82 FR 16792 - Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 65 (April 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 65 (April 6, 2017)
| Page Range | 16792-16793 | |
| FR Document | 2017-06822 |
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)] [Notices] [Pages 16792-16793] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06822] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-557-813] Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on Polyethylene Retail Carrier Bags (``PRCBs'') from Malaysia, covering the period of review (``POR'') August 1, 2015, through July 31, 2016. The review covers one producer/exporter of subject merchandise, Euro SME Sdn Bhd (``Euro SME''). The Department preliminarily determines that Euro SME did not have reviewable entries during the POR. We invite interested parties to comment on these preliminary results. DATES: Effective April 6, 2017. FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7814. SUPPLEMENTARY INFORMATION: Background On August 5, 2016, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on PRCBs from Malaysia for the POR.\1\ On August 31, 2016, in response to a timely request from Petitioners,\2\ and in accordance with section 751(a) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.221(c)(1)(i), the Department initiated an administrative review of the antidumping duty order on PRCBs from Malaysia with respect to Euro SME.\3\ --------------------------------------------------------------------------- \1\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 81 FR 51850 (August 5, 2016). \2\ See Letter from Polyethylene Retail Bags Committee and its individual members Hilex Poly Co., LLC and Superbag Corp. (``Petitioners''), ``Polyethylene Retail Carrier Bags from Malaysia: Request for Administrative Review,'' dated August 31, 2016. \3\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 71061 (October 14, 2016). --------------------------------------------------------------------------- Scope of the Order The merchandise subject to this antidumping duty order is polyethylene retail carrier bags (PRCBs), which also 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 (15.24 cm) 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 this antidumping duty order excludes (1) PRCBs that are not printed with logos or store names and that are closeable with drawstrings made of polyethylene film and (2) PRCBs 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. Imports of merchandise included within the scope of this antidumping duty order are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (``HTSUS''). This subheading may also cover products that are outside the scope of this antidumping duty order. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this antidumping duty order is dispositive. Preliminary Determination of No Shipments Subsequent to the initiation of this administrative review, the Department received a timely submission from Euro SME certifying that it did not have sales, shipments, or exports of subject merchandise to the United States during the POR.\4\ On October 16, 2016, the Department requested entry data from U.S. Customs and Border Protection (``CBP'') for subject merchandise [[Page 16793]] exported by Euro SME and imported into the United States during the POR.\5\ This query returned no entries during the POR.\6\ Further, the Department transmitted a ``no-shipments'' inquiry to CBP requesting that it provide any information to the contrary, should such information exist.\7\ On November 7, 2016, the Department was notified by CBP that there were no shipments of PRCBs from Malaysia during the POR.\8\ Consistent with our practice, we preliminarily determine that Euro SME had no shipments and, therefore, no reviewable entries during the POR. In addition, we find it is not appropriate to rescind the review with respect to Euro SME but, rather, to complete the review and issue appropriate instructions to CBP based on the final results of the review, consistent with our practice.\9\ --------------------------------------------------------------------------- \4\ See Letter from Euro SME, ``Polyethylene Retail Carrier Bags from Malaysia; No Shipment Certification,'' dated October 18, 2016. \5\ See Memorandum to the File, ``U.S. Customs and Border Protection--No Shipment Inquiry Data,'' dated October 19, 2016. \6\ Id. \7\ See CBP message 6295302, dated October 21, 2016. \8\ See Memorandum to the File ``U.S. Customs and Border Protection--No Shipment Inquiry Data,'' dated November 7, 2016. \9\ See e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 (August 28, 2014). --------------------------------------------------------------------------- Public Comment Interested parties may submit case briefs to the Department no 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 no later than five days after the time limit for filing case briefs.\10\ 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.\11\ Case and rebuttal briefs should be filed using ACCESS.\12\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.309(d). \11\ See 19 CFR 351.309(c)(2) and (d)(2). \12\ See 19 CFR 351.303. --------------------------------------------------------------------------- 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 ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.\13\ Hearing 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 issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\14\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.310(c). \14\ Id. --------------------------------------------------------------------------- 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, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h), unless this deadline is extended. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\15\ In accordance with the Department's practice, for entries of subject merchandise during the POR for which Euro SME did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all- others rate if there is no rate for the intermediate company(ies) involved in the transaction.\16\ We intend to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. --------------------------------------------------------------------------- \15\ See 19 CFR 351.212(b). \16\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) For Euro SME, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to Euro SME in the most recently completed review of the company; (2) for previously investigated or reviewed 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; and (4) the cash deposit rate for all other manufacturers or exporters is 2.40 percent. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also 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 period. Failure to comply with this requirement may result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4). Dated: March 30, 2017. Ronald K. Lorentzen, Acting Assistant Secretary For Enforcement and Compliance. [FR Doc. 2017-06822 Filed 4-5-17; 8:45 am] BILLING CODE 3510-DS-P
![16792 Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
Net VI. Recommendation Scope of the Order
countervailable [FR Doc. 2017–06832 Filed 4–5–17; 8:45 am] The merchandise subject to this
Producers/exporters subsidy rates
(percent) BILLING CODE 3510–DS–P antidumping duty order is polyethylene
retail carrier bags (PRCBs), which also
India may be referred to as t-shirt sacks,
DEPARTMENT OF COMMERCE merchandise bags, grocery bags, or
Steel Authority of India checkout bags. The subject merchandise
(SAIL) ................................ 12.82 International Trade Administration
is defined as non-sealable sacks and
All Others .............................. 12.82 [A–557–813] bags with handles (including
drawstrings), without zippers or integral
Indonesia Polyethylene Retail Carrier Bags From extruded closures, with or without
Malaysia: Preliminary Results of gussets, with or without printing, of
P.T. Krakatau Steel .............. 47.71 Antidumping Duty Administrative
All Others 3 ........................... 15.90 polyethylene film having a thickness no
Review; 2015–2016 greater than 0.035 inch (0.889 mm) and
Korea Enforcement and Compliance,
AGENCY: no less than 0.00035 inch (0.00889 mm),
International Trade Administration, and with no length or width shorter
Dongkuk Steel Mill, Ltd. ....... 1.39 Department of Commerce. than 6 inches (15.24 cm) or longer than
All Others 4 ........................... 1.39 40 inches (101.6 cm). The depth of the
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an bag may be shorter than 6 inches (15.24
Notification Regarding Administrative administrative review of the cm) but not longer than 40 inches (101.6
Protective Order antidumping duty order on cm).
PRCBs are typically provided without
This notice serves as the only Polyethylene Retail Carrier Bags
any consumer packaging and free of
reminder to parties subject to (‘‘PRCBs’’) from Malaysia, covering the
charge by retail establishments, e.g.,
administrative protective order (APO) of period of review (‘‘POR’’) August 1, grocery, drug, convenience, department,
their responsibility concerning the 2015, through July 31, 2016. The review
specialty retail, discount stores, and
return or destruction of proprietary covers one producer/exporter of subject
restaurants to their customers to
information disclosed under APO in merchandise, Euro SME Sdn Bhd (‘‘Euro
package and carry their purchased
accordance with 19 CFR 351.305. SME’’). The Department preliminarily
products. The scope of this antidumping
Timely notification of return/ determines that Euro SME did not have
duty order excludes (1) PRCBs that are
destruction of APO materials or reviewable entries during the POR. We
not printed with logos or store names
conversion to judicial protective order is invite interested parties to comment on and that are closeable with drawstrings
hereby requested. Failure to comply these preliminary results.
made of polyethylene film and (2)
with the regulations and the terms of an DATES: Effective April 6, 2017. PRCBs that are packed in consumer
APO is a sanctionable violation. FOR FURTHER INFORMATION CONTACT: Alex packaging with printing that refers to
Rosen, AD/CVD Operations, Office III, specific end-uses other than packaging
We are issuing and publishing these
Enforcement and Compliance, and carrying merchandise from retail
results and this notice in accordance
International Trade Administration, establishments, e.g., garbage bags, lawn
with sections 751(c), 752, and 777(i)(1)
U.S. Department of Commerce, 1401 bags, trash-can liners.
of the Act.
Constitution Avenue NW., Washington, Imports of merchandise included
Dated: March 31, 2017. DC 20230; telephone: (202) 482–7814. within the scope of this antidumping
Ronald K. Lorentzen, SUPPLEMENTARY INFORMATION: duty order are currently classifiable
Acting Assistant Secretary for Enforcement under statistical category 3923.21.0085
Background
and Compliance. of the Harmonized Tariff Schedule of
On August 5, 2016, the Department the United States (‘‘HTSUS’’). This
Appendix I published a notice of opportunity to subheading may also cover products
List of Topics Discussed in the Issues and request an administrative review of the that are outside the scope of this
Decision Memorandum antidumping duty order on PRCBs from antidumping duty order. Although the
I. Summary Malaysia for the POR.1 On August 31, HTSUS subheading is provided for
II. History of the Orders 2016, in response to a timely request convenience and customs purposes, the
III. Discussion of the Issues from Petitioners,2 and in accordance written description of the scope of this
A. Continuation of Recurrence of a with section 751(a) of the Tariff Act of antidumping duty order is dispositive.
Countervailable Subsidy 1930, as amended (the ‘‘Act’’), and 19
B. Net Countervailable Subsidy Likely to CFR 351.221(c)(1)(i), the Department Preliminary Determination of No
Prevail initiated an administrative review of the Shipments
C. Nature of the Subsidy antidumping duty order on PRCBs from Subsequent to the initiation of this
IV. Final Results of Review Malaysia with respect to Euro SME.3 administrative review, the Department
received a timely submission from Euro
3 P.T. Gunawan Steel and P.T. Jaya Pari were 1 See Antidumping or Countervailing Duty Order,
SME certifying that it did not have sales,
excluded from the Indonesia order on the basis of Finding, or Suspended Investigation; Opportunity
a de minimis net subsidy. See Notice of Amended To Request Administrative Review, 81 FR 51850 shipments, or exports of subject
Final Determinations: Certain Cut-to-Length (August 5, 2016). merchandise to the United States during
mstockstill on DSK3G9T082PROD with NOTICES
Carbon-Quality Steel Plate from India and the 2 See Letter from Polyethylene Retail Bags the POR.4 On October 16, 2016, the
Republic of Korea; and Notice of Countervailing Committee and its individual members Hilex Poly Department requested entry data from
Duty Orders: Certain Cut-To-Length Carbon-Quality Co., LLC and Superbag Corp. (‘‘Petitioners’’),
Steel Plate From France, India, Indonesia, Italy, and ‘‘Polyethylene Retail Carrier Bags from Malaysia:
U.S. Customs and Border Protection
the Republic of Korea, 65 FR 6587 (February 10, Request for Administrative Review,’’ dated August (‘‘CBP’’) for subject merchandise
2000) (CVD Orders). 31, 2016.
4 Pohang Iron & Steel Co., Ltd. was excluded from 3 See Initiation of Antidumping and 4 See Letter from Euro SME, ‘‘Polyethylene Retail
the Korea order on the basis of a de minimis net Countervailing Duty Administrative Reviews, 81 FR Carrier Bags from Malaysia; No Shipment
subsidy. See CVD Orders. 71061 (October 14, 2016). Certification,’’ dated October 18, 2016.
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16857/page/1.svg)
![Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices 16793
exported by Euro SME and imported party’s name, address, and telephone will be the rate established for the most
into the United States during the POR.5 number; (2) the number of participants; recent period for the manufacturer of
This query returned no entries during and (3) a list of issues to be discussed. the merchandise; and (4) the cash
the POR.6 Further, the Department Issues raised in the hearing will be deposit rate for all other manufacturers
transmitted a ‘‘no-shipments’’ inquiry to limited to issues raised in the briefs. If or exporters is 2.40 percent. These
CBP requesting that it provide any a request for a hearing is made, parties deposit requirements, when imposed,
information to the contrary, should such will be notified of the time and date for shall remain in effect until further
information exist.7 On November 7, the hearing to be held at the U.S. notice.
2016, the Department was notified by Department of Commerce, 1401
CBP that there were no shipments of Constitution Avenue NW., Washington, Notification to Importers
PRCBs from Malaysia during the POR.8 DC 20230.14 This notice also serves as a
Consistent with our practice, we The Department intends to issue the preliminary reminder to importers of
preliminarily determine that Euro SME final results of this administrative their responsibility under 19 CFR
had no shipments and, therefore, no review, including the results of its 351.402(f)(2) to file a certificate
reviewable entries during the POR. In analysis of the issues raised in any regarding the reimbursement of
addition, we find it is not appropriate to written briefs, no later than 120 days antidumping duties prior to liquidation
rescind the review with respect to Euro after the date of publication of this of the relevant entries during this
SME but, rather, to complete the review notice, pursuant to section 751(a)(3)(A) period. Failure to comply with this
and issue appropriate instructions to of the Act and 19 CFR 351.213(h), requirement may result in the
CBP based on the final results of the unless this deadline is extended. Secretary’s presumption that
review, consistent with our practice.9 Assessment Rates reimbursement of antidumping duties
Public Comment occurred and the subsequent assessment
Upon issuance of the final results, the of double antidumping duties.
Interested parties may submit case Department will determine, and CBP We are issuing and publishing these
briefs to the Department no later than 30 shall assess, antidumping duties on all results in accordance with sections
days after the date of publication of this appropriate entries covered by this 751(a)(1) and 777(i)(1) of the Act, and 19
notice. Rebuttal briefs, limited to issues review.15 In accordance with the CFR 351.213(h) and 351.221(b)(4).
raised in the case briefs, may be filed no Department’s practice, for entries of
later than five days after the time limit subject merchandise during the POR for Dated: March 30, 2017.
for filing case briefs.10 Parties who which Euro SME did not know that the Ronald K. Lorentzen,
submit case briefs or rebuttal briefs in merchandise was destined for the Acting Assistant Secretary For Enforcement
this proceeding are encouraged to United States, we will instruct CBP to and Compliance.
submit with each argument: (1) A liquidate such entries at the all-others [FR Doc. 2017–06822 Filed 4–5–17; 8:45 am]
statement of the issue; (2) a brief rate if there is no rate for the BILLING CODE 3510–DS–P
summary of the argument; and (3) a intermediate company(ies) involved in
table of authorities.11 Case and rebuttal the transaction.16 We intend to issue
briefs should be filed using ACCESS.12 assessment instructions to CBP 15 days DEPARTMENT OF COMMERCE
Pursuant to 19 CFR 351.310(c), after the publication date of the final
interested parties who wish to request a results of this review. International Trade Administration
hearing must submit a written request to [A–549–502]
Cash Deposit Requirements
the Assistant Secretary for Enforcement
and Compliance, filed electronically via The following cash deposit Circular Welded Carbon Steel Pipes
ACCESS. An electronically-filed requirements will be effective upon and Tubes From Thailand: Preliminary
document must be received successfully publication of the final results of this Results of Antidumping Duty
in its entirety by ACCESS by 5 p.m. administrative review for all shipments Administrative Review and Preliminary
Eastern Time within 30 days after the of the subject merchandise entered, or Finding of No Shipments; 2015–2016
date of publication of this notice.13 withdrawn from warehouse, for
Hearing requests should contain: (1) The consumption on or after the publication AGENCY: Enforcement and Compliance,
date of the final results of review, as International Trade Administration,
5 See Memorandum to the File, ‘‘U.S. Customs provided for by section 751(a)(2)(C) of U.S. Department of Commerce.
and Border Protection—No Shipment Inquiry the Act: (1) For Euro SME, which SUMMARY: The Department of Commerce
Data,’’ dated October 19, 2016. claimed no shipments, the cash deposit
6 Id.
(the Department) is conducting an
7 See CBP message 6295302, dated October 21,
rate will remain unchanged from the administrative review of the
2016. rate assigned to Euro SME in the most antidumping duty order on circular
8 See Memorandum to the File ‘‘U.S. Customs and recently completed review of the welded carbon steel pipes and tubes
Border Protection—No Shipment Inquiry Data,’’ company; (2) for previously investigated (pipes and tubes) from Thailand,
dated November 7, 2016. or reviewed companies not listed above,
9 See e.g., Certain Frozen Warmwater Shrimp
covering the period of review (POR)
the cash deposit rate will continue to be March 1, 2015, through February 29,
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of the company-specific rate published for 2016. This review covers two
Review, Preliminary Determination of No the most recent period; (3) if the manufacturers/exporters of the subject
Shipments; 2012–2013, 79 FR 15951, 15952 (March exporter is not a firm covered in this merchandise, Saha Thai Steel Pipe
24, 2014), unchanged in Certain Frozen Warmwater review, a prior review, or the less-than- (Public) Company, Ltd. (Saha Thai) and
mstockstill on DSK3G9T082PROD with NOTICES
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final fair-value investigation, but the Pacific Pipe Public Company Limited
Determination of No Shipments, and Partial manufacturer is, the cash deposit rate (Pacific Pipe). The Department
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
preliminarily determines that Saha Thai
14 Id.
10 See 19 CFR 351.309(d).
15 See
sold subject merchandise at less than
19 CFR 351.212(b).
11 See 19 CFR 351.309(c)(2) and (d)(2). 16 SeeAntidumping and Countervailing Duty
normal value (NV) during the POR and
12 See 19 CFR 351.303.
Proceedings: Assessment of Antidumping Duties, 68 that Pacific Pipe had no shipments
13 See 19 CFR 351.310(c). FR 23954 (May 6, 2003). during the POR. Interested parties are
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16857/page/2.svg)
Document Created: 2017-04-06 01:46:39
Document Modified: 2017-04-06 01:46:39
| 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 April 6, 2017. | |
| Contact | Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7814. | |
| FR Citation | 82 FR 16792 |
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