Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments; 2015-2016, 44160-44162 [2017-20125]
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44160
Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov
or (202) 482–1378.
Dated: September 14, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–20083 Filed 9–20–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–063]
Cast Iron Soil Pipe Fittings From the
People’s Republic of China:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applied September 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure at (202) 482–5973 or
Jinny Ahn at (202) 482–0339, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Background
On August 2, 2017, the Department
initiated a countervailing duty (CVD)
investigation of cast iron soil pipe
fittings from the People’s Respublic of
China.1 Currently, the preliminary
determination is due no later than
October 6, 2017.
Postponement of Preliminary
Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
the Department initiated the
investigation. However, section
703(c)(1) of the Act permits the
Department to postpone the preliminary
determination until no later than 130
1 See Cast Iron Soil Pipe Fittings From the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 82 FR 37048
(August 8, 2017) (Initiation Notice).
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17:52 Sep 20, 2017
Jkt 241001
days after the date on which the
Department initiated the investigation
if: (A) The petitioner 2 makes a timely
request for a postponement; or (B) the
Department concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request. The
Department will grant the request unless
it finds compelling reasons to deny the
request.
On September 5, 2017, the petitioner
submitted a timely request that the
Department postpone the preliminary
CVD determination.3 The petitioner
stated that it requests postponement of
the preliminary determination because
the Department selected at least one
trading company as a mandatory
respondent, and has not yet received
questionnaire responses. Therefore,
postponing the preliminary
determination would allow for receipt
and review of these responses.
In accordance with 19 CFR
351.205(e), the petitioner stated the
reasons for requesting a postponement
of the preliminary determination, and
the Department finds no compelling
reason to deny the request. Therefore, in
accordance with section 703(c)(1)(A) of
the Act, the Department is postponing
the deadline for the preliminary
determination to no later than 130 days
after the date on which this
investigation was initiated, i.e.,
December 11, 2017.4 Pursuant to section
705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
2 The petitioner is Cast Iron Soil Pipe Institute
(CISPI).
3 See the petitioner’s letter, ‘‘Re: Cast Iron Soil
Pipe Fittings from the People’s Republic of China:
Request to Extend the Preliminary Determination,’’
dated September 5, 2017.
4 Postponing the preliminary determination to
130 days after initiation would place the deadline
on Sunday, December 10, 2017. The Department’s
practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate
deadline is the next business day. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
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Fmt 4703
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Dated: September 15, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive duties of the
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2017–20085 Filed 9–20–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–821]
Polyethylene Retail Carrier Bags From
Thailand: Final Results of Antidumping
Duty Administrative Review, Final
Determination of No Shipments; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 8, 2017, the
Department of Commerc
published the preliminary results of the
administrative review (AR) of the
antidumping duty (AD) order on
polyethylene retail carrier bags (PRCBs)
from Thailand. The period of review
(POR) is August 1, 2015, through July
31, 2016. We invited parties to comment
on the preliminary results. We received
no comments. Accordingly, the final
results remain unchanged from the
preliminary results.
DATES: Applicable September 21, 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 Ave. NW., Washington, DC
20230; telephone: (202) 482–6386.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 8, 2017, the Department
published in the Federal Register the
preliminary results of the 2015–2016
administrative review of the AD order
on PRCBs from Thailand.1 In the
Preliminary Results, we rescinded the
review for mandatory respondent,
Sahachit Watana Plastic Ind. Co. Ltd.
(Sahachit) in accordance with 19 CFR
351.213(d)(1).2 In the Preliminary
Results, we also preliminarily applied
adverse facts available to mandatory
1 See 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, 82 FR 26666 (June 8, 2017)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
2 Id. at 26667.
E:\FR\FM\21SEN1.SGM
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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
respondent Landblue (Thailand) Co.,
Ltd. (Landblue), pursuant to section
776(a) and (b) of the Tariff Act of 1930,
as amended (the Act).3 In addition, in
accordance with section 735(c)(5)(B) of
the Act, the Department preliminarily
assigned to the non-selected companies
the only rate determined for an
individual respondent in this review,
122.88 percent.4 Finally, in the
Preliminary Results, we preliminarily
determined that Super Grip Co., Ltd.
(Super Grip) had no shipments during
the POR.5 The Department gave
interested parties an opportunity to
comment on the Preliminary Results.
None were received. The Department
conducted this review in accordance
with section 751(a)(2) of the Act.
Scope of the Order
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 subject
merchandise is defined as nonsealable
sacks and bags with handles (including
drawstrings), without zippers or integral
extruded closures, with or without
gussets, with or without printing, of
polyethylene film having a thickness no
greater than 0.035 inch (0.889 mm) and
no less than 0.00035 inch (0.00889 mm),
and with no length or width shorter
than 6 inches (15.24 cm) or longer than
40 inches (101.6 cm). The depth of the
bag may be shorter than 6 inches but not
longer than 40 inches (101.6 cm).
PRCBs are typically provided without
any consumer packaging and free of
charge by retail establishments, e.g.,
grocery, drug, convenience, department,
specialty retail, discount stores, and
restaurants, to their customers to
package and carry their purchased
products. The scope of the order
excludes (1) polyethylene bags that are
not printed with logos or store names
and that are closeable with drawstrings
made of polyethylene film and (2)
polyethylene bags that are packed in
consumer packaging with printing that
refers to specific end-uses other than
packaging and carrying merchandise
from retail establishments, e.g., garbage
bags, lawn bags, trash-can liners.
As a result of changes to the
Harmonized Tariff Schedule of the
United States (HTSUS), imports of the
subject merchandise are currently
classifiable under statistical category
3923.21.0085 of the HTSUS.
Furthermore, although the HTSUS
subheading is provided for convenience
and customs purposes, the written
3 Id.
4 Id.
at 26667, 26668.
at 26667.
5 Id.
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17:52 Sep 20, 2017
Jkt 241001
description of the scope of the order is
dispositive.
Final Determination of No Shipments
As noted above, in the Preliminary
Results, we preliminarily determined
that Super Grip had no shipments
during the POR.6 We received no
comments from interested parties with
respect to this claim. Therefore, because
the record indicates that Super Grip did
not export subject merchandise to the
United States during the POR, and the
Department has not received any
information that would cause it to alter
its Preliminary Results, we continue to
find that Super Grip had no shipments
during the POR.
Final Results of Review
Because the Department received no
comments after the Preliminary Results
for consideration for these final results,
we have made no changes to the
Preliminary Results. We continue to
determine that Landblue did not act to
the best of its ability by failing to
respond to the Department’s
questionnaires, pursuant to section
776(a) and (b) of the Act; that the
application of adverse facts available to
Landblue is warranted; and that the rate
of 122.88 percent is appropriate to apply
to Landblue as adverse facts available.
This rate is the highest rate calculated
in the Final LTFV 7 and has been
applied in each successive
administrative review of this
proceeding.8 Accordingly, pursuant to
section 776(c)(2) of the Act, this rate
does not require corroboration.
In addition, consistent with the Court
of Appeals for the Federal Circuit’s
decision in Albemarle Corp. v. United
States,9 we have determined that a
reasonable method for determining the
rate for the non-selected companies is to
use the rate applied to the mandatory
6 Id.
7 See
Notice of Final Determination of Sales at
Less Than Fair Value: Polyethylene Retail Carrier
Bags from Thailand, 69 FR 34122, 34125 (June 18,
2004) (Final LTFV).
8 See Final LTFV, 69 FR at 34123–34124;
Polyethylene Retail Carrier Bags from Thailand:
Final Results of Antidumping Duty Administrative
Review, 72 FR 1982, 1983 (January 17, 2007);
Polyethylene Retail Carrier Bags from Thailand:
Final Results of Antidumping Duty Administrative
Review and Partial Rescission of Antidumping Duty
Administrative Review, 72 FR 64580, 64582
(November 16, 2007); Polyethylene Retail Carrier
Bags from Thailand: Final Results of Antidumping
Duty Administrative Review and Partial Rescission
of Antidumping Duty Administrative Review, 74 FR
2511, 2512 (January 15, 2009) (2006–2007 Final
Results); and Polyethylene Retail Carrier Bags from
Thailand: Final Results of Antidumping Duty
Administrative Review, 74 FR 65751, 65752
(December 11, 2009).
9 See Albermarle Corp. & Subsidiaries v. United
States, 821 F.3d 1345 (Fed. Cir. 2016).
PO 00000
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Fmt 4703
Sfmt 4703
44161
respondent (Landblue) in this
administrative review.10 This is the only
rate determined in this review for an
individual respondent and, thus, should
be applied to the 26 non-selected
companies under section 735(c)(5)(B) of
the Act. Accordingly, we are assigning
to the non-selected companies the
dumping margin of 122.88 percent.
We therefore determine for these final
results that the following weightedaverage dumping margins on PRCBs
from Thailand exist for the POR:
Exporter/Producer
Landblue (Thailand) Co., Ltd ......
Apple Film Company, Ltd ...........
Dpac Inter Corporation Co., Ltd
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 ........
Weightedaverage
dumping
margins
(percent)
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
122.88
122.88
122.88
Assessment
The Department has determined, and
CBP shall assess, antidumping duties on
all appropriate entries of subject
merchandise in accordance with the
final results of this review.11 The
Department intends to issue assessment
instructions to CBP 15 days after the
10 See, e.g., Certain Small Diameter Carbon and
Alloy Seamless Standard, Line, and Pressure Pipe
(Under 41⁄2 Inches) From Japan: Preliminary Results
of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014–
2015, 81 FR 45124, 45124 (July 12, 2016),
unchanged in Certain Small Diameter Carbon and
Alloy Seamless Standard, Line, and Pressure Pipe
(Under 41⁄2 Inches) From Japan: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2014–2015,
81 FR 80640, 80641 (November 16, 2016).
11 See 19 CFR 351.212(b).
E:\FR\FM\21SEN1.SGM
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44162
Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices
date of publication of these final results
of review. 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 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 26 companies that were not
selected for individual examination.12
Additionally, because the Department
determined that Super Grip had no
shipments of subject merchandise
during the POR, for entries of
merchandise produced by Super Grip,
for which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate in effect during the POR if
there is no rate for the intermediate
company(ies) involved in the
transaction.13
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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 subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2) of the Act: (1) The
cash deposit rates for the reviewed
companies will be the rates established
in the final results of this review; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
less-than-fair-value investigation but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the manufacturer of the
merchandise; (4) if neither the exporter
nor the manufacturer has its own rate,
the cash deposit rate will continue to be
4.69 percent, the all-others rate
established in the order.14 These deposit
12 See PDM, at ‘‘Rate for Non-Examined
Companies’’ (for an explanation of how we
preliminarily determined the rate of non-selected
companies).
13 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
14 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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17:52 Sep 20, 2017
Jkt 241001
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanctions.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: September 14, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–20125 Filed 9–20–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF680
Schedules for Atlantic Shark
Identification Workshops and
Protected Species Safe Handling,
Release, and Identification Workshops
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public workshops.
AGENCY:
Free Atlantic Shark
Identification Workshops and Protected
Species Safe Handling, Release, and
Identification Workshops will be held in
SUMMARY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
October, November, and December of
2017. Certain fishermen and shark
dealers are required to attend a
workshop to meet regulatory
requirements and to maintain valid
permits. Specifically, the Atlantic Shark
Identification Workshop is mandatory
for all federally permitted Atlantic shark
dealers. The Protected Species Safe
Handling, Release, and Identification
Workshop is mandatory for vessel
owners and operators who use bottom
longline, pelagic longline, or gillnet
gear, and who have also been issued
shark or swordfish limited access
permits. Additional free workshops will
be conducted during 2018 and will be
announced in a future notice.
DATES: The Atlantic Shark Identification
Workshops will be held on October 26,
November 16, and December 14, 2017.
The Protected Species Safe Handling,
Release, and Identification Workshops
will be held on October 12, October 25,
November 8, November 14, December 8,
and December 13, 2017.
See SUPPLEMENTARY INFORMATION for
further details.
ADDRESSES: The Atlantic Shark
Identification Workshops will be held in
Somerville, MA; Mount Pleasant, SC;
and Largo, FL.
The Protected Species Safe Handling,
Release, and Identification Workshops
will be held in Largo, FL; Manahawkin,
NJ; Port St. Lucie, FL; Kitty Hawk, NC;
Ronkonkoma, NY; and Kenner, LA.
See SUPPLEMENTARY INFORMATION for
further details on workshop locations.
FOR FURTHER INFORMATION CONTACT: Rick
Pearson by phone: (727) 824–5399, or by
fax: (727) 824–5398.
SUPPLEMENTARY INFORMATION: The
workshop schedules, registration
information, and a list of frequently
asked questions regarding these
workshops are posted on the Internet at:
https://www.nmfs.noaa.gov/sfa/hms/
compliance/workshops/.
Atlantic Shark Identification
Workshops
Since January 1, 2008, Atlantic shark
dealers have been prohibited from
receiving, purchasing, trading, or
bartering for Atlantic sharks unless a
valid Atlantic Shark Identification
Workshop certificate is on the premises
of each business listed under the shark
dealer permit that first receives Atlantic
sharks (71 FR 58057; October 2, 2006).
Dealers who attend and successfully
complete a workshop are issued a
certificate for each place of business that
is permitted to receive sharks. These
certificate(s) are valid for 3 years.
Approximately 136 free Atlantic Shark
E:\FR\FM\21SEN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44160-44162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20125]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 8, 2017, the Department of Commerc
e (Department) published the preliminary results of the administrative
review (AR) of the antidumping duty (AD) order on polyethylene retail
carrier bags (PRCBs) from Thailand. The period of review (POR) is
August 1, 2015, through July 31, 2016. We invited parties to comment on
the preliminary results. We received no comments. Accordingly, the
final results remain unchanged from the preliminary results.DATES:
Applicable September 21, 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 Ave. NW., Washington, DC
20230; telephone: (202) 482-6386.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2017, the Department published in the Federal Register
the preliminary results of the 2015-2016 administrative review of the
AD order on PRCBs from Thailand.\1\ In the Preliminary Results, we
rescinded the review for mandatory respondent, Sahachit Watana Plastic
Ind. Co. Ltd. (Sahachit) in accordance with 19 CFR 351.213(d)(1).\2\ In
the Preliminary Results, we also preliminarily applied adverse facts
available to mandatory
[[Page 44161]]
respondent Landblue (Thailand) Co., Ltd. (Landblue), pursuant to
section 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act).\3\ In addition, in accordance with section 735(c)(5)(B) of the
Act, the Department preliminarily assigned to the non-selected
companies the only rate determined for an individual respondent in this
review, 122.88 percent.\4\ Finally, in the Preliminary Results, we
preliminarily determined that Super Grip Co., Ltd. (Super Grip) had no
shipments during the POR.\5\ The Department gave interested parties an
opportunity to comment on the Preliminary Results. None were received.
The Department conducted this review in accordance with section
751(a)(2) of the Act.
---------------------------------------------------------------------------
\1\ See 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, 82 FR 26666 (June 8, 2017) (Preliminary Results) and
accompanying Preliminary Decision Memorandum (PDM).
\2\ Id. at 26667.
\3\ Id. at 26667, 26668.
\4\ Id. at 26667.
\5\ Id.
---------------------------------------------------------------------------
Scope of the Order
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 subject merchandise is defined as nonsealable sacks
and bags with handles (including drawstrings), without zippers or
integral extruded closures, with or without gussets, with or without
printing, of polyethylene film having a thickness no greater than 0.035
inch (0.889 mm) and no less than 0.00035 inch (0.00889 mm), and with no
length or width shorter than 6 inches (15.24 cm) or longer than 40
inches (101.6 cm). The depth of the bag may be shorter than 6 inches
but not longer than 40 inches (101.6 cm).
PRCBs are typically provided without any consumer packaging and
free of charge by retail establishments, e.g., grocery, drug,
convenience, department, specialty retail, discount stores, and
restaurants, to their customers to package and carry their purchased
products. The scope of the order excludes (1) polyethylene bags that
are not printed with logos or store names and that are closeable with
drawstrings made of polyethylene film and (2) polyethylene bags that
are packed in consumer packaging with printing that refers to specific
end-uses other than packaging and carrying merchandise from retail
establishments, e.g., garbage bags, lawn bags, trash-can liners.
As a result of changes to the Harmonized Tariff Schedule of the
United States (HTSUS), imports of the subject merchandise are currently
classifiable under statistical category 3923.21.0085 of the HTSUS.
Furthermore, although the HTSUS subheading is provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.
Final Determination of No Shipments
As noted above, in the Preliminary Results, we preliminarily
determined that Super Grip had no shipments during the POR.\6\ We
received no comments from interested parties with respect to this
claim. Therefore, because the record indicates that Super Grip did not
export subject merchandise to the United States during the POR, and the
Department has not received any information that would cause it to
alter its Preliminary Results, we continue to find that Super Grip had
no shipments during the POR.
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Final Results of Review
Because the Department received no comments after the Preliminary
Results for consideration for these final results, we have made no
changes to the Preliminary Results. We continue to determine that
Landblue did not act to the best of its ability by failing to respond
to the Department's questionnaires, pursuant to section 776(a) and (b)
of the Act; that the application of adverse facts available to Landblue
is warranted; and that the rate of 122.88 percent is appropriate to
apply to Landblue as adverse facts available. This rate is the highest
rate calculated in the Final LTFV \7\ and has been applied in each
successive administrative review of this proceeding.\8\ Accordingly,
pursuant to section 776(c)(2) of the Act, this rate does not require
corroboration.
---------------------------------------------------------------------------
\7\ See Notice of Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags from Thailand, 69 FR 34122,
34125 (June 18, 2004) (Final LTFV).
\8\ See Final LTFV, 69 FR at 34123-34124; Polyethylene Retail
Carrier Bags from Thailand: Final Results of Antidumping Duty
Administrative Review, 72 FR 1982, 1983 (January 17, 2007);
Polyethylene Retail Carrier Bags from Thailand: Final Results of
Antidumping Duty Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review, 72 FR 64580, 64582 (November
16, 2007); Polyethylene Retail Carrier Bags from Thailand: Final
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review, 74 FR 2511,
2512 (January 15, 2009) (2006-2007 Final Results); and Polyethylene
Retail Carrier Bags from Thailand: Final Results of Antidumping Duty
Administrative Review, 74 FR 65751, 65752 (December 11, 2009).
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In addition, consistent with the Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\9\ we have
determined that a reasonable method for determining the rate for the
non-selected companies is to use the rate applied to the mandatory
respondent (Landblue) in this administrative review.\10\ This is the
only rate determined in this review for an individual respondent and,
thus, should be applied to the 26 non-selected companies under section
735(c)(5)(B) of the Act. Accordingly, we are assigning to the non-
selected companies the dumping margin of 122.88 percent.
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\9\ See Albermarle Corp. & Subsidiaries v. United States, 821
F.3d 1345 (Fed. Cir. 2016).
\10\ See, e.g., Certain Small Diameter Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe (Under 4\1/2\ Inches) From Japan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014-2015, 81 FR 45124,
45124 (July 12, 2016), unchanged in Certain Small Diameter Carbon
and Alloy Seamless Standard, Line, and Pressure Pipe (Under 4\1/2\
Inches) From Japan: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2014-2015, 81 FR
80640, 80641 (November 16, 2016).
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We therefore determine for these final results that the following
weighted-average dumping margins on PRCBs from Thailand exist 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
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
------------------------------------------------------------------------
Assessment
The Department has determined, and CBP shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review.\11\ The Department intends to
issue assessment instructions to CBP 15 days after the
[[Page 44162]]
date of publication of these final results of review. 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 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 26 companies that were not selected for
individual examination.\12\ Additionally, because the Department
determined that Super Grip had no shipments of subject merchandise
during the POR, for entries of merchandise produced by Super Grip, for
which it did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate in effect during the POR if there is no rate for the
intermediate company(ies) involved in the transaction.\13\
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\11\ See 19 CFR 351.212(b).
\12\ See PDM, at ``Rate for Non-Examined Companies'' (for an
explanation of how we preliminarily determined the rate of non-
selected companies).
\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2) of the Act: (1) The cash deposit rates
for the reviewed companies will be the rates established in the final
results of this review; (2) for merchandise exported by manufacturers
or exporters not covered in this review but covered in a prior segment
of the proceeding, the cash deposit rate will continue to be the
company-specific rate published for the most recently completed segment
of this proceeding; (3) if the exporter is not a firm covered in this
review, a prior review, or the less-than-fair-value investigation but
the manufacturer is, the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
manufacturer of the merchandise; (4) if neither the exporter nor the
manufacturer has its own rate, the cash deposit rate will continue to
be 4.69 percent, the all-others rate established in the order.\14\
These deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\14\ 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 final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanctions.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: September 14, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-20125 Filed 9-20-17; 8:45 am]
BILLING CODE 3510-DS-P
