80 FR 22165 - Laminated Woven Sacks From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 76 (April 21, 2015)
International Trade Administration
Federal Register Volume 80, Issue 76 (April 21, 2015)
| Page Range | 22165-22167 | |
| FR Document | 2015-09229 |
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)] [Notices] [Pages 22165-22167] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09229] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-916] Laminated Woven Sacks From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On January 28, 2015, the Department of Commerce (the ``Department'') published the Preliminary Results \1\ of the 2013-2014 [[Page 22166]] administrative review of the antidumping duty order on laminated woven sacks (``sacks'') from the People's Republic of China (``PRC''). The period of review (``POR'') is August 1, 2013, through July 31, 2014. We gave interested parties an opportunity to comment on the Preliminary Results, but we received none. The final dumping margin for the PRC- wide entity is listed in the ``Final Results of Review'' section below. --------------------------------------------------------------------------- \1\ See Laminated Woven Sacks from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 4537 (January 28, 2015) (``Preliminary Results'') and accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- DATES: April 21, 2015. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905. SUPPLEMENTARY INFORMATION: Background We received no comments from interested parties on our Preliminary Results dated January 28, 2015. The Department conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (``the Act''). Scope of the Order The merchandise covered by the Order \2\ is laminated woven sacks. Laminated woven sacks are bags or sacks consisting of one or more plies of fabric consisting of woven polypropylene strip and/or woven polyethylene strip, regardless of the width of the strip; with or without an extrusion coating of polypropylene and/or polyethylene on one or both sides of the fabric; laminated by any method either to an exterior ply of plastic film such as biaxially-oriented polypropylene (``BOPP'') or to an exterior ply of paper that is suitable for high quality print graphics; \3\ printed with three colors or more in register; with or without lining; whether or not closed on one end; whether or not in roll form (including sheets, lay-flat tubing, and sleeves); with or without handles; with or without special closing features; not exceeding one kilogram in weight. Laminated woven sacks are typically used for retail packaging of consumer goods such as pet foods and bird seed. --------------------------------------------------------------------------- \2\ See Notice of Antidumping Duty Order: Laminated Woven Sacks from the People's Republic of China, 73 FR 45941 (August 7, 2008) (``Order''). \3\ ``Paper suitable for high quality print graphics,'' as used herein, means paper having an ISO brightness of 82 or higher and a Sheffield Smoothness of 250 or less. Coated free sheet is an example of a paper suitable for high quality print graphics. --------------------------------------------------------------------------- Effective July 1, 2007, laminated woven sacks are classifiable under Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks were previously classifiable under HTSUS subheading 6305.33.0020. If entered with plastic coating on both sides of the fabric consisting of woven polypropylene strip and/or woven polyethylene strip, laminated woven sacks may be classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If entered not closed on one end or in roll form (including sheets, lay-flat tubing, and sleeves), laminated woven sacks may be classifiable under other HTSUS subheadings including 3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or polyethylene strips making up the fabric measure more than 5 millimeters in width, laminated woven sacks may be classifiable under other HTSUS subheadings including 4601.99.0500, 4601.99.9000, and 4602.90.0000.\4\ Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. --------------------------------------------------------------------------- \4\ At the request of U.S. Customs and Border Protection (``CBP''), the Department added the USHTS subheading 6305.33.0040 to the ACE CRF for the antidumping duty order. See ``Memorandum to the File, from Irene Gorelik, Analyst, re: Addition of U.S. Harmonized Tariff Schedule (``USHTS'') Numbers to the Automated Commercial Enterprise (``ACE'') Case Reference File (``CRF''),'' dated September 24, 2014. --------------------------------------------------------------------------- Preliminary Results Upon initiation \5\ of the administrative review, we provided all companies \6\ initiated for review the opportunity to submit either a ``no shipment'' certification or the separate rate application or certification. None of the nine companies initiated for review submitted ``no shipment'' certifications. Furthermore, none of the nine companies under review submitted separate rate eligibility documentation. As a result, we preliminarily found that these nine companies are part of the PRC-wide entity.\7\ The rate previously established for the PRC-wide entity in this proceeding is 47.64 percent.\8\ --------------------------------------------------------------------------- \5\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation, in Part, 79 FR 58729 (September 30, 2014) (``Initiation Notice''). \6\ The nine companies are: Changle Baodu Plastic Co., Ltd., Shangdong Qikai Plastics Product Co., Ltd., Wenzhou Hotsun Plastics Co., Ltd., Zibo Aifudi Plastic Packaging Co., Ltd., Zibo Linzi Luitong Plastic Fabric Co., Ltd., Zibo Linzi Shuaiqiang Plastics Co., Ltd., Zibo Linzi Qitianli Plastic Fabric Co., Ltd., Zibo Linzi Worun Packing Product Co., Ltd., and Zibo Qigao Plastic Cement Co., Ltd. \7\ See Preliminary Results, 80 FR 4537-4538 and accompanying Preliminary Decision Memorandum. Pursuant to the Department's change in practice, the Department no longer considers the non-market economy entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). Under this practice, the non-market economy entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the entity, the entity is not under review and the entity's rate is not subject to change. \8\ See Implementation of Determinations under Section 129 of the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and Tube from the People's Republic of China, 77 FR 52683, 52688 (August 30, 2012). --------------------------------------------------------------------------- Final Results of Review The Department did not receive any comments from interested parties after issuing the Preliminary Results. Thus, because nothing has changed since the Preliminary Results with respect to the above-noted nine companies initiated for review, we continue to find them to be part of the PRC-wide entity, to which we are assigning the previously established rate of 47.64 percent for the period August 1, 2013, through July 31, 2014. Assessment The Department determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review, pursuant to 19 CFR 351.212(b). The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. For those companies subject to this review found to be part of the PRC-wide entity, the Department will instruct CBP to assess antidumping duties on entries of subject merchandise at the PRC-wide rate of 47.67 percent. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not noted above that have separate rates, the cash [[Page 22167]] deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 47.64 percent; and (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notifications 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 POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a final reminder to parties subject to the 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 the 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. We are issuing and publishing these results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: April 14, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-09229 Filed 4-20-15; 8:45 am] BILLING CODE 3510-DS-P
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failure to provide evidence that the and time of receipt by 5 p.m. ET on the deposit for entries of subject
subject merchandise was resold at a due date.9 merchandise by DMEGC. If the
profit. Because the non-bona fide sale The Department intends to issue the Department proceeds to a final
was the only reported sale of subject final results of this NSR, which will rescission of this new shipper review,
merchandise during the POR, and thus include the results of its analysis of the cash deposit rate will continue to be
there are no reviewable transactions on issues raised in any briefs received, no the PRC-wide rate for DMEGC because
this record, we are preliminarily later than 90 days after the date these the Department will not have
rescinding the instant administrative preliminary results of review are issued determined an individual margin of
review. See 19 CFR 351.213(d)(3). pursuant to section 751(a)(2)(B)(iv) of dumping for DMEGC. If the Department
Because much of the factual information the Tariff Act of 1930, as amended (the issues final results for this new shipper
used in our analysis of DMEGC’s sale ‘‘Act’’). review, the Department will instruct
involves business proprietary Assessment Rates CBP to collect cash deposits, effective
information, a full discussion of the upon the publication of the final results,
basis for our preliminary determination If the Department proceeds to a final at the rates established therein.
is set forth in the Memorandum to rescission of DMEGC’s NSR, the
Howard Smith, Acting Director, AD/ assessment rate to which DMEGC’s Notification to Importers
CVD Operations, Office IV, ‘‘Preliminary shipments will be subject will not be This notice also serves as a
Bona Fide Sales Analysis for Hengdian affected by this review. However, the preliminary reminder to importers of
Group DMEGC Magnetics Co., Ltd.,’’ Department initiated an administrative their responsibility under 19 CFR
dated April 7, 2015, which is on the review of the antidumping duty order 351.402(f)(2) to file a certificate
record of this proceeding. on solar cells from the PRC covering regarding the reimbursement of
numerous exporters, including DMEGC, antidumping duties prior to liquidation
Public Comment and the period December 1, 2013 of the relevant entries during this
Interested parties may submit case through November 30, 2014, which review period. Failure to comply with
briefs no later than 30 days after the encompasses the POR of this NSR.10 this requirement could result in the
date of publication of the preliminary Thus, if the Department proceeds to a Department’s presumption that
results of review.5 Rebuttals to case final rescission, we will instruct U.S. reimbursement of antidumping duties
briefs may be filed no later than five Customs and Border Protection (CBP) to occurred and the subsequent assessment
days after the briefs are filed. All continue to suspend entries during the of double antidumping duties.
rebuttal comments must be limited to period December 1, 2013 through We are issuing and publishing these
comments raised in the case briefs.6 November 30, 2014 of subject results in accordance with sections
Interested parties who wish to request merchandise exported by DMEGC until 751(a)(2)(B) and 777(i)(1) of the Act.
a hearing must submit a written request CBP receives instructions relating to the
administrative review of this order Dated: April 7, 2015.
to the Assistant Secretary for
covering the period December 1, 2013 Ronald K. Lorentzen,
Enforcement & Compliance, U.S.
Department of Commerce, within 30 through November 30, 2014. Acting Assistant Secretary for Enforcement
If the Department does not proceed to and Compliance.
days after the date of publication of this
notice.7 Requests should contain the a final rescission of this new shipper Appendix I
party’s name, address, and telephone review, pursuant to 19 CFR
351.212(b)(1), we will calculate List of Topics Discussed in the Preliminary
number, the number of participants, and Decision Memorandum
a list of the issues to be discussed. Oral importer-specific (or customer)
argument presentations will be limited assessment rates based on the final 1. Scope
to issues raised in the briefs. If a request results of this review. However, 2. Bona Fide Sales Analysis
for a hearing is made, the Department pursuant to the Department’s refinement [FR Doc. 2015–09206 Filed 4–20–15; 8:45 am]
intends to hold the hearing at the U.S. to its assessment practice in NME cases,
BILLING CODE 3510–DS–P
Department of Commerce, 14th Street for entries that were not reported in the
and Constitution Avenue NW., U.S. sales database submitted by
Washington, DC 20230, at a date and DMEGC, the Department will instruct DEPARTMENT OF COMMERCE
time to be determined.8 Parties should CBP to liquidate such entries at the
confirm by telephone the date, time, and PRC-wide rate.11 International Trade Administration
location of the hearing two days before Cash Deposit Requirements [A–570–916]
the scheduled date. Effective upon publication of the final
All submissions, with limited Laminated Woven Sacks From the
rescission or the final results of this
exceptions, must be filed electronically People’s Republic of China: Final
NSR, pursuant to section
using ACCESS. An electronically filed Results of Antidumping Duty
751(a)(2)(B)(iii) of the Act and 19 CFR
document must be received successfully Administrative Review; 2013–2014
351.214(e), the Department will instruct
in its entirety by the Department’s
CBP to discontinue the option of posting AGENCY: Enforcement and Compliance,
electronic records system, ACCESS, by
a bond or security in lieu of a cash International Trade Administration,
5 p.m. Eastern Time (‘‘ET’’) on the due
date. Documents excepted from the Commerce.
9 See Antidumping and Countervailing Duty
SUMMARY: On January 28, 2015, the
electronic submission requirements Proceedings: Electronic Filing Procedures;
must be filed manually (i.e., in paper Department of Commerce (the
Administrative Protective Order Procedures, 76 FR
tkelley on DSK3SPTVN1PROD with NOTICES
form) with the APO/Dockets Unit in 39263 (July 6, 2011). ‘‘Department’’) published the
Room 18022, and stamped with the date 10 See Initiation of Antidumping and Preliminary Results 1 of the 2013–2014
Countervailing Duty Administrative Reviews, 80 FR
6041, 6042 (February 4, 2015). 1 See Laminated Woven Sacks from the People’s
5 See 19 CFR 351.309(c). 11 For a full discussion of this practice, see Non- Republic of China: Preliminary Results of
6 See 19 CFR 351.309(d). Market Economy Antidumping Proceedings: Antidumping Duty Administrative Review; 2013–
7 See 19 CFR 351.310(c).
Assessment of Antidumping Duties, 76 FR 65694 2014, 80 FR 4537 (January 28, 2015) (‘‘Preliminary
8 See 19 CFR 351.310(d). (October 24, 2011). Continued
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![Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices 22167
deposit rate will continue to be the SUMMARY: The Department of Estimated Time per Response: 5
exporter-specific rate published for the Commerce, as part of its continuing minutes.
most recent period; (2) for all PRC effort to reduce paperwork and Estimated Total Annual Burden
exporters of subject merchandise which respondent burden, invites the general Hours: 25.
have not been found to be entitled to a public and other Federal agencies to Estimated Total Annual Cost to
separate rate, the cash deposit rate will take this opportunity to comment on Public: $0 in capital and recordkeeping/
be the PRC-wide rate of 47.64 percent; proposed and/or continuing information reporting costs.
and (3) for all non-PRC exporters of collections, as required by the
IV. Request for Comments
subject merchandise which have not Paperwork Reduction Act of 1995.
received their own rate, the cash deposit DATES: Written comments must be Comments are invited on: (a) Whether
rate will be the rate applicable to the submitted on or before June 22, 2015. the proposed collection of information
PRC exporters that supplied that non- ADDRESSES: Direct all written comments
is necessary for the proper performance
PRC exporter. These deposit to Jennifer Jessup, Departmental of the functions of the agency, including
requirements, when imposed, shall Paperwork Clearance Officer, whether the information shall have
remain in effect until further notice. Department of Commerce, Room 6616, practical utility; (b) the accuracy of the
14th and Constitution Avenue NW., agency’s estimate of the burden
Notifications (including hours and cost) of the
Washington, DC 20230 (or via the
This notice serves as a final reminder proposed collection of information; (c)
Internet at JJessup@doc.gov).
to importers of their responsibility ways to enhance the quality, utility, and
under 19 CFR 351.402(f)(2) to file a FOR FURTHER INFORMATION CONTACT:
clarity of the information to be
certificate regarding the reimbursement Requests for additional information or collected; and (d) ways to minimize the
of antidumping duties prior to copies of the information collection burden of the collection of information
liquidation of the relevant entries instrument and instructions should be on respondents, including through the
during this POR. Failure to comply with directed to Kay Metcalf, 301–817–4558 use of automated collection techniques
this requirement could result in the or kay.metcalf@noaa.gov; Scott or other forms of information
Department’s presumption that Rogerson, 301–817–4543 or technology.
reimbursement of antidumping duties scott.rogerson@noaa.gov; or Paul Comments submitted in response to
occurred and the subsequent assessment Seymour, 301–817–4521 or this notice will be summarized and/or
of doubled antidumping duties. paul.seymour@noaa.gov. included in the request for OMB
This notice also serves as a final SUPPLEMENTARY INFORMATION: approval of this information collection;
reminder to parties subject to the I. Abstract they also will become a matter of public
administrative protective order (‘‘APO’’) record.
of their responsibility concerning the This request is for an extension of a
currently approved information Dated: April 16, 2015.
disposition of proprietary information Sarah Brabson,
disclosed under APO in accordance collection. NOAA asks people who
operate ground receiving stations that NOAA PRA Clearance Officer.
with 19 CFR 351.305(a)(3). Timely
written notification of the destruction of receive data from NOAA satellites to [FR Doc. 2015–09173 Filed 4–20–15; 8:45 am]
APO materials or conversion to judicial complete a questionnaire about the BILLING CODE 3510–HR–P
protective order is hereby requested. types of data received, its use, the
Failure to comply with the regulations equipment involved, and similar
and the terms of an APO is a subjects. The data obtained are used by DEPARTMENT OF COMMERCE
sanctionable violation. NOAA for short-term operations and
long-term planning. Collection of this National Oceanic and Atmospheric
We are issuing and publishing these Administration
results and this notice in accordance data assists us in complying with the
with sections 751(a)(1) and 777(i) of the terms of our Memorandum of RIN 0648–XD906
Act. Understanding (MOU) with the World
Meteorological Organization: United Western Pacific Fishery Management
Dated: April 14, 2015. States Department of Commerce, Council; Public Meetings
Paul Piquado, National Oceanic and Atmospheric
Assistant Secretary for Enforcement and Administration (NOAA) on area of AGENCY: National Marine Fisheries
Compliance. common interest (2008). Service (NMFS), National Oceanic and
[FR Doc. 2015–09229 Filed 4–20–15; 8:45 am] Atmospheric Administration (NOAA),
BILLING CODE 3510–DS–P
II. Method of Collection Commerce.
The information is collected via an ACTION: Notice of public meetings.
online questionnaire.
DEPARTMENT OF COMMERCE SUMMARY: The Western Pacific Fishery
III. Data Management Council (Council) will
National Oceanic and Atmospheric OMB Control Number: 0648–0227. convene a meeting of the Risk of
Administration Form Number: None. Overfishing (denoted by P*) Working
Type of Review: Regular submission Group (P* WG) for the Main Hawaiian
Proposed Information Collection; (extension of a currently approved Island Deep 7 Bottomfish Fishery. The
Comment Request; NOAA Satellite information collection). P* WG will review the P* dimensions
Ground Station Customer
tkelley on DSK3SPTVN1PROD with NOTICES
Affected Public: Not-for-profit and criteria, provide new scores (as
Questionnaire institutions; business or other for-profit appropriate), and recommend an
AGENCY: National Oceanic and organizations, individuals or appropriate risk of overfishing levels.
Atmospheric Administration (NOAA), households; federal government; state, This will be the basis for the
Commerce. local or tribal Government. specification of Acceptable Biological
Estimated Number of Respondents: Catch (ABC) levels for the Scientific and
ACTION: Notice.
300. Statistical Committee (SSC) to consider.
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Document Created: 2015-12-16 08:33:08
Document Modified: 2015-12-16 08:33:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | April 21, 2015. | |
| Contact | Irene Gorelik, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905. | |
| FR Citation | 80 FR 22165 |
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