81 FR 41294 - Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 122 (June 24, 2016)
International Trade Administration
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41294-41296 | |
| FR Document | 2016-15011 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Notices] [Pages 41294-41296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15011] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-557-813] Polyethylene Retail Carrier Bags From Malaysia: 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 Malaysia. The period of review (POR) is August 1, 2014, through July 31, 2015. The review covers one producer/exporter of the subject merchandise, Euro SME Sdn Bhd (Euro SME). We preliminarily find that Euro SME has sold subject merchandise at less than normal value during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: June 24, 2016. FOR FURTHER INFORMATION CONTACT: Bryan Hansen 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) 482-3683 or (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is PRCBs. The product is currently classified under the Harmonized Tariff Schedules of the United States (HTSUS) item number 3923.21.0085. While the HTSUS subheading is 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.\1\ --------------------------------------------------------------------------- \1\ See memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Polyethylene Retail Carrier Bags from Malaysia'' dated concurrently with this notice (Preliminary Decision Memorandum), which is hereby adopted by this notice. --------------------------------------------------------------------------- Bona Fides Analysis We have analyzed the information provided by Euro SME in this POR to determine whether the company's sale under review was made in a bona fide manner and, as such, should be reviewed under the administrative review provisions of the regulations. See section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213. Where a review is based on a single sale, exclusion of that sale as non-bona fide necessarily must end the review.\2\ Accordingly, as discussed in Euro SME's Bona Fides Memorandum, we preliminarily find Euro SME's sale to be bona fide and determine to continue conducting this administrative review.\3\ --------------------------------------------------------------------------- \2\ See Tianjin Tiancheng Pharm. Co., Ltd. v. United States, 366 F. Supp. 2d 1249 (CIT 2005) (Tianjin Tiancheng) (quoting Certain Preserved Mushrooms From the People's Republic of China: Final Results and Partial Rescission of the New Shipper Review and Final Results and Partial Rescission of the Third Antidumping Duty Administrative Review, 68 FR 41304 (July 11, 2003) and accompanying Issues and Decision Memorandum at Comment 2). \3\ See Memorandum to The File entitled ``2014-2015 Administrative Review of Polyethylene Retail Carrier Bags from Malaysia--Preliminary Bona Fides Sales Analysis of Euro SME Sdn Bhd,'' dated concurrently with this notice, for more details including certain business proprietary information. --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section [[Page 41295]] 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of the Review As a result of this review, we preliminarily determine that a weighted-average dumping margin of 11.53 percent exists for Euro SME for the period August 1, 2014, through July 31, 2015. Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit cases 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.\4\ 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.\5\ --------------------------------------------------------------------------- \4\ See 19 CFR 351.309(d). \5\ Id., and 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, 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 p.m. Eastern Time within 30 days after the date of publication of this notice.\6\ Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \6\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine and CBP shall assess antidumping duties on all appropriate entries. If Euro SME's weighted-average dumping margin continues to be above de minimis in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for the importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). If Euro SME's weighted-average dumping margin is zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., ``{w{time} here the weighted-average margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.'' \7\ --------------------------------------------------------------------------- \7\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012). --------------------------------------------------------------------------- For entries of subject merchandise during the POR produced by Euro SME for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this 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 Malaysia 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 Euro SME will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the manufacturer of the merchandise for the most recently completed segment of this proceeding; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 84.94percent.\8\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ The all-others rate established in the Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From Malaysia, 69 FR 34128 (June 18, 2004). --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: June 20, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum A. Summary B. Background C. Scope of the Order D. Bona Fide Analysis E. Comparisons to Normal Value 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis F. Product Comparisons G. Date of Sale H. Export Price I. Normal Value 1. Home Market Viability as Comparison Market 2. Level of Trade 3. Cost of Production [[Page 41296]] 4. Calculation of Normal Value Based on Comparison Market Prices J. Currency Conversion K. Recommendation [FR Doc. 2016-15011 Filed 6-23-16; 8:45 am] BILLING CODE 3510-DS-P
![41294 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
information relating to this refers to strands and junctions that are Administration, U.S. Department of
investigation. We will allow the ITC homogenous with each other. The products Commerce, 1401 Constitution Avenue
access to all privileged and business covered have a tensile strength of greater NW., Washington, DC 20230; telephone:
than 5 kilonewtons per meter (‘‘kN/m’’)
proprietary information in our files, (202) 482–3683 or (202) 482–1690,
according to American Society for Testing
provided the ITC confirms that it will and Materials (‘‘ASTM’’) Standard Test respectively.
not disclose such information, either Method D6637/D6637M in any direction and SUPPLEMENTARY INFORMATION:
publicly or under an administrative average overall flexural stiffness of more than
protective order, without the written 100,000 milligram-centimeter according to Scope of the Order
consent of the Assistant Secretary for the ASTM D7748/D7748M Standard Test The merchandise subject to the order
Enforcement and Compliance. Method for Flexural Rigidity of Geogrids,
Geotextiles and Related Products, or other is PRCBs. The product is currently
In accordance with section 705(b)(2) classified under the Harmonized Tariff
of the Act, if our final determination is equivalent test method standards.
Subject merchandise includes material Schedules of the United States (HTSUS)
affirmative, the ITC will make its final matching the above description that has been item number 3923.21.0085. While the
determination within 45 days after the finished, packaged, or otherwise further HTSUS subheading is provided for
Department makes its final processed in a third country, including by convenience and customs purposes, the
determination. trimming, slitting, coating, cutting, punching written description is dispositive. A full
This determination is issued and holes, stretching, attaching to woven or non- description of the scope of the order is
published pursuant to sections 703(f) woven fabric or sheet material, or any other
finishing, packaging, or other further contained in the Preliminary Decision
and 777(i) of the Act and 19 CFR Memorandum.1
351.205(c). processing that would not otherwise remove
the merchandise from the scope of the Bona Fides Analysis
Dated: June 17, 2016. investigation if performed in the country of
Paul Piquado, manufacture of the biaxial integral geogrid. We have analyzed the information
Assistant Secretary for Enforcement and The products subject to the scope are provided by Euro SME in this POR to
Compliance. currently classified in the Harmonized Tariff determine whether the company’s sale
Schedule of the United States (‘‘HTSUS’’) under review was made in a bona fide
Appendix I under the following subheading: manner and, as such, should be
3926.90.9995. Subject merchandise may also
List of Topics Discussed in the Preliminary enter under subheadings 3920.20.0050 and reviewed under the administrative
Decision Memo 3925.90.0000. The HTSUS subheadings set review provisions of the regulations. See
I. Summary forth above are provided for convenience and section 751(a)(2)(B) of the Tariff Act of
II. Background U.S. Customs purposes only. The written 1930, as amended (the Act), and 19 CFR
III. Scope Comments description of the scope is dispositive. 351.213. Where a review is based on a
IV. Scope of the Investigation [FR Doc. 2016–15007 Filed 6–23–16; 8:45 am] single sale, exclusion of that sale as non-
V. Alignment bona fide necessarily must end the
BILLING CODE 3510–DS–P
VI. Respondent Selection review.2 Accordingly, as discussed in
VII. Preliminary Determination of Critical
Circumstances
Euro SME’s Bona Fides Memorandum,
VIII. Injury Test DEPARTMENT OF COMMERCE we preliminarily find Euro SME’s sale
IX. Application of Countervailing Duty Law to be bona fide and determine to
to Imports from the PRC International Trade Administration continue conducting this administrative
X. Subsidies Valuation [A–557–813] review.3
XI. Benchmarks and Interest Rates
XII. Use of Facts Otherwise Available and Methodology
Polyethylene Retail Carrier Bags From
Adverse Inferences The Department conducted this
Malaysia: Preliminary Results of
XIII. Analysis of Programs review in accordance with section
XIV. Verification Antidumping Duty Administrative
Review; 2014–2015 751(a)(2) of the Tariff Act of 1930, as
XV. Conclusion
amended (the Act). Export price is
Appendix II AGENCY: Enforcement and Compliance, calculated in accordance with section
International Trade Administration,
The merchandise covered by the Department of Commerce. 1 See memorandum from Christian Marsh, Deputy
investigation is certain biaxial integral Assistant Secretary for Antidumping and
geogrid products. Biaxial integral geogrid SUMMARY: The Department of Commerce
Countervailing Duty Operations, to Paul Piquado,
products are a polymer grid or mesh material (the Department) is conducting an Assistant Secretary for Enforcement and
(whether or not finished, slit, cut-to-length, administrative review of the Compliance, ‘‘Decision Memorandum for
attached to woven or non-woven fabric or antidumping duty order on Preliminary Results of Antidumping Duty
sheet material, or packaged) in which four- polyethylene retail carrier bags (PRCBs) Administrative Review: Polyethylene Retail Carrier
sided openings in the form of squares, Bags from Malaysia’’ dated concurrently with this
from Malaysia. The period of review notice (Preliminary Decision Memorandum), which
rectangles, rhomboids, diamonds, or other (POR) is August 1, 2014, through July is hereby adopted by this notice.
four-sided figures predominate. The products 31, 2015. The review covers one 2 See Tianjin Tiancheng Pharm. Co., Ltd. v.
covered have integral strands that have been
stretched to induce molecular orientation
producer/exporter of the subject United States, 366 F. Supp. 2d 1249 (CIT 2005)
merchandise, Euro SME Sdn Bhd (Euro (Tianjin Tiancheng) (quoting Certain Preserved
into the material (as evidenced by the strands Mushrooms From the People’s Republic of China:
being thinner toward the middle between the SME). We preliminarily find that Euro Final Results and Partial Rescission of the New
junctions than at the junctions themselves) SME has sold subject merchandise at Shipper Review and Final Results and Partial
constituting the sides of the openings and less than normal value during the POR. Rescission of the Third Antidumping Duty
sradovich on DSK3GDR082PROD with NOTICES
integral junctions where the strands intersect. Interested parties are invited to Administrative Review, 68 FR 41304 (July 11, 2003)
The scope includes products in which four- and accompanying Issues and Decision
comment on these preliminary results. Memorandum at Comment 2).
sided figures predominate whether or not DATES: Effective Date: June 24, 2016. 3 See Memorandum to The File entitled ‘‘2014–
they also contain additional strands 2015 Administrative Review of Polyethylene Retail
intersecting the four-sided figures and FOR FURTHER INFORMATION CONTACT:
Carrier Bags from Malaysia—Preliminary Bona
whether or not the inside corners of the four- Bryan Hansen or Minoo Hatten, AD/ Fides Sales Analysis of Euro SME Sdn Bhd,’’ dated
sided figures are rounded off or not sharp CVD Operations, Office I, Enforcement concurrently with this notice, for more details
angles. As used herein, the term ‘‘integral’’ and Compliance, International Trade including certain business proprietary information.
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![41296 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
4. Calculation of Normal Value Based on FOR FURTHER INFORMATION CONTACT: expenditures associated with
Comparison Market Prices Arturo Herrera or Amy Hapeman, (301) recreational coral reef diving activities
J. Currency Conversion 427–8401. in South Florida. The survey will also
K. Recommendation collect information on divers’ attitudes,
SUPPLEMENTARY INFORMATION: The
[FR Doc. 2016–15011 Filed 6–23–16; 8:45 am] subject permit is requested under the preferences, and concerns about
BILLING CODE 3510–DS–P authority of the Endangered Species Act recreational diving and coral reefs
of 1973, as amended (ESA; 16 U.S.C. health in South Florida. We are
1531 et seq.) and the regulations conducting this survey to improve our
DEPARTMENT OF COMMERCE governing the taking, importing, and understanding of divers’ expenditure
exporting of endangered and threatened patterns and to estimate the economic
National Oceanic and Atmospheric impact of coral reef related spending.
Administration species (50 CFR parts 222–226).
The applicant requests a five-year Results of the survey will be used to
RIN 0648–XE684 permit to sample sea turtles incidentally inform coastal resource management
caught during commercial fishing planning and establish a baseline for
Endangered Species; File No. 20197 operations by Northeast Fisheries outreach and education. The
AGENCY: National Marine Fisheries Science Center (NEFSC) certified expenditure survey is also expected to
Service (NMFS), National Oceanic and observers. The purpose of this project is provide useful information for local
Atmospheric Administration (NOAA), to monitor the take of sea turtle species economic and business interests.
Commerce. in observed commercial fisheries and Affected Public: Individuals or
collect data to estimate total bycatch households.
ACTION: Notice; receipt of application.
Observers would be authorized to Frequency: One time.
SUMMARY: Notice is hereby given that measure, flipper tag, tissue sample, Respondent’s Obligation: Voluntary.
NMFS Northeast Fisheries Science photograph, and video live sea turtles This information collection request
Center, 166 Water Street, Woods Hole, and to salvage carcasses and parts from may be viewed at reginfo.gov. Follow
MA 025433–3149 [Responsible Party: dead sea turtles. the instructions to view Department of
Dr. William Karp] has applied in due Up to 50 loggerhead, 10 Kemp’s Commerce collections currently under
form for a permit to take loggerhead ridley, 10 green, 20 leatherback, and 20 review by OMB.
unidentified sea turtles would be Written comments and
(Caretta caretta), green (Chelonia
sampled annually. recommendations for the proposed
mydas), Kemp’s ridley (Lepidochelys
information collection should be sent
kempii), leatherback (Dermochelys Dated: June 21, 2016.
within 30 days of publication of this
coriacea), and unidentified hardshell Jolie Harrison,
notice to OIRA_Submission@
sea turtles for purposes of scientific Chief, Permits and Conservation Division, omb.eop.gov or fax to (202) 395–5806.
research. Office of Protected Resources, National
Marine Fisheries Service. Dated: June 21, 2016.
DATES: Written, telefaxed, or email
[FR Doc. 2016–14989 Filed 6–23–16; 8:45 am] Sarah Brabson,
comments must be received on or before
July 25, 2016. BILLING CODE 3510–22–P NOAA PRA Clearance Officer.
[FR Doc. 2016–14988 Filed 6–23–16; 8:45 am]
ADDRESSES: The application and related
BILLING CODE 3510–22–P
documents are available for review by
DEPARTMENT OF COMMERCE
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on National Oceanic and Atmospheric DEPARTMENT OF COMMERCE
the Applications and Permits for Administration
Protected Species (APPS) home page, National Oceanic and Atmospheric
https://apps.nmfs.noaa.gov, and then Submission for OMB Review; Administration
selecting File No. 20197 from the list of Comment Request
available applications. RIN 0648–XE656
These documents are also available The Department of Commerce will
upon written request or by appointment submit to the Office of Management and Availability of the Draft Report to
in the Permits and Conservation Budget (OMB) for clearance the Congress: Section 404 Fisheries
Division, Office of Protected Resources, following proposal for collection of Research
NMFS, 1315 East-West Highway, Room information under the provisions of the
AGENCY: National Marine Fisheries
13705, Silver Spring, MD 20910; phone Paperwork Reduction Act (44 U.S.C.
Service (NMFS), National Oceanic and
(301) 427–8401; fax (301) 713–0376. Chapter 35).
Atmospheric Administration (NOAA),
Written comments on this application Agency: National Oceanic and
Commerce.
should be submitted to the Chief, Atmospheric Administration (NOAA).
Title: Economic Impacts of Diving and ACTION: Notice of availability; request
Permits and Conservation Division, at for comments.
the address listed above. Comments may Snorkeling Expenditures in Southern
also be submitted by facsimile to (301) Florida. SUMMARY: NMFS is releasing the draft
OMB Control Number: 0648–xxxx. Report to Congress on Fisheries
713–0376, or by email to Form Number(s): None.
NMFS.Pr1Comments@noaa.gov. Please Type of Request: Regular (request for Research in accordance with section 404
include the File No. in the subject line a new information collection). of the Magnuson-Stevens Fishery
of the email comment. Conservation and Management Act
sradovich on DSK3GDR082PROD with NOTICES
Number of Respondents: 2,000.
Those individuals requesting a public Average Hours per Response: 10 (MSA) for public review and comment.
hearing should submit a written request minutes. Additional information, including the
to the Chief, Permits and Conservation Burden Hours: 333. draft Report for download, may be
Division at the address listed above. The Needs and Uses: This request is for a found at: http://www.st.nmfs.noaa.gov/
request should set forth the specific new collection of information. strategic-plan/MSA-Section-404-Report-
reasons why a hearing on this The objective of the survey will be to 2016/msa-section-404-report-to-
application would be appropriate. understand divers’ and snorkelers’ congress-2016.
VerDate Sep<11>2014 17:43 Jun 23, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1](https://thefederalregister.org/doc/81_FR_41416/page/3.svg)
Document Created: 2016-06-24 00:52:54
Document Modified: 2016-06-24 00:52:54
| 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 | Bryan Hansen 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) 482-3683 or (202) 482-1690, respectively. | |
| FR Citation | 81 FR 41294 |
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