82_FR_44342 82 FR 44160 - Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments; 2015-2016

82 FR 44160 - Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 182 (September 21, 2017)

Page Range44160-44162
FR Document2017-20125

On June 8, 2017, the Department of Commerc

Federal Register, Volume 82 Issue 182 (Thursday, September 21, 2017)
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44160-44162]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 8, 2017, the Department of Commerc

e (Department) published the preliminary results of the administrative 
review (AR) of the antidumping duty (AD) order on polyethylene retail 
carrier bags (PRCBs) from Thailand. The period of review (POR) is 
August 1, 2015, through July 31, 2016. We invited parties to comment on 
the preliminary results. We received no comments. Accordingly, the 

final results remain unchanged from the preliminary results.DATES: 
Applicable September 21, 2017.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 
20230; telephone: (202) 482-6386.

SUPPLEMENTARY INFORMATION: 

Background

    On June 8, 2017, the Department published in the Federal Register 
the preliminary results of the 2015-2016 administrative review of the 
AD order on PRCBs from Thailand.\1\ In the Preliminary Results, we 
rescinded the review for mandatory respondent, Sahachit Watana Plastic 
Ind. Co. Ltd. (Sahachit) in accordance with 19 CFR 351.213(d)(1).\2\ In 
the Preliminary Results, we also preliminarily applied adverse facts 
available to mandatory

[[Page 44161]]

respondent Landblue (Thailand) Co., Ltd. (Landblue), pursuant to 
section 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act).\3\ In addition, in accordance with section 735(c)(5)(B) of the 
Act, the Department preliminarily assigned to the non-selected 
companies the only rate determined for an individual respondent in this 
review, 122.88 percent.\4\ Finally, in the Preliminary Results, we 
preliminarily determined that Super Grip Co., Ltd. (Super Grip) had no 
shipments during the POR.\5\ The Department gave interested parties an 
opportunity to comment on the Preliminary Results. None were received. 
The Department conducted this review in accordance with section 
751(a)(2) of the Act.
---------------------------------------------------------------------------

    \1\ See Polyethylene Retail Carrier Bags from Thailand: 
Preliminary Results and Partial Rescission of the Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2015-2016, 82 FR 26666 (June 8, 2017) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ Id. at 26667.
    \3\ Id. at 26667, 26668.
    \4\ Id. at 26667.
    \5\ Id.
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Scope of the Order

    The merchandise subject to this order is PRCBs, which may be 
referred to as t-shirt sacks, merchandise bags, grocery bags, or 
checkout bags. The subject merchandise is defined as nonsealable 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.

Final Determination of No Shipments

    As noted above, in the Preliminary Results, we preliminarily 
determined that Super Grip had no shipments during the POR.\6\ We 
received no comments from interested parties with respect to this 
claim. Therefore, because the record indicates that Super Grip did not 
export subject merchandise to the United States during the POR, and the 
Department has not received any information that would cause it to 
alter its Preliminary Results, we continue to find that Super Grip had 
no shipments during the POR.
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

Final Results of Review

    Because the Department received no comments after the Preliminary 
Results for consideration for these final results, we have made no 
changes to the Preliminary Results. We continue to determine that 
Landblue did not act to the best of its ability by failing to respond 
to the Department's questionnaires, pursuant to section 776(a) and (b) 
of the Act; that the application of adverse facts available to Landblue 
is warranted; and that the rate of 122.88 percent is appropriate to 
apply to Landblue as adverse facts available. This rate is the highest 
rate calculated in the Final LTFV \7\ and has been applied in each 
successive administrative review of this proceeding.\8\ Accordingly, 
pursuant to section 776(c)(2) of the Act, this rate does not require 
corroboration.
---------------------------------------------------------------------------

    \7\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Polyethylene Retail Carrier Bags from Thailand, 69 FR 34122, 
34125 (June 18, 2004) (Final LTFV).
    \8\ See Final LTFV, 69 FR at 34123-34124; Polyethylene Retail 
Carrier Bags from Thailand: Final Results of Antidumping Duty 
Administrative Review, 72 FR 1982, 1983 (January 17, 2007); 
Polyethylene Retail Carrier Bags from Thailand: Final Results of 
Antidumping Duty Administrative Review and Partial Rescission of 
Antidumping Duty Administrative Review, 72 FR 64580, 64582 (November 
16, 2007); Polyethylene Retail Carrier Bags from Thailand: Final 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review, 74 FR 2511, 
2512 (January 15, 2009) (2006-2007 Final Results); and Polyethylene 
Retail Carrier Bags from Thailand: Final Results of Antidumping Duty 
Administrative Review, 74 FR 65751, 65752 (December 11, 2009).
---------------------------------------------------------------------------

    In addition, consistent with the Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\9\ we have 
determined that a reasonable method for determining the rate for the 
non-selected companies is to use the rate applied to the mandatory 
respondent (Landblue) in this administrative review.\10\ This is the 
only rate determined in this review for an individual respondent and, 
thus, should be applied to the 26 non-selected companies under section 
735(c)(5)(B) of the Act. Accordingly, we are assigning to the non-
selected companies the dumping margin of 122.88 percent.
---------------------------------------------------------------------------

    \9\ See Albermarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).
    \10\ See, e.g., Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line, and Pressure Pipe (Under 4\1/2\ Inches) From Japan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2014-2015, 81 FR 45124, 
45124 (July 12, 2016), unchanged in Certain Small Diameter Carbon 
and Alloy Seamless Standard, Line, and Pressure Pipe (Under 4\1/2\ 
Inches) From Japan: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2014-2015, 81 FR 
80640, 80641 (November 16, 2016).
---------------------------------------------------------------------------

    We therefore determine for these final results that the following 
weighted-average dumping margins on PRCBs from Thailand exist for the 
POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/Producer                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Landblue (Thailand) Co., Ltd................................      122.88
Apple Film Company, Ltd.....................................      122.88
Dpac Inter Corporation Co., Ltd.............................      122.88
Elite Poly and Packaging Co., Ltd...........................      122.88
Film Master Co., Ltd........................................      122.88
Inno Cargo Co., Ltd.........................................      122.88
Innopack Industry Co., Ltd..................................      122.88
K. International Packaging Co., Ltd.........................      122.88
King Bag Co., Ltd...........................................      122.88
King Pac Industrial Co., Ltd................................      122.88
M & P World Polymer Co., Ltd................................      122.88
Minigrip (Thailand) Co., Ltd................................      122.88
Multibax Public Co., Ltd....................................      122.88
Naraipak Co., Ltd...........................................      122.88
PMC Innopack Co., Ltd.......................................      122.88
Poly Plast (Thailand) Co., Ltd..............................      122.88
Poly World Co., Ltd.........................................      122.88
Prepack Thailand Co., Ltd...................................      122.88
Print Master Co., Ltd.......................................      122.88
Siam Best Products Trading Limited Partnership..............      122.88
Sun Pack Inter Co., Ltd.....................................      122.88
Superpac Corporation Co., Ltd...............................      122.88
Thai Origin Co., Ltd........................................      122.88
Thantawan Industry Public Co., Ltd..........................      122.88
Triple B Pack Co., Ltd......................................      122.88
Two Path Plaspack Co. Ltd...................................      122.88
Wing Fung Adhesive Manufacturing (Thailand) Co., Ltd........      122.88
------------------------------------------------------------------------

Assessment

    The Department has determined, and CBP shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.\11\ The Department intends to 
issue assessment instructions to CBP 15 days after the

[[Page 44162]]

date of publication of these final results of review. We will instruct 
CBP to apply an ad valorem assessment rate of 122.88 percent to all 
entries of subject merchandise during the POR which were produced and/
or exported by Landblue, and ad valorem assessment rate of 122.88 
percent to all entries of subject merchandise during the POR which were 
produced and/or exported by the 26 companies that were not selected for 
individual examination.\12\ Additionally, because the Department 
determined that Super Grip had no shipments of subject merchandise 
during the POR, for entries of merchandise produced by Super Grip, for 
which it did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate in effect during the POR if there is no rate for the 
intermediate company(ies) involved in the transaction.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b).
    \12\ See PDM, at ``Rate for Non-Examined Companies'' (for an 
explanation of how we preliminarily determined the rate of non-
selected companies).
    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

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 subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rates 
for the reviewed companies will be the rates established in the final 
results of this 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 less-than-fair-value investigation but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding for the 
manufacturer of the merchandise; (4) if neither the exporter nor the 
manufacturer has its own rate, the cash deposit rate will continue to 
be 4.69 percent, the all-others rate established in the order.\14\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \14\ See Notice of Implementation of Determination Under Section 
129 of the Uruguay Round Agreements Act and Partial Revocation of 
the Antidumping Duty Order on Polyethylene Retail Carrier Bags from 
Thailand, 75 FR 48940 (August 12, 2010).
---------------------------------------------------------------------------

Notification to Importers

    This notice also 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding 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 violation subject 
to sanctions.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: September 14, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-20125 Filed 9-20-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    44160                    Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices

                                                    Office of the Executive Secretary,                      days after the date on which the                          Dated: September 15, 2017.
                                                    Foreign-Trade Zones Board, Room                         Department initiated the investigation                  Gary Taverman
                                                    21013, U.S. Department of Commerce,                     if: (A) The petitioner 2 makes a timely                 Deputy Assistant Secretary for Antidumping
                                                    1401 Constitution Avenue NW.,                           request for a postponement; or (B) the                  and Countervailing Duty Operations,
                                                    Washington, DC 20230–0002, and in the                   Department concludes that the parties                   performing the non-exclusive duties of the
                                                    ‘‘Reading Room’’ section of the Board’s                 concerned are cooperating, that the                     Assistant Secretary for Enforcement and
                                                    Web site, which is accessible via                                                                               Compliance.
                                                                                                            investigation is extraordinarily
                                                    www.trade.gov/ftz.                                                                                              [FR Doc. 2017–20085 Filed 9–20–17; 8:45 am]
                                                                                                            complicated, and that additional time is
                                                       For further information, contact                     necessary to make a preliminary                         BILLING CODE 3510–DS–P
                                                    Juanita Chen at juanita.chen@trade.gov                  determination. Under 19 CFR
                                                    or (202) 482–1378.                                      351.205(e), the petitioner must submit a
                                                                                                                                                                    DEPARTMENT OF COMMERCE
                                                      Dated: September 14, 2017.                            request for postponement 25 days or
                                                    Andrew McGilvray,                                       more before the scheduled date of the                   International Trade Administration
                                                    Executive Secretary.                                    preliminary determination and must
                                                                                                            state the reasons for the request. The                  [A–549–821]
                                                    [FR Doc. 2017–20083 Filed 9–20–17; 8:45 am]
                                                    BILLING CODE 3510–DS–P                                  Department will grant the request unless                Polyethylene Retail Carrier Bags From
                                                                                                            it finds compelling reasons to deny the                 Thailand: Final Results of Antidumping
                                                                                                            request.                                                Duty Administrative Review, Final
                                                    DEPARTMENT OF COMMERCE                                     On September 5, 2017, the petitioner                 Determination of No Shipments; 2015–
                                                                                                            submitted a timely request that the                     2016
                                                    International Trade Administration
                                                                                                            Department postpone the preliminary
                                                    [C–570–063]                                                                                                     AGENCY:   Enforcement and Compliance,
                                                                                                            CVD determination.3 The petitioner
                                                                                                                                                                    International Trade Administration,
                                                                                                            stated that it requests postponement of
                                                    Cast Iron Soil Pipe Fittings From the                                                                           Department of Commerce.
                                                                                                            the preliminary determination because                   SUMMARY: On June 8, 2017, the
                                                    People’s Republic of China:                             the Department selected at least one
                                                    Postponement of Preliminary                                                                                     Department of Commerc
                                                                                                            trading company as a mandatory                          published the preliminary results of the
                                                    Determination in the Countervailing
                                                                                                            respondent, and has not yet received                    administrative review (AR) of the
                                                    Duty Investigation
                                                                                                            questionnaire responses. Therefore,                     antidumping duty (AD) order on
                                                    AGENCY:  Enforcement and Compliance,                    postponing the preliminary                              polyethylene retail carrier bags (PRCBs)
                                                    International Trade Administration,                     determination would allow for receipt                   from Thailand. The period of review
                                                    Department of Commerce.                                 and review of these responses.                          (POR) is August 1, 2015, through July
                                                    DATES: Applied September 21, 2017.                         In accordance with 19 CFR                            31, 2016. We invited parties to comment
                                                    FOR FURTHER INFORMATION CONTACT:                        351.205(e), the petitioner stated the                   on the preliminary results. We received
                                                    Dennis McClure at (202) 482–5973 or                     reasons for requesting a postponement                   no comments. Accordingly, the final
                                                    Jinny Ahn at (202) 482–0339, AD/CVD                     of the preliminary determination, and                   results remain unchanged from the
                                                    Operations, Enforcement and                             the Department finds no compelling                      preliminary results.
                                                    Compliance, International Trade                         reason to deny the request. Therefore, in               DATES: Applicable September 21, 2017.
                                                    Administration, U.S. Department of                      accordance with section 703(c)(1)(A) of                 FOR FURTHER INFORMATION CONTACT:
                                                    Commerce, 1401 Constitution Avenue                      the Act, the Department is postponing                   Shanah Lee, AD/CVD Operations, Office
                                                    NW., Washington, DC 20230.                              the deadline for the preliminary                        III, Enforcement and Compliance,
                                                    SUPPLEMENTARY INFORMATION:                              determination to no later than 130 days                 International Trade Administration,
                                                    Background                                              after the date on which this                            U.S. Department of Commerce, 1401
                                                                                                            investigation was initiated, i.e.,                      Constitution Ave. NW., Washington, DC
                                                       On August 2, 2017, the Department                    December 11, 2017.4 Pursuant to section
                                                    initiated a countervailing duty (CVD)                                                                           20230; telephone: (202) 482–6386.
                                                                                                            705(a)(1) of the Act and 19 CFR                         SUPPLEMENTARY INFORMATION:
                                                    investigation of cast iron soil pipe
                                                                                                            351.210(b)(1), the deadline for the final
                                                    fittings from the People’s Respublic of                                                                         Background
                                                                                                            determination of this investigation will
                                                    China.1 Currently, the preliminary
                                                                                                            continue to be 75 days after the date of                  On June 8, 2017, the Department
                                                    determination is due no later than
                                                                                                            the preliminary determination.                          published in the Federal Register the
                                                    October 6, 2017.
                                                                                                               This notice is issued and published                  preliminary results of the 2015–2016
                                                    Postponement of Preliminary                             pursuant to section 703(c)(2) of the Act                administrative review of the AD order
                                                    Determinations                                          and 19 CFR 351.205(f)(1).                               on PRCBs from Thailand.1 In the
                                                      Section 703(b)(1) of the Tariff Act of                                                                        Preliminary Results, we rescinded the
                                                    1930, as amended (the Act), requires the                  2 The petitioner is Cast Iron Soil Pipe Institute
                                                                                                                                                                    review for mandatory respondent,
                                                    Department to issue the preliminary                     (CISPI).                                                Sahachit Watana Plastic Ind. Co. Ltd.
                                                    determination in a CVD investigation                      3 See the petitioner’s letter, ‘‘Re: Cast Iron Soil   (Sahachit) in accordance with 19 CFR
                                                    within 65 days after the date on which                  Pipe Fittings from the People’s Republic of China:      351.213(d)(1).2 In the Preliminary
                                                                                                            Request to Extend the Preliminary Determination,’’      Results, we also preliminarily applied
                                                    the Department initiated the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            dated September 5, 2017.
                                                    investigation. However, section                           4 Postponing the preliminary determination to
                                                                                                                                                                    adverse facts available to mandatory
                                                    703(c)(1) of the Act permits the                        130 days after initiation would place the deadline
                                                                                                                                                                      1 See Polyethylene Retail Carrier Bags from
                                                    Department to postpone the preliminary                  on Sunday, December 10, 2017. The Department’s
                                                                                                            practice dictates that where a deadline falls on a      Thailand: Preliminary Results and Partial
                                                    determination until no later than 130                   weekend or federal holiday, the appropriate             Rescission of the Antidumping Duty Administrative
                                                                                                            deadline is the next business day. See Notice of        Review and Preliminary Determination of No
                                                      1 See Cast Iron Soil Pipe Fittings From the           Clarification: Application of ‘‘Next Business Day’’     Shipments; 2015–2016, 82 FR 26666 (June 8, 2017)
                                                    People’s Republic of China: Initiation of               Rule for Administrative Determination Deadlines         (Preliminary Results) and accompanying
                                                    Countervailing Duty Investigation, 82 FR 37048          Pursuant to the Tariff Act of 1930, As Amended, 70      Preliminary Decision Memorandum (PDM).
                                                    (August 8, 2017) (Initiation Notice).                   FR 24533 (May 10, 2005).                                  2 Id. at 26667.




                                               VerDate Sep<11>2014   17:52 Sep 20, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM   21SEN1


                                                                                 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices                                                              44161

                                                    respondent Landblue (Thailand) Co.,                        description of the scope of the order is              respondent (Landblue) in this
                                                    Ltd. (Landblue), pursuant to section                       dispositive.                                          administrative review.10 This is the only
                                                    776(a) and (b) of the Tariff Act of 1930,                                                                        rate determined in this review for an
                                                                                                               Final Determination of No Shipments
                                                    as amended (the Act).3 In addition, in                                                                           individual respondent and, thus, should
                                                    accordance with section 735(c)(5)(B) of                       As noted above, in the Preliminary                 be applied to the 26 non-selected
                                                    the Act, the Department preliminarily                      Results, we preliminarily determined                  companies under section 735(c)(5)(B) of
                                                    assigned to the non-selected companies                     that Super Grip had no shipments                      the Act. Accordingly, we are assigning
                                                    the only rate determined for an                            during the POR.6 We received no                       to the non-selected companies the
                                                    individual respondent in this review,                      comments from interested parties with                 dumping margin of 122.88 percent.
                                                    122.88 percent.4 Finally, in the                           respect to this claim. Therefore, because                We therefore determine for these final
                                                    Preliminary Results, we preliminarily                      the record indicates that Super Grip did              results that the following weighted-
                                                    determined that Super Grip Co., Ltd.                       not export subject merchandise to the                 average dumping margins on PRCBs
                                                    (Super Grip) had no shipments during                       United States during the POR, and the                 from Thailand exist for the POR:
                                                    the POR.5 The Department gave                              Department has not received any
                                                    interested parties an opportunity to                       information that would cause it to alter                                                                   Weighted-
                                                    comment on the Preliminary Results.                        its Preliminary Results, we continue to                                                                     average
                                                                                                                                                                                Exporter/Producer                         dumping
                                                    None were received. The Department                         find that Super Grip had no shipments                                                                       margins
                                                    conducted this review in accordance                        during the POR.                                                                                            (percent)
                                                    with section 751(a)(2) of the Act.
                                                                                                               Final Results of Review                               Landblue (Thailand) Co., Ltd ......                     122.88
                                                    Scope of the Order                                           Because the Department received no                  Apple Film Company, Ltd ...........                     122.88
                                                       The merchandise subject to this order                   comments after the Preliminary Results                Dpac Inter Corporation Co., Ltd                         122.88
                                                    is PRCBs, which may be referred to as                      for consideration for these final results,            Elite Poly and Packaging Co.,
                                                    t-shirt sacks, merchandise bags, grocery                   we have made no changes to the                           Ltd ...........................................      122.88
                                                                                                                                                                     Film Master Co., Ltd ...................                122.88
                                                    bags, or checkout bags. The subject                        Preliminary Results. We continue to                   Inno Cargo Co., Ltd ....................                122.88
                                                    merchandise is defined as nonsealable                      determine that Landblue did not act to                Innopack Industry Co., Ltd .........                    122.88
                                                    sacks and bags with handles (including                     the best of its ability by failing to                 K. International Packaging Co.,
                                                    drawstrings), without zippers or integral                  respond to the Department’s                              Ltd ...........................................      122.88
                                                    extruded closures, with or without                         questionnaires, pursuant to section                   King Bag Co., Ltd .......................               122.88
                                                    gussets, with or without printing, of                      776(a) and (b) of the Act; that the                   King Pac Industrial Co., Ltd .......                    122.88
                                                    polyethylene film having a thickness no                    application of adverse facts available to             M & P World Polymer Co., Ltd ...                        122.88
                                                                                                                                                                     Minigrip (Thailand) Co., Ltd ........                   122.88
                                                    greater than 0.035 inch (0.889 mm) and                     Landblue is warranted; and that the rate              Multibax Public Co., Ltd .............                  122.88
                                                    no less than 0.00035 inch (0.00889 mm),                    of 122.88 percent is appropriate to apply             Naraipak Co., Ltd .......................               122.88
                                                    and with no length or width shorter                        to Landblue as adverse facts available.               PMC Innopack Co., Ltd ..............                    122.88
                                                    than 6 inches (15.24 cm) or longer than                    This rate is the highest rate calculated              Poly Plast (Thailand) Co., Ltd ....                     122.88
                                                    40 inches (101.6 cm). The depth of the                     in the Final LTFV 7 and has been                      Poly World Co., Ltd ....................                122.88
                                                    bag may be shorter than 6 inches but not                   applied in each successive                            Prepack Thailand Co., Ltd ..........                    122.88
                                                    longer than 40 inches (101.6 cm).                          administrative review of this                         Print Master Co., Ltd ..................                122.88
                                                       PRCBs are typically provided without                                                                          Siam Best Products Trading
                                                                                                               proceeding.8 Accordingly, pursuant to
                                                                                                                                                                        Limited Partnership .................                122.88
                                                    any consumer packaging and free of                         section 776(c)(2) of the Act, this rate               Sun Pack Inter Co., Ltd ..............                  122.88
                                                    charge by retail establishments, e.g.,                     does not require corroboration.                       Superpac Corporation Co., Ltd ..                        122.88
                                                    grocery, drug, convenience, department,                      In addition, consistent with the Court              Thai Origin Co., Ltd ....................               122.88
                                                    specialty retail, discount stores, and                     of Appeals for the Federal Circuit’s                  Thantawan Industry Public Co.,
                                                    restaurants, to their customers to                         decision in Albemarle Corp. v. United                    Ltd ...........................................      122.88
                                                    package and carry their purchased                          States,9 we have determined that a                    Triple B Pack Co., Ltd ................                 122.88
                                                    products. The scope of the order                           reasonable method for determining the                 Two Path Plaspack Co. Ltd ........                      122.88
                                                    excludes (1) polyethylene bags that are                    rate for the non-selected companies is to             Wing Fung Adhesive Manufac-
                                                    not printed with logos or store names                                                                               turing (Thailand) Co., Ltd ........                  122.88
                                                                                                               use the rate applied to the mandatory
                                                    and that are closeable with drawstrings
                                                    made of polyethylene film and (2)                            6 Id.                                               Assessment
                                                    polyethylene bags that are packed in                         7 See Notice of Final Determination of Sales at        The Department has determined, and
                                                    consumer packaging with printing that                      Less Than Fair Value: Polyethylene Retail Carrier     CBP shall assess, antidumping duties on
                                                                                                               Bags from Thailand, 69 FR 34122, 34125 (June 18,
                                                    refers to specific end-uses other than                     2004) (Final LTFV).                                   all appropriate entries of subject
                                                    packaging and carrying merchandise                           8 See Final LTFV, 69 FR at 34123–34124;             merchandise in accordance with the
                                                    from retail establishments, e.g., garbage                  Polyethylene Retail Carrier Bags from Thailand:       final results of this review.11 The
                                                    bags, lawn bags, trash-can liners.                         Final Results of Antidumping Duty Administrative      Department intends to issue assessment
                                                                                                               Review, 72 FR 1982, 1983 (January 17, 2007);
                                                       As a result of changes to the                           Polyethylene Retail Carrier Bags from Thailand:
                                                                                                                                                                     instructions to CBP 15 days after the
                                                    Harmonized Tariff Schedule of the                          Final Results of Antidumping Duty Administrative
                                                    United States (HTSUS), imports of the                      Review and Partial Rescission of Antidumping Duty       10 See, e.g., Certain Small Diameter Carbon and

                                                    subject merchandise are currently                          Administrative Review, 72 FR 64580, 64582             Alloy Seamless Standard, Line, and Pressure Pipe
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                               (November 16, 2007); Polyethylene Retail Carrier      (Under 41⁄2 Inches) From Japan: Preliminary Results
                                                    classifiable under statistical category                    Bags from Thailand: Final Results of Antidumping      of Antidumping Duty Administrative Review and
                                                    3923.21.0085 of the HTSUS.                                 Duty Administrative Review and Partial Rescission     Preliminary Determination of No Shipments; 2014–
                                                    Furthermore, although the HTSUS                            of Antidumping Duty Administrative Review, 74 FR      2015, 81 FR 45124, 45124 (July 12, 2016),
                                                    subheading is provided for convenience                     2511, 2512 (January 15, 2009) (2006–2007 Final        unchanged in Certain Small Diameter Carbon and
                                                                                                               Results); and Polyethylene Retail Carrier Bags from   Alloy Seamless Standard, Line, and Pressure Pipe
                                                    and customs purposes, the written                          Thailand: Final Results of Antidumping Duty           (Under 41⁄2 Inches) From Japan: Final Results of
                                                                                                               Administrative Review, 74 FR 65751, 65752             Antidumping Duty Administrative Review and
                                                      3 Id.   at 26667, 26668.                                 (December 11, 2009).                                  Final Determination of No Shipments; 2014–2015,
                                                      4 Id.   at 26667.                                          9 See Albermarle Corp. & Subsidiaries v. United     81 FR 80640, 80641 (November 16, 2016).
                                                      5 Id.                                                    States, 821 F.3d 1345 (Fed. Cir. 2016).                 11 See 19 CFR 351.212(b).




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                                                    44162                    Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices

                                                    date of publication of these final results              requirements, when imposed, shall                     October, November, and December of
                                                    of review. We will instruct CBP to apply                remain in effect until further notice.                2017. Certain fishermen and shark
                                                    an ad valorem assessment rate of 122.88                                                                       dealers are required to attend a
                                                                                                            Notification to Importers
                                                    percent to all entries of subject                                                                             workshop to meet regulatory
                                                    merchandise during the POR which                          This notice also serves as a final                  requirements and to maintain valid
                                                    were produced and/or exported by                        reminder to importers of their                        permits. Specifically, the Atlantic Shark
                                                    Landblue, and ad valorem assessment                     responsibility under 19 CFR                           Identification Workshop is mandatory
                                                    rate of 122.88 percent to all entries of                351.402(f)(2) to file a certificate                   for all federally permitted Atlantic shark
                                                    subject merchandise during the POR                      regarding the reimbursement of                        dealers. The Protected Species Safe
                                                    which were produced and/or exported                     antidumping duties prior to liquidation               Handling, Release, and Identification
                                                    by the 26 companies that were not                       of the relevant entries during this                   Workshop is mandatory for vessel
                                                    selected for individual examination.12                  review period. Failure to comply with                 owners and operators who use bottom
                                                    Additionally, because the Department                    this requirement could result in the                  longline, pelagic longline, or gillnet
                                                    determined that Super Grip had no                       Department’s presumption that                         gear, and who have also been issued
                                                    shipments of subject merchandise                        reimbursement of antidumping duties                   shark or swordfish limited access
                                                    during the POR, for entries of                          occurred and the subsequent assessment                permits. Additional free workshops will
                                                    merchandise produced by Super Grip,                     of double antidumping duties.                         be conducted during 2018 and will be
                                                    for which it did not know that the                                                                            announced in a future notice.
                                                                                                            Notification Regarding Administrative
                                                    merchandise was destined for the                                                                              DATES: The Atlantic Shark Identification
                                                                                                            Protective Orders
                                                    United States, we will instruct CBP to                                                                        Workshops will be held on October 26,
                                                    liquidate unreviewed entries at the all-                  This notice also serves as a reminder
                                                                                                            to parties subject to administrative                  November 16, and December 14, 2017.
                                                    others rate in effect during the POR if
                                                                                                            protective order (APO) of their                         The Protected Species Safe Handling,
                                                    there is no rate for the intermediate
                                                                                                            responsibility concerning the                         Release, and Identification Workshops
                                                    company(ies) involved in the
                                                    transaction.13                                          destruction of proprietary information                will be held on October 12, October 25,
                                                                                                            disclosed under APO in accordance                     November 8, November 14, December 8,
                                                    Cash Deposit Requirements                                                                                     and December 13, 2017.
                                                                                                            with 19 CFR 351.305(a)(3). Timely
                                                       The following deposit requirements                   written notification of the return or                   See SUPPLEMENTARY INFORMATION for
                                                    will be effective upon publication of the               destruction of APO materials or                       further details.
                                                    notice of final results of administrative               conversion to judicial protective order is            ADDRESSES: The Atlantic Shark
                                                    review for all shipments of subject                     hereby requested. Failure to comply                   Identification Workshops will be held in
                                                    merchandise entered, or withdrawn                       with the regulations and terms of an                  Somerville, MA; Mount Pleasant, SC;
                                                    from warehouse, for consumption on or                   APO is a violation subject to sanctions.              and Largo, FL.
                                                    after the publication date, as provided                   We are issuing and publishing these                   The Protected Species Safe Handling,
                                                    by section 751(a)(2) of the Act: (1) The                results in accordance with sections                   Release, and Identification Workshops
                                                    cash deposit rates for the reviewed                     751(a)(1) and 777(i)(1) of the Act and 19             will be held in Largo, FL; Manahawkin,
                                                    companies will be the rates established                 CFR 351.221(b)(5).                                    NJ; Port St. Lucie, FL; Kitty Hawk, NC;
                                                    in the final results of this review; (2) for                                                                  Ronkonkoma, NY; and Kenner, LA.
                                                                                                              Dated: September 14, 2017.
                                                    merchandise exported by manufacturers                                                                           See SUPPLEMENTARY INFORMATION for
                                                    or exporters not covered in this review                 Gary Taverman,
                                                                                                            Deputy Assistant Secretary for Antidumping
                                                                                                                                                                  further details on workshop locations.
                                                    but covered in a prior segment of the
                                                                                                            and Countervailing Duty Operations,                   FOR FURTHER INFORMATION CONTACT: Rick
                                                    proceeding, the cash deposit rate will
                                                    continue to be the company-specific rate
                                                                                                            performing the non-exclusive functions and            Pearson by phone: (727) 824–5399, or by
                                                                                                            duties of the Assistant Secretary for                 fax: (727) 824–5398.
                                                    published for the most recently                         Enforcement and Compliance.
                                                    completed segment of this proceeding;                                                                         SUPPLEMENTARY INFORMATION: The
                                                                                                            [FR Doc. 2017–20125 Filed 9–20–17; 8:45 am]
                                                    (3) if the exporter is not a firm covered                                                                     workshop schedules, registration
                                                                                                            BILLING CODE 3510–DS–P                                information, and a list of frequently
                                                    in this review, a prior review, or the
                                                    less-than-fair-value investigation but the                                                                    asked questions regarding these
                                                    manufacturer is, the cash deposit rate                                                                        workshops are posted on the Internet at:
                                                                                                            DEPARTMENT OF COMMERCE
                                                    will be the rate established for the most                                                                     http://www.nmfs.noaa.gov/sfa/hms/
                                                    recently completed segment of this                      National Oceanic and Atmospheric                      compliance/workshops/index.html.
                                                    proceeding for the manufacturer of the                  Administration                                        Atlantic Shark Identification
                                                    merchandise; (4) if neither the exporter                                                                      Workshops
                                                                                                            RIN 0648–XF680
                                                    nor the manufacturer has its own rate,
                                                    the cash deposit rate will continue to be                                                                        Since January 1, 2008, Atlantic shark
                                                                                                            Schedules for Atlantic Shark                          dealers have been prohibited from
                                                    4.69 percent, the all-others rate                       Identification Workshops and
                                                    established in the order.14 These deposit                                                                     receiving, purchasing, trading, or
                                                                                                            Protected Species Safe Handling,                      bartering for Atlantic sharks unless a
                                                      12 See PDM, at ‘‘Rate for Non-Examined
                                                                                                            Release, and Identification Workshops                 valid Atlantic Shark Identification
                                                    Companies’’ (for an explanation of how we               AGENCY:  National Marine Fisheries                    Workshop certificate is on the premises
                                                    preliminarily determined the rate of non-selected
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            Service (NMFS), National Oceanic and                  of each business listed under the shark
                                                    companies).
                                                      13 See Antidumping and Countervailing Duty            Atmospheric Administration (NOAA),                    dealer permit that first receives Atlantic
                                                    Proceedings: Assessment of Antidumping Duties, 68       Commerce.                                             sharks (71 FR 58057; October 2, 2006).
                                                    FR 23954 (May 6, 2003).                                 ACTION: Notice of public workshops.                   Dealers who attend and successfully
                                                      14 See Notice of Implementation of Determination                                                            complete a workshop are issued a
                                                    Under Section 129 of the Uruguay Round                  SUMMARY:   Free Atlantic Shark                        certificate for each place of business that
                                                    Agreements Act and Partial Revocation of the
                                                    Antidumping Duty Order on Polyethylene Retail
                                                                                                            Identification Workshops and Protected                is permitted to receive sharks. These
                                                    Carrier Bags from Thailand, 75 FR 48940 (August         Species Safe Handling, Release, and                   certificate(s) are valid for 3 years.
                                                    12, 2010).                                              Identification Workshops will be held in              Approximately 136 free Atlantic Shark


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Document Created: 2018-10-24 14:33:41
Document Modified: 2018-10-24 14:33:41
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
DatesApplicable September 21, 2017.
ContactShanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482-6386.
FR Citation82 FR 44160 

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