Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review; 2016-2017, 23894-23895 [2018-11030]
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, productions records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} must provide this
Exporter Certification to the U.S. importer
before or at the time of shipment;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} is required to
provide a copy of this certification and
supporting records, upon request, to U.S.
Customs and Border Protection (CBP) and/or
the Department of Commerce (Commerce);
• I understand that the claims made
herein, and the substantiating documentation
are subject to verification by CBP and/or the
Commerce;
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
Æ suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met, and
Æ the requirement that the importer post
applicable antidumping duty (AD) and/or
countervailing duty (CVD) cash deposits (as
appropriate) equal to the rates as determined
by the Department;
• This certification was completed before
or at the time of shipment of the relevant
entries;
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
polyethylene retail carrier bags from
Malaysia for the period of review (POR)
August 1, 2016, through July 31, 2017.
We continue to find that Euro SME Sdn
Bhd (Euro SME) did not have shipments
of subject merchandise during the POR.
DATES: Applicable May 23, 2018.
FOR FURTHER INFORMATION CONTACT: Alex
Rosen or Brendan Quinn, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7814 or (202) 482–5848,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2018, Commerce
published the Preliminary Results.1 We
invited interested parties to comment on
the Preliminary Results.2 We received a
case brief from the Polyethylene Retail
Carrier Bag Committee and its
individual members, Hilex Poly Co.,
LLC and Superbag Corp. (the
petitioners).3 No other parties submitted
comments or rebuttal comments.
Scope of the Order
daltland on DSKBBV9HB2PROD with NOTICES
The merchandise subject to this
antidumping duty order is polyethylene
retail carrier bags (PRCBs), which also
may be referred to as t-shirt sacks,
merchandise bags, grocery bags, or
checkout bags. The subject merchandise
is defined as non-sealable sacks and
bags with handles (including
drawstrings), without zippers or integral
Signature
lllllllllllllllllllll extruded closures, with or without
gussets, with or without printing, of
NAME OF COMPANY OFFICIAL
polyethylene film having a thickness no
lllllllllllllllllllll
greater than 0.035 inch (0.889 mm) and
TITLE
no less than 0.00035 inch (0.00889 mm),
lllllllllllllllllllll and with no length or width shorter
DATE
than 6 inches (15.24 cm) or longer than
40 inches (101.6 cm). The depth of the
[FR Doc. 2018–11029 Filed 5–22–18; 8:45 am]
bag may be shorter than 6 inches (15.24
BILLING CODE 3510–DS–P
cm) but not longer than 40 inches (101.6
cm).
PRCBs are typically provided without
DEPARTMENT OF COMMERCE
any consumer packaging and free of
International Trade Administration
charge by retail establishments, e.g.,
grocery, drug, convenience, department,
[A–557–813]
specialty retail, discount stores, and
Polyethylene Retail Carrier Bags From restaurants to their customers to
Malaysia: Final Results of Antidumping package and carry their purchased
products. The scope of this antidumping
Duty Administrative Review; 2016–
duty order excludes (1) PRCBs that are
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has completed the
administrative review of the
antidumping duty order on
AGENCY:
VerDate Sep<11>2014
17:33 May 22, 2018
Jkt 244001
1 See Polyethylene Retail Carrier Bags from
Malaysia: Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 11959
(March 19, 2018) (Preliminary Results).
2 Id. at 11960.
3 See letter from the petitioners, ‘‘Polyethylene
Retail Carrier Bags from Malaysia: Case Brief,’’
dated April 11, 2018 (Petitioners’ Case Brief).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
not printed with logos or store names
and that are closeable with drawstrings
made of polyethylene film and (2)
PRCBs that are packed in consumer
packaging with printing that refers to
specific end-uses other than packaging
and carrying merchandise from retail
establishments, e.g., garbage bags, lawn
bags, trash-can liners.
Imports of merchandise included
within the scope of this antidumping
duty order are currently classifiable
under statistical category 3923.21.0085
of the Harmonized Tariff Schedule of
the United States (HTSUS). This
subheading may also cover products
that are outside the scope of this
antidumping duty order. Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of this
antidumping duty order is dispositive.
Comments Received
On April 11, 2018, the petitioners
submitted a case brief which notes only
that the 2.40 percent rate listed for allother producers or exporters in the
Preliminary Results notice is incorrect,
and that the final results should reflect
the 84.94 percent all-others rate
established in the investigation of this
order.4 Because this issue is addressed
infra, and no further issues were briefed
in the instant proceeding, no decision
memorandum accompanies this Federal
Register notice.
Changes Since the Preliminary Results
The Preliminary Results stated that,
‘‘effective upon publication of the final
results of this administrative review
. . . the cash deposit rate for all other
producers or exporters is 2.40
percent.’’ 5 The 2.40 percent rate for allother producers or exporters, as stated
in the Preliminary Results notice, was a
typographical error. Commerce agrees
with the petitioners that it determined
an all-others rate of 84.94 percent in the
Investigation,6 that this all-others rate
has not changed.7 Thus, the correct rate
applicable to all-other producers or
exporters in this review continues to be
84.94 percent. Accordingly, we are
correcting the all-others rate listed in
the ‘‘Cash Deposit Requirements’’
section below to accurately reflect the
4 See Petitioners’ Case Brief at 1, citing to
Preliminary Results, 83 FR at 11959–60 and Notice
of Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags from the
People’s Republic of China, 69 FR 34128, 34129
(June 18, 2004) (Investigation).
5 See Preliminary Results, 83 FR at 11959–60.
6 See Investigation, 69 FR at 34129.
7 See, e.g., Polyethylene Retail Carrier Bags from
Malaysia: Final Results of the Antidumping Duty
Administrative Review; 2014–2015, 81 FR 75378,
75379 (October 31, 2016).
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
84.94 percent rate calculated in the
Investigation.8
Final Determination of No Shipments
We found in the Preliminary Results
that Euro SME had no shipments of
subject merchandise during the POR,9
and no party commented on this
preliminary finding. As a result, this
finding has not changed.10 For further
details of the issues addressed in this
proceeding, see the Preliminary
Results.11
daltland on DSKBBV9HB2PROD with NOTICES
Assessment Rates
Commerce determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise, where applicable, in
accordance with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b).
Commerce intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Regarding Euro SME, the exporter
under review, which we determined
had no shipments of the subject
merchandise during the POR, for any
suspended entries of subject
merchandise for which Euro SME did
not know its merchandise was destined
for the United States, we will instruct
CBP to liquidate these entries at the allothers rate if there is no rate for the
intermediate company involved in the
transaction.12
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice of final
results of the administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) For Euro SME, which claimed
no shipments, the cash deposit rate will
remain unchanged from the rate
assigned to Euro SME in the most
recently completed review of the
company; (2) for previously investigated
or reviewed companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is a firm not covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters is 84.94 percent.13 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i) of the Act and 19 CFR
351.221(b)(5).
Dated: May 17, 2018.
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.
BILLING CODE 3510–DS–P
Preliminary Results, 83 FR at 11959.
10 Id.
11 Id.
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
VerDate Sep<11>2014
17:33 May 22, 2018
Jkt 244001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–026, C–570–027]
Certain Corrosion-Resistant Steel
Products From the People’s Republic
of China: Affirmative Final
Determination of Circumvention of the
Antidumping Duty and Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain corrosion-resistant steel
products (CORE), produced in the
Socialist Republic of Vietnam (Vietnam)
using carbon hot-rolled steel (HRS) or
cold-rolled steel (CRS) flat products
manufactured in the People’s Republic
of China (China), are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
CORE from China.
DATES: Applicable May 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Nancy Decker or Mark Hoadley, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0196 or
(202) 482–3148, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 11, 2017, Commerce
published the Preliminary
Determination 1 of circumvention of the
CORE Orders.2 A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
[FR Doc. 2018–11030 Filed 5–22–18; 8:45 am]
8 Id.
9 See
23895
13 See
PO 00000
Investigation, 69 FR at 34129.
Frm 00012
Fmt 4703
Sfmt 4703
1 See Certain Corrosion-Resistant Steel Products
from the People’s Republic of China: Affirmative
Preliminary Determination of Anti-Circumvention
Inquiries on the Antidumping Duty and
Countervailing Duty Orders, 82 FR 58170
(December 11, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
2 See Certain Corrosion-Resistant Steel Flat
Products from India, Italy, the People’s Republic of
China, the Republic of Korea, and Taiwan:
Amended Final Affirmative Antidumping Duty
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390 (July 25,
2016), and Certain Corrosion-Resistant Steel
Products from India, Italy, Republic of Korea, and
the People’s Republic of China: Countervailing Duty
Order, 81 FR 48387 (July 25, 2016) (collectively,
CORE Orders).
E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23894-23895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11030]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-813]
Polyethylene Retail Carrier Bags From Malaysia: Final Results of
Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has completed the
administrative review of the antidumping duty order on polyethylene
retail carrier bags from Malaysia for the period of review (POR) August
1, 2016, through July 31, 2017. We continue to find that Euro SME Sdn
Bhd (Euro SME) did not have shipments of subject merchandise during the
POR.
DATES: Applicable May 23, 2018.
FOR FURTHER INFORMATION CONTACT: Alex Rosen or Brendan Quinn, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7814 or (202) 482-5848,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2018, Commerce published the Preliminary Results.\1\
We invited interested parties to comment on the Preliminary Results.\2\
We received a case brief from the Polyethylene Retail Carrier Bag
Committee and its individual members, Hilex Poly Co., LLC and Superbag
Corp. (the petitioners).\3\ No other parties submitted comments or
rebuttal comments.
---------------------------------------------------------------------------
\1\ See Polyethylene Retail Carrier Bags from Malaysia:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 11959 (March 19, 2018) (Preliminary Results).
\2\ Id. at 11960.
\3\ See letter from the petitioners, ``Polyethylene Retail
Carrier Bags from Malaysia: Case Brief,'' dated April 11, 2018
(Petitioners' Case Brief).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this antidumping duty order is
polyethylene retail carrier bags (PRCBs), which also may be referred to
as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The
subject merchandise is defined as non-sealable sacks and bags with
handles (including drawstrings), without zippers or integral extruded
closures, with or without gussets, with or without printing, of
polyethylene film having a thickness no greater than 0.035 inch (0.889
mm) and no less than 0.00035 inch (0.00889 mm), and with no length or
width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6
cm). The depth of the bag may be shorter than 6 inches (15.24 cm) but
not longer than 40 inches (101.6 cm).
PRCBs are typically provided without any consumer packaging and
free of charge by retail establishments, e.g., grocery, drug,
convenience, department, specialty retail, discount stores, and
restaurants to their customers to package and carry their purchased
products. The scope of this antidumping duty order excludes (1) PRCBs
that are not printed with logos or store names and that are closeable
with drawstrings made of polyethylene film and (2) PRCBs that are
packed in consumer packaging with printing that refers to specific end-
uses other than packaging and carrying merchandise from retail
establishments, e.g., garbage bags, lawn bags, trash-can liners.
Imports of merchandise included within the scope of this
antidumping duty order are currently classifiable under statistical
category 3923.21.0085 of the Harmonized Tariff Schedule of the United
States (HTSUS). This subheading may also cover products that are
outside the scope of this antidumping duty order. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the scope of this antidumping duty order is
dispositive.
Comments Received
On April 11, 2018, the petitioners submitted a case brief which
notes only that the 2.40 percent rate listed for all-other producers or
exporters in the Preliminary Results notice is incorrect, and that the
final results should reflect the 84.94 percent all-others rate
established in the investigation of this order.\4\ Because this issue
is addressed infra, and no further issues were briefed in the instant
proceeding, no decision memorandum accompanies this Federal Register
notice.
---------------------------------------------------------------------------
\4\ See Petitioners' Case Brief at 1, citing to Preliminary
Results, 83 FR at 11959-60 and Notice of Final Determination of
Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags from
the People's Republic of China, 69 FR 34128, 34129 (June 18, 2004)
(Investigation).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
The Preliminary Results stated that, ``effective upon publication
of the final results of this administrative review . . . the cash
deposit rate for all other producers or exporters is 2.40 percent.''
\5\ The 2.40 percent rate for all-other producers or exporters, as
stated in the Preliminary Results notice, was a typographical error.
Commerce agrees with the petitioners that it determined an all-others
rate of 84.94 percent in the Investigation,\6\ that this all-others
rate has not changed.\7\ Thus, the correct rate applicable to all-other
producers or exporters in this review continues to be 84.94 percent.
Accordingly, we are correcting the all-others rate listed in the ``Cash
Deposit Requirements'' section below to accurately reflect the
[[Page 23895]]
84.94 percent rate calculated in the Investigation.\8\
---------------------------------------------------------------------------
\5\ See Preliminary Results, 83 FR at 11959-60.
\6\ See Investigation, 69 FR at 34129.
\7\ See, e.g., Polyethylene Retail Carrier Bags from Malaysia:
Final Results of the Antidumping Duty Administrative Review; 2014-
2015, 81 FR 75378, 75379 (October 31, 2016).
\8\ Id.
---------------------------------------------------------------------------
Final Determination of No Shipments
We found in the Preliminary Results that Euro SME had no shipments
of subject merchandise during the POR,\9\ and no party commented on
this preliminary finding. As a result, this finding has not
changed.\10\ For further details of the issues addressed in this
proceeding, see the Preliminary Results.\11\
---------------------------------------------------------------------------
\9\ See Preliminary Results, 83 FR at 11959.
\10\ Id.
\11\ Id.
---------------------------------------------------------------------------
Assessment Rates
Commerce determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise, where applicable, in accordance with section 751(a)(2)(C)
of the Act and 19 CFR 351.212(b). Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this review.
Regarding Euro SME, the exporter under review, which we determined
had no shipments of the subject merchandise during the POR, for any
suspended entries of subject merchandise for which Euro SME did not
know its merchandise was destined for the United States, we will
instruct CBP to liquidate these entries at the all-others rate if there
is no rate for the intermediate company involved in the
transaction.\12\
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of this notice of
final results of the administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For Euro SME, which claimed no shipments,
the cash deposit rate will remain unchanged from the rate assigned to
Euro SME in the most recently completed review of the company; (2) for
previously investigated or reviewed companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is a firm not
covered in this review, a prior review, or the less-than-fair-value
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters is 84.94 percent.\13\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\13\ See Investigation, 69 FR at 34129.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(5).
Dated: May 17, 2018.
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. 2018-11030 Filed 5-22-18; 8:45 am]
BILLING CODE 3510-DS-P
