81 FR 75378 - Polyethylene Retail Carrier Bags From Malaysia: Final Results of the Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 210 (October 31, 2016)
International Trade Administration
Federal Register Volume 81, Issue 210 (October 31, 2016)
| Page Range | 75378-75379 | |
| FR Document | 2016-26220 |
[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)] [Notices] [Pages 75378-75379] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26220] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-557-813] Polyethylene Retail Carrier Bags From Malaysia: Final Results of the Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 24, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from Malaysia. The review covers one producer/exporter of the subject merchandise, Euro SME Sdn Bhd (Euro SME) for the period of review (POR) August 1, 2014, through July 31, 2015. The final estimated weighted- average dumping margin is listed below in the ``Final Results of Review'' section of this notice. DATES: Effective October 31, 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: Background On June 24, 2016, the Department published the Preliminary Results in the Federal Register, and invited parties to comment.\1\ For events subsequent to the Preliminary Results, see the Department's Final Decision Memorandum.\2\ The Department [[Page 75379]] conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2014- 2015, 81 FR 41294 (June 24, 2016) (Preliminary Results). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for Final Results of Antidumping Duty Administrative Review: Polyethylene Retail Carrier Bags from Malaysia,'' dated concurrently with, and hereby adopted by this notice (Final Decision Memorandum). --------------------------------------------------------------------------- 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) subheading 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 Final Decision Memorandum.\3\ --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the Final Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix. The Final 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 https://access.trade.gov, and to all parties in the Central Records Unit (CRU), Room B8024 of the main Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. Changes Since the Preliminary Results Based on our analysis of comments received, we made one revision that changed the results for Euro SME.\4\ --------------------------------------------------------------------------- \4\ We corrected a programming error in the margin calculation we included in the Preliminary Results. A detailed discussion of the correction we made is in the final analysis memorandum for Euro SME, dated concurrently with this notice, which is available in ACCESS, to registered users at https://access.trade.gov, or available in the CRU. --------------------------------------------------------------------------- Final Results of the Review As a result of this administrative review, we determine that a weighted-average dumping margin of 0.00 percent exists for Euro SME for this POR. Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the final results, in accordance with 19 CFR 351.224(b). Assessment Rates In accordance with 19 CFR 351.212 and the Final Modification,\5\ the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all appropriate entries for Euro SME without regard to antidumping duties. 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 un- reviewed 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. --------------------------------------------------------------------------- \5\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification). --------------------------------------------------------------------------- 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 0.00 percent, 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 in which that manufacturer or exporter participated; (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 for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 84.94 percent.\6\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \6\ This all-others rate was 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 final 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 review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties The Department is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h). Dated: October 24, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum: I. Summary II. Background III. Scope of the Order IV. Margin Calculation V. Discussion of the Issues Issue 1: Whether the U.S. Sale is Bona Fide Issue 2: Home Market Window Period VI. Recommendation [FR Doc. 2016-26220 Filed 10-28-16; 8:45 am] BILLING CODE 3510-DS-P
![75378 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices
Tianhe certified that it is both the On February 24, 2016, the President 751(a)(2)(B) of the Act and 19 CFR
producer and exporter of the subject signed into law the ‘‘Trade Facilitation 351.214 and 351.221(c)(1)(i).
merchandise upon which the request and Trade Enforcement Act of 2015,’’
Christian Marsh,
was based.3 H.R. 644, which made several
DAS for AD/CVD Operations.
Pursuant to section 751(a)(2)(B)(i)(I) of amendments to section 751(a)(2)(B) of
the Act. We will conduct this NSR in [FR Doc. 2016–26148 Filed 10–28–16; 8:45 am]
the Act and 19 CFR 351.214(b)(2)(i),
Jingzhou Tianhe certified that it did not accordance with section 751(a)(2)(B) of BILLING CODE 3510–DS–P
export subject merchandise to the the Act, as amended by the Trade
United States during the period of Facilitation and Trade Enforcement Act
DEPARTMENT OF COMMERCE
investigation (POI).4 In addition, of 2015.9
pursuant to section 751(a)(2)(B)(i)(II) of Unless extended, the Department International Trade Administration
the Act and 19 CFR 351.214(b)(2)(iii)(A), intends to issue the preliminary results
Jingzhou Tianhe certified that, since the of this NSR no later than 180 days from [A–557–813]
initiation of the investigation, it has the date of initiation and final results of
never been affiliated with any exporter Polyethylene Retail Carrier Bags From
the review no later than 90 days after
or producer who exported subject Malaysia: Final Results of the
the date the preliminary results are Antidumping Duty Administrative
merchandise to the United States during issued.10
the POI, including those respondents Review; 2014–2015
not individually examined during the It is the Department’s usual practice,
in cases involving non-market economy AGENCY: Enforcement and Compliance,
POI.5 As required by 19 CFR International Trade Administration,
351.214(b)(2)(iii)(B), Jingzhou Tianhe countries, to require that a company
seeking to establish eligibility for an Department of Commerce.
also certified that its export activities
antidumping duty rate separate from the SUMMARY: On June 24, 2016, the
were not controlled by the government
of the PRC.6 country-wide rate provide evidence of Department of Commerce (the
de jure and de facto absence of Department) published the preliminary
In addition to the certifications
government control over the company’s results of the administrative review of
described above, pursuant to 19 CFR
export activities. Accordingly, we will the antidumping duty order on
351.214(b)(2), Jingzhou Tianhe
issue a questionnaire to Jingzhou Tianhe polyethylene retail carrier bags (PRCBs)
submitted documentation establishing
which will include a section requesting from Malaysia. The review covers one
the following: (1) The date on which it
information concerning its eligibility for producer/exporter of the subject
first shipped subject merchandise for
a separate rate. We will rescind the NSR merchandise, Euro SME Sdn Bhd (Euro
export to the United States; (2) the
of Jingzhou Tianhe if we determine that SME) for the period of review (POR)
volume of its first shipment; and (3) the
Jingzhou Tianhe has not demonstrated August 1, 2014, through July 31, 2015.
date of its first sale to an unaffiliated
that it is eligible for a separate rate. The final estimated weighted-average
customer in the United States.7
dumping margin is listed below in the
Period of Review Because Jingzhou Tianhe certified ‘‘Final Results of Review’’ section of this
that it produced and exported subject notice.
In accordance with 19 CFR merchandise, the sale of which is the
351.214(g)(1)(i)(A), the period of review DATES: Effective October 31, 2016.
basis for the request for a NSR, we will
(POR) for a NSR initiated in the month instruct CBP to continue to suspend FOR FURTHER INFORMATION CONTACT:
immediately following the anniversary liquidation of all entries of subject Bryan Hansen or Minoo Hatten, AD/
month will be the twelve-month period merchandise produced and exported by CVD Operations, Office I, Enforcement
immediately preceding the anniversary Jingzhou Tianhe. and Compliance, International Trade
month. Therefore, the POR for this NSR Administration, U.S. Department of
To assist in its analysis of the bona
is September 1, 2015, through August Commerce, 1401 Constitution Avenue
fides of Jingzhou Tianhe’s sales, upon NW., Washington, DC 20230; telephone:
31, 2016.
initiation of this NSR, the Department (202) 482–3683 or (202) 482–1690,
Initiation of New Shipper Review will require Jingzhou Tianhe to submit respectively.
on an ongoing basis complete
Pursuant to section 751(a)(2)(B) of the SUPPLEMENTARY INFORMATION:
transaction information concerning any
Act and 19 CFR 351.214(b), we find that
sales of subject merchandise to the Background
the request from Jingzhou Tianhe meets
United States that were made
the threshold requirements for initiation On June 24, 2016, the Department
subsequent to the POR.
of a NSR for shipments of freshwater published the Preliminary Results in the
crawfish tail meat from the PRC Interested parties requiring access to Federal Register, and invited parties to
produced and exported by Jingzhou proprietary information in the NSR comment.1 For events subsequent to the
Tianhe.8 should submit applications for Preliminary Results, see the
disclosure under administrative Department’s Final Decision
3 Id., at 2. protective order, in accordance with 19 Memorandum.2 The Department
4 Id., at Attachment 1. CFR 351.305 and 351.306.
5 Id.
6 Id.
This initiation and notice are 1 See Polyethylene Retail Carrier Bags From
published in accordance with section Malaysia: Preliminary Results of Antidumping Duty
7 Id., at Attachment 2; see also Jingzhou Tianhe’s Administrative Review; 2014–2015, 81 FR 41294
sradovich on DSK3GMQ082PROD with NOTICES
October 14, 2016, response to the Department’s (June 24, 2016) (Preliminary Results).
request for additional information, dated October 3, 9 Notably, the Trade Facilitation and Trade 2 See Memorandum from Christian Marsh, Deputy
2016. Enforcement Act of 2015 removed from section Assistant Secretary for Antidumping and
8 See the memorandum to the file entitled, 751(a)(2)(B) of the Act the provision directing the Countervailing Duty Operations, to Ronald K.
‘‘Freshwater Crawfish Tail Meat From the People’s Department to instruct U.S. Customs and Border Lorentzen, Acting Assistant Secretary for
Republic of China: Initiation Checklist for Protection (CBP) to allow an importer the option of Enforcement and Compliance, ‘‘Issues and Decision
Antidumping Duty New Shipper Review of posting a bond or security in lien of a cash deposit Memorandum for Final Results of Antidumping
Jingzhou Tianhe Aquatic Products Co., Ltd.,’’ dated during the pendency of an NSR. Duty Administrative Review: Polyethylene Retail
concurrently with this notice. 10 See section 751(a)(2)(B)(iv) of the Act. Carrier Bags from Malaysia,’’ dated concurrently
VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1](https://thefederalregister.org/doc/81_FR_75588/page/1.svg)
![Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices 75379
conducted this review in accordance Assessment Rates certificate regarding the reimbursement
with section 751 of the Tariff Act of In accordance with 19 CFR 351.212 of antidumping duties prior to
1930, as amended (the Act). and the Final Modification,5 the liquidation of the relevant entries
Department will instruct U.S. Customs during this review period. Failure to
Scope of the Order comply with this requirement could
and Border Protection (CBP) to liquidate
The merchandise subject to the order all appropriate entries for Euro SME result in the Secretary’s presumption
is PRCBs. The product is currently without regard to antidumping duties. that reimbursement of antidumping
classified under the Harmonized Tariff For entries of subject merchandise duties occurred and the subsequent
Schedules of the United States (HTSUS) during the POR produced by Euro SME assessment of double antidumping
subheading 3923.21.0085. While the for which it did not know its duties.
HTSUS subheading is provided for merchandise was destined for the Administrative Protective Orders
convenience and customs purposes, the United States, we will instruct CBP to
liquidate un-reviewed entries at the all- This notice also serves as a reminder
written description is dispositive. A full
others rate if there is no rate for the to parties subject to administrative
description of the scope of the order is
intermediate company(ies) involved in protective order (APO) of their
contained in the Final Decision
the transaction. We intend to issue responsibility concerning the
Memorandum.3
instructions to CBP 15 days after destruction of proprietary information
Analysis of Comments Received publication of the final results of this disclosed under APO in accordance
review. with 19 CFR 351.305(a)(3). Timely
All issues raised in the case and written notification of the return or
rebuttal briefs by parties to this review Cash Deposit Requirements destruction of APO materials or
are addressed in the Final Decision The following deposit requirements conversion to judicial protective order is
Memorandum, which is hereby adopted will be effective upon publication of the hereby requested. Failure to comply
by this notice. A list of the issues raised notice of final results of administrative with the regulations and terms of an
is attached to this notice as Appendix. review for all shipments of PRCBs from APO is a sanctionable violation.
The Final Decision Memorandum is a Malaysia entered, or withdrawn from
public document and is on file Notification to Interested Parties
warehouse, for consumption on or after
electronically via Enforcement and the date of publication as provided by The Department is issuing and
Compliance’s Antidumping and section 751(a)(2) of the Act: (1) The cash publishing these final results of
Countervailing Duty Centralized deposit rate for Euro SME will be 0.00 administrative review in accordance
Electronic Service System (ACCESS). percent, the rate established in the final with sections 751(a)(1) and 777(i)(1) of
ACCESS is available to registered users results of this administrative review; (2) the Act, and 19 CFR 351.213(h).
at https://access.trade.gov, and to all for merchandise exported by Dated: October 24, 2016.
parties in the Central Records Unit manufacturers or exporters not covered Ronald K. Lorentzen,
(CRU), Room B8024 of the main in this review but covered in a prior Acting Assistant Secretary for Enforcement
Department of Commerce building. In segment of the proceeding, the cash and Compliance.
addition, a complete version of the Final deposit rate will continue to be the
Decision Memorandum can be accessed company-specific rate published for the Appendix
directly on the Internet at http:// most recently completed segment of this List of Topics Discussed in the Final
enforcement.trade.gov/frn/index.html. proceeding in which that manufacturer Decision Memorandum:
Changes Since the Preliminary Results or exporter participated; (3) if the I. Summary
exporter is not a firm covered in this II. Background
Based on our analysis of comments review, a prior review, or the original III. Scope of the Order
received, we made one revision that investigation but the manufacturer is, IV. Margin Calculation
changed the results for Euro SME.4 the cash deposit rate will be the rate V. Discussion of the Issues
established for the manufacturer of the Issue 1: Whether the U.S. Sale is Bona Fide
Final Results of the Review Issue 2: Home Market Window Period
merchandise for the most recently
VI. Recommendation
completed segment of this proceeding
As a result of this administrative [FR Doc. 2016–26220 Filed 10–28–16; 8:45 am]
for the manufacturer of the
review, we determine that a weighted- BILLING CODE 3510–DS–P
merchandise; (4) the cash deposit rate
average dumping margin of 0.00 percent
for all other manufacturers or exporters
exists for Euro SME for this POR.
will continue to be 84.94 percent.6
These cash deposit requirements, when DEPARTMENT OF COMMERCE
Disclosure
imposed, shall remain in effect until International Trade Administration
We intend to disclose the calculations further notice.
performed to parties in this proceeding [Docket No. 161012954–6954–01]
within five days after public Notification to Importers
announcement of the final results, in This notice serves as a final reminder Call for Applications for the
accordance with 19 CFR 351.224(b). to importers of their responsibility International Buyer Program Calendar
under 19 CFR 351.402(f)(2) to file a Year 2018
with, and hereby adopted by this notice (Final
sradovich on DSK3GMQ082PROD with NOTICES
Decision Memorandum). 5 See Antidumping Proceedings: Calculation of
AGENCY: International Trade
3 Id. the Weighted-Average Dumping Margin and Administration, Department of
4 We corrected a programming error in the margin Assessment Rate in Certain Antidumping Duty Commerce.
calculation we included in the Preliminary Results. Proceedings; Final Modification, 77 FR 8101, 8102
ACTION: Notice and call for applications.
A detailed discussion of the correction we made is (February 14, 2012) (Final Modification).
in the final analysis memorandum for Euro SME, 6 This all-others rate was established in the Notice
dated concurrently with this notice, which is of Final Determination of Sales at Less Than Fair
SUMMARY: In this notice, the U.S.
available in ACCESS, to registered users at https:// Value: Polyethylene Retail Carrier Bags From Department of Commerce (DOC)
access.trade.gov, or available in the CRU. Malaysia, 69 FR 34128 (June 18, 2004). International Trade Administration
VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1](https://thefederalregister.org/doc/81_FR_75588/page/2.svg)
Document Created: 2018-02-02 12:13:34
Document Modified: 2018-02-02 12:13:34
| 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 | |
| Dates | Effective October 31, 2016. | |
| 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 75378 |
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