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)

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, 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\
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    \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