80_FR_46689 80 FR 46539 - Polyethylene Retail Carrier Bags From the Socialist Republic of Vietnam: Final Results of Expedited First Sunset Review of the Countervailing Duty Order

80 FR 46539 - Polyethylene Retail Carrier Bags From the Socialist Republic of Vietnam: Final Results of Expedited First Sunset Review of the Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range46539-46540
FR Document2015-19248

The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on polyethylene retail carrier bags (PRCBs) from the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ``Final Results of Sunset Review'' section of this notice.

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015)
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46539-46540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19248]


=======================================================================
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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-805]


Polyethylene Retail Carrier Bags From the Socialist Republic of 
Vietnam: Final Results of Expedited First Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the countervailing duty (CVD) order on polyethylene 
retail carrier bags (PRCBs) from the Socialist Republic of Vietnam 
(Vietnam) would be likely to lead to continuation or recurrence of 
countervailable subsidies at the levels indicated in the ``Final 
Results of Sunset Review'' section of this notice.

DATES: Effective Date: August 5, 2015.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1396.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2010, the Department published the CVD order on PRCBs 
from Vietnam.\1\ On April 1, 2015, the Department published a notice of 
initiation of the first sunset review of the CVD Order on PRCBs from 
Vietnam, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\
---------------------------------------------------------------------------

    \1\ See Polyethylene Retail Carrier Bags from the Socialist 
Republic of Vietnam: Countervailing Duty Order, 75 FR 23670 (May 4, 
2010) (CVD Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 17388 
(April 1, 2015).
---------------------------------------------------------------------------

    On April 16, 2015, the Polyethylene Retail Carrier Bag Committee 
(the Committee), an ad hoc association of five producers of the 
domestic like product, timely notified the Department of its intent to 
participate.\3\ The Committee is comprised of the following five 
domestic producers of PRCBs: Hilex Poly Co., LLC, Superbag Corporation, 
Unistar Plastics, LLC, Command Packaging, and Roplast Industries, Inc.
---------------------------------------------------------------------------

    \3\ See Letter to the Department from the Committee, dated April 
16, 2015.
---------------------------------------------------------------------------

    On May 1, 2015, the Department received a substantive response from 
the Committee within the 30-day deadline

[[Page 46540]]

specified in 19 CFR 351.218(d)(3)(i).\4\ The Department did not receive 
substantive responses from any respondent interested party. As a 
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of the CVD order on PRCBs from Vietnam.
---------------------------------------------------------------------------

    \4\ See Letter from the Committee to the Department, entitled 
``Five-Year (``Sunset'') Review Of Countervailing Duty Order On 
Polyethylene Retail Carrier Bags From The Socialist Republic Of 
Vietnam: Domestic Industry's Substantive Response,'' dated May 1, 
2015.
---------------------------------------------------------------------------

Scope of the Order

    This order covers PRCBs. Imports of merchandise included within the 
scope of this order are currently classifiable under statistical 
category 3923.21.0085 of the Harmonized Tariff Schedule of the United 
States. The Issues and Decision Memorandum, which is hereby adopted by 
this notice, provides a full description of the scope of the order.\5\
---------------------------------------------------------------------------

    \5\ See ``Issues and Decision Memorandum for the Final Results 
of the Expedited First Sunset Review of the Countervailing Duty 
Order on Polyethylene Retail Carrier Bags from the Socialist 
Republic Of Vietnam,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic 
version of the Issues and Decision Memorandum are identical in content.

Analysis of Comments Received

    In the Issues and Decision Memorandum, we have addressed all issues 
that parties raised in this review. The issues include the likelihood 
of continuation or recurrence of countervailable subsidies and the net 
countervailable subsidies likely to prevail if the Department revoked 
the order.

Final Results of Sunset Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the CVD Order would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following net countervailable subsidy rates:

------------------------------------------------------------------------
                                                            Net subsidy
                  Exporter/manufacturer                        rate
                                                           (percent) \6\
------------------------------------------------------------------------
Advance Polybag Co., Ltd................................           52.56
Fotai Vietnam Enterprise Corp. and Fotai Enterprise                 5.28
 Corporation............................................
All Others..............................................            5.28
------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
---------------------------------------------------------------------------

    \6\ Chin Sheng Company, Ltd. was excluded from the order as the 
company received a de minimis rate in the original investigation.
---------------------------------------------------------------------------

    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 
351.218.

    Dated: July 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. History of the Order
5. Discussion of the Issues
    a. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    b. Net Countervailable Subsidy Likely To Prevail
6. Nature of the Subsidies
7. Final Results of Sunset Review
8. Recommendation

[FR Doc. 2015-19248 Filed 8-4-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices                                                       46539

                                                    may also be inspected and reproduced                    of the Commission by September 20,                    DEPARTMENT OF COMMERCE
                                                    at the Regional Programs Unit, as they                  2015. The address is Western Regional
                                                    become available, both before and after                 Office, U.S. Commission on Civil Rights,              International Trade Administration
                                                    the meeting. Persons interested in the                  300 N. Los Angeles Street, Suite 2010,
                                                    work of this Committee are directed to                  Los Angeles, CA 90012. Persons wishing                [C–552–805]
                                                    the Commission’s Web site, http://                      to email their comments may do so by
                                                    www.usccr.gov, or may contact the                       sending them to Peter Minarik, Regional               Polyethylene Retail Carrier Bags From
                                                    Regional Programs Unit at the above                     Director, Western Regional Office, at                 the Socialist Republic of Vietnam:
                                                    email or street address.                                pminarik@usccr.gov. Persons who                       Final Results of Expedited First Sunset
                                                                                                            desire additional information should                  Review of the Countervailing Duty
                                                    Agenda                                                                                                        Order
                                                    Welcome and Introductions                               contact the Western Regional Office, at
                                                      Donna Budnick, Chair                                  (213) 894–3437, (or for hearing impaired              AGENCY:  Enforcement and Compliance,
                                                    Review, Discussion and Approval of                      TDD 913–551–1414), or by email to                     International Trade Administration,
                                                        Project Proposal: Civil Rights                      pminarik@usccr.gov. Hearing-impaired                  Department of Commerce.
                                                        Impact of Civil Forfeiture Practices                persons who will attend the meeting                   SUMMARY: The Department of Commerce
                                                        in Michigan                                         and require the services of a sign                    (the Department) finds that revocation
                                                    Future plans and actions                                language interpreter should contact the               of the countervailing duty (CVD) order
                                                    Adjournment                                             Regional Office at least ten (10) working             on polyethylene retail carrier bags
                                                    DATES: The meeting will be held on                      days before the scheduled date of the                 (PRCBs) from the Socialist Republic of
                                                    Monday, October 26, 2015, at 3:00 p.m.                  meeting.                                              Vietnam (Vietnam) would be likely to
                                                    EST                                                        Records and documents discussed                    lead to continuation or recurrence of
                                                    Public Call Information                                 during the meeting will be available for              countervailable subsidies at the levels
                                                                                                            public viewing prior to and after the                 indicated in the ‘‘Final Results of Sunset
                                                      Dial: 888–461–2024                                                                                          Review’’ section of this notice.
                                                      Conference ID: 5095705                                meeting at https://database.faca.gov/
                                                    FOR FURTHER INFORMATION CONTACT:                        committee/meetings.aspx?cid=244 and                   DATES: Effective Date: August 5, 2015.
                                                    Melissa Wojnaroski at mwojnaroski@                      clicking on the ‘‘Meeting Details’’ and               FOR FURTHER INFORMATION CONTACT: Jun
                                                    usccr.gov or 312–353–8311.                              ‘‘Documents’’ links. Records generated                Jack Zhao, AD/CVD Operations, Office
                                                                                                            from this meeting may also be inspected               VII, Enforcement and Compliance,
                                                      Dated: July 31, 2015.
                                                                                                            and reproduced at the Western Regional                International Trade Administration,
                                                    David Mussatt,
                                                                                                            Office, as they become available, both                U.S. Department of Commerce, 14th
                                                    Chief, Regional Programs Unit.
                                                                                                            before and after the meeting. Persons                 Street and Constitution Avenue NW,
                                                    [FR Doc. 2015–19185 Filed 8–4–15; 8:45 am]              interested in the work of this Committee              Washington, DC 20230; telephone (202)
                                                    BILLING CODE 6335–01–P                                  are directed to the Commission’s Web                  482–1396.
                                                                                                            site, http://www.usccr.gov, or may                    SUPPLEMENTARY INFORMATION:
                                                                                                            contact the Western Regional Office at
                                                    COMMISSION ON CIVIL RIGHTS                                                                                    Background
                                                                                                            the above email or street address.
                                                    Notice of Public Meeting of the Hawai‘i                 Agenda                                                   On May 4, 2010, the Department
                                                    State Advisory Committee for the                                                                              published the CVD order on PRCBs from
                                                    Purpose of Holding a Public Meeting                     Public meeting on the civil rights of                 Vietnam.1 On April 1, 2015, the
                                                    on the Civil Rights of Micronesians                       Micronesians—9:30 a.m.                              Department published a notice of
                                                                                                                                                                  initiation of the first sunset review of
                                                    AGENCY: U.S. Commission on Civil                        Public comment—4:00 p.m.
                                                                                                                                                                  the CVD Order on PRCBs from Vietnam,
                                                    Rights.                                                 Adjournment—5:00 p.m.                                 pursuant to section 751(c) of the Tariff
                                                    ACTION: Announcement of meeting.                                                                              Act of 1930, as amended (the Act).2
                                                                                                            DATES:   Thursday, August 20, 2015.
                                                    SUMMARY:    Notice is hereby given,                                                                              On April 16, 2015, the Polyethylene
                                                                                                            ADDRESSES: The Hawai‘i State Capitol                  Retail Carrier Bag Committee (the
                                                    pursuant to the provisions of the rules
                                                                                                            Auditorium, 415 S. Beretania Street,                  Committee), an ad hoc association of
                                                    and regulations of the U.S. Commission
                                                                                                            Honolulu, HI 96813.                                   five producers of the domestic like
                                                    on Civil Rights (Commission) and the
                                                    Federal Advisory Committee Act                          FOR FURTHER INFORMATION CONTACT:                      product, timely notified the Department
                                                    (FACA) that a meeting of the Hawai‘i                    Peter Minarik, DFO, at (213) 894–3437                 of its intent to participate.3 The
                                                    State Advisory Committee (Committee)                    or pminarik@usccr.gov.                                Committee is comprised of the
                                                    to the Commission will be held on                                                                             following five domestic producers of
                                                                                                              Dated: July 31, 2015.                               PRCBs: Hilex Poly Co., LLC, Superbag
                                                    Thursday, August 20, 2015, for the
                                                    purpose of holding a public meeting on                  David Mussatt,                                        Corporation, Unistar Plastics, LLC,
                                                    the civil rights of Micronesians. The                   Chief, Regional Programs Coordination Unit.           Command Packaging, and Roplast
                                                    meeting will be held at the Hawaii State                [FR Doc. 2015–19186 Filed 8–4–15; 8:45 am]            Industries, Inc.
                                                    Capitol Auditorium, 415 S. Beretania                    BILLING CODE 6335–01–P
                                                                                                                                                                     On May 1, 2015, the Department
                                                    Street, Honolulu, HI 96813. The meeting                                                                       received a substantive response from the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    is scheduled to begin at 9:30 a.m. and                                                                        Committee within the 30-day deadline
                                                    adjourn at approximately 5:00 p.m.
                                                       Members of the public are entitled to                                                                        1 See Polyethylene Retail Carrier Bags from the

                                                    make comments in the open period at                                                                           Socialist Republic of Vietnam: Countervailing Duty
                                                                                                                                                                  Order, 75 FR 23670 (May 4, 2010) (CVD Order).
                                                    the end of the meeting. Members of the                                                                          2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
                                                    public may also submit written                                                                                FR 17388 (April 1, 2015).
                                                    comments. The comments must be                                                                                  3 See Letter to the Department from the

                                                    received in the Western Regional Office                                                                       Committee, dated April 16, 2015.



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                                                    46540                      Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices

                                                    specified in 19 CFR 351.218(d)(3)(i).4                  countervailable subsidies at the                             DEPARTMENT OF COMMERCE
                                                    The Department did not receive                          following net countervailable subsidy
                                                    substantive responses from any                          rates:                                                       International Trade Administration
                                                    respondent interested party. As a result,                                                                            [A–580–839]
                                                    pursuant to section 751(c)(3)(B) of the                                                               Net subsidy
                                                    Act and 19 CFR 351.218(e)(1)(ii)(C)(2),                       Exporter/manufacturer                       rate       Certain Polyester Staple Fiber From
                                                    the Department conducted an expedited                                                                 (percent) 6
                                                                                                                                                                         the Republic of Korea: Rescission of
                                                    (120-day) sunset review of the CVD                                                                                   Antidumping Duty Administrative
                                                                                                            Advance Polybag Co., Ltd ....                        52.56
                                                    order on PRCBs from Vietnam.                                                                                         Review; 2014–2015
                                                                                                            Fotai Vietnam Enterprise
                                                    Scope of the Order                                        Corp. and Fotai Enterprise                                 AGENCY:  Enforcement and Compliance,
                                                                                                              Corporation .......................                 5.28   International Trade Administration,
                                                       This order covers PRCBs. Imports of
                                                                                                            All Others ..............................             5.28   Department of Commerce.
                                                    merchandise included within the scope
                                                    of this order are currently classifiable                                                                             SUMMARY: The Department of Commerce
                                                    under statistical category 3923.21.0085                 Administrative Protective Order                              (the Department) is rescinding the
                                                    of the Harmonized Tariff Schedule of                       This notice also serves as the only                       administrative review of the
                                                    the United States. The Issues and                                                                                    antidumping duty order on certain
                                                                                                            reminder to parties subject to
                                                    Decision Memorandum, which is hereby                                                                                 polyester staple fiber (PSF) from the
                                                                                                            administrative protective order (APO) of
                                                    adopted by this notice, provides a full                                                                              Republic of Korea (Korea) for the period
                                                    description of the scope of the order.5                 their responsibility concerning the
                                                                                                                                                                         of review (POR) May 1, 2014, through
                                                       The Issues and Decision                              return or destruction of proprietary                         April 30, 2015, based on the timely
                                                    Memorandum is a public document and                     information disclosed under APO in                           withdrawal of the request for review.
                                                    is on file electronically via Enforcement               accordance with 19 CFR 351.305.
                                                                                                                                                                         DATES: Effective date: August 5, 2015.
                                                    and Compliance’s Antidumping and                        Timely notification of the return or
                                                                                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                    Countervailing Duty Centralized                         destruction of APO materials or
                                                                                                                                                                         Lana Nigro, AD/CVD Operations, Office
                                                    Electronic Service System (ACCESS).                     conversion to judicial protective orders
                                                                                                                                                                         I, Enforcement and Compliance,
                                                    ACCESS is available to registered users                 is hereby requested. Failure to comply                       International Trade Administration,
                                                    at http://access.trade.gov and in the                   with the regulations and terms of an                         U.S. Department of Commerce, 14th
                                                    Central Records Unit, room B8024 of the                 APO is a violation which is subject to                       Street and Constitution Avenue NW.,
                                                    main Department of Commerce                             sanction.                                                    Washington DC 20230; telephone: (202)
                                                    building. In addition, a complete                          We are issuing and publishing the                         482–1779.
                                                    version of the Issues and Decision                      results and notice in accordance with                        SUPPLEMENTARY INFORMATION:
                                                    Memorandum can be accessed at
                                                                                                            sections 751(c), 752(b), and 777(i)(1) of
                                                    http://enforcement.trade.gov/frn/. The                                                                               Background
                                                                                                            the Act and 19 CFR 351.218.
                                                    signed Issues and Decision                                                                                              On May 1, 2015, the Department
                                                    Memorandum and the electronic                             Dated: July 24, 2015.
                                                                                                                                                                         published the notice of opportunity to
                                                    version of the Issues and Decision                      Paul Piquado,                                                request an administrative review of the
                                                    Memorandum are identical in content.                    Assistant Secretary for Enforcement and                      order on PSF from Korea for the period
                                                    Analysis of Comments Received                           Compliance.                                                  of review May 1, 2014, through April
                                                                                                                                                                         30, 2015.1 On May 29, 2015, DAK
                                                       In the Issues and Decision                           Appendix—List of Topics Discussed in
                                                                                                                                                                         Americas LLC and Auriga Polymers,
                                                    Memorandum, we have addressed all                       the Issues and Decision Memorandum
                                                                                                                                                                         Inc., the successor to Invista, S.a.r.L
                                                    issues that parties raised in this review.
                                                                                                            1. Summary                                                   (collectively, the petitioners) requested
                                                    The issues include the likelihood of
                                                                                                            2. Background                                                that the Department conduct an
                                                    continuation or recurrence of                           3. Scope of the Order                                        administrative review of Huvis
                                                    countervailable subsidies and the net                   4. History of the Order                                      Corporation (Huvis) and Toray
                                                    countervailable subsidies likely to                     5. Discussion of the Issues                                  Chemical Korea, Inc (Toray).2 On June
                                                    prevail if the Department revoked the                      a. Likelihood of Continuation or                          1, 2015, Huvis requested an
                                                    order.                                                        Recurrence of a Countervailable Subsidy                administrative review of its POR sales.3
                                                    Final Results of Sunset Review                             b. Net Countervailable Subsidy Likely To                  On June 18, 2015, the petitioners
                                                                                                                  Prevail                                                withdrew their request for an
                                                      Pursuant to sections 752(b)(1) and (3)
                                                                                                            6. Nature of the Subsidies                                   administrative review of Huvis.4 Huvis
                                                    of the Act, we determine that revocation
                                                                                                            7. Final Results of Sunset Review                            withdrew its request for an
                                                    of the CVD Order would be likely to
                                                                                                            8. Recommendation                                            administrative review on June 19,
                                                    lead to continuation or recurrence of
                                                                                                            [FR Doc. 2015–19248 Filed 8–4–15; 8:45 am]                   2015.5 Pursuant to the remaining
                                                      4 See Letter from the Committee to the                BILLING CODE 3510–DS–P                                       request, for Toray, and in accordance
                                                    Department, entitled ‘‘Five-Year (‘‘Sunset’’) Review                                                                 with 19 CFR 351.221(c)(1)(i), the
                                                    Of Countervailing Duty Order On Polyethylene                                                                         Department published a notice initiating
                                                    Retail Carrier Bags From The Socialist Republic Of
                                                    Vietnam: Domestic Industry’s Substantive                                                                               1 See Antidumping or Countervailing Duty Order,
                                                    Response,’’ dated May 1, 2015.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      5 See ‘‘Issues and Decision Memorandum for the                                                                     Finding, or Suspended Investigation; Opportunity
                                                                                                                                                                         to Request Administrative Review, 80 FR 24898,
                                                    Final Results of the Expedited First Sunset Review
                                                                                                                                                                         24899 (May 1, 2015).
                                                    of the Countervailing Duty Order on Polyethylene                                                                       2 See Letter from the petitioners to the
                                                    Retail Carrier Bags from the Socialist Republic Of
                                                    Vietnam,’’ from Christian Marsh, Deputy Assistant                                                                    Department, dated May 29, 2015, at 2.
                                                                                                                                                                           3 See Letter from Huvis to the Department, dated
                                                    Secretary for Antidumping and Countervailing Duty
                                                    Operations, to Paul Piquado, Assistant Secretary for                                                                 June 1, 2015, at 1–2.
                                                                                                              6 Chin Sheng Company, Ltd. was excluded from                 4 See Letter from the petitioners, dated June 18,
                                                    Enforcement and Compliance, dated concurrently
                                                    with this notice (Issues and Decision                   the order as the company received a de minimis rate          2015, at 2.
                                                    Memorandum).                                            in the original investigation.                                 5 See Letter from Huvis, dated June 19, 2015.




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Document Created: 2018-02-23 10:53:18
Document Modified: 2018-02-23 10:53:18
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
DatesEffective Date: August 5, 2015.
ContactJun Jack Zhao, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1396.
FR Citation80 FR 46539 

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