Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 56418-56420 [2019-22913]
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56418
Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Notices
weighted-average dumping margin of
the sole respondent covered by this
administrative review is zero, we will
instruct CBP to liquidate entries covered
by this review period without regard to
antidumping duties. Commerce intends
to issue assessment instructions to CBP
15 days after the publication date of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Filmag will be that
established in the final results of this
administrative review; (2) for previously
reviewed or investigated companies, the
cash deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or in the investigation, but the
manufacturer is, then the cash deposit
rate will be the rate established for the
most recent review period for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be the all-others rate of
26.59 percent, the rate established in the
investigation of this proceeding.6 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) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the period of review. 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 orders (APO) of their
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
6 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Butt-Weld
Pipe Fittings from Italy, 65 FR 81830, 81831
(December 27, 2000).
VerDate Sep<11>2014
17:02 Oct 21, 2019
Jkt 250001
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: October 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
VI. Discussion of the Issues
VII. Recommendation
[FR Doc. 2019–22997 Filed 10–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–813]
Polyethylene Retail Carrier Bags From
Malaysia: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Euro SME Sdn Bhd (Euro SME), the
sole producer and/or exporter subject to
this administrative review, did not make
sales of polyethylene retail carrier bags
(PRCBs) at less than normal value (NV)
during the August 1, 2017 through July
31, 2018, period of review (POR).
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 22, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane, 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) 482–5449.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Background
On October 4, 2018, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping (AD) order on PRCBs from
Malaysia, covering one company: Euro
SME.1 Commerce exercised its
discretion to toll all deadlines affected
by the partial federal government
closure from December 22, 2018 through
the resumption of operations on January
29, 2019.2 On May 6, 2019, we further
extended the deadline for the
preliminary results in this review to no
later than October 10, 2019.3 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.4
Scope of the Order
The merchandise covered by this
order is PRCBs from Malaysia, which
also may be referred to as t-shirt sacks,
merchandise bags, grocery bags, or
checkout bags. 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.
For a full description of the scope of the
order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). We calculated
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018) (Initiation Notice).
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days. This
extended the initial deadline for the preliminary
results of this review to June 12, 2019.
3 See Memorandum, ‘‘Polyethylene Retail Carrier
Bags from Malaysia: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated May 6, 2019.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Polyethylene Retail Carrier
Bags: 2017–2018,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
E:\FR\FM\22OCN1.SGM
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Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Notices
export price and in accordance with
section 772 of the Act. We calculated
NV in accordance with section 773 of
the Act. For a full description of the
methodology underlying our
calculations, see the Preliminary
Decision Memorandum. 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 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 electronic versions of
the Preliminary Decision Memorandum
are identical in content. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as
the Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margin for
the period August 1, 2017 through July
31, 2018:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Euro SME Sbn Bhd ....................
0.00
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.
For any individually examined
respondent whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
this review, we will calculate importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of antidumping duties
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).5 We intend to instruct
5 In these preliminary results, Commerce applied
the assessment rate calculation methodology
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
VerDate Sep<11>2014
17:02 Oct 21, 2019
Jkt 250001
CBP to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. If a respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we intend to
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review
where applicable.
In accordance with our practice, for
entries of subject merchandise during
the POR for which a respondent did not
know that the merchandise was
destined for the United States, we
intend to instruct CBP to liquidate such
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. 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 and for future deposits of
estimated duties, where applicable.6
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, 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 company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
6 See
PO 00000
section 751(a)(2)(C) of the Act.
Frm 00009
Fmt 4703
Sfmt 4703
56419
proceeding for the manufacturer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 84.94
percent, the all-others rate established
in the LTFV investigation.7 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.8
Interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.9 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the time limit for filing
case briefs.10 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.11 Case and rebuttal briefs
should be filed using ACCESS.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.13
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.14
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the date of
publication of these preliminary results
7 See Antidumping Duty Order: Polyethylene
Retail Carrier Bags from Malaysia, 69 FR 48203
(August 9, 2004).
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(c)(1)(ii).
10 See 19 CFR 351.309(d)(1).
11 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
12 See 19 CFR 351.303.
13 See 19 CFR 351.310(c).
14 Id.
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56420
Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Notices
in the Federal Register, unless
otherwise extended.15
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
Dated: October 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
BILLING CODE 1301–00–D
International Trade Administration
[A–552–801]
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Product Comparisons
VI. U.S. Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019–22913 Filed 10–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination
and Extension of Provisional Measures
Corrections
In Notice document 2019–21998,
appearing on pages 54106–54114, in the
issue of Wednesday, October 9, 2019,
make the following corrections:
1. On page 54107, on the fifth line, in
the fourth column of the table, the Cash
deposit rate entry that reads ‘‘70.4’’
should read ‘‘70.42’’.
2. On the same page, on the sixth line,
in the same table, the Cash deposit rate
Section 751(a)(3)(A) of the Act.
VerDate Sep<11>2014
[FR Doc. C1–2019–21998 Filed 10–21–19; 8:45 am]
DEPARTMENT OF COMMERCE
Appendix
15 See
entry that reads ‘‘70.4’’ should read
‘‘70.42’’.
3. On the same page, on the seventh
line, in the fourth column of the same
table, the Cash deposit rate entry that
reads ‘‘28.7’’ should read ‘‘28.71’’.
4. On page 54109, on the seventh line,
in the fourth column of the same table,
the Cash deposit rate entry that reads
‘‘28.7’’ should read ‘‘28.71’’.
5. On the same page, on the twelfth
line, in the fourth column of the same
table, the Cash deposit rate entry that
reads ‘‘28.7’’ should read ‘‘28.71’’.
6. On page 54110, on the seventh line,
in the fourth column of the same table,
the Cash deposit rate entry that reads
‘‘28.7’’ should read ‘‘28.71’’.
17:02 Oct 21, 2019
Jkt 250001
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Preliminary Results of the
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain frozen fish fillets (fish
fillets) from the Socialist Republic of
Vietnam (Vietnam) are not being, or are
not likely to be, sold in the United
States at less than normal value (NV)
during the period of review (POR),
August 1, 2017 through July 31, 2018.
DATES: Applicable October 22, 2019.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–2243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 4, 2018, Commerce
published in the Federal Register the
notice of initiation of an administrative
review of the antidumping duty (AD)
order on fish fillets from Vietnam.1
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018) (Initiation Notice); see also
Appendix II for the complete list of all companies
upon which Commerce initiated an administrative
review.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Commerce initiated a review with
respect to 76 companies,2 and selected
three of these companies: Bien Dong
Seafood Co., Ltd. (Bien Dong); Hung
Vuong Group (HVG); 3 and Vinh Hoan
Corporation (Vinh Hoan), as mandatory
respondents.4 Petitioners withdrew
their request for review of Bien Dong
and Bien Dong Hau Giang Seafood Joint
Stock Company (Bien Dong HG) on
December 20, 2018,5 and respondent
Bien Dong also withdrew its request for
review for itself and for Bien Dong HG
on that date.6 On December 27, 2018,
Vinh Hoan withdrew its review
request.7 On December 31, 2018, the
petitioners withdrew their request with
regard to Vinh Hoan and several other
companies.8 On February 4, 2019, NTSF
Seafoods Joint Stock Company (NTSF)
was selected as a replacement
mandatory respondent.9 On January 2,
2019, and February 8, 2019, the
petitioners withdrew their request for
additional companies.10 On March 13,
2019, Commerce rescinded the review
on 52 companies including Bien Dong,
Vinh Hoan, and HVG.11
2 Id.
3 The Hung Vuong Group (HVG), includes: An
Giang Fisheries Import & Export Joint Stock
Company, Asia Pangasius Company Limited,
Europe Joint Stock Company, Hung Vuong Ben Tre
Seafood Processing Co., Ltd., Hung Vuong Joint
Stock Company, Hung Vuong Mascato Company
Limited, Hung Vuong—Vinh Long Co., Ltd., and
Hung Vuong—Sa Dec Co., Ltd. See Certain Frozen
Fish Fillets From the Socialist Republic of Vietnam:
Preliminary Results of the Antidumping Duty
Administrative Review, Preliminary Determination
of No Shipments and Partial Rescission of the
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 46479 (September 13, 2018), and
accompanying Preliminary Decision Memorandum
at 4 unchanged in Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Final Results,
and Final Results of No Shipments of the
Antidumping Duty Administrative Review; 2016–
2017, 84 FR 18007 (April 29, 2019).
4 See Memorandum, ‘‘Selection of Respondents
for Individual Review,’’ dated October 31, 2018.
5 See Petitioners’ Letter, ‘‘Partial Withdrawal of
Request for Administrative Review of Antidumping
Duty Order,’’ dated December 20, 2018.
6 See Bien Dong’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated December 20,
2018.
7 See Vinh Hoan’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated December 27,
2018.
8 See Petitioners’ Letter, ‘‘Partial Withdrawal of
Request for Administrative Review of Antidumping
Duty Order,’’ dated December 31, 2018.
9 See Memorandum, ‘‘Selection of Replacement
Respondent for Individual Review,’’ dated February
4, 2019.
10 See Petitioners’ Letters, ‘‘Partial Withdrawal of
Request for Administrative Review of Antidumping
Duty Order,’’ dated January 2, 2019; and ‘‘Partial
Withdrawal of Request for Administrative Review
of Antidumping Duty Order,’’ dated February 8,
2019.
11 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam; 2017– 2018;
Rescission of the Antidumping Duty Administrative
Review in Part, 84 FR 9087 (March 13, 2019).
E:\FR\FM\22OCN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56418-56420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22913]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-813]
Polyethylene Retail Carrier Bags From Malaysia: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Euro SME Sdn Bhd (Euro SME), the sole producer and/or exporter
subject to this administrative review, did not make sales of
polyethylene retail carrier bags (PRCBs) at less than normal value (NV)
during the August 1, 2017 through July 31, 2018, period of review
(POR). Interested parties are invited to comment on these preliminary
results.
DATES: Applicable October 22, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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) 482-5449.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2018, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping (AD) order on PRCBs from Malaysia, covering
one company: Euro SME.\1\ Commerce exercised its discretion to toll all
deadlines affected by the partial federal government closure from
December 22, 2018 through the resumption of operations on January 29,
2019.\2\ On May 6, 2019, we further extended the deadline for the
preliminary results in this review to no later than October 10,
2019.\3\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
\2\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days. This extended the initial deadline
for the preliminary results of this review to June 12, 2019.
\3\ See Memorandum, ``Polyethylene Retail Carrier Bags from
Malaysia: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated May 6, 2019.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Polyethylene
Retail Carrier Bags: 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is PRCBs from Malaysia, which
also may be referred to as t-shirt sacks, merchandise bags, grocery
bags, or checkout bags. 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. For a full description of the scope of the order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
We calculated
[[Page 56419]]
export price and in accordance with section 772 of the Act. We
calculated NV in accordance with section 773 of the Act. For a full
description of the methodology underlying our calculations, see the
Preliminary Decision Memorandum. 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 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 electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as the Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin for the period August 1, 2017
through July 31, 2018:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Euro SME Sbn Bhd........................................... 0.00
------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, we will calculate importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\5\ We intend to instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate calculated in the final results of
this review is not zero or de minimis. If a respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis,
we intend to instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by this review where applicable.
---------------------------------------------------------------------------
\5\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
In accordance with our practice, for entries of subject merchandise
during the POR for which a respondent did not know that the merchandise
was destined for the United States, we intend to instruct CBP to
liquidate such entries at the all-others rate if there is no rate for
the intermediate company(ies) involved in the transaction. 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 and for future deposits of estimated duties,
where applicable.\6\
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\6\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, 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
company participated; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less-than-fair-value (LTFV)
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 subject merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 84.94 percent, the all-others rate established in the
LTFV investigation.\7\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
from Malaysia, 69 FR 48203 (August 9, 2004).
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\8\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\9\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than five days after
the time limit for filing case briefs.\10\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\11\ Case and rebuttal
briefs should be filed using ACCESS.\12\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1).
\11\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\12\ See 19 CFR 351.303.
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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 ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\13\ Hearing requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\14\
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\13\ See 19 CFR 351.310(c).
\14\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the date of publication of these
preliminary results
[[Page 56420]]
in the Federal Register, unless otherwise extended.\15\
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\15\ See Section 751(a)(3)(A) of the Act.
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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) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: October 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Product Comparisons
VI. U.S. Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019-22913 Filed 10-21-19; 8:45 am]
BILLING CODE 3510-DS-P
