80 FR 26224 - Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 88 (May 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 88 (May 7, 2015)
| Page Range | 26224-26226 | |
| FR Document | 2015-11087 |
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)] [Notices] [Pages 26224-26226] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11087] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-549-821] Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from Thailand.\1\ This review covers 33 companies. The period of review (POR) is August 1, 2013, through July 31, 2014. We preliminarily find that subject merchandise has been sold at less than normal value by the one company subject to this review, Beyond Packaging Co., Ltd. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags From Thailand, 69 FR 48204 (August 9, 2004) (Order). --------------------------------------------------------------------------- DATES: Effective Date: May 7, 2015. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0665 and 202-482-1690, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the antidumping duty order is polyethylene retail carrier bags, which are currently classified under subheading 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS number is provided for convenience and customs purposes. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\2\ The written description is dispositive. --------------------------------------------------------------------------- \2\ See memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results of the 2013/2014 Antidumping Duty Administrative Review: Polyethylene Retail Carrier Bags from Thailand'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- [[Page 26225]] Rescission of Review in Part Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. Except for Beyond Packaging Co., Ltd. (Beyond Packaging), the petitioners \3\ withdrew their request for an administrative review of the remaining 32 companies identified in the Initiation Notice \4\ within the 90-day period.\5\ The petitioners were the only party to request a review of these companies. Accordingly, we are rescinding this administrative review, in part, with respect to these companies in accordance with 19 CFR 351.213(d)(1). --------------------------------------------------------------------------- \3\ Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, and Superbag Corporation (collectively, the petitioners). \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 58729 (September 30, 2014) (Initiation Notice). The Initiation Notice incorrectly lists one of the companies as 2PK Inetrplas Co., Ltd., instead of 2PK Interplas Co., Ltd. This error was corrected in Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 64565 (October 30, 2014). \5\ See letter from King & Spalding LLP on behalf of the petitioners entitled ``Polyethylene Retail Carrier Bags from Thailand: Partial Withdrawal of Request for Administrative Review'' dated December 16, 2014. --------------------------------------------------------------------------- Methodology In accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we relied on facts available with an adverse inference with respect to Beyond Packaging, the sole company selected for individual examination and sole company in this review. Thus, we preliminarily assigned a rate of 122.88 percent as the weighted-average dumping margin for Beyond Packaging. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of topics included in the Preliminary Decision Memorandum is included in Appendix I attached to this notice. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margin on PRCBs from Thailand exists for the period August 1, 2013, through July 31, 2014, at the following rate: ------------------------------------------------------------------------ Rate Company (percent) ------------------------------------------------------------------------ Beyond Packaging Co., Ltd.................................. 122.88 ------------------------------------------------------------------------ Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\6\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\7\ Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice.\8\ Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \6\ See 19 CFR 351.309(d). \7\ See 19 CFR 351.303 (for general filing requirements). \8\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- When submitting a document to the Department via the Department's electronic records system, ACCESS, the document must be received successfully in its entirety by 5 p.m. Eastern Time on the date on which it is due. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. For the final results, if we continue to rely on adverse facts available to establish Beyond Packaging's weighted-average dumping margin, we will instruct CBP to apply an ad valorem assessment rate of 122.88 percent to all entries of subject merchandise during the POR which were produced and/or exported by Beyond Packaging. For the companies for which the review is rescinded, the antidumping duty shall be assessed at the rate equal to the cash deposit of the estimated antidumping duty required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). We will instruct CBP accordingly. We intend to issue liquidation instructions to CBP 15 days after publication of the final results of review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of PRCBs from Thailand entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Beyond Packaging will be equal to the weighted-average dumping margin established in the final results of this review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than- fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash deposit rate will be 4.69 percent.\9\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \9\ See Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Polyethylene Retail Carrier Bags From Thailand, 75 FR 48940 (August 12, 2010). --------------------------------------------------------------------------- [[Page 26226]] Notifications to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 1, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum A. Summary B. Background C. Scope of the Order D. Rescission of Review in Part E. Discussion of the Methodology 1. Use of Facts Otherwise Available a. Use of Facts Available b. Application of Facts Available With an Adverse Inference c. Selection and Corroboration of Information Used as Facts Available 2. Duty Absorption F. Recommendation [FR Doc. 2015-11087 Filed 5-6-15; 8:45 am] BILLING CODE 3510-DS-P
![26224 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
liquidate appropriate entries without These deposit requirements, when DEPARTMENT OF COMMERCE
regard to antidumping duties.22 We imposed, shall remain in effect until
intend to instruct CBP to liquidate further notice. International Trade Administration
entries containing subject merchandise
exported by the PRC-wide entity at the Notification to Importers
[A–549–821]
PRC-wide rate. This notice also serves as a
The Department announced a Polyethylene Retail Carrier Bags From
refinement to its assessment practice in preliminary reminder to importers of
Thailand: Preliminary Results of
non-market economy (‘‘NME’’) cases.23 their responsibility under 19 CFR
Antidumping Duty Administrative
Pursuant to this refinement in practice, 351.402(f)(2) to file a certificate Review and Rescission of Review in
for entries that were not reported in the regarding the reimbursement of Part; 2013–2014
U.S. sales databases submitted by antidumping duties prior to liquidation
companies individually examined of the relevant entries during the POR. AGENCY: Enforcement and Compliance,
during the administrative review, the Failure to comply with this requirement International Trade Administration,
Department will instruct CBP to could result in the Department’s Department of Commerce.
liquidate such entries at the PRC-wide presumption that reimbursement of SUMMARY: The Department of Commerce
rate. Additionally, if the Department antidumping duties occurred and the (the Department) is conducting an
determines that an exporter had no subsequent assessment of double administrative review of the
shipments of the subject merchandise, antidumping duties. antidumping duty order on
any suspended entries that entered These preliminary results are issued polyethylene retail carrier bags (PRCBs)
under that exporter’s case number (i.e., from Thailand.1 This review covers 33
and published in accordance with
at that exporter’s rate) will be liquidated companies. The period of review (POR)
at the PRC-wide rate.24 sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4). is August 1, 2013, through July 31, 2014.
In accordance with section We preliminarily find that subject
751(a)(2)(C) of the Act, the final results Dated: April 30, 2015. merchandise has been sold at less than
of this review shall be the basis for the Paul Piquado, normal value by the one company
assessment of antidumping duties on Assistant Secretary for Enforcement and subject to this review, Beyond
entries of merchandise covered by the Compliance. Packaging Co., Ltd. Interested parties are
final results of this review and for future invited to comment on these
deposits of estimated duties, where Appendix I—Companies Subject to the preliminary results.
applicable. Administrative Review That Are
Preliminarily Determined To Be Part of DATES: Effective Date: May 7, 2015.
Cash Deposit Requirements
the PRC-Wide Entity FOR FURTHER INFORMATION CONTACT:
The following cash deposit Dmitry Vladimirov or Minoo Hatten,
requirements will be effective upon Fastco (Shanghai) Trading Co., Ltd. AD/CVD Operations, Office I,
publication of the final results of this Gem-Year Industrial Co., Ltd. Enforcement and Compliance,
review for shipments of the subject Haiyan Dayu Fasteners Co., Ltd. International Trade Administration,
merchandise from the PRC entered, or Jiaxing Brother Standard Part Co., Ltd., IFI & U.S. Department of Commerce, 14th
withdrawn from warehouse, for Morgan Ltd. and RMB Fasteners Ltd. Street and Constitution Avenue NW.,
consumption on or after the publication (collectively ‘‘RMB/IFI Group’’) Washington, DC 20230; telephone: (202)
date, as provided by sections Jiaxing Brother Standard Part. 482–0665 and 202–482–1690,
751(a)(2)(C) of the Act: (1) For any Midas Union Co., Ltd. respectively.
companies listed that have a separate New Pole Power System Co. Ltd.
rate, the cash deposit rate will be that Shanghai P&J International Trading Co., Ltd. SUPPLEMENTARY INFORMATION:
established in the final results of this Zhejiang Morgan Brother Technology Co. Scope of the Order
review (except, if the rate is zero or de Ltd.
minimis, then zero cash deposit will be The merchandise subject to the
required); (2) for previously investigated Appendix II—List of Topics Discussed antidumping duty order is polyethylene
or reviewed PRC and non-PRC exporters in the Preliminary Decision retail carrier bags, which are currently
not listed that received a separate rate Memorandum: classified under subheading
in a prior segment of this proceeding, 3923.21.0085 of the Harmonized Tariff
the cash deposit rate will continue to be Summary Schedule of the United States (HTSUS).
the existing exporter-specific rate; (3) for 1. Background The HTSUS number is provided for
all PRC exporters of subject 2. Verification convenience and customs purposes. A
merchandise that have not been found 3. Respondent Selection full description of the scope of the order
to be entitled to a separate rate, the cash 4. Scope of the Order is contained in the Preliminary Decision
deposit rate will be that for the PRC- 5. Questionnaires
Memorandum.2 The written description
wide entity; and (4) for all non-PRC 6. Non-Market Economy Country
is dispositive.
exporters of subject merchandise which 7. PRC-Wide Entity
have not received their own rate, the 8. Separate Rates 1 See Antidumping Duty Order: Polyethylene
cash deposit rate will be the rate 9. Application of Facts Available and Use Retail Carrier Bags From Thailand, 69 FR 48204
applicable to the PRC exporter that of Adverse Inference (August 9, 2004) (Order).
mstockstill on DSK4VPTVN1PROD with NOTICES
10. Conclusion 2 See memorandum from Christian Marsh, Deputy
supplied that non-PRC exporter.
[FR Doc. 2015–11082 Filed 5–6–15; 8:45 am] Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
22 See 19 CFR 351.106(c)(2). BILLING CODE 3510–DS–P Assistant Secretary for Enforcement and
23 For a full discussion of this practice, see Non-
Compliance, ‘‘Decision Memorandum for
Market Economy Antidumping Proceedings: Preliminary Results of the 2013/2014 Antidumping
Assessment of Antidumping Duties, 76 FR 65694 Duty Administrative Review: Polyethylene Retail
(October 24, 2011). Carrier Bags from Thailand’’ (Preliminary Decision
24 Id. Memorandum), dated concurrently with this notice.
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![26226 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
Notifications to Importers countervailable subsidies during the main Department of Commerce
This notice serves as a preliminary POR. We are rescinding the review with building. In addition, a complete
reminder to importers of their respect to Foshan Zhaoshun Trade Co., version of the Preliminary Decision
responsibility under 19 CFR Ltd. (Zhaoshun), Zhongshan Superte Memorandum can be accessed directly
351.402(f)(2) to file a certificate Kitchenware Co., Ltd. (Superte), on the internet at http://
regarding the reimbursement of Zhongshan Newecan Enterprise enforcement.trade.gov/frn/index.html.
antidumping duties prior to liquidation Development Corporation Limited The signed Preliminary Decision
of the relevant entries during this (Newecan), Zhongshan Silk Imp. & Exp. Memorandum and the electronic
review period. Failure to comply with Group Co., Ltd. of Guangdong version of the Preliminary Decision
this requirement could result in the (Zhongshan Silk). Further, we Memorandum are identical in content.
Secretary’s presumption that preliminarily find that Shunde Native Methodology
reimbursement of antidumping duties Produce Import and Export Co., Ltd. of
Guangdong (Native Produce) did not The Department conducted this
occurred and the subsequent assessment review in accordance with section
of doubled antidumping duties. have any reviewable entries during the
POR. Interested parties are invited to 751(a)(1)(A) of the Tariff Act of 1930, as
Notification to Interested Parties comment on these preliminary results. amended (the Act). For each program
found countervailable, we preliminarily
We are issuing and publishing these DATES: Effective Date: May 7, 2015.
determine that there is a subsidy, i.e., a
results in accordance with sections FOR FURTHER INFORMATION CONTACT: government-provided financial
751(a)(1) and 777(i)(1) of the Act. Jennifer Meek or Joshua Morris, AD/ contribution that gives rise to a benefit
Dated: May 1, 2015. CVD Operations, Office I, Enforcement to the recipient, and that the subsidy is
Paul Piquado, and Compliance, International Trade specific.1
Assistant Secretary for Enforcement and Administration, U.S. Department of In making the preliminary findings,
Compliance. Commerce, 14th Street and Constitution we relied, in part, on facts available and,
Avenue NW., Washington, DC 20230; because the Government of the PRC did
Appendix—List of Topics Discussed in telephone: (202) 482–2778 and (202) not act to the best of its ability to
the Preliminary Decision Memorandum 482–1779, respectively. respond to the Department’s requests for
A. Summary Scope of the Order information, we applied an adverse
B. Background inference in selecting from among the
C. Scope of the Order Drawn stainless steel sinks are sinks facts otherwise available.2 For a full
D. Rescission of Review in Part with single or multiple drawn bowls, description of the methodology
E. Discussion of the Methodology with or without drain boards, whether underlying our conclusions, see the
1. Use of Facts Otherwise Available finished or unfinished, regardless of Preliminary Decision Memorandum.
a. Use of Facts Available type of finish, gauge, or grade of sinks.
b. Application of Facts Available With an The products covered by this order are Partial Rescission
Adverse Inference currently classified in the Harmonized As discussed in the Preliminary
c. Selection and Corroboration of
Information Used as Facts Available
Tariff Schedule of the United States Decision Memorandum, the companies
2. Duty Absorption (HTSUS) under statistical reporting Zhaoshun, Superte, Newecan, and
F. Recommendation number 7324.10.0000. Although the Zhongshan Silk timely withdrew their
[FR Doc. 2015–11087 Filed 5–6–15; 8:45 am]
HTSUS subheading is provided for requests for administrative review of
convenience and customs purposes, the themselves.3 No other parties requested
BILLING CODE 3510–DS–P
written description of the scope of the reviews of these companies. The
order is dispositive. Department, pursuant to 19 CFR
DEPARTMENT OF COMMERCE A full description of the scope of the 351.213(d)(1), is therefore rescinding
order is contained in the memorandum this administrative review with respect
International Trade Administration from Christian Marsh, Deputy Assistant to Zhaoshun, Superte, Newecan, and
Secretary for Enforcement and Zhongshan Silk.4
[C–570–984]
Compliance, to Paul Piquado, Assistant Preliminary Determination of No
Drawn Stainless Steel Sinks From the Secretary for Enforcement and Shipments and Intent To Rescind the
People’s Republic of China: Compliance, ‘‘Decision Memorandum Review in Part
Preliminary Results of Countervailing for Preliminary Results of
Countervailing Duty Administrative Based on our analysis of U.S. Customs
Duty Administrative Review, and Border Protection (CBP)
Rescission in Part, and Intent To Review: Drawn Stainless Steel Sinks
from the People’s Republic of China’’ information and information provided
Rescind the Review in Part; 2012–2013 by Native Produce, we preliminarily
dated concurrently with this notice
AGENCY: Enforcement and Compliance, (Preliminary Decision Memorandum), determine that Native Produce did not
International Trade Administration, which is hereby adopted by this notice. 1 See sections 771(5)(B) and (D) of the Act
Department of Commerce. A list of topics discussed in the regarding financial contribution; section 771(5)(E)
SUMMARY: The Department of Commerce Preliminary Decision Memorandum is of the Act regarding benefit; and section 771(5A) of
(the Department) is conducting an provided as Appendix I to this Notice. the Act regarding specificity.
administrative review of the The Preliminary Decision 2 See sections 776(a) and (b) of the Act. For
further information, see ‘‘Use of Facts Otherwise
mstockstill on DSK4VPTVN1PROD with NOTICES
countervailing duty (CVD) order on Memorandum is a public document and
Available and Adverse Inferences’’ in the
drawn stainless steel sinks (sinks) from is on file electronically via Enforcement Preliminary Decision Memorandum.
the People’s Republic of China (PRC). and Compliance’s Antidumping and 3 As noted in the Preliminary Decision
The period of review (POR) is August 6, Countervailing Duty Centralized Memorandum, Native Produce also submitted a
2012, through December 31, 2013. We Electronic Service System (ACCESS). withdrawal of its request for review. It did so,
however, after the 90-day deadline pursuant to 19
preliminarily find that Guangdong ACCESS is available to registered users CFR 351.213(d)(1) and was, therefore, untimely.
Dongyuan Kitchenware Industrial Co., at http://access.trade.gov and in the 4 See Appendix II for the full list of companies
Ltd. (Dongyuan) received Central Records Unit, room 7046 of the for which this review is being rescinded.
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Document Created: 2015-12-16 07:50:44
Document Modified: 2015-12-16 07:50:44
| 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 | |
| Contact | Dmitry Vladimirov or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0665 and 202-482-1690, respectively. | |
| FR Citation | 80 FR 26224 |
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