Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 16792-16793 [2017-06822]
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16792
Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
Producers/exporters
Net
countervailable
subsidy rates
(percent)
India
VI. Recommendation
[FR Doc. 2017–06832 Filed 4–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Steel Authority of India
(SAIL) ................................
All Others ..............................
Indonesia
P.T. Krakatau Steel ..............
All Others 3 ...........................
12.82
12.82
International Trade Administration
[A–557–813]
Polyethylene Retail Carrier Bags From
Malaysia: Preliminary Results of
47.71 Antidumping Duty Administrative
15.90
Review; 2015–2016
Korea
Enforcement and Compliance,
International Trade Administration,
Dongkuk Steel Mill, Ltd. .......
1.39 Department of Commerce.
All Others 4 ...........................
1.39
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
Notification Regarding Administrative
administrative review of the
Protective Order
antidumping duty order on
Polyethylene Retail Carrier Bags
This notice serves as the only
(‘‘PRCBs’’) from Malaysia, covering the
reminder to parties subject to
administrative protective order (APO) of period of review (‘‘POR’’) August 1,
2015, through July 31, 2016. The review
their responsibility concerning the
covers one producer/exporter of subject
return or destruction of proprietary
merchandise, Euro SME Sdn Bhd (‘‘Euro
information disclosed under APO in
SME’’). The Department preliminarily
accordance with 19 CFR 351.305.
determines that Euro SME did not have
Timely notification of return/
reviewable entries during the POR. We
destruction of APO materials or
conversion to judicial protective order is invite interested parties to comment on
these preliminary results.
hereby requested. Failure to comply
with the regulations and the terms of an DATES: Effective April 6, 2017.
FOR FURTHER INFORMATION CONTACT: Alex
APO is a sanctionable violation.
Rosen, AD/CVD Operations, Office III,
We are issuing and publishing these
Enforcement and Compliance,
results and this notice in accordance
International Trade Administration,
with sections 751(c), 752, and 777(i)(1)
U.S. Department of Commerce, 1401
of the Act.
Constitution Avenue NW., Washington,
Dated: March 31, 2017.
DC 20230; telephone: (202) 482–7814.
Ronald K. Lorentzen,
SUPPLEMENTARY INFORMATION:
AGENCY:
Acting Assistant Secretary for Enforcement
and Compliance.
I. Summary
II. History of the Orders
III. Discussion of the Issues
A. Continuation of Recurrence of a
Countervailable Subsidy
B. Net Countervailable Subsidy Likely to
Prevail
C. Nature of the Subsidy
IV. Final Results of Review
Background
On August 5, 2016, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on PRCBs from
Malaysia for the POR.1 On August 31,
2016, in response to a timely request
from Petitioners,2 and in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the ‘‘Act’’), and 19
CFR 351.221(c)(1)(i), the Department
initiated an administrative review of the
antidumping duty order on PRCBs from
Malaysia with respect to Euro SME.3
3 P.T. Gunawan Steel and P.T. Jaya Pari were
excluded from the Indonesia order on the basis of
a de minimis net subsidy. See Notice of Amended
Final Determinations: Certain Cut-to-Length
Carbon-Quality Steel Plate from India and the
Republic of Korea; and Notice of Countervailing
Duty Orders: Certain Cut-To-Length Carbon-Quality
Steel Plate From France, India, Indonesia, Italy, and
the Republic of Korea, 65 FR 6587 (February 10,
2000) (CVD Orders).
4 Pohang Iron & Steel Co., Ltd. was excluded from
the Korea order on the basis of a de minimis net
subsidy. See CVD Orders.
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 81 FR 51850
(August 5, 2016).
2 See Letter from Polyethylene Retail Bags
Committee and its individual members Hilex Poly
Co., LLC and Superbag Corp. (‘‘Petitioners’’),
‘‘Polyethylene Retail Carrier Bags from Malaysia:
Request for Administrative Review,’’ dated August
31, 2016.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
71061 (October 14, 2016).
Appendix I
mstockstill on DSK3G9T082PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
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18:51 Apr 05, 2017
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Scope of the Order
The merchandise subject to this
antidumping duty order is polyethylene
retail carrier bags (PRCBs), which also
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 (15.24
cm) 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 this antidumping
duty order excludes (1) PRCBs that are
not printed with logos or store names
and that are closeable with drawstrings
made of polyethylene film and (2)
PRCBs 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.
Imports of merchandise included
within the scope of this antidumping
duty order are currently classifiable
under statistical category 3923.21.0085
of the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’). This
subheading may also cover products
that are outside the scope of this
antidumping duty order. Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of this
antidumping duty order is dispositive.
Preliminary Determination of No
Shipments
Subsequent to the initiation of this
administrative review, the Department
received a timely submission from Euro
SME certifying that it did not have sales,
shipments, or exports of subject
merchandise to the United States during
the POR.4 On October 16, 2016, the
Department requested entry data from
U.S. Customs and Border Protection
(‘‘CBP’’) for subject merchandise
4 See Letter from Euro SME, ‘‘Polyethylene Retail
Carrier Bags from Malaysia; No Shipment
Certification,’’ dated October 18, 2016.
E:\FR\FM\06APN1.SGM
06APN1
Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
exported by Euro SME and imported
into the United States during the POR.5
This query returned no entries during
the POR.6 Further, the Department
transmitted a ‘‘no-shipments’’ inquiry to
CBP requesting that it provide any
information to the contrary, should such
information exist.7 On November 7,
2016, the Department was notified by
CBP that there were no shipments of
PRCBs from Malaysia during the POR.8
Consistent with our practice, we
preliminarily determine that Euro SME
had no shipments and, therefore, no
reviewable entries during the POR. In
addition, we find it is not appropriate to
rescind the review with respect to Euro
SME but, rather, to complete the review
and issue appropriate instructions to
CBP based on the final results of the
review, consistent with our practice.9
mstockstill on DSK3G9T082PROD with NOTICES
Public Comment
Interested parties may submit case
briefs to the Department no 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 no
later than five days after the time limit
for filing case briefs.10 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.11 Case and rebuttal
briefs should be filed using ACCESS.12
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 ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.13
Hearing requests should contain: (1) The
5 See Memorandum to the File, ‘‘U.S. Customs
and Border Protection—No Shipment Inquiry
Data,’’ dated October 19, 2016.
6 Id.
7 See CBP message 6295302, dated October 21,
2016.
8 See Memorandum to the File ‘‘U.S. Customs and
Border Protection—No Shipment Inquiry Data,’’
dated November 7, 2016.
9 See e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
10 See 19 CFR 351.309(d).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See 19 CFR 351.303.
13 See 19 CFR 351.310(c).
VerDate Sep<11>2014
18:51 Apr 05, 2017
Jkt 241001
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 issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.14
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, no later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h),
unless this deadline is extended.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.15 In accordance with the
Department’s practice, for entries of
subject merchandise during the POR for
which Euro SME did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate such entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.16 We intend to issue
assessment instructions to CBP 15 days
after the publication date 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 review, as
provided for by section 751(a)(2)(C) of
the Act: (1) For Euro SME, which
claimed no shipments, the cash deposit
rate will remain unchanged from the
rate assigned to Euro SME in the most
recently completed review of the
company; (2) for previously investigated
or reviewed 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-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
14 Id.
15 See
19 CFR 351.212(b).
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
16 See
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16793
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 is 2.40 percent. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
period. Failure to comply with this
requirement may result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 351.221(b)(4).
Dated: March 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary For Enforcement
and Compliance.
[FR Doc. 2017–06822 Filed 4–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–502]
Circular Welded Carbon Steel Pipes
and Tubes From Thailand: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Finding of No Shipments; 2015–2016
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on circular
welded carbon steel pipes and tubes
(pipes and tubes) from Thailand,
covering the period of review (POR)
March 1, 2015, through February 29,
2016. This review covers two
manufacturers/exporters of the subject
merchandise, Saha Thai Steel Pipe
(Public) Company, Ltd. (Saha Thai) and
Pacific Pipe Public Company Limited
(Pacific Pipe). The Department
preliminarily determines that Saha Thai
sold subject merchandise at less than
normal value (NV) during the POR and
that Pacific Pipe had no shipments
during the POR. Interested parties are
AGENCY:
E:\FR\FM\06APN1.SGM
06APN1
]]>Agencies
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16792-16793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06822]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-813]
Polyethylene Retail Carrier Bags From Malaysia: Preliminary
Results of Antidumping Duty Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on Polyethylene
Retail Carrier Bags (``PRCBs'') from Malaysia, covering the period of
review (``POR'') August 1, 2015, through July 31, 2016. The review
covers one producer/exporter of subject merchandise, Euro SME Sdn Bhd
(``Euro SME''). The Department preliminarily determines that Euro SME
did not have reviewable entries during the POR. We invite interested
parties to comment on these preliminary results.
DATES: Effective April 6, 2017.
FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-7814.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2016, the Department published a notice of opportunity
to request an administrative review of the antidumping duty order on
PRCBs from Malaysia for the POR.\1\ On August 31, 2016, in response to
a timely request from Petitioners,\2\ and in accordance with section
751(a) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR
351.221(c)(1)(i), the Department initiated an administrative review of
the antidumping duty order on PRCBs from Malaysia with respect to Euro
SME.\3\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 81 FR 51850 (August 5, 2016).
\2\ See Letter from Polyethylene Retail Bags Committee and its
individual members Hilex Poly Co., LLC and Superbag Corp.
(``Petitioners''), ``Polyethylene Retail Carrier Bags from Malaysia:
Request for Administrative Review,'' dated August 31, 2016.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 71061 (October 14, 2016).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this antidumping duty order is
polyethylene retail carrier bags (PRCBs), which also 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 (15.24 cm) 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 this antidumping duty order excludes (1) PRCBs
that are not printed with logos or store names and that are closeable
with drawstrings made of polyethylene film and (2) PRCBs 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.
Imports of merchandise included within the scope of this
antidumping duty order are currently classifiable under statistical
category 3923.21.0085 of the Harmonized Tariff Schedule of the United
States (``HTSUS''). This subheading may also cover products that are
outside the scope of this antidumping duty order. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the scope of this antidumping duty order is
dispositive.
Preliminary Determination of No Shipments
Subsequent to the initiation of this administrative review, the
Department received a timely submission from Euro SME certifying that
it did not have sales, shipments, or exports of subject merchandise to
the United States during the POR.\4\ On October 16, 2016, the
Department requested entry data from U.S. Customs and Border Protection
(``CBP'') for subject merchandise
[[Page 16793]]
exported by Euro SME and imported into the United States during the
POR.\5\ This query returned no entries during the POR.\6\ Further, the
Department transmitted a ``no-shipments'' inquiry to CBP requesting
that it provide any information to the contrary, should such
information exist.\7\ On November 7, 2016, the Department was notified
by CBP that there were no shipments of PRCBs from Malaysia during the
POR.\8\ Consistent with our practice, we preliminarily determine that
Euro SME had no shipments and, therefore, no reviewable entries during
the POR. In addition, we find it is not appropriate to rescind the
review with respect to Euro SME but, rather, to complete the review and
issue appropriate instructions to CBP based on the final results of the
review, consistent with our practice.\9\
---------------------------------------------------------------------------
\4\ See Letter from Euro SME, ``Polyethylene Retail Carrier Bags
from Malaysia; No Shipment Certification,'' dated October 18, 2016.
\5\ See Memorandum to the File, ``U.S. Customs and Border
Protection--No Shipment Inquiry Data,'' dated October 19, 2016.
\6\ Id.
\7\ See CBP message 6295302, dated October 21, 2016.
\8\ See Memorandum to the File ``U.S. Customs and Border
Protection--No Shipment Inquiry Data,'' dated November 7, 2016.
\9\ See e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014).
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs to the Department no
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 no later than five days after the time limit for filing case
briefs.\10\ 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.\11\ Case and rebuttal briefs should be filed using
ACCESS.\12\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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 ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\13\ Hearing 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 issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\14\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ Id.
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any written briefs, no later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h), unless this deadline is extended.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\15\ In accordance with the Department's
practice, for entries of subject merchandise during the POR for which
Euro SME did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\16\ We intend to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b).
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 review, as provided for by section 751(a)(2)(C) of the
Act: (1) For Euro SME, which claimed no shipments, the cash deposit
rate will remain unchanged from the rate assigned to Euro SME in the
most recently completed review of the company; (2) for previously
investigated or reviewed 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; and
(4) the cash deposit rate for all other manufacturers or exporters is
2.40 percent. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this period. Failure to comply with this
requirement may result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: March 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary For Enforcement and Compliance.
[FR Doc. 2017-06822 Filed 4-5-17; 8:45 am]
BILLING CODE 3510-DS-P
