Polyethylene Retail Carrier Bags From Malaysia: Final Results of the Antidumping Duty Administrative Review; 2014-2015, 75378-75379 [2016-26220]

Download as PDF 75378 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices Tianhe certified that it is both the producer and exporter of the subject merchandise upon which the request was based.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Jingzhou Tianhe certified that it did not export subject merchandise to the United States during the period of investigation (POI).4 In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Jingzhou Tianhe certified that, since the initiation of the investigation, it has never been affiliated with any exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the POI.5 As required by 19 CFR 351.214(b)(2)(iii)(B), Jingzhou Tianhe also certified that its export activities were not controlled by the government of the PRC.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2), Jingzhou Tianhe submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.7 Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the period of review (POR) for a NSR initiated in the month immediately following the anniversary month will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR for this NSR is September 1, 2015, through August 31, 2016. Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), we find that the request from Jingzhou Tianhe meets the threshold requirements for initiation of a NSR for shipments of freshwater crawfish tail meat from the PRC produced and exported by Jingzhou Tianhe.8 3 Id., 4 Id., at 2. at Attachment 1. 5 Id. sradovich on DSK3GMQ082PROD with NOTICES 6 Id. 7 Id., at Attachment 2; see also Jingzhou Tianhe’s October 14, 2016, response to the Department’s request for additional information, dated October 3, 2016. 8 See the memorandum to the file entitled, ‘‘Freshwater Crawfish Tail Meat From the People’s Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Jingzhou Tianhe Aquatic Products Co., Ltd.,’’ dated concurrently with this notice. VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 On February 24, 2016, the President signed into law the ‘‘Trade Facilitation and Trade Enforcement Act of 2015,’’ H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this NSR in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.9 Unless extended, the Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation and final results of the review no later than 90 days after the date the preliminary results are issued.10 It is the Department’s usual practice, in cases involving non-market economy countries, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue a questionnaire to Jingzhou Tianhe which will include a section requesting information concerning its eligibility for a separate rate. We will rescind the NSR of Jingzhou Tianhe if we determine that Jingzhou Tianhe has not demonstrated that it is eligible for a separate rate. Because Jingzhou Tianhe certified that it produced and exported subject merchandise, the sale of which is the basis for the request for a NSR, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise produced and exported by Jingzhou Tianhe. To assist in its analysis of the bona fides of Jingzhou Tianhe’s sales, upon initiation of this NSR, the Department will require Jingzhou Tianhe to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in the NSR should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 9 Notably, the Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct U.S. Customs and Border Protection (CBP) to allow an importer the option of posting a bond or security in lien of a cash deposit during the pendency of an NSR. 10 See section 751(a)(2)(B)(iv) of the Act. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Christian Marsh, DAS for AD/CVD Operations. [FR Doc. 2016–26148 Filed 10–28–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–813] Polyethylene Retail Carrier Bags From Malaysia: Final Results of the Antidumping Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 24, 2016, 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 Malaysia. The review covers one producer/exporter of the subject merchandise, Euro SME Sdn Bhd (Euro SME) for the period of review (POR) August 1, 2014, through July 31, 2015. The final estimated weighted-average dumping margin is listed below in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective October 31, 2016. FOR FURTHER INFORMATION CONTACT: Bryan Hansen 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) 482–3683 or (202) 482–1690, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On June 24, 2016, the Department published the Preliminary Results in the Federal Register, and invited parties to comment.1 For events subsequent to the Preliminary Results, see the Department’s Final Decision Memorandum.2 The Department 1 See Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2014–2015, 81 FR 41294 (June 24, 2016) (Preliminary Results). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for Final Results of Antidumping Duty Administrative Review: Polyethylene Retail Carrier Bags from Malaysia,’’ dated concurrently E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise subject to the order is PRCBs. The product is currently classified under the Harmonized Tariff Schedules of the United States (HTSUS) subheading 3923.21.0085. While the HTSUS subheading is provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Final Decision Memorandum.3 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the Final Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix. The Final 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 to all parties in the Central Records Unit (CRU), Room B8024 of the main Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. Changes Since the Preliminary Results Based on our analysis of comments received, we made one revision that changed the results for Euro SME.4 Final Results of the Review As a result of this administrative review, we determine that a weightedaverage dumping margin of 0.00 percent exists for Euro SME for this POR. Disclosure sradovich on DSK3GMQ082PROD with NOTICES We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the final results, in accordance with 19 CFR 351.224(b). with, and hereby adopted by this notice (Final Decision Memorandum). 3 Id. 4 We corrected a programming error in the margin calculation we included in the Preliminary Results. A detailed discussion of the correction we made is in the final analysis memorandum for Euro SME, dated concurrently with this notice, which is available in ACCESS, to registered users at https:// access.trade.gov, or available in the CRU. VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 Assessment Rates In accordance with 19 CFR 351.212 and the Final Modification,5 the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all appropriate entries for Euro SME without regard to antidumping duties. For entries of subject merchandise during the POR produced by Euro SME for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate un-reviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. 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 notice of final results of administrative review for all shipments of PRCBs from Malaysia 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 Euro SME will be 0.00 percent, the rate 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 in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the manufacturer of the merchandise for the most recently completed segment of this proceeding for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 84.94 percent.6 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 5 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification). 6 This all-others rate was established in the Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From Malaysia, 69 FR 34128 (June 18, 2004). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 75379 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)(1) of the Act, and 19 CFR 351.213(h). Dated: October 24, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum: I. Summary II. Background III. Scope of the Order IV. Margin Calculation V. Discussion of the Issues Issue 1: Whether the U.S. Sale is Bona Fide Issue 2: Home Market Window Period VI. Recommendation [FR Doc. 2016–26220 Filed 10–28–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Docket No. 161012954–6954–01] Call for Applications for the International Buyer Program Calendar Year 2018 International Trade Administration, Department of Commerce. ACTION: Notice and call for applications. AGENCY: In this notice, the U.S. Department of Commerce (DOC) International Trade Administration SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75378-75379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26220]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Final Results of 
the Antidumping Duty Administrative Review; 2014-2015

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

SUMMARY: On June 24, 2016, 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 
Malaysia. The review covers one producer/exporter of the subject 
merchandise, Euro SME Sdn Bhd (Euro SME) for the period of review (POR) 
August 1, 2014, through July 31, 2015. The final estimated weighted-
average dumping margin is listed below in the ``Final Results of 
Review'' section of this notice.

DATES: Effective October 31, 2016.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen 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) 482-3683 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 24, 2016, the Department published the Preliminary Results 
in the Federal Register, and invited parties to comment.\1\ For events 
subsequent to the Preliminary Results, see the Department's Final 
Decision Memorandum.\2\ The Department

[[Page 75379]]

conducted this review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Polyethylene Retail Carrier Bags From Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015, 81 FR 41294 (June 24, 2016) (Preliminary Results).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for Final Results of 
Antidumping Duty Administrative Review: Polyethylene Retail Carrier 
Bags from Malaysia,'' dated concurrently with, and hereby adopted by 
this notice (Final Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is PRCBs. The product is 
currently classified under the Harmonized Tariff Schedules of the 
United States (HTSUS) subheading 3923.21.0085. While the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description is dispositive. A full description of the scope of 
the order is contained in the Final Decision Memorandum.\3\
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Final Decision Memorandum, which is 
hereby adopted by this notice. A list of the issues raised is attached 
to this notice as Appendix. The Final 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 to all parties in the Central Records Unit (CRU), 
Room B8024 of the main Department of Commerce building. In addition, a 
complete version of the Final Decision Memorandum can be accessed 
directly on the Internet at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made one revision 
that changed the results for Euro SME.\4\
---------------------------------------------------------------------------

    \4\ We corrected a programming error in the margin calculation 
we included in the Preliminary Results. A detailed discussion of the 
correction we made is in the final analysis memorandum for Euro SME, 
dated concurrently with this notice, which is available in ACCESS, 
to registered users at https://access.trade.gov, or available in the 
CRU.
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this administrative review, we determine that a 
weighted-average dumping margin of 0.00 percent exists for Euro SME for 
this POR.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
results, in accordance with 19 CFR 351.224(b).

Assessment Rates

    In accordance with 19 CFR 351.212 and the Final Modification,\5\ 
the Department will instruct U.S. Customs and Border Protection (CBP) 
to liquidate all appropriate entries for Euro SME without regard to 
antidumping duties. For entries of subject merchandise during the POR 
produced by Euro SME for which it did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate un-
reviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of this review.
---------------------------------------------------------------------------

    \5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification).
---------------------------------------------------------------------------

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 Malaysia 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 
Euro SME will be 0.00 percent, the rate 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 in which that manufacturer or exporter 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the original investigation but the manufacturer is, 
the cash deposit rate will be the rate established for the manufacturer 
of the merchandise for the most recently completed segment of this 
proceeding for the manufacturer of the merchandise; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 84.94 percent.\6\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \6\ This all-others rate was established in the Notice of Final 
Determination of Sales at Less Than Fair Value: Polyethylene Retail 
Carrier Bags From Malaysia, 69 FR 34128 (June 18, 2004).
---------------------------------------------------------------------------

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)(1) of the Act, and 19 CFR 351.213(h).

    Dated: October 24, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum:

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculation
V. Discussion of the Issues
    Issue 1: Whether the U.S. Sale is Bona Fide
    Issue 2: Home Market Window Period
VI. Recommendation

[FR Doc. 2016-26220 Filed 10-28-16; 8:45 am]
BILLING CODE 3510-DS-P