Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Administrative Review; 2018-19, 22019-22020 [2021-08631]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Notices]
[Pages 22019-22020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08631]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Final Results of 
Antidumping Administrative Review; 2018-19

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

SUMMARY: On December 22, 2020, the Department of Commerce (Commerce) 
published the preliminary results of the administrative review of the 
antidumping duty (AD) order on polyethylene retail carrier bags (PRCBs) 
from Malaysia. The period of review (POR) is August 1, 2018, through 
July 31, 2019. We continue to find that PRCBs from Malaysia were not 
sold at less than normal value during the POR.

DATES: Applicable April 26, 2021.

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 December 22, 2020, Commerce published the Preliminary Results of 
this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results within 30 days.\2\ No interested party 
submitted comments or requested a hearing in this administrative 
review. The current deadline for these final results is April 21, 2021.
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    \1\ See Polyethylene Retail Carrier Bags from Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 83515 (December 22, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Preliminary Results.
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Scope of the Order

    The merchandise covered by this order is PRCBs from Malaysia, which 
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.

Final Results of Review

    As noted above, Commerce received no comments concerning the 
Preliminary Results. As there are no changes from, or comments upon, 
the Preliminary Results, Commerce finds that there is no reason to 
modify its analysis and calculations. Accordingly, we adopt the 
analysis and explanation in our Preliminary Results for the purposes of 
these final results, and we have not prepared an Issues and Decision 
Memorandum to accompany this Federal Register notice.
    The final weighted-average dumping margin for the period August 1, 
2018, through July 31, 2019, for Euro SME Sdn. Bhd. (Euro SME) and its 
affiliated exporter Euro Nature Green Sdn. Bhd. (Euro Nature Green), is 
as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd..........        0.00
------------------------------------------------------------------------

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP)

[[Page 22020]]

shall assess, antidumping duties on all appropriate entries in this 
review, in accordance with section 751(a)(2)(C) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.212(b). Where an importer-
specific assessment rate is zero or 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 and Euro 
Nature Green's merchandise during the period of review for which they 
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.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication). Because we calculated a zero percent margin 
for Euro SME and Euro Nature Green, we intend to instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\3\
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    \3\ See 19 CFR 351.206(c)(2).
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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)(C) of the Act: (1) The 
cash deposit rate for Euro SME and Euro Nature Green will be zero, the 
rate established in the final results of this review; (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.\4\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \4\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from Malaysia, 69 FR 48203 (August 9, 2004).
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results within five days of the 
date of publication of the notice of final results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, there are no 
calculations to disclose here because Commerce made no changes to the 
analysis or calculations in the Preliminary Results.\5\
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    \5\ For disclosure calculations made in the Preliminary Results, 
see Memorandum, ``Analysis Memorandum for the Preliminary Results of 
the 2018/2019 Administrative Review of Polyethylene Retail Carrier 
Bags from Malaysia: Euro SME Sdn Bhd,'' dated December 18, 2020.
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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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a final reminder to the 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 return or 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.

Notification to Interested Parties

    This determination and notice are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: April 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-08631 Filed 4-23-21; 8:45 am]
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