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]
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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).
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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
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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:
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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.
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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 https://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.
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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
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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
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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
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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).
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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
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96,500
400
120
250
1,750
1,750
2000
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(lb)
120,000
750
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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 https://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.
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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).
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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).
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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).
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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
