81 FR 21536 - Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 70 (April 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 70 (April 12, 2016)
| Page Range | 21536-21537 | |
| FR Document | 2016-08385 |
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)] [Notices] [Pages 21536-21537] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08385] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-549-821] Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015 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. The period of review (POR) is August 1, 2014, through July 31, 2015. We preliminarily find that subject merchandise has been sold at less than normal value by K. International Packaging Co., Ltd. (K. International Packaging).\1\ --------------------------------------------------------------------------- \1\ We initiated a review of 45 companies and subsequently rescinded the review with respect to 44 companies pursuant to a timely withdrawal of the request for review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 60356 (October 6, 2015); see also Polyethylene Retail Carrier Bags From Thailand: Rescission of Antidumping Duty Administrative Review in Part; 2014-2015, 80 FR 45952 (August 3, 2015); see also, See the Memorandum from Andre Gziryan to James Maeder titled ``Polyethylene Retail Carrier Bags from Thailand: Selection of Respondents for Individual Examination'' at footnote 5 for clarification on the company name (K. International Packaging Co., Ltd.is also known as ``K. International Packing Co., Ltd.''). --------------------------------------------------------------------------- DATES: Effective Date: April 12, 2016. FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2201. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to this 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). While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\2\ --------------------------------------------------------------------------- \2\ See the Memorandum from Deputy Assistant Secretary Christian Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled, ``Preliminary Decision Memorandum for the Administrative Review of the Antidumping Duty Order on Polyethylene Retail Carrier Bags from Thailand'' dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Tolling of Deadline of Preliminary Results of Review As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of this review is now May 6, 2016.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas'' dated January 27, 2016. --------------------------------------------------------------------------- Methodology We have relied on total facts available with respect to K. International Packaging, the sole company subject to this review. Because this company did not act to the best of its ability to respond to the Department's requests for information, we have drawn an adverse inference in selecting from among the facts otherwise available.\4\ We have preliminarily determined to apply a 122.88 percent rate as adverse facts available for K. International Packaging.\5\ --------------------------------------------------------------------------- \4\ See sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). \5\ For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. --------------------------------------------------------------------------- Preliminary Results of Review As a result of our review, we preliminarily determine that a weighted-average dumping margin of 122.88 percent exists for K. International Packaging Co., Ltd. on PRCBs from Thailand for the period August 1, 2014, through July 31, 2015. 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\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.309(d). \7\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 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. The Department will issue the final results of this administrative and new shipper 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, pursuant to section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- \8\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates Upon issuance of the final results, 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 total adverse facts available to establish K. International 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 K. International Packaging. We intend to issue liquidation instructions to CBP 15 days after [[Page 21537]] 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 the reviewed company will be the rate established in the final results of this review; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (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 recent period 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 Section 129 Determination. --------------------------------------------------------------------------- Notifications to Importer This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 6, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of the Order Discussion of the Methodology A. Use of Facts Available B. Application of Facts Available With an Adverse Inference C. Selection and Corroboration of Information Used as Facts Available Recommendation [FR Doc. 2016-08385 Filed 4-11-16; 8:45 am] BILLING CODE 3510-DS-P
![21536 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices
2015, pursuant to section 10(d) of the Constitution Avenue NW., Washington, 122.88 percent exists for K.
Federal Advisory Committee Act, as DC 20230; telephone: (202) 482–2201. International Packaging Co., Ltd. on
amended (5 U.S.C. app. 2 section SUPPLEMENTARY INFORMATION: PRCBs from Thailand for the period
(10)(d)), that the portion of the meeting August 1, 2014, through July 31, 2015.
dealing with pre-decisional changes to Scope of the Order
Public Comment
the Commerce Control List and U.S. The merchandise subject to this order
export control policies shall be exempt is polyethylene retail carrier bags, Pursuant to 19 CFR 351.309(c),
from the provisions relating to public which are currently classified under interested parties may submit case briefs
meetings found in 5 U.S.C. app. 2 subheading 3923.21.0085 of the not later than 30 days after the date of
sections 10(a)(1) and 10(a)(3). The Harmonized Tariff Schedule of the publication of this notice. Rebuttal
remaining portions of the meeting will United States (HTSUS). While the briefs, limited to issues raised in the
be open to the public. HTSUS subheadings are provided for case briefs, may be filed not later than
For more information, call Yvette convenience and customs purposes, the five days after the date for filing case
Springer at (202) 482·2813. written description is dispositive. A full briefs.6 Parties who submit case briefs or
Dated: April 6, 2016. description of the scope of the order is rebuttal briefs in this proceeding are
Yvette Springer,
contained in the Preliminary Decision encouraged to submit with each
Memorandum.2 argument: (1) A statement of the issue,
Committee Liaison Officer.
(2) a brief summary of the argument,
[FR Doc. 2016–08379 Filed 4–11–16; 8:45 am] Tolling of Deadline of Preliminary
and (3) a table of authorities.7
BILLING CODE P Results of Review
Pursuant to 19 CFR 351.310(c),
As explained in the memorandum interested parties who wish to request a
from the Acting Assistant Secretary for hearing, must submit a written request
DEPARTMENT OF COMMERCE Enforcement and Compliance, the to the Assistant Secretary for
Department has exercised its discretion Enforcement and Compliance, filed
International Trade Administration
to toll all administrative deadlines due electronically via ACCESS. An
to the recent closure of the Federal electronically filed document must be
[A–549–821]
Government. All deadlines in this received successfully in its entirety by
Polyethylene Retail Carrier Bags From segment of the proceeding have been the Department’s electronic records
Thailand: Preliminary Results of extended by four business days. The system, ACCESS, by 5:00 p.m. Eastern
Antidumping Duty Administrative revised deadline for the preliminary Time within 30 days after the date of
Review; 2014–2015 results of this review is now May 6, publication of this notice.8 Requests
2016.3 should contain: (1) The party’s name,
AGENCY: Enforcement and Compliance,
Methodology address and telephone number; (2) the
International Trade Administration,
number of participants; and (3) a list of
Department of Commerce. We have relied on total facts available
issues to be discussed. Issues raised in
SUMMARY: The Department of Commerce with respect to K. International
the hearing will be limited to those
(the Department) is conducting an Packaging, the sole company subject to
raised in the respective case briefs. The
administrative review of the this review. Because this company did
Department will issue the final results
antidumping duty order on not act to the best of its ability to
of this administrative and new shipper
polyethylene retail carrier bags (PRCBs) respond to the Department’s requests for
review, including the results of its
from Thailand. The period of review information, we have drawn an adverse
analysis of the issues raised in any
(POR) is August 1, 2014, through July inference in selecting from among the
written briefs, not later than 120 days
31, 2015. We preliminarily find that facts otherwise available.4 We have
after the date of publication of this
subject merchandise has been sold at preliminarily determined to apply a
notice, pursuant to section 751(a)(3)(A)
less than normal value by K. 122.88 percent rate as adverse facts
of the Act.
International Packaging Co., Ltd. (K. available for K. International
International Packaging).1 Packaging.5 Assessment Rates
DATES: Effective Date: April 12, 2016. Preliminary Results of Review Upon issuance of the final results, the
FOR FURTHER INFORMATION CONTACT: As a result of our review, we Department shall determine, and U.S.
Andre Gziryan, AD/CVD Operations, preliminarily determine that a Customs and Border Protection (CBP)
Office I, Enforcement and Compliance, weighted-average dumping margin of shall assess, antidumping duties on all
International Trade Administration, appropriate entries covered by this
U.S. Department of Commerce, 1401 2 See the Memorandum from Deputy Assistant review. For the final results, if we
Secretary Christian Marsh to Acting Assistant continue to rely on total adverse facts
1 We initiated a review of 45 companies and Secretary Ronald K. Lorentzen entitled, available to establish K. International
subsequently rescinded the review with respect to ‘‘Preliminary Decision Memorandum for the Packaging’s weighted-average dumping
44 companies pursuant to a timely withdrawal of Administrative Review of the Antidumping Duty
Order on Polyethylene Retail Carrier Bags from margin, we will instruct CBP to apply
the request for review. See Initiation of
Antidumping and Countervailing Duty Thailand’’ dated concurrently with and hereby an ad valorem assessment rate of 122.88
Administrative Reviews, 80 FR 60356 (October 6, adopted by this notice (Preliminary Decision percent to all entries of subject
Memorandum). merchandise during the POR which
asabaliauskas on DSK3SPTVN1PROD with NOTICES
2015); see also Polyethylene Retail Carrier Bags
3 See Memorandum to the Record from Ron
From Thailand: Rescission of Antidumping Duty were produced and/or exported by K.
Administrative Review in Part; 2014–2015, 80 FR Lorentzen, Acting A/S for Enforcement &
45952 (August 3, 2015); see also, See the Compliance, regarding ‘‘Tolling of Administrative International Packaging.
Memorandum from Andre Gziryan to James Maeder Deadlines As a Result of the Government Closure We intend to issue liquidation
titled ‘‘Polyethylene Retail Carrier Bags from During Snowstorm Jonas’’ dated January 27, 2016. instructions to CBP 15 days after
4 See sections 776(a) and (b) of the Tariff Act of
Thailand: Selection of Respondents for Individual
Examination’’ at footnote 5 for clarification on the 1930, as amended (the Act).
5 For a full description of the methodology 6 See 19 CFR 351.309(d).
company name (K. International Packaging Co.,
7 See 19 CFR 351.309(c)(2) and (d)(2).
Ltd.is also known as ‘‘K. International Packing Co., underlying our conclusions, see Preliminary
Ltd.’’). Decision Memorandum. 8 See 19 CFR 351.310(c).
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![Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices 21537
publication of the final results of Recommendation FOR FURTHER INFORMATION CONTACT:
review. [FR Doc. 2016–08385 Filed 4–11–16; 8:45 am] Patricia M. Tran, AD/CVD Operations,
BILLING CODE 3510–DS–P Office III, Enforcement and Compliance,
Cash Deposit Requirements
U.S. Department of Commerce, 14th
The following deposit requirements Street and Constitution Avenue NW.,
will be effective upon publication of the DEPARTMENT OF COMMERCE Washington, DC 20230; telephone (202)
notice of final results of administrative 482–1503.
review for all shipments of PRCBs from International Trade Administration SUPPLEMENTARY INFORMATION:
Thailand entered, or withdrawn from [C–570–938]
warehouse, for consumption on or after Background
the date of publication, as provided by Citric Acid and Certain Citrate Salts In the Final Results, the Department
section 751(a)(2) of the Act: (1) The cash From the People’s Republic of China: elected to simple-average all available
deposit rate for the reviewed company Notice of Court Decision Not in benchmark data for steam coal, sulfuric
will be the rate established in the final Harmony With Final Results of acid, and calcium carbonate because
results of this review; (2) for previously Countervailing Duty Administrative they were not reported in a uniform
reviewed or investigated companies not Review and Notice of Amended Final manner.6 The CIT remanded for the
listed above, the cash deposit rate will Results Pursuant to Court Decision; Department to reevaluate the world
continue to be the company-specific rate 2011 benchmarks for steam coal, sulfuric
published for the most recent period; (3) acid, and calcium carbonate subsidies.
if the exporter is not a firm covered in AGENCY: Enforcement and Compliance,
Specifically, the CIT instructed the
this review, a prior review, or the less- International Trade Administration,
Department to consider whether to
than-fair-value investigation but the Department of Commerce.
calculate world-average prices using
manufacturer is, the cash deposit rate SUMMARY: On March 30, 2016, the weighted or simple-averages in light of
will be the rate established for the most United States Court of International small-quantity, high-price transactions
recent period for the manufacturer of Trade (CIT) sustained the Department of in the underlying data, and to comply
the merchandise; (4) if neither the Commerce’s (Department’s) final results with the mandate to measure the
exporter nor the manufacturer has its of redetermination,1 which recalculated adequacy of remuneration in light of
own rate, the cash deposit rate will be the subsidy rate for RZBC Group prevailing market conditions in the
4.69 percent.9 These deposit Shareholding Co., Ltd., RZBC Co., Ltd., country subject to review.7 The CIT also
requirements, when imposed, shall RZBC Imp. & Exp. Co., Ltd., and RZBC directed the Department to recalculate
remain in effect until further notice. (Juxian) Co., Ltd. (collectively, RZBC the respondents’ countervailing duty
Companies) in the administrative
Notifications to Importer rate consistent with any reevaluated
review of the countervailing duty (CVD)
benchmark prices for steam coal,
This notice also serves as a order on citric acid and certain citrate
sulfuric acid, and calcium carbonate.8
preliminary reminder to importers of salts (citric acid) from the People’s In its final results of redetermination
their responsibility under 19 CFR Republic of China for the period January pursuant to RZBC Companies v. United
351.402(f) to file a certificate regarding 1, 2011, through December 31, 2011,2 States, the Department reopened and
the reimbursement of antidumping pursuant to the CIT’s remand order in placed on the record in the remand
duties prior to liquidation of the RZBC Companies v. United States.3 proceeding world benchmark
relevant entries during this review Consistent with the decision of the
information for steam coal, sulfuric
period. Failure to comply with this United States Court of Appeals for the
acid, and calcium carbonate. The
requirement could result in the Federal Circuit (CAFC) in Timken,4 as
Department then calculated weighted-
Department’s presumption that clarified by Diamond Sawblades,5 the
average monthly world benchmarks for
reimbursement of antidumping duties Department is notifying the public that
sulfuric acid and calcium carbonate. For
occurred and the subsequent assessment the Court’s final judgment in this case
steam coal, we weight-averaged the
of doubled antidumping duties. is not in harmony with the Final Results
weightable data 9 on the record while
These preliminary results of and that the Department is amending
continuing to utilize the data from other
administrative review are issued and the Final Results with respect to the
unweightable 10 sources.
published in accordance with sections RZBC Companies.
On March 30, 2016, the CIT sustained
751(a)(1) and 777(i)(1) of the Act. DATES: Effective Date: April 9, 2016. the Department’s final results of
Dated: April 6, 2016. 1 See RZBC Group Shareholding Co., Ltd., RZBC
redetermination pursuant to remand.11
Ronald K. Lorentzen, Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC Timken Notice
Acting Assistant Secretary for Enforcement (Juxian) Co., Ltd. v. United States, Court No. 14–
00041 (CIT March 30, 2016) (Court Order affirming In its decision in Timken, as clarified
and Compliance.
remand redetermination) (RZBC Companies v. by Diamond Sawblades, the CAFC held
Appendix United States II). that, pursuant to section 516A(e) of the
2 See Citric Acid and Certain Citrate Salts From
List of Topics Discussed in the Preliminary the People’s Republic of China: Final Results of
Tariff Act of 1930, as amended (the Act),
Decision Memorandum Countervailing Duty Administrative Review; 2011, the Department must publish a notice of
79 FR 108 (January 2, 2014) (Final Results) and a court decision that is not ‘‘in
Summary accompanying Issues and Decision Memorandum
Background (Final IDM).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
6 See Final Results and Final IDM at Comment
Scope of the Order 3 See RZBC Group Shareholding Co., Ltd., RZBC
13E.
Discussion of the Methodology Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC 7 See RZBC Companies v. United States, Slip Op.
A. Use of Facts Available (Juxian) Co., Ltd. v. United States, Court No. 14–
00041, Slip Op. 15–83 (August 5, 2015) (RZBC at 40.
B. Application of Facts Available With an 8 Id.
Companies v. United States).
Adverse Inference 4 See Timken Co. v. United States, 893 F.2d 337 9 Weightable data contains benchmark prices and
C. Selection and Corroboration of (Fed. Cir. 1990) (Timken). quantity.
Information Used as Facts Available 5 See Diamond Sawblades Mfrs. Coalition v. 10 Unweightable data contains only benchmark
United States, 626 F.3d 1374 (Fed. Cir. 2010) prices.
9 See Section 129 Determination. (Diamond Sawblades). 11 See RZBC Companies v. United States II.
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Document Created: 2016-04-12 00:46:24
Document Modified: 2016-04-12 00:46:24
| 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 | Andre Gziryan, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2201. | |
| FR Citation | 81 FR 21536 |
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