Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the People's Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders and Countervailing Duty Order, 27087-27088 [2016-10625]
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Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices
the Tariff Act of 1930, as amended (the
Act). As a result of its reviews, the
International Trade Administration
Department determined that revocation
[A–560–822, A–557–813, A–570–886, A–583– of the AD orders would likely lead to
continuation or recurrence of dumping
843, A–549–821, A–552–806, C–552–805]
and that revocation of the CVD order
Polyethylene Retail Carrier Bags From would likely lead to continuation or
recurrence of net countervailable
Indonesia, Malaysia, the People’s
subsidies. Therefore, the Department
Republic of China, Taiwan, Thailand,
notified the ITC of the magnitude of the
and the Socialist Republic of Vietnam:
margins and the net countervailable
Continuation of Antidumping Duty
subsidy rate likely to prevail should the
Orders and Countervailing Duty Order
orders be revoked, pursuant to sections
AGENCY: Enforcement and Compliance,
751(c)(1) and 752(b) and (c) of the Act.4
International Trade Administration,
On April 22, 2016, the ITC published
Department of Commerce.
its determination that revocation of the
SUMMARY: The Department of Commerce AD orders on PRCBs from Indonesia,
(the Department) and the International
Malaysia, the PRC, Taiwan, Thailand,
Trade Commission (the ITC) have
and Vietnam and the CVD order on
determined that revocation of the
PRCBs from Vietnam would likely lead
antidumping duty (AD) orders on
to continuation or recurrence of material
polyethylene retail carrier bags (PRCBs) injury to an industry in the United
from Indonesia, Malaysia, the People’s
States within a reasonably foreseeable
Republic of China (PRC), Taiwan,
time, pursuant to section 751(c) of the
Thailand, and the Socialist Republic of
Act.5
Vietnam (Vietnam) would likely lead to
Scopes of the Orders
continuation or recurrence of dumping
and material injury to an industry in the
The merchandise covered in the
United States. The Department and the
sunset reviews of the AD orders on
PRCBs from Indonesia, Malaysia, the
ITC have also determined that
PRC, Taiwan, Thailand, and Vietnam
revocation of the countervailing duty
and the CVD order on PRCBs from
(CVD) order on PRCBs from Vietnam
Vietnam is PRCBs, which may be
would likely lead to continuation or
referred to as t-shirt sacks, merchandise
recurrence of net countervailable
bags, grocery bags, or checkout bags.
subsidies and material injury to an
industry in the United States. Therefore, The subject merchandise is defined as
the Department is publishing a notice of non-sealable sacks and bags with
handles (including drawstrings),
continuation of the AD orders and CVD
without zippers or integral extruded
order.
closures, with or without gussets, with
DATES: Effective Date: May 5, 2016.
or without printing, of polyethylene
FOR FURTHER INFORMATION CONTACT:
film having a thickness no greater than
Thomas Schauer or Minoo Hatten, AD/
0.035 inch (0.889 mm) and no less than
CVD Operations, Office I, Enforcement
0.00035 inch (0.00889 mm), and with no
and Compliance, International Trade
length or width shorter than 6 inches
Administration, U.S. Department of
(15.24 cm) or longer than 40 inches
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (101.6 cm). The depth of the bag may be
(202) 482–0410 or (202) 482–1690,
Polyethylene Retail Carrier Bags From Malaysia, 69
respectively.
FR 48203 (August 9, 2004); Antidumping Duty
Order: Polyethylene Retail Carrier Bags From the
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
mstockstill on DSK3G9T082PROD with NOTICES
Background
On April 1, 2015, the Department
initiated 1 and the ITC instituted 2 fiveyear (sunset) reviews of the AD orders
on PRCBs from Indonesia, Malaysia, the
PRC, Taiwan, Thailand, and Vietnam,
and the CVD order on PRCBs from
Vietnam 3 pursuant to section 751(c) of
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
FR 17388 (April 1, 2015).
2 See Polyethylene Retail Carrier Bags From
China, Indonesia, Malaysia, Taiwan, Thailand, and
Vietnam; Institution of Five-Year Reviews, 80 FR
17490 (April 1, 2015).
3 See Antidumping Duty Orders: Polyethylene
Retail Carrier Bags From Indonesia, Taiwan, and
the Socialist Republic of Vietnam, 75 FR 23667
(May 4, 2010); Antidumping Duty Order:
VerDate Sep<11>2014
18:06 May 04, 2016
Jkt 238001
People’s Republic of China, 69 FR 48201 (August
9, 2004); Antidumping Duty Order: Polyethylene
Retail Carrier Bags From Thailand, 69 FR 48204
(August 9, 2004); and Polyethylene Retail Carrier
Bags From the Socialist Republic of Vietnam:
Countervailing Duty Order, 75 FR 23670 (May 4,
2010).
4 See Polyethylene Retail Carrier Bags From
Indonesia, Malaysia, the People’s Republic of
China, Taiwan, Thailand, and the Socialist
Republic of Vietnam: Final Results of the Expedited
Sunset Reviews of the Antidumping Duty Orders, 80
FR 39997 (July 13, 2015), and Polyethylene Retail
Carrier Bags From the Socialist Republic of
Vietnam: Final Results of Expedited First Sunset
Review of the Countervailing Duty Order, 80 FR
46539 (August 5, 2015).
5 See Polyethylene Retail Carrier Bags From
China, Indonesia, Malaysia, Taiwan, Thailand, and
Vietnam; Determinations, 81 FR 23749 (April 22,
2016). See also the letter from the ITC Chairman
Meredith M. Broadbent to Deputy Assistant
Secretary Christian Marsh dated April 18, 2016.
PO 00000
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Fmt 4703
Sfmt 4703
27087
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.
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the AD orders and the
CVD order would likely lead to a
continuation or recurrence of dumping
and, in the case of Vietnam,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), the
Department hereby orders the
continuation of the AD orders on PRCBs
from Indonesia, Malaysia, the PRC,
Taiwan, Thailand, and Vietnam and the
CVD order on PRCBs from Vietnam.
U.S. Customs and Border Protection will
continue to collect cash deposits at the
rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of the continuation
of the AD orders and the CVD order will
be the date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), the
Department intends to initiate the next
five-year review of these orders not later
than 30 days prior to the fifth
anniversary of the effective date of this
continuation notice.
These five-year sunset reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published pursuant to section
777(i)(1) of the Act and 19 CFR
351.218(f)(4).
E:\FR\FM\05MYN1.SGM
05MYN1
27088
Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices
Dated: April 28, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
for Hyosung and for the nonindividually examined respondents.2
[FR Doc. 2016–10625 Filed 5–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Amended Final
Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending its final
results in the administrative review of
the antidumping duty order on large
power transformers from the Republic of
Korea (Korea) for the period August 1,
2013, through July 31, 2014, to correct
a ministerial error.
DATES: Effective Date: May 5, 2016.
FOR FURTHER INFORMATION CONTACT:
Brian Davis (Hyosung) or Edythe
Artman (Hyundai), AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–7924 or (202) 482–3931,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with NOTICES
Background
On March 6, 2016, the Department
published the final results for the 2013/
2014 administrative review of the
antidumping duty order on large power
transformers from Korea.1
On March 16, 2016, Petitioner, ABB
Inc., and one of the respondents,
Hyosung Corporation and HICO
America, Inc. (collectively, Hyosung),
submitted allegations of ministerial
errors. The other respondent, Hyundai
Heavy Industries Co., Ltd. and Hyundai
Corporation, USA (collectively,
Hyundai) and Petitioner filed comments
on the allegations on March 21, 2016.
Based on our analysis of the allegations,
we made changes to the calculation of
the weighted-average dumping margin
1 See Large Power Transformers From the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2013–2014, 81 FR
14087 (March 6, 2016) and accompanying Issues
and Decision Memorandum (Final Results).
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18:06 May 04, 2016
Jkt 238001
Scope of the Order
The scope of this order covers large
liquid dielectric power transformers
(LPTs) having a top power handling
capacity greater than or equal to 60,000
kilovolt amperes (60 megavolt amperes),
whether assembled or unassembled,
complete or incomplete.
Incomplete LPTs are subassemblies
consisting of the active part and any
other parts attached to, imported with or
invoiced with the active parts of LPTs.
The ‘‘active part’’ of the transformer
consists of one or more of the following
when attached to or otherwise
assembled with one another: the steel
core or shell, the windings, electrical
insulation between the windings, the
mechanical frame for an LPT.
The product definition encompasses
all such LPTs regardless of name
designation, including but not limited to
step-up transformers, step-down
transformers, autotransformers,
interconnection transformers, voltage
regulator transformers, rectifier
transformers, and power rectifier
transformers.
The LPTs subject to this order are
currently classifiable under subheadings
8504.23.0040, 8504.23.0080 and
8504.90.9540 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this order is dispositive.
Ministerial Error
Section 751(h) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’
Hyosung argues that in the Final
Results, the Department did not update
certain programming language in the
Margin Calculation Program. As a result,
Hyosung contends, the programming
language did not fully implement the
Department’s intended changes. We
2 This analysis is set forth in the Memorandum to
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
from Scot Fullerton, Director, Antidumping and
Countervailing Duty Operations, Office VI, on the
subject of ‘‘Ministerial Error Memorandum for the
Amended Final Results of the 2013/2014
Administrative Review of the Antidumping Duty
Order on Large Power Transformers from the
Republic of Korea’’, dated April 29, 2016
(Ministerial Error Memorandum).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
agree with Hyosung and, therefore, have
corrected our Margin Calculation
Program.3 As a result, the weightedaverage dumping margin for Hyosung
changes from 9.40 percent to 7.89
percent. Furthermore, the rate for the
respondents not selected for individual
examination, which is based on the
weighted, simple-average of the two
respondents selected for individual
examination, changes from 6.74 percent
to 5.98 percent.4
Hyosung also claimed that the
Department erred in its application of a
freight-revenue cap, but we find this
claim does not constitute a ministerial
error within the meaning of 735(e) of the
Act or 19 CFR 351.224(f), because our
adjustment is methodological in nature
and the adjustment we made was
consistent with our stated intention in
the Final Results.5
Finally, Petitioner argued that the
Department made a ministerial error
when it determined it was not necessary
to cap sales-related revenues of directlyassociated expenses in the calculation of
Hyundai’s final dumping margin. We
find that this claim does not constitute
a ministerial error within the meaning
of 735(e) of the Act or 19 CFR
351.224(f), as our decision is
methodological in nature and our intent
to not impose any such caps is reflected
in our final margin calculations.6
Amended Final Results of the Review
The Department determines that the
following amended weighted-average
dumping margins exist for the period
August 1, 2013, through July 31, 2014:
Company
Hyosung Corporation ..................
Hyundai Heavy Industries Co.,
Ltd ...........................................
ILJIN Electric Co., Ltd ................
ILJIN ...........................................
LSIS Co., Ltd ..............................
Weightedaverage
dumping
margin
(percent)
7.89
4.07
5.98
5.98
5.98
Disclosure
We will disclose the calculation
memorandum used in our analysis to
parties to this segment of the proceeding
within five days of the date of the
publication of these amended final
results pursuant to 19 CFR 351.224(b).
3 See
Ministerial Error Memorandum at 3.
rate applied to the non-selected companies
(i.e., ILJIN, ILJIN Electric, and LSIS) is a simple
average percentage margin calculated based on
Hyosung’s and Hyundai’s dumping margins for the
period August 1, 2013, through July 31, 2014.
5 See Ministerial Error Memorandum at 3–5.
6 Id. at 6–7.
4 The
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Agencies
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27087-27088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10625]
[[Page 27087]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-822, A-557-813, A-570-886, A-583-843, A-549-821, A-552-806, C-
552-805]
Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the
People's Republic of China, Taiwan, Thailand, and the Socialist
Republic of Vietnam: Continuation of Antidumping Duty Orders and
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) and the
International Trade Commission (the ITC) have determined that
revocation of the antidumping duty (AD) orders on polyethylene retail
carrier bags (PRCBs) from Indonesia, Malaysia, the People's Republic of
China (PRC), Taiwan, Thailand, and the Socialist Republic of Vietnam
(Vietnam) would likely lead to continuation or recurrence of dumping
and material injury to an industry in the United States. The Department
and the ITC have also determined that revocation of the countervailing
duty (CVD) order on PRCBs from Vietnam would likely lead to
continuation or recurrence of net countervailable subsidies and
material injury to an industry in the United States. Therefore, the
Department is publishing a notice of continuation of the AD orders and
CVD order.
DATES: Effective Date: May 5, 2016.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, 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) 482-0410 or (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2015, the Department initiated \1\ and the ITC
instituted \2\ five-year (sunset) reviews of the AD orders on PRCBs
from Indonesia, Malaysia, the PRC, Taiwan, Thailand, and Vietnam, and
the CVD order on PRCBs from Vietnam \3\ pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act). As a result of its
reviews, the Department determined that revocation of the AD orders
would likely lead to continuation or recurrence of dumping and that
revocation of the CVD order would likely lead to continuation or
recurrence of net countervailable subsidies. Therefore, the Department
notified the ITC of the magnitude of the margins and the net
countervailable subsidy rate likely to prevail should the orders be
revoked, pursuant to sections 751(c)(1) and 752(b) and (c) of the
Act.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 17388
(April 1, 2015).
\2\ See Polyethylene Retail Carrier Bags From China, Indonesia,
Malaysia, Taiwan, Thailand, and Vietnam; Institution of Five-Year
Reviews, 80 FR 17490 (April 1, 2015).
\3\ See Antidumping Duty Orders: Polyethylene Retail Carrier
Bags From Indonesia, Taiwan, and the Socialist Republic of Vietnam,
75 FR 23667 (May 4, 2010); Antidumping Duty Order: Polyethylene
Retail Carrier Bags From Malaysia, 69 FR 48203 (August 9, 2004);
Antidumping Duty Order: Polyethylene Retail Carrier Bags From the
People's Republic of China, 69 FR 48201 (August 9, 2004);
Antidumping Duty Order: Polyethylene Retail Carrier Bags From
Thailand, 69 FR 48204 (August 9, 2004); and Polyethylene Retail
Carrier Bags From the Socialist Republic of Vietnam: Countervailing
Duty Order, 75 FR 23670 (May 4, 2010).
\4\ See Polyethylene Retail Carrier Bags From Indonesia,
Malaysia, the People's Republic of China, Taiwan, Thailand, and the
Socialist Republic of Vietnam: Final Results of the Expedited Sunset
Reviews of the Antidumping Duty Orders, 80 FR 39997 (July 13, 2015),
and Polyethylene Retail Carrier Bags From the Socialist Republic of
Vietnam: Final Results of Expedited First Sunset Review of the
Countervailing Duty Order, 80 FR 46539 (August 5, 2015).
---------------------------------------------------------------------------
On April 22, 2016, the ITC published its determination that
revocation of the AD orders on PRCBs from Indonesia, Malaysia, the PRC,
Taiwan, Thailand, and Vietnam and the CVD order on PRCBs from Vietnam
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable time,
pursuant to section 751(c) of the Act.\5\
---------------------------------------------------------------------------
\5\ See Polyethylene Retail Carrier Bags From China, Indonesia,
Malaysia, Taiwan, Thailand, and Vietnam; Determinations, 81 FR 23749
(April 22, 2016). See also the letter from the ITC Chairman Meredith
M. Broadbent to Deputy Assistant Secretary Christian Marsh dated
April 18, 2016.
---------------------------------------------------------------------------
Scopes of the Orders
The merchandise covered in the sunset reviews of the AD orders on
PRCBs from Indonesia, Malaysia, the PRC, Taiwan, Thailand, and Vietnam
and the CVD order on PRCBs from Vietnam 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.
Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of the AD orders and the CVD order would likely lead to
a continuation or recurrence of dumping and, in the case of Vietnam,
countervailable subsidies, and material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act and 19 CFR
351.218(a), the Department hereby orders the continuation of the AD
orders on PRCBs from Indonesia, Malaysia, the PRC, Taiwan, Thailand,
and Vietnam and the CVD order on PRCBs from Vietnam. U.S. Customs and
Border Protection will continue to collect cash deposits at the rates
in effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the AD orders and the CVD
order will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), the Department intends to initiate the next five-
year review of these orders not later than 30 days prior to the fifth
anniversary of the effective date of this continuation notice.
These five-year sunset reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
[[Page 27088]]
Dated: April 28, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10625 Filed 5-4-16; 8:45 am]
BILLING CODE 3510-DS-P