Polyethylene Retail Carrier Bags From Thailand: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016, 26666-26669 [2017-11914]

Download as PDF 26666 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. The petitioner’s withdrawal of its request with respect to Maple Ribbon was submitted within the 90-day period and, thus, is timely. Because the petitioner’s withdrawal of its request with respect to Maple Ribbon for an antidumping duty administrative review is timely, and because no other party requested a review of this company, in accordance with 19 CFR 351.213(d)(1), we are rescinding this administrative review, in part, with respect to Maple Ribbon. case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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. Dated: June 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Verification Assessment Rates [FR Doc. 2017–11915 Filed 6–7–17; 8:45 a.m.] As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final results.12 With respect to Maple Ribbon, the Department will direct CBP to assess antidumping duties at the cash deposit rate in effect on the date of entry for entries during the period September 1, 2015, through August 31, 2016. We intend to issue liquidation instructions to CBP 15 days after publication of this final rescission notice. With respect to the remaining companies covered by the review, upon issuance of the final results, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.14 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review.15 Consistent with the Department’s refinement of its assessment practice, if we continue to find in the final results that Fujian Rongshu, Roung Shu, and Xiamen Yi He had no shipments of subject merchandise during the POR, we will instruct CBP to liquidate any suspended entries at the all-others rate if there is no rate for the intermediate companies involved in the transaction.16 BILLING CODE 3510–DS–P requests related to them,11 we also preliminarily determine that Roung Shu had no reviewable transactions during the POR. Therefore, consistent with our practice, we will complete the review with respect to Roung Shu as well, and issue appropriate instructions to CBP based on the final results of this review. Rescission of Review, in Part Disclosure and Public Comment asabaliauskas on DSKBBXCHB2PROD with NOTICES Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this review. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.13 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this review 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the 11 See Roung Shu’s Response to First Information Request; and Roung Shu’s Response to Second Information Request. In these submissions, Roung Shu provided documentation to demonstrate that it only exported either non-subject ribbon, or subject ribbon, which was already included in the prior administrative review. 12 We note that the petitioner requested verification of Roung Shu. See the Petitioner’s Letter, ‘‘Narrow Woven Ribbons with Woven Selvedge from Taiwan/Request For Verification,’’ dated February 16, 2017. 13 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 17:24 Jun 07, 2017 Jkt 241001 14 See 19 CFR 351.212(b)(1). section 751(a)(2)(C) of the Act. 16 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 15 See PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 We intend to issue liquidation instructions for Fujian Roungshu, Roung Shu, and Xiamen Yi He to CBP 15 days after publication of the final results of this review. 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 POR. 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. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. DEPARTMENT OF COMMERCE International Trade Administration [A–549–821] Polyethylene Retail Carrier Bags From Thailand: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is conducting an administrative review of the antidumping duty (AD) order on polyethylene retail carrier bags (PRCBs) from Thailand covering the period of review (POR) from August 1, 2015, through July 31, 2016. We preliminary determine that Super Grip Co., Ltd. (Super Grip) had no shipments during the POR. Further, we are rescinding this administrative review with respect to the mandatory respondent Sahachit Watana Plastic Ind. Co., Ltd. (Sahachit). Finally, we preliminarily find that the mandatory respondent, Landblue (Thailand) Co., Ltd. (Landblue), failed to respond to the Department’s questionnaire in this review and, as a result, Landblue received a preliminary AGENCY: E:\FR\FM\08JNN1.SGM 08JNN1 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices margin based on adverse facts available. Interested parties are invited to comment on these preliminary results. DATES: Effective June 8, 2017. FOR FURTHER INFORMATION CONTACT: Shanah Lee, 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) 482–6386. SUPPLEMENTARY INFORMATION: asabaliauskas on DSKBBXCHB2PROD with NOTICES Background These preliminary results are made in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). On August 31, 2016, in response to a timely request from Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC and Superbag Corporation (collectively, the petitioners),1 and in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on PRCBs from Thailand.2 On November 15, 2016, the Department selected Landblue and Sahachit as mandatory respondents for individual examination in this review.3 Also on November 15, 2016, we issued the AD questionnaire to Landblue and Sahachit.4 In December 2016 and January 2017, Sahachit responded to the Department’s initial questionnaire.5 On January 12, 2017, the petitioners withdrew their request for an administrative review of Sahachit.6 On May 2, 2017, in accordance with section 751(a)(3)(A) of the Act, the Department extended the deadline for this review by 30 days.7 For a complete description of the events that followed the initiation of 1 See letter from Petitioners, ‘‘Polyethylene Retail Carrier Bags from Thailand: Request for Administrative Review,’’ dated August 31, 2016 (Review Request). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 71061, dated October 14, 2016 (Initiation Notice). 3 See memorandum to the file, ‘‘2015–2016 Administrative Review of the Antidumping Duty Order on Polyethylene Retail Carrier Bags from Thailand: Respondent Selection,’’ dated November 15, 2016 (Respondent Selection Memorandum). 4 See letter from the Department to Landblue and Sahachit, dated November 15, 2016. 5 See letter from Sahachit to the Department, ‘‘Re: Responde {sic} to questionaire {sic},’’ dated December 14, 2016; see also letters from Sahachit, ‘‘Re: Section B Questionaire {sic} Response,’’; ‘‘Re: Section C Questionaire {sic} Response,’’; ‘‘Re: Section D Questionaire {sic} Response,’’ dated January 15, 2017. 6 See letter from the petitioners, ‘‘Polyethylene Retail Carrier Bags from Thailand: Partial Withdrawal of Request for Administrative Review,’’ dated January 12, 2017. 7 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of the 2015–2016 Antidumping Duty Administrative Review,’’ dated May 2, 2017. VerDate Sep<11>2014 17:24 Jun 07, 2017 Jkt 241001 this review, see the Preliminary Decision Memorandum.8 A list of topics included in the Preliminary Decision Memorandum is provided as an appendix to this notice. The Preliminary 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, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order 9 The merchandise subject to this order is PRCBs, which may be referred to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 3923.21.0085. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Partial Rescission of Administrative Review On August 31, 2016, the Department received a timely request for an administrative review of the AD order on PRCBs from Thailand for 29 companies.10 In response to a timelyfiled withdrawal request by the petitioners,11 we are rescinding this administrative review with respect to Sahachit, pursuant to 19 CFR 351.213(d)(1).12 Accordingly, the companies subject to the instant review are the 28 companies listed in the ‘‘Preliminary Results of Review’’ 8 See Memorandum, ‘‘Decision Memorandum for Preliminary Results of the 2015–2016 Antidumping Duty Administrative Review: Polyethylene Retail Carrier Bags from Thailand’’ (Preliminary Decision Memorandum). 9 See Preliminary Decision Memorandum for a complete description of the scope of the Order, which is hereby adopted by this notice and incorporated herein by reference. 10 See Review Request. 11 See letter from Petitioners, ‘‘Polyethylene Retail Carrier Bags from Thailand: Partial Withdrawal of Request for Administrative Review,’’ dated January 12, 2017 (‘‘Petitioners’ Withdrawal Request’’). 12 See Preliminary Decision Memorandum, at ‘‘Partial Rescission of Administrative Review’’ section. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 26667 section, below, of which Landblue is the remaining mandatory respondent.13 Preliminary Determination of No Shipments We received a timely-filed submission from Super Grip Co., Ltd. (Super Grip) reporting to the Department that it made no exports, sales, or entries of subject merchandise to the United States during the POR.14 Based on record evidence, we preliminarily determine that Super Grip had no reviewable entries during the POR. For additional information on our preliminary determination of no reviewable entries, see the Preliminary Decision Memorandum. Methodology The Department is conducting this review in accordance with section 751(a)(2) of the Act. Facts Available The Department determined that Landblue withheld necessary information that was requested by the Department, thereby significantly impeding the conduct of the review, and failed to act to the best of its ability. Accordingly, in accordance with sections 776(a) and (b) of the Act, the Department applied facts available with an adverse inference to Landblue. For a full description of the methodology underlying our preliminary results, see the Preliminary Decision Memorandum. Rate for Non-Selected Companies Under Review In accordance with the U.S. Court of Appeals for the Federal Circuit’s decision in Albermarle Corp. v. United States,15 we are applying to the nonselected companies the rate preliminarily applied to Landblue. For a detailed discussion, see Preliminary Decision Memorandum. Preliminary Results of the Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the POR: Exporter/producer Landblue (Thailand) Co., Ltd .......... Apple Film Company, Ltd ............... Dpac Inter Corporation Co., Ltd ...... 13 See Weightedaverage dumping margins (percent) 122.88 122.88 122.88 Respondent Selection Memorandum. letter from Super Grip, ‘‘Polyethylene Retail Carrier Bags from Thailand: Notice of No Shipments (08/01/15–07/31/16),’’ dated October 28, 2016. 15 See Albermarle Corp. & Subsidiaries v. United States, 821 F.3d 1345 (Fed. Cir. 2016) (‘‘Albermarle Corp.’’). 14 See E:\FR\FM\08JNN1.SGM 08JNN1 26668 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices Exporter/producer Weightedaverage dumping margins (percent) Elite Poly and Packaging Co., Ltd .. Film Master Co., Ltd ........................ Inno Cargo Co., Ltd ........................ Innopack Industry Co., Ltd .............. K. International Packaging Co., Ltd King Bag Co., Ltd ............................ King Pac Industrial Co., Ltd ............ M & P World Polymer Co., Ltd ....... Minigrip (Thailand) Co., Ltd ............. Multibax Public Co., Ltd .................. Naraipak Co., Ltd ............................ PMC Innopack Co., Ltd ................... Poly Plast (Thailand) Co., Ltd ......... Poly World Co., Ltd ......................... Prepack Thailand Co., Ltd .............. Print Master Co., Ltd ....................... Siam Best Products Trading Limited Partnership .................................. Sun Pack Inter Co., Ltd .................. Superpac Corporation Co., Ltd ....... Thai Origin Co., Ltd ......................... Thantawan Industry Public Co., Ltd Triple B Pack Co., Ltd ..................... Two Path Plaspack Co. Ltd ............ Wing Fung Adhesive Manufacturing (Thailand) Co., Ltd ....................... 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 122.88 asabaliauskas on DSKBBXCHB2PROD with NOTICES Disclosure and Public Comment Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary results of review within five days of the date of publication of the notice of the preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because the Department preliminarily applied a dumping margin based on AFA, as described in the Preliminary Decision Memorandum, there is nothing further to disclose. Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.16 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.17 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.18 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 16 See 19 CFR 351.309(c)(ii). 19 CFR 351.309(d). 18 See 19 CFR 351.309(c)(2) and (d)(2). 17 See VerDate Sep<11>2014 17:24 Jun 07, 2017 Jkt 241001 notice.19 The request 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 in the respective case briefs. If a request for a hearing is made, parties will be notified of the date and time of the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), the Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in all written case briefs, within 120 days after the issuance of these preliminary results. Assessment Rates Upon the completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. If the preliminary results are unchanged for the final results, 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 Landblue, and 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 the aforementioned companies which were not selected for individual examination.20 With respect to Super Grip, if we continue to find that Super Grip had no shipments of subject merchandise in the final results, we will instruct CBP to liquidate any existing entries of merchandise produced by Super Grip, but exported by other parties, at the rate for the intermediate reseller, if available, or at the all-others rate.21 We intend to issue instructions to CBP 15 days after publication of this notice. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative 19 See 19 CFR 351.310(c). Preliminary Decision Memorandum at ‘‘Rate for Non-Selected Companies’’ (for an explanation of how we preliminarily determined the rate for non-selected companies). 21 See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). 20 See PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 review for all shipments of PRCBs from Thailand entered, or withdrawn from warehouse, for consumption on or after the date of publication provided by section 751(a)(2) of the Act: (1) The cash deposit rate for the respondents listed above will be equal to the dumping margins established in the final results of this review except if the ultimate rates are de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates will be zero; (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 the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.69 percent ad valorem.22 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 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. 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(d) and (h)(1). Dated: June 2, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary 22 See Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Polyethylene Retail Carrier Bags From Thailand, 75 FR 48940 (August 12, 2010). E:\FR\FM\08JNN1.SGM 08JNN1 26669 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Preliminary Determination of No Shipments VI. Discussion of the Methodology A. Use of Facts Otherwise Available i. Use of Facts Available ii. Application of Facts Available With an Adverse Inference iii. Selection of Corroboration of Information Used as Facts Available VII. Recommendation [FR Doc. 2017–11914 Filed 6–7–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF442 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice and request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. The Exempted Fishing Permit would allow commercial fishing vessels to fish outside of scallop regulations in support of research conducted by the Coonamessett Farm Foundation. These exemptions would support research conducted on trips to test gear modifications for bycatch reduction in the scallop dredge fishery. SUMMARY: Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits. DATES: Comments must be received on or before June 23, 2017. ADDRESSES: You may submit written comments by any of the following methods: • Email: nmfs.gar.efp@noaa.gov. Include in the subject line ‘‘CFF Compensation Fishing Gear Research EFP.’’ • Mail: John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on CFF Compensation Fishing Gear Research EFP.’’ FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fisheries Management Specialist, (978) 281–9352. SUPPLEMENTARY INFORMATION: Coonamessett Farm Foundation (CFF) submitted a complete application for an Exempted Fishing Permit (EFP) on May 4, 2017, that would allow gear research to be conducted by vessels on compensation fishing trips associated with projects funded by the 2017 Scallop Research Set-Aside (RSA) program. The exemptions would allow 19 commercial fishing vessels to exceed the crew size regulations at 50 CFR 648.51(c) in order to place a researcher on the vessel, and temporarily exempt the participating vessels from possession limits and minimum size requirements specified in 50 CFR part 648, subparts B and D through O, for sampling purposes only. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited, including landing fish in excess of a possession limit or below the minimum size. Experimental fishing activity would test gear modifications in an attempt to reduce finfish bycatch in the scallop dredge fishery. The gear modifications that would be tested adhere to current scallop gear regulations and include: • A ‘‘daylight skirt’’: 1 to 2 rows of 12-in by 12-in windows are cut into the twine top/skirt of the top of the scallop dredge bag; • An extended link apron: Two links are used to connect the rings of the dredge apron to increase the inner ring spacing from ∼3.5″ to ∼4.5″; • A ‘‘fish sweep’’: A cookie sweep affixed to the front of the headbale; • A low profile dredge: The frame is 4″ shorter in height than a traditional scallop dredge. All trips would take place in scallop fishing areas open to the entire Atlantic sea scallop fishery. Exemption from crew size limits is needed because a research technician would accompany vessels on the compensation fishing trips to collect catch data associated with different dredge modifications. The crew size exemption would be for approximately 120 days-at-sea and would be used in conjunction with a valid compensation fishing letter of authorization. The technician would only engage in data collection activities, and would not process catch to be landed for sale. Exemption from possession limit and minimum sizes would support catch sampling activities, and ensure the vessel is not in conflict with possession regulations while collecting catch data. All catch above a possession limit or below a minimum size would be discarded as soon as possible following data collection. All bycatch would be returned to the sea as soon as practicable following data collection; estimated catch totals are listed below on Table 1. All research trips would otherwise be consistent with normal commercial fishing activity and catch would be retained for sale. TABLE 1—ESTIMATED BYCATCH FOR CFF EFP COMPENSATION TRIPS asabaliauskas on DSKBBXCHB2PROD with NOTICES Species Scientific name NE Skate Complex ......................................... Barndoor Skate ............................................... Summer Flounder ........................................... Winter Flounder .............................................. Yellowtail Flounder .......................................... Windowpane Flounder .................................... Monkfish .......................................................... Rajidae Species ............................................. Dipturus laevis ................................................ Paralichthys dentatus ..................................... Pseudopleuronectes americanus ................... Limanda ferruginea ........................................ Scopthalmus aquosus .................................... Lophius americanus ....................................... If approved, the applicant may request minor modifications and extensions to the EFP throughout the VerDate Sep<11>2014 19:14 Jun 07, 2017 Jkt 241001 Number year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 96,500 400 120 250 1,750 1,750 2000 Weight (lb) 120,000 750 200 550 1,500 1,500 4,500 Weight (kg) 54,431 340 90 249 680 680 2,041 completion of the proposed research and have minimal impacts that do not change the scope or impact of the E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26666-26669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11914]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: Preliminary 
Results and Partial Rescission of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 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 (AD) order on 
polyethylene retail carrier bags (PRCBs) from Thailand covering the 
period of review (POR) from August 1, 2015, through July 31, 2016. We 
preliminary determine that Super Grip Co., Ltd. (Super Grip) had no 
shipments during the POR. Further, we are rescinding this 
administrative review with respect to the mandatory respondent Sahachit 
Watana Plastic Ind. Co., Ltd. (Sahachit). Finally, we preliminarily 
find that the mandatory respondent, Landblue (Thailand) Co., Ltd. 
(Landblue), failed to respond to the Department's questionnaire in this 
review and, as a result, Landblue received a preliminary

[[Page 26667]]

margin based on adverse facts available. Interested parties are invited 
to comment on these preliminary results.

DATES: Effective June 8, 2017.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, 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) 482-6386.

SUPPLEMENTARY INFORMATION:

Background

    These preliminary results are made in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). On August 31, 
2016, in response to a timely request from Polyethylene Retail Carrier 
Bag Committee and its individual members, Hilex Poly Co., LLC and 
Superbag Corporation (collectively, the petitioners),\1\ and in 
accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), 
we initiated an administrative review of the antidumping duty order on 
PRCBs from Thailand.\2\ On November 15, 2016, the Department selected 
Landblue and Sahachit as mandatory respondents for individual 
examination in this review.\3\ Also on November 15, 2016, we issued the 
AD questionnaire to Landblue and Sahachit.\4\ In December 2016 and 
January 2017, Sahachit responded to the Department's initial 
questionnaire.\5\ On January 12, 2017, the petitioners withdrew their 
request for an administrative review of Sahachit.\6\ On May 2, 2017, in 
accordance with section 751(a)(3)(A) of the Act, the Department 
extended the deadline for this review by 30 days.\7\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\8\ A list of topics included 
in the Preliminary Decision Memorandum is provided as an appendix to 
this notice. The Preliminary 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, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See letter from Petitioners, ``Polyethylene Retail Carrier 
Bags from Thailand: Request for Administrative Review,'' dated 
August 31, 2016 (Review Request).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 71061, dated October 14, 2016 
(Initiation Notice).
    \3\ See memorandum to the file, ``2015-2016 Administrative 
Review of the Antidumping Duty Order on Polyethylene Retail Carrier 
Bags from Thailand: Respondent Selection,'' dated November 15, 2016 
(Respondent Selection Memorandum).
    \4\ See letter from the Department to Landblue and Sahachit, 
dated November 15, 2016.
    \5\ See letter from Sahachit to the Department, ``Re: Responde 
{sic{time}  to questionaire {sic{time} ,'' dated December 14, 2016; 
see also letters from Sahachit, ``Re: Section B Questionaire 
{sic{time}  Response,''; ``Re: Section C Questionaire {sic{time}  
Response,''; ``Re: Section D Questionaire {sic{time}  Response,'' 
dated January 15, 2017.
    \6\ See letter from the petitioners, ``Polyethylene Retail 
Carrier Bags from Thailand: Partial Withdrawal of Request for 
Administrative Review,'' dated January 12, 2017.
    \7\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2015-2016 Antidumping Duty Administrative Review,'' 
dated May 2, 2017.
    \8\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2015-2016 Antidumping Duty Administrative Review: 
Polyethylene Retail Carrier Bags from Thailand'' (Preliminary 
Decision Memorandum).
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Scope of the Order 9
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    \9\ See Preliminary Decision Memorandum for a complete 
description of the scope of the Order, which is hereby adopted by 
this notice and incorporated herein by reference.
---------------------------------------------------------------------------

    The merchandise subject to this order is PRCBs, which may be 
referred to as t-shirt sacks, merchandise bags, grocery bags, or 
checkout bags. The product is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 3923.21.0085. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Partial Rescission of Administrative Review

    On August 31, 2016, the Department received a timely request for an 
administrative review of the AD order on PRCBs from Thailand for 29 
companies.\10\ In response to a timely-filed withdrawal request by the 
petitioners,\11\ we are rescinding this administrative review with 
respect to Sahachit, pursuant to 19 CFR 351.213(d)(1).\12\ Accordingly, 
the companies subject to the instant review are the 28 companies listed 
in the ``Preliminary Results of Review'' section, below, of which 
Landblue is the remaining mandatory respondent.\13\
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    \10\ See Review Request.
    \11\ See letter from Petitioners, ``Polyethylene Retail Carrier 
Bags from Thailand: Partial Withdrawal of Request for Administrative 
Review,'' dated January 12, 2017 (``Petitioners' Withdrawal 
Request'').
    \12\ See Preliminary Decision Memorandum, at ``Partial 
Rescission of Administrative Review'' section.
    \13\ See Respondent Selection Memorandum.
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Preliminary Determination of No Shipments

    We received a timely-filed submission from Super Grip Co., Ltd. 
(Super Grip) reporting to the Department that it made no exports, 
sales, or entries of subject merchandise to the United States during 
the POR.\14\ Based on record evidence, we preliminarily determine that 
Super Grip had no reviewable entries during the POR. For additional 
information on our preliminary determination of no reviewable entries, 
see the Preliminary Decision Memorandum.
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    \14\ See letter from Super Grip, ``Polyethylene Retail Carrier 
Bags from Thailand: Notice of No Shipments (08/01/15-07/31/16),'' 
dated October 28, 2016.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Act.

Facts Available

    The Department determined that Landblue withheld necessary 
information that was requested by the Department, thereby significantly 
impeding the conduct of the review, and failed to act to the best of 
its ability. Accordingly, in accordance with sections 776(a) and (b) of 
the Act, the Department applied facts available with an adverse 
inference to Landblue. For a full description of the methodology 
underlying our preliminary results, see the Preliminary Decision 
Memorandum.

Rate for Non-Selected Companies Under Review

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albermarle Corp. v. United States,\15\ we are 
applying to the non-selected companies the rate preliminarily applied 
to Landblue. For a detailed discussion, see Preliminary Decision 
Memorandum.
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    \15\ See Albermarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016) (``Albermarle Corp.'').
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Landblue (Thailand) Co., Ltd............................          122.88
Apple Film Company, Ltd.................................          122.88
Dpac Inter Corporation Co., Ltd.........................          122.88

[[Page 26668]]

 
Elite Poly and Packaging Co., Ltd.......................          122.88
Film Master Co., Ltd....................................          122.88
Inno Cargo Co., Ltd.....................................          122.88
Innopack Industry Co., Ltd..............................          122.88
K. International Packaging Co., Ltd.....................          122.88
King Bag Co., Ltd.......................................          122.88
King Pac Industrial Co., Ltd............................          122.88
M & P World Polymer Co., Ltd............................          122.88
Minigrip (Thailand) Co., Ltd............................          122.88
Multibax Public Co., Ltd................................          122.88
Naraipak Co., Ltd.......................................          122.88
PMC Innopack Co., Ltd...................................          122.88
Poly Plast (Thailand) Co., Ltd..........................          122.88
Poly World Co., Ltd.....................................          122.88
Prepack Thailand Co., Ltd...............................          122.88
Print Master Co., Ltd...................................          122.88
Siam Best Products Trading Limited Partnership..........          122.88
Sun Pack Inter Co., Ltd.................................          122.88
Superpac Corporation Co., Ltd...........................          122.88
Thai Origin Co., Ltd....................................          122.88
Thantawan Industry Public Co., Ltd......................          122.88
Triple B Pack Co., Ltd..................................          122.88
Two Path Plaspack Co. Ltd...............................          122.88
Wing Fung Adhesive Manufacturing (Thailand) Co., Ltd....          122.88
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary results of 
review within five days of the date of publication of the notice of the 
preliminary results in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because the Department preliminarily applied a 
dumping margin based on AFA, as described in the Preliminary Decision 
Memorandum, there is nothing further to disclose. Interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this notice.\16\ 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.\17\ 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.\18\
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    \16\ See 19 CFR 351.309(c)(ii).
    \17\ See 19 CFR 351.309(d).
    \18\ 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.\19\ The request 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 in the respective case briefs. If a request for a 
hearing is made, parties will be notified of the date and time of the 
hearing to be held at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.
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    \19\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in all written case briefs, within 
120 days after the issuance of these preliminary results.

Assessment Rates

    Upon the completion of the administrative review, the Department 
shall determine, and CBP shall assess, antidumping duties on all 
appropriate entries. If the preliminary results are unchanged for the 
final results, 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 Landblue, and 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 the 
aforementioned companies which were not selected for individual 
examination.\20\ With respect to Super Grip, if we continue to find 
that Super Grip had no shipments of subject merchandise in the final 
results, we will instruct CBP to liquidate any existing entries of 
merchandise produced by Super Grip, but exported by other parties, at 
the rate for the intermediate reseller, if available, or at the all-
others rate.\21\
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    \20\ See Preliminary Decision Memorandum at ``Rate for Non-
Selected Companies'' (for an explanation of how we preliminarily 
determined the rate for non-selected companies).
    \21\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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    We intend to issue instructions to CBP 15 days after publication of 
this notice.

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 provided 
by section 751(a)(2) of the Act: (1) The cash deposit rate for the 
respondents listed above will be equal to the dumping margins 
established in the final results of this review except if the ultimate 
rates are de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rates will be zero; (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 the manufacturer 
or exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original less-than-fair-value 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of the 
proceeding for the manufacturer of the merchandise; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 4.69 percent ad valorem.\22\ These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \22\ See Notice of Implementation of Determination Under Section 
129 of the Uruguay Round Agreements Act and Partial Revocation of 
the Antidumping Duty Order on Polyethylene Retail Carrier Bags From 
Thailand, 75 FR 48940 (August 12, 2010).
---------------------------------------------------------------------------

Notification to Importers

    This notice 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 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.
    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(d) and 
(h)(1).

    Dated: June 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

[[Page 26669]]

II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
    A. Use of Facts Otherwise Available
    i. Use of Facts Available
    ii. Application of Facts Available With an Adverse Inference
    iii. Selection of Corroboration of Information Used as Facts 
Available
VII. Recommendation

[FR Doc. 2017-11914 Filed 6-7-17; 8:45 am]
 BILLING CODE 3510-DS-P