Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 21536-21537 [2016-08385]

Download as PDF 21536 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices 2015, pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 section (10)(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482·2813. Dated: April 6, 2016. Yvette Springer, Committee Liaison Officer. [FR Doc. 2016–08379 Filed 4–11–16; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–549–821] Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2014–2015 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. The period of review (POR) is August 1, 2014, through July 31, 2015. We preliminarily find that subject merchandise has been sold at less than normal value by K. International Packaging Co., Ltd. (K. International Packaging).1 DATES: Effective Date: April 12, 2016. FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 asabaliauskas on DSK3SPTVN1PROD with NOTICES AGENCY: 1 We initiated a review of 45 companies and subsequently rescinded the review with respect to 44 companies pursuant to a timely withdrawal of the request for review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 60356 (October 6, 2015); see also Polyethylene Retail Carrier Bags From Thailand: Rescission of Antidumping Duty Administrative Review in Part; 2014–2015, 80 FR 45952 (August 3, 2015); see also, See the Memorandum from Andre Gziryan to James Maeder titled ‘‘Polyethylene Retail Carrier Bags from Thailand: Selection of Respondents for Individual Examination’’ at footnote 5 for clarification on the company name (K. International Packaging Co., Ltd.is also known as ‘‘K. International Packing Co., Ltd.’’). VerDate Sep<11>2014 17:18 Apr 11, 2016 Jkt 238001 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2201. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to this 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). While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2 Tolling of Deadline of Preliminary Results of Review As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of this review is now May 6, 2016.3 Methodology We have relied on total facts available with respect to K. International Packaging, the sole company subject to this review. Because this company did not act to the best of its ability to respond to the Department’s requests for information, we have drawn an adverse inference in selecting from among the facts otherwise available.4 We have preliminarily determined to apply a 122.88 percent rate as adverse facts available for K. International Packaging.5 Preliminary Results of Review As a result of our review, we preliminarily determine that a weighted-average dumping margin of 2 See the Memorandum from Deputy Assistant Secretary Christian Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled, ‘‘Preliminary Decision Memorandum for the Administrative Review of the Antidumping Duty Order on Polyethylene Retail Carrier Bags from Thailand’’ dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). 3 See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas’’ dated January 27, 2016. 4 See sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). 5 For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 122.88 percent exists for K. International Packaging Co., Ltd. on PRCBs from Thailand for the period August 1, 2014, through July 31, 2015. 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, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time 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. The Department will issue the final results of this administrative and new shipper 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 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 total adverse facts available to establish K. International 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 K. International Packaging. We intend to issue liquidation instructions to CBP 15 days after 6 See 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 8 See 19 CFR 351.310(c). 7 See E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices 21537 publication of the final results of review. Recommendation FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–08385 Filed 4–11–16; 8:45 am] 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 the reviewed company will be the rate established in the final results of this review; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the lessthan-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; (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. BILLING CODE 3510–DS–P Patricia M. Tran, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1503. SUPPLEMENTARY INFORMATION: Notifications to Importer This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 6, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. asabaliauskas on DSK3SPTVN1PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of the Order Discussion of the Methodology A. Use of Facts Available B. Application of Facts Available With an Adverse Inference C. Selection and Corroboration of Information Used as Facts Available 9 See Section 129 Determination. VerDate Sep<11>2014 17:18 Apr 11, 2016 Jkt 238001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–938] Citric Acid and Certain Citrate Salts From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of Countervailing Duty Administrative Review and Notice of Amended Final Results Pursuant to Court Decision; 2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 30, 2016, the United States Court of International Trade (CIT) sustained the Department of Commerce’s (Department’s) final results of redetermination,1 which recalculated the subsidy rate for RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, RZBC Companies) in the administrative review of the countervailing duty (CVD) order on citric acid and certain citrate salts (citric acid) from the People’s Republic of China for the period January 1, 2011, through December 31, 2011,2 pursuant to the CIT’s remand order in RZBC Companies v. United States.3 Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken,4 as clarified by Diamond Sawblades,5 the Department is notifying the public that the Court’s final judgment in this case is not in harmony with the Final Results and that the Department is amending the Final Results with respect to the RZBC Companies. DATES: Effective Date: April 9, 2016. AGENCY: 1 See RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. v. United States, Court No. 14– 00041 (CIT March 30, 2016) (Court Order affirming remand redetermination) (RZBC Companies v. United States II). 2 See Citric Acid and Certain Citrate Salts From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2011, 79 FR 108 (January 2, 2014) (Final Results) and accompanying Issues and Decision Memorandum (Final IDM). 3 See RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. v. United States, Court No. 14– 00041, Slip Op. 15–83 (August 5, 2015) (RZBC Companies v. United States). 4 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 5 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Background In the Final Results, the Department elected to simple-average all available benchmark data for steam coal, sulfuric acid, and calcium carbonate because they were not reported in a uniform manner.6 The CIT remanded for the Department to reevaluate the world benchmarks for steam coal, sulfuric acid, and calcium carbonate subsidies. Specifically, the CIT instructed the Department to consider whether to calculate world-average prices using weighted or simple-averages in light of small-quantity, high-price transactions in the underlying data, and to comply with the mandate to measure the adequacy of remuneration in light of prevailing market conditions in the country subject to review.7 The CIT also directed the Department to recalculate the respondents’ countervailing duty rate consistent with any reevaluated benchmark prices for steam coal, sulfuric acid, and calcium carbonate.8 In its final results of redetermination pursuant to RZBC Companies v. United States, the Department reopened and placed on the record in the remand proceeding world benchmark information for steam coal, sulfuric acid, and calcium carbonate. The Department then calculated weightedaverage monthly world benchmarks for sulfuric acid and calcium carbonate. For steam coal, we weight-averaged the weightable data 9 on the record while continuing to utilize the data from other unweightable 10 sources. On March 30, 2016, the CIT sustained the Department’s final results of redetermination pursuant to remand.11 Timken Notice In its decision in Timken, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in 6 See Final Results and Final IDM at Comment 13E. 7 See RZBC Companies v. United States, Slip Op. at 40. 8 Id. 9 Weightable data contains benchmark prices and quantity. 10 Unweightable data contains only benchmark prices. 11 See RZBC Companies v. United States II. E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21536-21537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08385]


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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; 2014-2015

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. The period of review (POR) 
is August 1, 2014, through July 31, 2015. We preliminarily find that 
subject merchandise has been sold at less than normal value by K. 
International Packaging Co., Ltd. (K. International Packaging).\1\
---------------------------------------------------------------------------

    \1\ We initiated a review of 45 companies and subsequently 
rescinded the review with respect to 44 companies pursuant to a 
timely withdrawal of the request for review. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 80 FR 
60356 (October 6, 2015); see also Polyethylene Retail Carrier Bags 
From Thailand: Rescission of Antidumping Duty Administrative Review 
in Part; 2014-2015, 80 FR 45952 (August 3, 2015); see also, See the 
Memorandum from Andre Gziryan to James Maeder titled ``Polyethylene 
Retail Carrier Bags from Thailand: Selection of Respondents for 
Individual Examination'' at footnote 5 for clarification on the 
company name (K. International Packaging Co., Ltd.is also known as 
``K. International Packing Co., Ltd.'').

---------------------------------------------------------------------------
DATES: Effective Date: April 12, 2016.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2201.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to this 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). While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description is dispositive. A full 
description of the scope of the order is contained in the Preliminary 
Decision Memorandum.\2\
---------------------------------------------------------------------------

    \2\ See the Memorandum from Deputy Assistant Secretary Christian 
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled, 
``Preliminary Decision Memorandum for the Administrative Review of 
the Antidumping Duty Order on Polyethylene Retail Carrier Bags from 
Thailand'' dated concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Tolling of Deadline of Preliminary Results of Review

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the preliminary results of this review is now May 6, 
2016.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas'' dated January 27, 2016.
---------------------------------------------------------------------------

 Methodology

    We have relied on total facts available with respect to K. 
International Packaging, the sole company subject to this review. 
Because this company did not act to the best of its ability to respond 
to the Department's requests for information, we have drawn an adverse 
inference in selecting from among the facts otherwise available.\4\ We 
have preliminarily determined to apply a 122.88 percent rate as adverse 
facts available for K. International Packaging.\5\
---------------------------------------------------------------------------

    \4\ See sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act).
    \5\ For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of our review, we preliminarily determine that a 
weighted-average dumping margin of 122.88 percent exists for K. 
International Packaging Co., Ltd. on PRCBs from Thailand for the period 
August 1, 2014, through July 31, 2015.

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\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS, 
by 5:00 p.m. Eastern Time 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. The Department 
will issue the final results of this administrative and new shipper 
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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, 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 total adverse facts available to 
establish K. International 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 K. International Packaging.
    We intend to issue liquidation instructions to CBP 15 days after

[[Page 21537]]

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 
the reviewed company will be the rate established in the final results 
of this review; (2) for previously reviewed or investigated companies 
not listed above, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (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 recent period 
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 Section 129 Determination.
---------------------------------------------------------------------------

Notifications to Importer

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: April 6, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Methodology
    A. Use of Facts Available
    B. Application of Facts Available With an Adverse Inference
    C. Selection and Corroboration of Information Used as Facts 
Available
Recommendation

[FR Doc. 2016-08385 Filed 4-11-16; 8:45 am]
 BILLING CODE 3510-DS-P