Polyethylene Retail Carrier Bags From Malaysia: Final Results of the Antidumping Duty Administrative Review; 2021-2022, 11813-11814 [2024-03142]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11813-11814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03142]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Final Results of 
the Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
polyethylene retail carrier bags from Malaysia were sold in the United 
States at less than normal value during the period of review (POR), 
August 1, 2021, through July 31, 2022.

DATES: Applicable February 15, 2024.

FOR FURTHER INFORMATION CONTACT: Katherine Sliney, 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) 482-2437.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2023, Commerce published the Preliminary Results of 
this administrative review and invited parties to comment on those 
results.\1\ The review covers one mandatory respondent, Euro SME Sdn. 
Bhd. and Euro Nature Green Sdn. Bhd. (Nature Green) (collectively, Euro 
SME). For a summary of the events that occurred since the Preliminary 
Results, as well as a full discussion of the issues raised by parties 
for these final results, see the Issues and Decision Memorandum.\2\ On 
January 3, 2024, we extended the deadline for these final results to 
February 6, 2024.\3\ Commerce conducted this administrative review in 
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act).
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    \1\ See Polyethylene Retail Carrier Bags from Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 62064 (September 8, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Polyethylene Retail Carrier Bags from Malaysia; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
    \3\ See Memorandum, ``Polyethylene Retail Carrier Bags from 
Malaysia: Extension of Deadline for Final Results of Antidumping 
Duty Administrative Review,'' dated January 3, 2024.
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Scope of the Order

    The merchandise covered by this order is polyethylene retail 
carrier bags) 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 Issues and Decision Memorandum.

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached as the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is available electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, a review of the record, and for the reasons explained in the 
Issues and Decision Memorandum, we made certain changes to the margin 
calculation for Euro SME.\4\ For a detailed discussion of these 
changes, see the Issues and Decision Memorandum.
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    \4\ In the 2018-2019 administrative review of the order, we 
treated Euro SME Sdn. Bhd. and Nature Green as a single entity. Our 
treatment of Euro SME Sdn. Bhd. and Nature Green remains unchanged 
in the instant review. See Polyethylene Retail Carrier Bags from 
Malaysia: Preliminary Results of Antidumping Duty Administrative 
Review; 2018-2019, 85 FR 83515 (December 22, 2020), and accompanying 
Preliminary Decision Memorandum at 3-5, unchanged in Polyethylene 
Retail Carrier Bags from Malaysia: Final Results of Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 22019 (April 26, 2021); see 
also Polyethylene Retail Carrier Bags from Malaysia: Final Results 
of Antidumping Duty Administrative Review; 2019-2020, 87 FR 12933 
(March 8, 2022).
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period August 1, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.........        1.61
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed for these final results in this review within five days of 
the date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), where 
the respondent reported the entered value of its U.S. sales, we 
calculated importer-specific antidumping duty assessment rates by 
aggregating the total amount of dumping calculated for the examined 
sales of each importer and dividing each of these amounts by the total 
entered value associated with those sales. Where the respondent did not 
report entered value, we calculated a per-unit assessment rate for each 
importer by dividing the total

[[Page 11814]]

amount of dumping calculated for the examined sales made to that 
importer by the total quantity associated with those sales. To 
determine whether an importer-specific, per-unit assessment rate is de 
minimis, in accordance with 19 CFR 351.106(c)(2), we also calculated an 
importer-specific ad valorem ratio based on estimated entered values. 
Where either the 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 assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Euro SME for which it 
did not know that the merchandise it sold to an 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 rate for the intermediate 
company(ies) involved in the transaction.\5\
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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).

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 the final results 
of this administrative review, as provided by section 751(a)(2)(C) of 
the Act: (1) the cash deposit rate for Euro SME will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for merchandise exported by producers 
or exporters not covered in this review but covered in a prior 
completed 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 investigation, but the 
producer has been covered in a prior complete segment of this 
proceeding, then the cash deposit rate will be the rate established for 
the most recent period for the producer of the merchandise; (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 
less-than-fair-value investigation.\6\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \6\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from Malaysia, 69 FR 48203 (August 9, 2004).
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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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
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/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 these final results in accordance 
with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: February 6, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Commerce Should Use the Most Recent Quarterly Cost 
File
    Comment 2: Commerce Should Correctly Apply the Cap for Freight 
Revenue Expenses
VI. Recommendation

[FR Doc. 2024-03142 Filed 2-14-24; 8:45 am]
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