81_FR_27174 81 FR 27087 - Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the People's Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders and Countervailing Duty Order

81 FR 27087 - Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the People's Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders and Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 87 (May 5, 2016)

Page Range27087-27088
FR Document2016-10625

The Department of Commerce (the Department) and the International Trade Commission (the ITC) have determined that revocation of the antidumping duty (AD) orders on polyethylene retail carrier bags (PRCBs) from Indonesia, Malaysia, the People's Republic of China (PRC), Taiwan, Thailand, and the Socialist Republic of Vietnam (Vietnam) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States. The Department and the ITC have also determined that revocation of the countervailing duty (CVD) order on PRCBs from Vietnam would likely lead to continuation or recurrence of net countervailable subsidies and material injury to an industry in the United States. Therefore, the Department is publishing a notice of continuation of the AD orders and CVD order.

Federal Register, Volume 81 Issue 87 (Thursday, May 5, 2016) 
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27087-27088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10625]



[[Page 27087]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-822, A-557-813, A-570-886, A-583-843, A-549-821, A-552-806, C-
552-805]


Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the 
People's Republic of China, Taiwan, Thailand, and the Socialist 
Republic of Vietnam: Continuation of Antidumping Duty Orders and 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) and the 
International Trade Commission (the ITC) have determined that 
revocation of the antidumping duty (AD) orders on polyethylene retail 
carrier bags (PRCBs) from Indonesia, Malaysia, the People's Republic of 
China (PRC), Taiwan, Thailand, and the Socialist Republic of Vietnam 
(Vietnam) would likely lead to continuation or recurrence of dumping 
and material injury to an industry in the United States. The Department 
and the ITC have also determined that revocation of the countervailing 
duty (CVD) order on PRCBs from Vietnam would likely lead to 
continuation or recurrence of net countervailable subsidies and 
material injury to an industry in the United States. Therefore, the 
Department is publishing a notice of continuation of the AD orders and 
CVD order.

DATES: Effective Date: May 5, 2016.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, 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) 482-0410 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2015, the Department initiated \1\ and the ITC 
instituted \2\ five-year (sunset) reviews of the AD orders on PRCBs 
from Indonesia, Malaysia, the PRC, Taiwan, Thailand, and Vietnam, and 
the CVD order on PRCBs from Vietnam \3\ pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act). As a result of its 
reviews, the Department determined that revocation of the AD orders 
would likely lead to continuation or recurrence of dumping and that 
revocation of the CVD order would likely lead to continuation or 
recurrence of net countervailable subsidies. Therefore, the Department 
notified the ITC of the magnitude of the margins and the net 
countervailable subsidy rate likely to prevail should the orders be 
revoked, pursuant to sections 751(c)(1) and 752(b) and (c) of the 
Act.\4\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 17388 
(April 1, 2015).
    \2\ See Polyethylene Retail Carrier Bags From China, Indonesia, 
Malaysia, Taiwan, Thailand, and Vietnam; Institution of Five-Year 
Reviews, 80 FR 17490 (April 1, 2015).
    \3\ See Antidumping Duty Orders: Polyethylene Retail Carrier 
Bags From Indonesia, Taiwan, and the Socialist Republic of Vietnam, 
75 FR 23667 (May 4, 2010); Antidumping Duty Order: Polyethylene 
Retail Carrier Bags From Malaysia, 69 FR 48203 (August 9, 2004); 
Antidumping Duty Order: Polyethylene Retail Carrier Bags From the 
People's Republic of China, 69 FR 48201 (August 9, 2004); 
Antidumping Duty Order: Polyethylene Retail Carrier Bags From 
Thailand, 69 FR 48204 (August 9, 2004); and Polyethylene Retail 
Carrier Bags From the Socialist Republic of Vietnam: Countervailing 
Duty Order, 75 FR 23670 (May 4, 2010).
    \4\ See Polyethylene Retail Carrier Bags From Indonesia, 
Malaysia, the People's Republic of China, Taiwan, Thailand, and the 
Socialist Republic of Vietnam: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders, 80 FR 39997 (July 13, 2015), 
and 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 (August 5, 2015).
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    On April 22, 2016, the ITC published its determination that 
revocation of the AD orders on PRCBs from Indonesia, Malaysia, the PRC, 
Taiwan, Thailand, and Vietnam and the CVD order on PRCBs from Vietnam 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable time, 
pursuant to section 751(c) of the Act.\5\
---------------------------------------------------------------------------

    \5\ See Polyethylene Retail Carrier Bags From China, Indonesia, 
Malaysia, Taiwan, Thailand, and Vietnam; Determinations, 81 FR 23749 
(April 22, 2016). See also the letter from the ITC Chairman Meredith 
M. Broadbent to Deputy Assistant Secretary Christian Marsh dated 
April 18, 2016.
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Scopes of the Orders

    The merchandise covered in the sunset reviews of the AD orders on 
PRCBs from Indonesia, Malaysia, the PRC, Taiwan, Thailand, and Vietnam 
and the CVD order on PRCBs from Vietnam is PRCBs, which may be referred 
to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. 
The subject merchandise is defined as non-sealable sacks and bags with 
handles (including drawstrings), without zippers or integral extruded 
closures, with or without gussets, with or without printing, of 
polyethylene film having a thickness no greater than 0.035 inch (0.889 
mm) and no less than 0.00035 inch (0.00889 mm), and with no length or 
width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 
cm). The depth of the bag may be shorter than 6 inches but not longer 
than 40 inches (101.6 cm).
    PRCBs are typically provided without any consumer packaging and 
free of charge by retail establishments, e.g., grocery, drug, 
convenience, department, specialty retail, discount stores, and 
restaurants, to their customers to package and carry their purchased 
products. The scope of the order excludes (1) polyethylene bags that 
are not printed with logos or store names and that are closeable with 
drawstrings made of polyethylene film and (2) polyethylene bags that 
are packed in consumer packaging with printing that refers to specific 
end-uses other than packaging and carrying merchandise from retail 
establishments, e.g., garbage bags, lawn bags, trash-can liners.
    As a result of changes to the Harmonized Tariff Schedule of the 
United States (HTSUS), imports of the subject merchandise are currently 
classifiable under statistical category 3923.21.0085 of the HTSUS. 
Furthermore, although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the scope of the order 
is dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD orders and the CVD order would likely lead to 
a continuation or recurrence of dumping and, in the case of Vietnam, 
countervailable subsidies, and material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.218(a), the Department hereby orders the continuation of the AD 
orders on PRCBs from Indonesia, Malaysia, the PRC, Taiwan, Thailand, 
and Vietnam and the CVD order on PRCBs from Vietnam. U.S. Customs and 
Border Protection will continue to collect cash deposits at the rates 
in effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the AD orders and the CVD 
order will be the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 
CFR 351.218(c)(2), the Department intends to initiate the next five-
year review of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of this continuation notice.
    These five-year sunset reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).


[[Page 27088]]


    Dated: April 28, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10625 Filed 5-4-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 27087 DEPARTMENT OF COMMERCE the Tariff Act of 1930, as amended (the shorter than 6 inches but not longer Act). As a result of its reviews, the than 40 inches (101.6 cm). International Trade Administration Department determined that revocation PRCBs are typically provided without [A–560–822, A–557–813, A–570–886, A–583– of the AD orders would likely lead to any consumer packaging and free of 843, A–549–821, A–552–806, C–552–805] continuation or recurrence of dumping charge by retail establishments, e.g., and that revocation of the CVD order grocery, drug, convenience, department, Polyethylene Retail Carrier Bags From would likely lead to continuation or specialty retail, discount stores, and Indonesia, Malaysia, the People’s recurrence of net countervailable restaurants, to their customers to Republic of China, Taiwan, Thailand, subsidies. Therefore, the Department package and carry their purchased and the Socialist Republic of Vietnam: notified the ITC of the magnitude of the products. The scope of the order Continuation of Antidumping Duty margins and the net countervailable excludes (1) polyethylene bags that are Orders and Countervailing Duty Order subsidy rate likely to prevail should the not printed with logos or store names orders be revoked, pursuant to sections and that are closeable with drawstrings AGENCY: Enforcement and Compliance, 751(c)(1) and 752(b) and (c) of the Act.4 made of polyethylene film and (2) International Trade Administration, On April 22, 2016, the ITC published polyethylene bags that are packed in Department of Commerce. its determination that revocation of the consumer packaging with printing that SUMMARY: The Department of Commerce AD orders on PRCBs from Indonesia, refers to specific end-uses other than (the Department) and the International Malaysia, the PRC, Taiwan, Thailand, packaging and carrying merchandise Trade Commission (the ITC) have and Vietnam and the CVD order on from retail establishments, e.g., garbage determined that revocation of the PRCBs from Vietnam would likely lead bags, lawn bags, trash-can liners. antidumping duty (AD) orders on to continuation or recurrence of material As a result of changes to the polyethylene retail carrier bags (PRCBs) injury to an industry in the United Harmonized Tariff Schedule of the from Indonesia, Malaysia, the People’s States within a reasonably foreseeable United States (HTSUS), imports of the Republic of China (PRC), Taiwan, time, pursuant to section 751(c) of the subject merchandise are currently Thailand, and the Socialist Republic of Act.5 classifiable under statistical category Vietnam (Vietnam) would likely lead to 3923.21.0085 of the HTSUS. continuation or recurrence of dumping Scopes of the Orders Furthermore, although the HTSUS and material injury to an industry in the The merchandise covered in the subheading is provided for convenience United States. The Department and the sunset reviews of the AD orders on and customs purposes, the written ITC have also determined that PRCBs from Indonesia, Malaysia, the description of the scope of the order is revocation of the countervailing duty PRC, Taiwan, Thailand, and Vietnam dispositive. (CVD) order on PRCBs from Vietnam and the CVD order on PRCBs from would likely lead to continuation or Vietnam is PRCBs, which may be Continuation of the Orders recurrence of net countervailable referred to as t-shirt sacks, merchandise As a result of the determinations by subsidies and material injury to an bags, grocery bags, or checkout bags. the Department and the ITC that industry in the United States. Therefore, The subject merchandise is defined as revocation of the AD orders and the the Department is publishing a notice of non-sealable sacks and bags with CVD order would likely lead to a continuation of the AD orders and CVD handles (including drawstrings), continuation or recurrence of dumping order. without zippers or integral extruded and, in the case of Vietnam, DATES: Effective Date: May 5, 2016. closures, with or without gussets, with countervailable subsidies, and material FOR FURTHER INFORMATION CONTACT: or without printing, of polyethylene injury to an industry in the United Thomas Schauer or Minoo Hatten, AD/ film having a thickness no greater than States, pursuant to section 751(d)(2) of CVD Operations, Office I, Enforcement 0.035 inch (0.889 mm) and no less than the Act and 19 CFR 351.218(a), the and Compliance, International Trade 0.00035 inch (0.00889 mm), and with no Department hereby orders the Administration, U.S. Department of length or width shorter than 6 inches continuation of the AD orders on PRCBs Commerce, 1401 Constitution Avenue (15.24 cm) or longer than 40 inches from Indonesia, Malaysia, the PRC, NW., Washington, DC 20230; telephone: (101.6 cm). The depth of the bag may be Taiwan, Thailand, and Vietnam and the (202) 482–0410 or (202) 482–1690, CVD order on PRCBs from Vietnam. respectively. Polyethylene Retail Carrier Bags From Malaysia, 69 U.S. Customs and Border Protection will FR 48203 (August 9, 2004); Antidumping Duty continue to collect cash deposits at the SUPPLEMENTARY INFORMATION: Order: Polyethylene Retail Carrier Bags From the People’s Republic of China, 69 FR 48201 (August rates in effect at the time of entry for all Background 9, 2004); Antidumping Duty Order: Polyethylene imports of subject merchandise. Retail Carrier Bags From Thailand, 69 FR 48204 The effective date of the continuation On April 1, 2015, the Department (August 9, 2004); and Polyethylene Retail Carrier of the AD orders and the CVD order will initiated 1 and the ITC instituted 2 five- Bags From the Socialist Republic of Vietnam: be the date of publication in the Federal year (sunset) reviews of the AD orders Countervailing Duty Order, 75 FR 23670 (May 4, 2010). Register of this notice of continuation. on PRCBs from Indonesia, Malaysia, the 4 See Polyethylene Retail Carrier Bags From Pursuant to section 751(c)(2) of the Act PRC, Taiwan, Thailand, and Vietnam, Indonesia, Malaysia, the People’s Republic of and 19 CFR 351.218(c)(2), the and the CVD order on PRCBs from China, Taiwan, Thailand, and the Socialist Department intends to initiate the next Vietnam 3 pursuant to section 751(c) of Republic of Vietnam: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 80 five-year review of these orders not later 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 39997 (July 13, 2015), and Polyethylene Retail than 30 days prior to the fifth Carrier Bags From the Socialist Republic of anniversary of the effective date of this mstockstill on DSK3G9T082PROD with NOTICES FR 17388 (April 1, 2015). Vietnam: Final Results of Expedited First Sunset 2 See Polyethylene Retail Carrier Bags From Review of the Countervailing Duty Order, 80 FR continuation notice. China, Indonesia, Malaysia, Taiwan, Thailand, and 46539 (August 5, 2015). These five-year sunset reviews and Vietnam; Institution of Five-Year Reviews, 80 FR 5 See Polyethylene Retail Carrier Bags From this notice are in accordance with 17490 (April 1, 2015). China, Indonesia, Malaysia, Taiwan, Thailand, and sections 751(c) and 751(d)(2) of the Act 3 See Antidumping Duty Orders: Polyethylene Vietnam; Determinations, 81 FR 23749 (April 22, Retail Carrier Bags From Indonesia, Taiwan, and 2016). See also the letter from the ITC Chairman and published pursuant to section the Socialist Republic of Vietnam, 75 FR 23667 Meredith M. Broadbent to Deputy Assistant 777(i)(1) of the Act and 19 CFR (May 4, 2010); Antidumping Duty Order: Secretary Christian Marsh dated April 18, 2016. 351.218(f)(4). VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1

27088 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices Dated: April 28, 2016. for Hyosung and for the non- agree with Hyosung and, therefore, have Ronald K. Lorentzen, individually examined respondents.2 corrected our Margin Calculation Acting Assistant Secretary for Enforcement Program.3 As a result, the weighted- Scope of the Order and Compliance. average dumping margin for Hyosung [FR Doc. 2016–10625 Filed 5–4–16; 8:45 am] The scope of this order covers large changes from 9.40 percent to 7.89 BILLING CODE 3510–DS–P liquid dielectric power transformers percent. Furthermore, the rate for the (LPTs) having a top power handling respondents not selected for individual capacity greater than or equal to 60,000 examination, which is based on the DEPARTMENT OF COMMERCE kilovolt amperes (60 megavolt amperes), weighted, simple-average of the two whether assembled or unassembled, respondents selected for individual International Trade Administration complete or incomplete. examination, changes from 6.74 percent Incomplete LPTs are subassemblies to 5.98 percent.4 [A–580–867] consisting of the active part and any Hyosung also claimed that the other parts attached to, imported with or Department erred in its application of a Large Power Transformers From the invoiced with the active parts of LPTs. freight-revenue cap, but we find this Republic of Korea: Amended Final The ‘‘active part’’ of the transformer claim does not constitute a ministerial Results of Antidumping Duty consists of one or more of the following error within the meaning of 735(e) of the Administrative Review; 2013–2014 when attached to or otherwise Act or 19 CFR 351.224(f), because our assembled with one another: the steel adjustment is methodological in nature AGENCY: Enforcement and Compliance, core or shell, the windings, electrical and the adjustment we made was International Trade Administration, insulation between the windings, the consistent with our stated intention in Department of Commerce. mechanical frame for an LPT. the Final Results.5 SUMMARY: The Department of Commerce The product definition encompasses Finally, Petitioner argued that the (the Department) is amending its final all such LPTs regardless of name Department made a ministerial error results in the administrative review of designation, including but not limited to when it determined it was not necessary the antidumping duty order on large step-up transformers, step-down to cap sales-related revenues of directly- power transformers from the Republic of transformers, autotransformers, associated expenses in the calculation of Korea (Korea) for the period August 1, interconnection transformers, voltage Hyundai’s final dumping margin. We 2013, through July 31, 2014, to correct regulator transformers, rectifier find that this claim does not constitute a ministerial error. transformers, and power rectifier a ministerial error within the meaning DATES: Effective Date: May 5, 2016. transformers. of 735(e) of the Act or 19 CFR The LPTs subject to this order are 351.224(f), as our decision is FOR FURTHER INFORMATION CONTACT: currently classifiable under subheadings methodological in nature and our intent Brian Davis (Hyosung) or Edythe 8504.23.0040, 8504.23.0080 and to not impose any such caps is reflected Artman (Hyundai), AD/CVD Operations, 8504.90.9540 of the Harmonized Tariff in our final margin calculations.6 Office VI, Enforcement and Compliance, Schedule of the United States (HTSUS). International Trade Administration, Although the HTSUS subheadings are Amended Final Results of the Review U.S. Department of Commerce, 14th provided for convenience and customs The Department determines that the Street and Constitution Avenue NW., purposes, the written description of the following amended weighted-average Washington, DC 20230; telephone: (202) scope of this order is dispositive. dumping margins exist for the period 482–7924 or (202) 482–3931, August 1, 2013, through July 31, 2014: respectively. Ministerial Error Section 751(h) of the Tariff Act of Weighted- SUPPLEMENTARY INFORMATION: 1930, as amended (the Act), and 19 CFR average Background 351.224(f) define a ‘‘ministerial error’’ as Company dumping margin an error ‘‘in addition, subtraction, or On March 6, 2016, the Department (percent) other arithmetic function, clerical error published the final results for the 2013/ resulting from inaccurate copying, Hyosung Corporation .................. 7.89 2014 administrative review of the duplication, or the like, and any other Hyundai Heavy Industries Co., antidumping duty order on large power similar type of unintentional error Ltd ........................................... 4.07 transformers from Korea.1 ILJIN Electric Co., Ltd ................ 5.98 which the Secretary considers On March 16, 2016, Petitioner, ABB ministerial.’’ ILJIN ........................................... 5.98 Inc., and one of the respondents, Hyosung argues that in the Final LSIS Co., Ltd .............................. 5.98 Hyosung Corporation and HICO Results, the Department did not update America, Inc. (collectively, Hyosung), certain programming language in the Disclosure submitted allegations of ministerial Margin Calculation Program. As a result, We will disclose the calculation errors. The other respondent, Hyundai Hyosung contends, the programming memorandum used in our analysis to Heavy Industries Co., Ltd. and Hyundai language did not fully implement the parties to this segment of the proceeding Corporation, USA (collectively, Department’s intended changes. We within five days of the date of the Hyundai) and Petitioner filed comments publication of these amended final on the allegations on March 21, 2016. 2 This analysis is set forth in the Memorandum to results pursuant to 19 CFR 351.224(b). Based on our analysis of the allegations, Christian Marsh, Deputy Assistant Secretary for mstockstill on DSK3G9T082PROD with NOTICES we made changes to the calculation of Antidumping and Countervailing Duty Operations, 3 See Ministerial Error Memorandum at 3. the weighted-average dumping margin from Scot Fullerton, Director, Antidumping and 4 The rate applied to the non-selected companies Countervailing Duty Operations, Office VI, on the subject of ‘‘Ministerial Error Memorandum for the (i.e., ILJIN, ILJIN Electric, and LSIS) is a simple 1 See Large Power Transformers From the Amended Final Results of the 2013/2014 average percentage margin calculated based on Republic of Korea: Final Results of Antidumping Administrative Review of the Antidumping Duty Hyosung’s and Hyundai’s dumping margins for the Duty Administrative Review; 2013–2014, 81 FR Order on Large Power Transformers from the period August 1, 2013, through July 31, 2014. 5 See Ministerial Error Memorandum at 3–5. 14087 (March 6, 2016) and accompanying Issues Republic of Korea’’, dated April 29, 2016 and Decision Memorandum (Final Results). (Ministerial Error Memorandum). 6 Id. at 6–7. VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1


Document Created: 2016-05-05 01:16:02
Document Modified: 2016-05-05 01:16:02
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
ContactThomas Schauer or Minoo Hatten, 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) 482-0410 or (202) 482-1690, respectively.
FR Citation81 FR 27087 
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