(2) and (d)(2). 5 See generally 19 CFR 351.303. 6 See 19 CFR 351.303(f). 7 See 19 CFR 351.310(c). 8 See 19 CFR 351.310(d)(1). 9 See generally 19 CFR 351.303. 10 See 19 CFR 351.310(c). 11 See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h). srobinson on DSK5SPTVN1PROD with NOTICES 3 See VerDate Sep<11>2014 18:49 Jul 07, 2015 Jkt 235001 Assessment Rates Upon completion of this administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries.12 If Perfiles’ weighted-average dumping margin is not zero or de minimis in the final results of this review, we will calculate importerspecific assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for an importer’s examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1). 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. We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Perfiles will be that established in the final results of this administrative review (except, if the rate is zero or de minimis, no cash deposit will be required); (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 recent period; (3) if the exporter is not a firm covered in this review, a prior review, or in the less-than-fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be the allothers rate of 3.76 percent, which is the all-others rate established in the investigation.13 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement 12 See 13 See PO 00000 19 CFR 351.212(b)(1) Orders, 73 FR at 45404. Frm 00007 Fmt 4703 Sfmt 4703 of antidumping duties prior to liquidation of the relevant entries during this review period. 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. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1). Dated: July 1, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis 5. Product Comparisons 6. Date of Sale 7. Export Price 8. Normal Value A. Home Market Viability as Comparison Market B. Level of Trade C. Sales to Affiliated Customers D. Calculation of Normal Value Based on Comparison Market Prices 9. Currency Conversion 10. Recommendation [FR Doc. 2015–16724 Filed 7–7–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–821] Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review; 2013– 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 7, 2015, 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.1 For these final results, we continue to find that subject AGENCY: 1 See Polyethylene Retail Carrier Bags from Thailand: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2013–2014, 80 FR 26224 (May 7, 2015) (Preliminary Results) and accompanying Preliminary Decision Memorandum, dated May 1, 2015 (Preliminary Decision Memorandum). E:\FR\FM\08JYN1.SGM 08JYN1 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices merchandise has been sold at less than normal value by Beyond Packaging Co., Ltd. (Beyond Packaging) during the period of review (POR). DATES: Effective Date: July 8, 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: srobinson on DSK5SPTVN1PROD with NOTICES Background On May 7, 2015, the Department published the Preliminary Results. The POR is August 1, 2013, through July 31, 2014. We invited interested parties to comment on the Preliminary Results. We received no comments. The Department 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 VerDate Sep<11>2014 18:49 Jul 07, 2015 Jkt 235001 39057 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. 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.3 These cash deposit requirements, when imposed, shall remain in effect until further notice. Final Results of the Review For the final results of this review, in accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we continued to rely on facts available with an adverse inference to establish a rate of 122.88 percent as the weighted-average dumping margin for Beyond Packaging. As the Department explained in the Preliminary Decision Memorandum, the 122.88 percent rate is derived from the petition in the underlying investigation, and the Department determined that for purposes of this review, the rate is corroborated, in accordance with section 776(c) of the Act.2 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. 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 Beyond Packaging. 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 final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Beyond Packaging will be 122.88 percent, the weighted-average dumping margin established in the final results of this administrative 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 PO 00000 2 See Preliminary Decision Memorandum at 8. Frm 00008 Fmt 4703 Sfmt 9990 Notification to Importers 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. Notification to Interested Parties The Department is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1), and 777(i) of the Act and 19 CFR 351.213(h). Dated: June 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–16723 Filed 7–7–15; 8:45 am] BILLING CODE 3510–DS–P 3 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). E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39056-39057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16723]


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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; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 7, 2015, 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.\1\ For these final results, we continue to find that subject

[[Page 39057]]

merchandise has been sold at less than normal value by Beyond Packaging 
Co., Ltd. (Beyond Packaging) during the period of review (POR).
---------------------------------------------------------------------------

    \1\ See Polyethylene Retail Carrier Bags from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review and 
Rescission of Review in Part; 2013-2014, 80 FR 26224 (May 7, 2015) 
(Preliminary Results) and accompanying Preliminary Decision 
Memorandum, dated May 1, 2015 (Preliminary Decision Memorandum).

---------------------------------------------------------------------------
DATES: Effective Date: July 8, 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:

Background

    On May 7, 2015, the Department published the Preliminary Results. 
The POR is August 1, 2013, through July 31, 2014. We invited interested 
parties to comment on the Preliminary Results. We received no comments.
    The Department 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.

Final Results of the Review

    For the final results of this review, in accordance with sections 
776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we 
continued to rely on facts available with an adverse inference to 
establish a rate of 122.88 percent as the weighted-average dumping 
margin for Beyond Packaging. As the Department explained in the 
Preliminary Decision Memorandum, the 122.88 percent rate is derived 
from the petition in the underlying investigation, and the Department 
determined that for purposes of this review, the rate is corroborated, 
in accordance with section 776(c) of the Act.\2\
---------------------------------------------------------------------------

    \2\ See Preliminary Decision Memorandum at 8.
---------------------------------------------------------------------------

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 Beyond Packaging.
    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 final results of administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Beyond Packaging 
will be 122.88 percent, the weighted-average dumping margin established 
in the final results of this administrative 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.\3\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

Notification to Importers

    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.

Notification to Interested Parties

    The Department is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1), and 777(i) 
of the Act and 19 CFR 351.213(h).

    Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-16723 Filed 7-7-15; 8:45 am]
 BILLING CODE 3510-DS-P