Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review; 2017-2018, 8251-8252 [2020-02907]

Download as PDF Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2)(B) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of acetone from Belgium no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice will serve as the only 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 return/ destruction or 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. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). jbell on DSKJLSW7X2PROD with NOTICES Dated: February 6, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. ketone, dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-propanone, dimethyl formaldehyde, pyroacetic acid, pyroacetic ether, and pyroacetic spirit. Acetone is an isomer of the chemical formula C3H6O, with a specific molecular formula of CH3COCH3 or (CH3)2CO. The scope covers both pure acetone (with or without impurities) and acetone that is combined or mixed with other products, including, but not limited to, isopropyl alcohol, benzene, diethyl ether, methanol, chloroform, and ethanol. Acetone that has been combined with other products is included within the scope, regardless of whether the combining occurs in third countries. The scope also includes acetone that is commingled with acetone from sources not subject to this investigation. For combined and commingled products, only the acetone component is covered by the scope of this investigation. However, when acetone is combined with acetone components from sources not subject to this investigation, those third country acetone components may still be subject to other acetone investigations. Notwithstanding the foregoing language, an acetone combination or mixture that is transformed through a chemical reaction into another product, such that, for example, the acetone can no longer be separated from the other products through a distillation process (e.g., methyl methacrylate (MMA) or Bisphenol A (BPA)), is excluded from this investigation. A combination or mixture is excluded from these investigations if the total acetone component (regardless of the source or sources) comprises less than 5 percent of the combination or mixture, on a dry weight basis. The Chemical Abstracts Service (CAS) registry number for acetone is 67–64–1. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2914.11.1000 and 2914.11.5000. Combinations or mixtures of acetone may enter under subheadings in Chapter 38 of the HTSUS, including, but not limited to, those under heading 3814.00.1000, 3814.00.2000, 3814.00.5010, and 3814.00.5090. The list of items found under these HTSUS subheadings is nonexhaustive. Although these HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II Appendix I List of Topics Discussed in the Issues and Decision Memorandum Scope of the Investigation The merchandise covered by this investigation is all grades of liquid or aqueous acetone. Acetone is also known under the International Union of Pure and Applied Chemistry (IUPAC) name propan-2one. In addition to the IUPAC name, acetone is also referred to as +-ketopropane (or betaketopropane), ketone propane, methyl I. Summary II. Background III. Scope of the Investigation IV. Discussion of the Issues Comment 1: Whether Commerce Should Adjust Ineos Europe’s Tolling Costs Comment 2: Whether Commerce Should Use Ineos Europe’s Actual Demurrage Expenses VerDate Sep<11>2014 18:34 Feb 12, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 8251 V. Recommendation [FR Doc. 2020–02908 Filed 2–12–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–813] Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review; 2017– 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Euro SME Sdn Bhd (Euro SME), the sole producer/ exporter subject to this administrative review did not make sales of subject merchandise at less than normal value (NV) during the August 1, 2017 through July 31, 2018 period of review (POR). DATES: Applicable February 13, 2020. 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: Background Commerce published the Preliminary Results of this administrative review of the antidumping duty (AD) order on polyethylene retail carrier bags (PRCBs) from Malaysia on October 22, 2019.1 We invited interested parties to comment on the Preliminary Results; however, no interested party submitted comments. Commerce conducted this administrative review in accordance with sections 751(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). 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 1 See Polyethylene Retail Carrier Bags from Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 56418 (October 22, 2019) (Preliminary Results) and accompanying Preliminary Decision Memorandum. E:\FR\FM\13FEN1.SGM 13FEN1 8252 Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Notices 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. Changes Since the Preliminary Results As noted above, we received no comments in response to the Preliminary Results. Accordingly, for purposes of these final results, Commerce has made no changes. Final Results of the Review Commerce determines that the following weighted-average dumping margin exists for the August 1, 2017 through July 31, 2018 POR: Exporter/producer Euro SME Sdn Bhd .............. Estimated weightedaverage dumping margin (percent) 0.00 Assessment Rates jbell on DSKJLSW7X2PROD with NOTICES Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For Euro SME, we calculated importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1).2 Where an importerspecific assessment rate is de minimis (i.e., less than 0.5 percent), the entries by that importer will be liquidated without reference to antidumping duties. For entries of Euro SME’s merchandise during the period of review for which it did not know the merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of these 2 In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). VerDate Sep<11>2014 18:34 Feb 12, 2020 Jkt 250001 final results of this review in the Federal Register. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review in the Federal Register for all shipments of PRCBs from Malaysia entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Euro SME will be zero; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-thanfair-value investigation but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 84.94 percent, the all-others rate established in the antidumping investigation.3 These 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the 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 return or destruction of proprietary information disclosed under the 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 3 See Antidumping Duty Order: Polyethylene Retail Carrier Bags from Malaysia, 69 FR 48203 (August 9, 2004). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: February 3, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–02907 Filed 2–12–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–899] Acetone From the Republic of Korea: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of acetone from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2018 through December 31, 2018. For information on the estimated weightedaverage dumping margins of sales at LTFV, see the ‘‘Final Determination’’ section of this notice. DATES: Applicable February 13, 2020. FOR FURTHER INFORMATION CONTACT: Sean Carey, 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) 482–3964. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 24, 2019, Commerce published the Preliminary Determination of this LTFV investigation.1 The petitioner in this investigation is the Coalition for 1 See Acetone from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 84 FR 50005 (September 24, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8251-8252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02907]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Final Results of 
Antidumping Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Euro SME 
Sdn Bhd (Euro SME), the sole producer/exporter subject to this 
administrative review did not make sales of subject merchandise at less 
than normal value (NV) during the August 1, 2017 through July 31, 2018 
period of review (POR).

DATES: Applicable February 13, 2020.

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

    Commerce published the Preliminary Results of this administrative 
review of the antidumping duty (AD) order on polyethylene retail 
carrier bags (PRCBs) from Malaysia on October 22, 2019.\1\ We invited 
interested parties to comment on the Preliminary Results; however, no 
interested party submitted comments. Commerce conducted this 
administrative review in accordance with sections 751(a)(1) and (2) of 
the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Polyethylene Retail Carrier Bags from Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 56418 (October 22, 2019) (Preliminary Results) and 
accompanying 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

[[Page 8252]]

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.

Changes Since the Preliminary Results

    As noted above, we received no comments in response to the 
Preliminary Results. Accordingly, for purposes of these final results, 
Commerce has made no changes.

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the August 1, 2017 through July 31, 2018 POR:

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                   Exporter/producer                     average dumping
                                                              margin
                                                            (percent)
------------------------------------------------------------------------
Euro SME Sdn Bhd.......................................            0.00
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. For Euro SME, we calculated importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for each importer's examined sales and the total entered 
value of those sales in accordance with 19 CFR 351.212(b)(1).\2\ Where 
an importer-specific assessment rate is de minimis (i.e., less than 0.5 
percent), the entries by that importer will be liquidated without 
reference to antidumping duties. For entries of Euro SME's merchandise 
during the period of review for which it did not know the merchandise 
was destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------

    \2\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
these final results of this review in the Federal Register.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review in 
the Federal Register for all shipments of PRCBs from Malaysia entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rate for Euro SME will be zero; (2) for merchandise exported by 
producers or exporters not covered in this administrative review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the producer or 
exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original less-than-fair-value 
investigation but the producer is, then the cash deposit rate will be 
the rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
84.94 percent, the all-others rate established in the antidumping 
investigation.\3\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \3\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from Malaysia, 69 FR 48203 (August 9, 2004).
---------------------------------------------------------------------------

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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the 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 return or destruction of proprietary information 
disclosed under the 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 terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act and 
19 CFR 351.221(b)(5).

    Dated: February 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02907 Filed 2-12-20; 8:45 am]
 BILLING CODE 3510-DS-P