Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the People's Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Continuation of the Antidumping Duty Orders and Countervailing Duty Order, 59366-59367 [2021-23375]

Download as PDF 59366 Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices companies did not know that the merchandise they sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, 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.9 We intend 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). Cash Deposit Requirements lotter on DSK11XQN23PROD with NOTICES1 The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the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 subject to this review, the cash deposit will continue to be the companyspecific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, or a previous segment, but the manufacturer is, then the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 5.95 percent, the all-others rate established in the LTFV investigation.10 These deposit requirements, when imposed, shall remain in effect until further notice. 9 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 10 See Circular Welded Carbon-Quality Steel Pipe from the Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Orders, 81 FR 91906, 91908 (December 19, 2016). VerDate Sep<11>2014 16:47 Oct 26, 2021 Jkt 256001 VII. Recommendation 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 Order This notice serves as the only 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), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of 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. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: October 20, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations performing the non-exclusive functions and duties of theAssistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Adverse Facts Available V. Margin Calculations VI. Discussion of Issues Ajmal-Specific Issue Comment 1: Application of Adverse Facts Available (AFA) Based on Failure to Cooperate Universal-Specific Issues Comment 2: Whether To Cap Universal’s Cutting Revenue Comment 3: Whether To Revise Universal’s Reported Theoretical Weight Comment 4: Whether To Use Universal’s Most Recently Submitted Data Sets Other Issue Comment 5: Rate for the Non-Selected Company PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 [FR Doc. 2021–23372 Filed 10–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–822, A–557–813, A–570–886, A–583– 843, A–549–821, A–552–806, C–552–805] Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the People’s Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Continuation of the Antidumping Duty Orders and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on polyethylene retail carrier bags (PRCBs) from Indonesia, Malaysia, the People’s Republic of China (China), Taiwan, Thailand, and the Socialist Republic of Vietnam (Vietnam) and the countervailing duty (CVD) order on PRCBs from Vietnam would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders. AGENCY: DATES: Applicable October 27, 2021. FOR FURTHER INFORMATION CONTACT: Claudia Cott or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4270 or (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Background On August 9, 2004, Commerce published in the Federal Register the AD orders on PRCBs from Malaysia, China, and Thailand, and on May 4, 2010, the AD orders on PRCBs from Indonesia, Taiwan, and Vietnam and the CVD order on PRCBs from Vietnam.1 On 1 See Antidumping Duty Order: Polyethylene Retail Carrier Bags from Malaysia, 69 FR 48203 (August 9, 2004); Antidumping Duty Order: Polyethylene Retail Carrier Bags from the People’s Republic of China, 69 FR 48201 (August 9, 2004); Antidumping Duty Order: Polyethylene Retail Carrier Bags from Thailand, 69 FR 48204 (August 9, 2004); Antidumping Duty Orders: Polyethylene E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices March 31, 2021, Commerce initiated,2 and on April 1, 2021, the ITC instituted,3 sunset reviews of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, Commerce determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of dumping and countervailable subsidies. Commerce, therefore, notified the ITC of the magnitude of the margins of dumping and net subsidies rates likely to prevail should these Orders be revoked.4 On October 21, 2021, the ITC published its determination that revocation of the Orders would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to sections 751(c) and 752(a) of the Act.5 lotter on DSK11XQN23PROD with NOTICES1 Scope of the Orders The merchandise covered by the Orders is PRCBs, which may be referred to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The subject merchandise is defined as nonsealable sacks and bags with handles (including drawstrings), without zippers or integral extruded closures, with or without gussets, with or without printing, of polyethylene film having a thickness no greater than 0.035 inch (0.889 mm) and no less than 0.00035 inch (0.00889 mm), and with no length Retail Carrier Bags from Indonesia, Taiwan, and the Socialist Republic of Vietnam, 75 FR 23667 (May 4, 2010); and Polyethylene Retail Carrier Bags from the Socialist Republic of Vietnam: Countervailing Duty Order, 75 FR 23670 (May 4, 2010) (collectively, Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701 (March 31, 2021). 3 See Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam; Institution of Five-Year Reviews, 86 FR 17200 (April 1, 2021). 4 See Polyethylene Retail Carrier Bags from Indonesia, Malaysia, the People’s Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 86 FR 35478 (July 6, 2021), and accompanying Issues and Decision Memorandum (IDM); see also Polyethylene Retail Carrier Bags from the Socialist Republic of Vietnam: Final Results of the Expedited Second Five-Year Sunset Review of the Countervailing Duty Order, 86 FR 43626 (August 10, 2021), and accompanying IDM. 5 See Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam; (Inv. Nos. 701–TA–462 and 731–TA– 1156–1158 (Second Review) and 731–TA–1043– 1045 (Third Review)), 86 FR 58301 (October 21, 2021), see also Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 701–TA–462 and 731–TA–1156–1158 (Second Review) and 731– TA1043–1045 (Third Review), USITC Pub. 5233 (October 2021). VerDate Sep<11>2014 16:47 Oct 26, 2021 Jkt 256001 59367 or width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 cm). The depth of the bag may be shorter than 6 inches but not longer than 40 inches (101.6 cm). PRCBs are typically provided without any consumer packaging and free of charge by retail establishments, e.g., grocery, drug, convenience, department, specialty retail, discount stores, and restaurants, to their customers to package and carry their purchased products. The scope of the orders excludes (1) polyethylene bags that are not printed with logos or store names and that are closeable with drawstrings made of polyethylene film and (2) polyethylene bags that are packed in consumer packaging with printing that refers to specific end-uses other than packaging and carrying merchandise from retail establishments, e.g., garbage bags, lawn bags, trash-can liners. As a result of changes to the Harmonized Tariff Schedule of the United States (HTSUS), imports of the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the HTSUS. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the Orders is dispositive.6 judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of these Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year (sunset) reviews of these Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. AGENCY: Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to APO of their responsibility concerning the return, destruction, or conversion to 6 See PO 00000 Orders. Frm 00008 Fmt 4703 Sfmt 4703 Notification to Interested Parties These five-year sunset reviews and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: October 21, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–23375 Filed 10–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–016] Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China: Notice of Remand Proceeding and Reopening of 2017– 2018 Antidumping Duty Administrative Review Record Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting a remand of the 2017–2018 administrative review of the antidumping duty (AD) order on certain passenger vehicle and light truck tires from the People’s Republic of China (China), which includes a limited reopening of the record. Commerce received a notification from U.S. Customs and Border Protection (CBP) that it found discrepancies and inaccuracies between the sales information certain parties reported during the 2017–2018 administrative review and that reported to CBP at the time of entry. Accordingly, Commerce intends to reopen the record of the 2017–2018 AD administrative review and reconsider the final results of the 2017–2018 review. Commerce is providing notice of the remand and the reopening of the record, and further, inviting participation from interested parties. DATES: Applicable October 27, 2021. FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, AD/CVD Operations, Office VII, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59366-59367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23375]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-822, A-557-813, A-570-886, A-583-843, A-549-821, A-552-806, C-
552-805]


Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the 
People's Republic of China, Taiwan, Thailand, and the Socialist 
Republic of Vietnam: Continuation of the Antidumping Duty Orders and 
Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on polyethylene 
retail carrier bags (PRCBs) from Indonesia, Malaysia, the People's 
Republic of China (China), Taiwan, Thailand, and the Socialist Republic 
of Vietnam (Vietnam) and the countervailing duty (CVD) order on PRCBs 
from Vietnam would likely lead to a continuation or recurrence of 
dumping, countervailable subsidies, and material injury to an industry 
in the United States, Commerce is publishing a notice of continuation 
of these AD and CVD orders.

DATES: Applicable October 27, 2021.

FOR FURTHER INFORMATION CONTACT: Claudia Cott or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4270 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2004, Commerce published in the Federal Register the 
AD orders on PRCBs from Malaysia, China, and Thailand, and on May 4, 
2010, the AD orders on PRCBs from Indonesia, Taiwan, and Vietnam and 
the CVD order on PRCBs from Vietnam.\1\ On

[[Page 59367]]

March 31, 2021, Commerce initiated,\2\ and on April 1, 2021, the ITC 
instituted,\3\ sunset reviews of the Orders, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from Malaysia, 69 FR 48203 (August 9, 2004); Antidumping Duty Order: 
Polyethylene Retail Carrier Bags from the People's Republic of 
China, 69 FR 48201 (August 9, 2004); Antidumping Duty Order: 
Polyethylene Retail Carrier Bags from Thailand, 69 FR 48204 (August 
9, 2004); Antidumping Duty Orders: Polyethylene Retail Carrier Bags 
from Indonesia, Taiwan, and the Socialist Republic of Vietnam, 75 FR 
23667 (May 4, 2010); and Polyethylene Retail Carrier Bags from the 
Socialist Republic of Vietnam: Countervailing Duty Order, 75 FR 
23670 (May 4, 2010) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701 
(March 31, 2021).
    \3\ See Polyethylene Retail Carrier Bags from China, Indonesia, 
Malaysia, Taiwan, Thailand, and Vietnam; Institution of Five-Year 
Reviews, 86 FR 17200 (April 1, 2021).
---------------------------------------------------------------------------

    As a result of its reviews, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of dumping and 
countervailable subsidies. Commerce, therefore, notified the ITC of the 
magnitude of the margins of dumping and net subsidies rates likely to 
prevail should these Orders be revoked.\4\
---------------------------------------------------------------------------

    \4\ See Polyethylene Retail Carrier Bags from Indonesia, 
Malaysia, the People's Republic of China, Taiwan, Thailand, and the 
Socialist Republic of Vietnam: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders, 86 FR 35478 (July 6, 2021), 
and accompanying Issues and Decision Memorandum (IDM); see also 
Polyethylene Retail Carrier Bags from the Socialist Republic of 
Vietnam: Final Results of the Expedited Second Five-Year Sunset 
Review of the Countervailing Duty Order, 86 FR 43626 (August 10, 
2021), and accompanying IDM.
---------------------------------------------------------------------------

    On October 21, 2021, the ITC published its determination that 
revocation of the Orders would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, pursuant to sections 751(c) and 
752(a) of the Act.\5\
---------------------------------------------------------------------------

    \5\ See Polyethylene Retail Carrier Bags from China, Indonesia, 
Malaysia, Taiwan, Thailand, and Vietnam; (Inv. Nos. 701-TA-462 and 
731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third 
Review)), 86 FR 58301 (October 21, 2021), see also Polyethylene 
Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, 
Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 
(Second Review) and 731-TA1043-1045 (Third Review), USITC Pub. 5233 
(October 2021).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by the Orders is PRCBs, which 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 
but not longer than 40 inches (101.6 cm).
    PRCBs are typically provided without any consumer packaging and 
free of charge by retail establishments, e.g., grocery, drug, 
convenience, department, specialty retail, discount stores, and 
restaurants, to their customers to package and carry their purchased 
products. The scope of the orders excludes (1) polyethylene bags that 
are not printed with logos or store names and that are closeable with 
drawstrings made of polyethylene film and (2) polyethylene bags that 
are packed in consumer packaging with printing that refers to specific 
end-uses other than packaging and carrying merchandise from retail 
establishments, e.g., garbage bags, lawn bags, trash-can liners.
    As a result of changes to the Harmonized Tariff Schedule of the 
United States (HTSUS), imports of the subject merchandise are currently 
classifiable under statistical category 3923.21.0085 of the HTSUS. 
Furthermore, although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the scope of the 
Orders is dispositive.\6\
---------------------------------------------------------------------------

    \6\ See Orders.
---------------------------------------------------------------------------

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation 
of the Orders. U.S. Customs and Border Protection will continue to 
collect AD and CVD cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of the continuation of these Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year (sunset) 
reviews of these Orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: October 21, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-23375 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P