80_FR_17552 80 FR 17490 - Polyethylene Retail Carrier Bags From China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam; Institution of Five-Year Reviews

80 FR 17490 - Polyethylene Retail Carrier Bags From China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam; Institution of Five-Year Reviews

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 62 (April 1, 2015)

Page Range17490-17492
FR Document2015-06936

The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the countervailing duty order on polyethylene retail carrier bags from Vietnam and the antidumping duty orders on polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is May 1, 2015. Comments on the adequacy of responses may be filed with the Commission by June 15, 2015. For further information concerning the conduct of this proceeding and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 62 (Wednesday, April 1, 2015)
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17490-17492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06936]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-462 and 731-TA-1156-1158 (First Review) and 
731-TA-1043-1045 (Second Review)]


Polyethylene Retail Carrier Bags From China, Indonesia, Malaysia, 
Taiwan, Thailand, and Vietnam; Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the 
countervailing duty order on polyethylene retail carrier bags from 
Vietnam and the antidumping duty orders on polyethylene retail carrier 
bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam 
would be likely to lead to continuation or recurrence of material 
injury. Pursuant to section 751(c)(2) of the Act, interested parties 
are requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of consideration, 
the deadline for responses is May 1, 2015. Comments on the adequacy of 
responses may be filed with the Commission by June 15, 2015. For 
further information concerning the conduct of this proceeding and rules 
of general application, consult the Commission's Rules of Practice and 
Procedure, part 201, subparts A through E (19 CFR part 201), and part 
207, subparts A, D, E, and F (19 CFR part 207).
---------------------------------------------------------------------------

    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 15-5-330, 
expiration date June 30, 2017. Public reporting burden for the 
request is estimated to average 15 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436.

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DATES: Effective Date: April 1, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background--On May 4, 2010, the Department 
of Commerce issued a countervailing duty order on imports of 
polyethylene retail carrier bags from Vietnam (75 FR 23670) and 
antidumping duty orders on imports of polyethylene retail carrier bags 
from Indonesia, Taiwan, and Vietnam (75 FR 23667). On August 9, 2004, 
the Department of Commerce issued antidumping duty orders on imports of 
polyethylene retail carrier bags from China, Malaysia, and Thailand (69 
FR 48201, 48203, and 48204). Following first five-year reviews by 
Commerce and the Commission, effective July 7, 2010, Commerce issued a 
continuation of the antidumping duty orders on imports of polyethylene 
retail carrier bags from China, Malaysia, and Thailand (75 FR 38978). 
The Commission is now conducting first five-year reviews of the orders 
concerning Indonesia, Taiwan, and Vietnam and second five-year reviews 
of the orders concerning China, Malaysia, and Thailand to determine 
whether revocation of the orders would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. \2\ It will assess the adequacy 
of interested party responses to this notice of institution to 
determine whether to conduct full or expedited reviews. The 
Commission's determinations in any expedited reviews will be based on 
the facts available, which may include information provided in response 
to this notice.
---------------------------------------------------------------------------

    \2\ With respect to the orders on polyethylene retail carrier 
bags from China, Malaysia, and Thailand, Commerce published 
notification concerning the advancement of the initiation date of 
these five-year reviews from June 1, 2015 to April 1, 2015, upon 
determining that the initiation of the reviews for all of the orders 
concerning polyethylene retail carrier bags on the same date would 
promote administrative efficiency. Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Advance 
Notification of Sunset Reviews, 80 FR 11171, March 2, 2015.
---------------------------------------------------------------------------

    Definitions--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are China, Indonesia, 
Malaysia, Taiwan, Thailand, and Vietnam.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations concerning Indonesia, Taiwan, and Vietnam, and in its 
original determinations and its full first five-year review 
determinations concerning China, Malaysia, and Thailand, the Commission 
found one Domestic Like Product consisting of the continuum of 
polyethylene retail carrier bags, consistent with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations 
concerning Indonesia, Taiwan, and Vietnam, and in its original 
determinations and its full first five-year review determinations 
concerning China, Malaysia, and Thailand, the Commission found a single 
Domestic Industry consisting of all U.S. producers of polyethylene 
retail carrier bags.

[[Page 17491]]

    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list--Pursuant 
to section 207.7(a) of the Commission's rules, the Secretary will make 
BPI submitted in this proceeding available to authorized applicants 
under the APO issued in the proceeding, provided that the application 
is made no later than 21 days after publication of this notice in the 
Federal Register. Authorized applicants must represent interested 
parties, as defined in 19 U.S.C. 1677(9), who are parties to the 
proceeding. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Certification--Pursuant to section 207.3 of the Commission's rules, 
any person submitting information to the Commission in connection with 
this proceeding must certify that the information is accurate and 
complete to the best of the submitter's knowledge. In making the 
certification, the submitter will be deemed to consent, unless 
otherwise specified, for the Commission, its employees, and contract 
personnel to use the information provided in any other reviews or 
investigations of the same or comparable products which the Commission 
conducts under Title VII of the Act, or in internal audits and 
investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions--Pursuant to section 207.61 of the Commission's 
rules, each interested party response to this notice must provide the 
information specified below. The deadline for filing such responses is 
May 1, 2015. Pursuant to section 207.62(b) of the Commission's rules, 
eligible parties (as specified in Commission rule 207.62(b)(1)) may 
also file comments concerning the adequacy of responses to the notice 
of institution and whether the Commission should conduct expedited or 
full reviews. The deadline for filing such comments is June 15, 2015. 
All written submissions must conform with the provisions of sections 
201.8 and 207.3 of the Commission's rules and any submissions that 
contain BPI must also conform with the requirements of sections 201.6 
and 207.7 of the Commission's rules. Please be aware that the 
Commission's rules with respect to filing have changed. The most recent 
amendments took effect on July 25, 2014. See 79 FR 35920 (June 25, 
2014), and the revised Commission Handbook on E-filing, available from 
the Commission's Web site at http://edis.usitc.gov. Also, in accordance 
with sections 201.16(c) and 207.3 of the Commission's rules, each 
document filed by a party to the proceeding must be served on all other 
parties to the proceeding (as identified by either the public or APO 
service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the proceeding you do 
not need to serve your response).
    Inability to provide requested information--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information to be Provided In Response to This Notice Of 
Institution--If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping and countervailing duty orders on the Domestic Industry in 
general and/or your firm/entity specifically. In your response, please 
discuss the various factors specified in section 752(a) of the Act (19 
U.S.C. 1675a(a)) including the likely volume of subject imports, likely 
price effects of subject imports, and likely impact of imports of 
Subject Merchandise on the Domestic Industry.

[[Page 17492]]

    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2008.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2014, except as noted (report quantity 
data in number of bags and value data in U.S. dollars, f.o.b. plant). 
If you are a union/worker group or trade/business association, provide 
the information, on an aggregate basis, for the firms in which your 
workers are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2014 (report quantity data in number of 
bags and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2014 (report quantity 
data in number of bags and value data in U.S. dollars, landed and duty-
paid at the U.S. port but not including antidumping or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2008, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of 
Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: March 23, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-06936 Filed 3-31-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                  17490                         Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices

                                                  Indian Reservation, Arizona; Fort                       specified below to the Commission; 1 to                  and Vietnam and second five-year
                                                  McDowell Yavapai Nation, Arizona;                       be assured of consideration, the                         reviews of the orders concerning China,
                                                  Gila River Indian Community of the Gila                 deadline for responses is May 1, 2015.                   Malaysia, and Thailand to determine
                                                  River Indian Reservation, Arizona; Hopi                 Comments on the adequacy of responses                    whether revocation of the orders would
                                                  Tribe of Arizona; Salt River Pima-                      may be filed with the Commission by                      be likely to lead to continuation or
                                                  Maricopa Indian Community of the Salt                   June 15, 2015. For further information                   recurrence of material injury to the
                                                  River Reservation, Arizona; Tohono                      concerning the conduct of this                           domestic industry within a reasonably
                                                  O’odham Nation of Arizona; Yavapai-                     proceeding and rules of general                          foreseeable time. 2 It will assess the
                                                  Prescott Indian Tribe (previously listed                application, consult the Commission’s                    adequacy of interested party responses
                                                  as the Yavapai-Prescott Tribe of the                    Rules of Practice and Procedure, part                    to this notice of institution to determine
                                                  Yavapai Reservation, Arizona); and                      201, subparts A through E (19 CFR part                   whether to conduct full or expedited
                                                  Zuni Tribe of the Zuni Reservation, New                 201), and part 207, subparts A, D, E, and                reviews. The Commission’s
                                                  Mexico, may proceed.                                    F (19 CFR part 207).                                     determinations in any expedited
                                                    The Arizona State Museum is                           DATES: Effective Date: April 1, 2015.                    reviews will be based on the facts
                                                  responsible for notifying the Ak Chin                   FOR FURTHER INFORMATION CONTACT:                         available, which may include
                                                  Indian Community of the Maricopa (Ak                    Mary Messer (202–205–3193), Office of                    information provided in response to this
                                                  Chin) Indian Reservation, Arizona; Fort                 Investigations, U.S. International Trade                 notice.
                                                  McDowell Yavapai Nation, Arizona;                       Commission, 500 E Street SW.,                              Definitions—The following
                                                  Gila River Indian Community of the Gila                 Washington, DC 20436. Hearing-                           definitions apply to these reviews:
                                                  River Indian Reservation, Arizona; Hopi                 impaired persons can obtain                                (1) Subject Merchandise is the class or
                                                  Tribe of Arizona; Salt River Pima-                      information on this matter by contacting                 kind of merchandise that is within the
                                                  Maricopa Indian Community of the Salt                   the Commission’s TDD terminal on 202–                    scope of the five-year reviews, as
                                                  River Reservation, Arizona; Tohono                      205–1810. Persons with mobility                          defined by the Department of
                                                  O’odham Nation of Arizona; Yavapai-                     impairments who will need special                        Commerce.
                                                  Prescott Indian Tribe (previously listed                assistance in gaining access to the                        (2) The Subject Countries in these
                                                  as the Yavapai-Prescott Tribe of the                    Commission should contact the Office                     reviews are China, Indonesia, Malaysia,
                                                  Yavapai Reservation, Arizona); and                      of the Secretary at 202–205–2000.                        Taiwan, Thailand, and Vietnam.
                                                  Zuni Tribe of the Zuni Reservation, New                 General information concerning the                         (3) The Domestic Like Product is the
                                                  Mexico, that this notice has been                       Commission may also be obtained by                       domestically produced product or
                                                  published.                                              accessing its Internet server (http://                   products which are like, or in the
                                                   Dated: February 17, 2015.                              www.usitc.gov). The public record for                    absence of like, most similar in
                                                  Melanie O’Brien,                                        this proceeding may be viewed on the                     characteristics and uses with, the
                                                  Acting Manager, National NAGPRA Program.                Commission’s electronic docket (EDIS)                    Subject Merchandise. In its original
                                                  [FR Doc. 2015–07398 Filed 3–31–15; 8:45 am]
                                                                                                          at http://edis.usitc.gov.                                determinations concerning Indonesia,
                                                  BILLING CODE 4312–50–P
                                                                                                          SUPPLEMENTARY INFORMATION:                               Taiwan, and Vietnam, and in its original
                                                                                                          Background—On May 4, 2010, the                           determinations and its full first five-year
                                                                                                          Department of Commerce issued a                          review determinations concerning
                                                                                                          countervailing duty order on imports of                  China, Malaysia, and Thailand, the
                                                  INTERNATIONAL TRADE
                                                                                                          polyethylene retail carrier bags from                    Commission found one Domestic Like
                                                  COMMISSION
                                                                                                          Vietnam (75 FR 23670) and                                Product consisting of the continuum of
                                                  [Investigation Nos. 701–TA–462 and 731–                 antidumping duty orders on imports of                    polyethylene retail carrier bags,
                                                  TA–1156–1158 (First Review) and 731–TA–                 polyethylene retail carrier bags from                    consistent with Commerce’s scope.
                                                  1043–1045 (Second Review)]                              Indonesia, Taiwan, and Vietnam (75 FR                      (4) The Domestic Industry is the U.S.
                                                                                                          23667). On August 9, 2004, the                           producers as a whole of the Domestic
                                                  Polyethylene Retail Carrier Bags From
                                                                                                          Department of Commerce issued                            Like Product, or those producers whose
                                                  China, Indonesia, Malaysia, Taiwan,
                                                                                                          antidumping duty orders on imports of                    collective output of the Domestic Like
                                                  Thailand, and Vietnam; Institution of
                                                                                                          polyethylene retail carrier bags from                    Product constitutes a major proportion
                                                  Five-Year Reviews
                                                                                                          China, Malaysia, and Thailand (69 FR                     of the total domestic production of the
                                                  AGENCY: United States International                     48201, 48203, and 48204). Following                      product. In its original determinations
                                                  Trade Commission.                                       first five-year reviews by Commerce and                  concerning Indonesia, Taiwan, and
                                                  ACTION: Notice.                                         the Commission, effective July 7, 2010,                  Vietnam, and in its original
                                                                                                          Commerce issued a continuation of the                    determinations and its full first five-year
                                                  SUMMARY:   The Commission hereby gives                  antidumping duty orders on imports of                    review determinations concerning
                                                  notice that it has instituted reviews                   polyethylene retail carrier bags from                    China, Malaysia, and Thailand, the
                                                  pursuant to section 751(c) of the Tariff                China, Malaysia, and Thailand (75 FR                     Commission found a single Domestic
                                                  Act of 1930 (19 U.S.C. 1675(c)) (the Act)               38978). The Commission is now                            Industry consisting of all U.S. producers
                                                  to determine whether revocation of the                  conducting first five-year reviews of the                of polyethylene retail carrier bags.
                                                  countervailing duty order on                            orders concerning Indonesia, Taiwan,
                                                  polyethylene retail carrier bags from                                                                              2 With respect to the orders on polyethylene retail

                                                  Vietnam and the antidumping duty                          1 No response to this request for information is       carrier bags from China, Malaysia, and Thailand,
                                                                                                          required if a currently valid Office of Management       Commerce published notification concerning the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  orders on polyethylene retail carrier
                                                                                                          and Budget (OMB) number is not displayed; the            advancement of the initiation date of these five-year
                                                  bags from China, Indonesia, Malaysia,                   OMB number is 3117–0016/USITC No. 15–5–330,              reviews from June 1, 2015 to April 1, 2015, upon
                                                  Taiwan, Thailand, and Vietnam would                     expiration date June 30, 2017. Public reporting          determining that the initiation of the reviews for all
                                                  be likely to lead to continuation or                    burden for the request is estimated to average 15        of the orders concerning polyethylene retail carrier
                                                  recurrence of material injury. Pursuant                 hours per response. Please send comments                 bags on the same date would promote
                                                                                                          regarding the accuracy of this burden estimate to        administrative efficiency. Antidumping or
                                                  to section 751(c)(2) of the Act, interested             the Office of Investigations, U.S. International Trade   Countervailing Duty Order, Finding, or Suspended
                                                  parties are requested to respond to this                Commission, 500 E Street SW., Washington, DC             Investigation; Advance Notification of Sunset
                                                  notice by submitting the information                    20436.                                                   Reviews, 80 FR 11171, March 2, 2015.



                                             VerDate Sep<11>2014   18:37 Mar 31, 2015   Jkt 235001   PO 00000   Frm 00105   Fmt 4703   Sfmt 4703   E:\FR\FM\01APN1.SGM     01APN1


                                                                                Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices                                            17491

                                                     (5) An Importer is any person or firm                applicants must represent interested                  207.61(c) of the Commission’s rules, any
                                                  engaged, either directly or through a                   parties, as defined in 19 U.S.C. 1677(9),             interested party that cannot furnish the
                                                  parent company or subsidiary, in                        who are parties to the proceeding. A                  information requested by this notice in
                                                  importing the Subject Merchandise into                  separate service list will be maintained              the requested form and manner shall
                                                  the United States from a foreign                        by the Secretary for those parties                    notify the Commission at the earliest
                                                  manufacturer or through its selling                     authorized to receive BPI under the                   possible time, provide a full explanation
                                                  agent.                                                  APO.                                                  of why it cannot provide the requested
                                                     Participation in the proceeding and                     Certification—Pursuant to section                  information, and indicate alternative
                                                  public service list—Persons, including                  207.3 of the Commission’s rules, any                  forms in which it can provide
                                                  industrial users of the Subject                         person submitting information to the                  equivalent information. If an interested
                                                  Merchandise and, if the merchandise is                  Commission in connection with this                    party does not provide this notification
                                                  sold at the retail level, representative                proceeding must certify that the                      (or the Commission finds the
                                                  consumer organizations, wishing to                      information is accurate and complete to               explanation provided in the notification
                                                  participate in the proceeding as parties                the best of the submitter’s knowledge. In             inadequate) and fails to provide a
                                                  must file an entry of appearance with                   making the certification, the submitter               complete response to this notice, the
                                                  the Secretary to the Commission, as                     will be deemed to consent, unless                     Commission may take an adverse
                                                  provided in section 201.11(b)(4) of the                 otherwise specified, for the                          inference against the party pursuant to
                                                  Commission’s rules, no later than 21                    Commission, its employees, and                        section 776(b) of the Act (19 U.S.C.
                                                  days after publication of this notice in                contract personnel to use the                         1677e(b)) in making its determinations
                                                  the Federal Register. The Secretary will                information provided in any other                     in the reviews.
                                                  maintain a public service list containing               reviews or investigations of the same or                 Information to be Provided In
                                                  the names and addresses of all persons,                 comparable products which the                         Response to This Notice Of Institution—
                                                  or their representatives, who are parties               Commission conducts under Title VII of                If you are a domestic producer, union/
                                                  to the proceeding.                                      the Act, or in internal audits and                    worker group, or trade/business
                                                     Former Commission employees who                      investigations relating to the programs               association; import/export Subject
                                                  are seeking to appear in Commission                     and operations of the Commission                      Merchandise from more than one
                                                  five-year reviews are advised that they                 pursuant to 5 U.S.C. Appendix 3.                      Subject Country; or produce Subject
                                                  may appear in a review even if they                        Written submissions—Pursuant to                    Merchandise in more than one Subject
                                                  participated personally and                             section 207.61 of the Commission’s                    Country, you may file a single response.
                                                  substantially in the corresponding                      rules, each interested party response to              If you do so, please ensure that your
                                                  underlying original investigation or an                 this notice must provide the information              response to each question includes the
                                                  earlier review of the same underlying                   specified below. The deadline for filing              information requested for each pertinent
                                                  investigation. The Commission’s                         such responses is May 1, 2015. Pursuant               Subject Country. As used below, the
                                                  designated agency ethics official has                   to section 207.62(b) of the Commission’s              term ‘‘firm’’ includes any related firms.
                                                  advised that a five-year review is not the              rules, eligible parties (as specified in                 (1) The name and address of your firm
                                                  same particular matter as the underlying                Commission rule 207.62(b)(1)) may also                or entity (including World Wide Web
                                                  original investigation, and a five-year                 file comments concerning the adequacy                 address) and name, telephone number,
                                                  review is not the same particular matter                of responses to the notice of institution             fax number, and Email address of the
                                                  as an earlier review of the same                        and whether the Commission should                     certifying official.
                                                  underlying investigation for purposes of                conduct expedited or full reviews. The                   (2) A statement indicating whether
                                                  18 U.S.C. 207, the post employment                      deadline for filing such comments is                  your firm/entity is a U.S. producer of
                                                  statute for Federal employees, and                      June 15, 2015. All written submissions                the Domestic Like Product, a U.S. union
                                                  Commission rule 201.15(b) (19 CFR                       must conform with the provisions of                   or worker group, a U.S. importer of the
                                                  201.15(b)), 79 FR 3246 (Jan. 17, 2014),                 sections 201.8 and 207.3 of the                       Subject Merchandise, a foreign producer
                                                  73 FR 24609 (May 5, 2008).                              Commission’s rules and any                            or exporter of the Subject Merchandise,
                                                  Consequently, former employees are not                  submissions that contain BPI must also                a U.S. or foreign trade or business
                                                  required to seek Commission approval                    conform with the requirements of                      association, or another interested party
                                                  to appear in a review under Commission                  sections 201.6 and 207.7 of the                       (including an explanation). If you are a
                                                  rule 19 CFR 201.15, even if the                         Commission’s rules. Please be aware                   union/worker group or trade/business
                                                  corresponding underlying original                       that the Commission’s rules with                      association, identify the firms in which
                                                  investigation or an earlier review of the               respect to filing have changed. The most              your workers are employed or which are
                                                  same underlying investigation was                       recent amendments took effect on July                 members of your association.
                                                  pending when they were Commission                       25, 2014. See 79 FR 35920 (June 25,                      (3) A statement indicating whether
                                                  employees. For further ethics advice on                 2014), and the revised Commission                     your firm/entity is willing to participate
                                                  this matter, contact Carol McCue                        Handbook on E-filing, available from the              in this proceeding by providing
                                                  Verratti, Deputy Agency Ethics Official,                Commission’s Web site at http://                      information requested by the
                                                  at 202–205–3088.                                        edis.usitc.gov. Also, in accordance with              Commission.
                                                     Limited disclosure of business                       sections 201.16(c) and 207.3 of the                      (4) A statement of the likely effects of
                                                  proprietary information (BPI) under an                  Commission’s rules, each document                     the revocation of the antidumping and
                                                  administrative protective order (APO)                   filed by a party to the proceeding must               countervailing duty orders on the
                                                  and APO service list—Pursuant to                        be served on all other parties to the                 Domestic Industry in general and/or
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                                                  section 207.7(a) of the Commission’s                    proceeding (as identified by either the               your firm/entity specifically. In your
                                                  rules, the Secretary will make BPI                      public or APO service list as                         response, please discuss the various
                                                  submitted in this proceeding available                  appropriate), and a certificate of service            factors specified in section 752(a) of the
                                                  to authorized applicants under the APO                  must accompany the document (if you                   Act (19 U.S.C. 1675a(a)) including the
                                                  issued in the proceeding, provided that                 are not a party to the proceeding you do              likely volume of subject imports, likely
                                                  the application is made no later than 21                not need to serve your response).                     price effects of subject imports, and
                                                  days after publication of this notice in                   Inability to provide requested                     likely impact of imports of Subject
                                                  the Federal Register. Authorized                        information—Pursuant to section                       Merchandise on the Domestic Industry.


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                                                  17492                         Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices

                                                     (5) A list of all known and currently                income of the Domestic Like Product                   per week/weeks per year), time for
                                                  operating U.S. producers of the                         produced in your U.S. plant(s) (include               downtime, maintenance, repair, and
                                                  Domestic Like Product. Identify any                     both U.S. and export commercial sales,                cleanup, and a typical or representative
                                                  known related parties and the nature of                 internal consumption, and company                     product mix); and
                                                  the relationship as defined in section                  transfers) for your most recently
                                                                                                                                                                   (c) the quantity and value of your
                                                  771(4)(B) of the Act (19 U.S.C.                         completed fiscal year (identify the date
                                                                                                                                                                firm’s(s’) exports to the United States of
                                                  1677(4)(B)).                                            on which your fiscal year ends).
                                                     (6) A list of all known and currently                   (10) If you are a U.S. importer or a               Subject Merchandise and, if known, an
                                                  operating U.S. importers of the Subject                 trade/business association of U.S.                    estimate of the percentage of total
                                                  Merchandise and producers of the                        importers of the Subject Merchandise                  exports to the United States of Subject
                                                  Subject Merchandise in each Subject                     from any Subject Country, provide the                 Merchandise from each Subject Country
                                                  Country that currently export or have                   following information on your firm’s(s’)              accounted for by your firm’s(s’) exports.
                                                  exported Subject Merchandise to the                     operations on that product during                        (12) Identify significant changes, if
                                                  United States or other countries after                  calendar year 2014 (report quantity data              any, in the supply and demand
                                                  2008.                                                   in number of bags and value data in U.S.              conditions or business cycle for the
                                                     (7) A list of 3–5 leading purchasers in              dollars). If you are a trade/business                 Domestic Like Product that have
                                                  the U.S. market for the Domestic Like                   association, provide the information, on              occurred in the United States or in the
                                                  Product and the Subject Merchandise                     an aggregate basis, for the firms which               market for the Subject Merchandise in
                                                  (including street address, World Wide                   are members of your association.
                                                                                                             (a) The quantity and value (landed,                each Subject Country after 2008, and
                                                  Web address, and the name, telephone
                                                                                                          duty-paid but not including                           significant changes, if any, that are
                                                  number, fax number, and Email address
                                                  of a responsible official at each firm).                antidumping or countervailing duties)                 likely to occur within a reasonably
                                                     (8) A list of known sources of                       of U.S. imports and, if known, an                     foreseeable time. Supply conditions to
                                                  information on national or regional                     estimate of the percentage of total U.S.              consider include technology;
                                                  prices for the Domestic Like Product or                 imports of Subject Merchandise from                   production methods; development
                                                  the Subject Merchandise in the U.S. or                  each Subject Country accounted for by                 efforts; ability to increase production
                                                  other markets.                                          your firm’s(s’) imports;                              (including the shift of production
                                                     (9) If you are a U.S. producer of the                   (b) the quantity and value (f.o.b. U.S.            facilities used for other products and the
                                                  Domestic Like Product, provide the                      port, including antidumping and/or                    use, cost, or availability of major inputs
                                                  following information on your firm’s                    countervailing duties) of U.S.                        into production); and factors related to
                                                  operations on that product during                       commercial shipments of Subject                       the ability to shift supply among
                                                  calendar year 2014, except as noted                     Merchandise imported from each                        different national markets (including
                                                  (report quantity data in number of bags                 Subject Country; and                                  barriers to importation in foreign
                                                  and value data in U.S. dollars, f.o.b.                     (c) the quantity and value (f.o.b. U.S.            markets or changes in market demand
                                                  plant). If you are a union/worker group                 port, including antidumping and/or                    abroad). Demand conditions to consider
                                                  or trade/business association, provide                  countervailing duties) of U.S. internal               include end uses and applications; the
                                                  the information, on an aggregate basis,                 consumption/company transfers of
                                                                                                                                                                existence and availability of substitute
                                                  for the firms in which your workers are                 Subject Merchandise imported from
                                                                                                                                                                products; and the level of competition
                                                  employed/which are members of your                      each Subject Country.
                                                                                                             (11) If you are a producer, an exporter,           among the Domestic Like Product
                                                  association.                                                                                                  produced in the United States, Subject
                                                     (a) Production (quantity) and, if                    or a trade/business association of
                                                  known, an estimate of the percentage of                 producers or exporters of the Subject                 Merchandise produced in each Subject
                                                  total U.S. production of the Domestic                   Merchandise in any Subject Country,                   Country, and such merchandise from
                                                  Like Product accounted for by your                      provide the following information on                  other countries.
                                                  firm’s(s’) production;                                  your firm’s(s’) operations on that                       (13) (Optional) A statement of
                                                     (b) Capacity (quantity) of your firm to              product during calendar year 2014                     whether you agree with the above
                                                  produce the Domestic Like Product (i.e.,                (report quantity data in number of bags               definitions of the Domestic Like Product
                                                  the level of production that your                       and value data in U.S. dollars, landed                and Domestic Industry; if you disagree
                                                  establishment(s) could reasonably have                  and duty-paid at the U.S. port but not                with either or both of these definitions,
                                                  expected to attain during the year,                     including antidumping or                              please explain why and provide
                                                  assuming normal operating conditions                    countervailing duties). If you are a                  alternative definitions.
                                                  (using equipment and machinery in                       trade/business association, provide the
                                                  place and ready to operate), normal                     information, on an aggregate basis, for                 Authority: This proceeding is being
                                                  operating levels (hours per week/weeks                  the firms which are members of your                   conducted under authority of Title VII of the
                                                  per year), time for downtime,                           association.                                          Tariff Act of 1930; this notice is published
                                                  maintenance, repair, and cleanup, and a                    (a) Production (quantity) and, if                  pursuant to section 207.61 of the
                                                                                                          known, an estimate of the percentage of               Commission’s rules.
                                                  typical or representative product mix);
                                                     (c) the quantity and value of U.S.                   total production of Subject Merchandise                 By order of the Commission.
                                                  commercial shipments of the Domestic                    in each Subject Country accounted for                   Issued: March 23, 2015.
                                                  Like Product produced in your U.S.                      by your firm’s(s’) production;
                                                                                                                                                                William R. Bishop,
                                                  plant(s);                                                  (b) Capacity (quantity) of your firm(s)
                                                                                                                                                                Supervisory Hearings and Information
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                                                     (d) the quantity and value of U.S.                   to produce the Subject Merchandise in
                                                  internal consumption/company                            each Subject Country (i.e., the level of              Officer.
                                                  transfers of the Domestic Like Product                  production that your establishment(s)                 [FR Doc. 2015–06936 Filed 3–31–15; 8:45 am]
                                                  produced in your U.S. plant(s); and                     could reasonably have expected to                     BILLING CODE 7020–02–P
                                                     (e) the value of (i) net sales, (ii) cost            attain during the year, assuming normal
                                                  of goods sold (COGS), (iii) gross profit,               operating conditions (using equipment
                                                  (iv) selling, general and administrative                and machinery in place and ready to
                                                  (SG&A) expenses, and (v) operating                      operate), normal operating levels (hours


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Document Created: 2015-12-18 11:04:00
Document Modified: 2015-12-18 11:04:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.
FR Citation80 FR 17490 

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