Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 74872-74873 [2024-20777]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74872-74873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20777]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Preliminary 
Results of Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that polyethylene retail carrier bags from Malaysia are not 
being sold in the United States at below normal value during the period 
of review (POR), August 1, 2022, through July 31, 2023. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable September 13, 2024.

FOR FURTHER INFORMATION CONTACT: Charles Doss, 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) 482-4474.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2004, Commerce published the antidumping duty order on 
polyethylene retail carrier bags from Malaysia.\1\ On August 2, 2023, 
we published in the Federal Register a notice of opportunity to request 
an administrative review of the Order.\2\ On October 18, 2023, pursuant 
to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), 
Commerce initiated an administrative review of the Order covering one 
entity.\3\ On April 12, 2024, Commerce extended the deadline for the 
preliminary results until August 30, 2024.\4\ On July 22, 2024, 
Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\5\ The deadline for the preliminary results is now 
September 6, 2024.
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    \1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from Malaysia, 69 FR 48203 (August 9, 2004) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 12, 
2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice. 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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Polyethylene Retail Carrier Bags from Malaysia; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this Order are polyethylene retail carrier 
bags. A full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margin exists for the 
period August 1, 2022, through July 31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.\7\.....        0.00
------------------------------------------------------------------------

Disclosure and Public Comment
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    \7\ In the 2018-2019 review, Commerce treated Euro SME Sdn. Bhd. 
and Euro Nature Green Sdn. Bhd. as a single entity (collectively, 
Euro SME). 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 Administrative 
Review; 2018-2019, 86 FR 22019 (April 26, 2021). Our treatment of 
Euro SME Sdn. Bhd. and Euro Nature Green Sdn. Bhd. remains unchanged 
in this review.
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    We intend to disclose the calculations used for these preliminary 
results to interested parties within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice.\8\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the date for filing case briefs.\9\ Interested parties who submit 
case briefs or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\10\
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    \8\ See 19 CFR 351.309(c)(1)(ii)
    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\11\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\12\
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Procedures.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\13\ Requests should contain

[[Page 74873]]

the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the case and rebuttal 
briefs. If a request for a hearing is made, we will inform parties of 
the scheduled date for the hearing at a time and location to be 
determined.\14\ Parties should confirm by telephone the date, time, and 
location of the hearing no fewer than two days before the scheduled 
date. Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5:00 p.m. Eastern Time on the due date.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(1), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable.\15\ 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).
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    \15\ See section 751(a)(2)(C) of the Act.
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    If the weighted-average dumping margin for Euro SME is above de 
minimis (i.e., 0.50 percent) in the final results of this review, we 
will calculate importer-specific ad valorem antidumping duty assessment 
rates based on the ratio of the total amount of dumping 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).\16\ If the respondent 
has not reported entered values, we will calculate a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total quantity associated with those sales. We will 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 above de minimis (i.e., 0.50 percent). 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, 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.\17\
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    \16\ In these preliminary 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 Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
    \17\ See 19 CFR 351.106(c)(2).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by the 
respondent for which it did not know that the merchandise was destined 
for the United States, we will instruct CBP to liquidate entries not 
reviewed at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\18\
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    \18\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of the administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results, as provided by section 751(a)(2) of 
the Act: (1) the cash deposit rate for Euro SME will be equal to the 
dumping margin established in the final results of this review, except 
if the ultimate rate is de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rates 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 (LTFV) 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 LTFV investigation of this proceeding.\19\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \19\ See Order, 69 FR at 48204.
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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)(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, and/or increase in the amount 
of antidumping duties by the amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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 Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2024-20777 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P