83 FR 23894 - Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 100 (May 23, 2018)
International Trade Administration
Federal Register Volume 83, Issue 100 (May 23, 2018)
| Page Range | 23894-23895 | |
| FR Document | 2018-11030 |
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)] [Notices] [Pages 23894-23895] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11030] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-557-813] Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has completed the administrative review of the antidumping duty order on polyethylene retail carrier bags from Malaysia for the period of review (POR) August 1, 2016, through July 31, 2017. We continue to find that Euro SME Sdn Bhd (Euro SME) did not have shipments of subject merchandise during the POR. DATES: Applicable May 23, 2018. FOR FURTHER INFORMATION CONTACT: Alex Rosen or Brendan Quinn, 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 or (202) 482-5848, respectively. SUPPLEMENTARY INFORMATION: Background On March 19, 2018, Commerce published the Preliminary Results.\1\ We invited interested parties to comment on the Preliminary Results.\2\ We received a case brief from the Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC and Superbag Corp. (the petitioners).\3\ No other parties submitted comments or rebuttal comments. --------------------------------------------------------------------------- \1\ See Polyethylene Retail Carrier Bags from Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2016- 2017, 83 FR 11959 (March 19, 2018) (Preliminary Results). \2\ Id. at 11960. \3\ See letter from the petitioners, ``Polyethylene Retail Carrier Bags from Malaysia: Case Brief,'' dated April 11, 2018 (Petitioners' Case Brief). --------------------------------------------------------------------------- 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. Comments Received On April 11, 2018, the petitioners submitted a case brief which notes only that the 2.40 percent rate listed for all-other producers or exporters in the Preliminary Results notice is incorrect, and that the final results should reflect the 84.94 percent all-others rate established in the investigation of this order.\4\ Because this issue is addressed infra, and no further issues were briefed in the instant proceeding, no decision memorandum accompanies this Federal Register notice. --------------------------------------------------------------------------- \4\ See Petitioners' Case Brief at 1, citing to Preliminary Results, 83 FR at 11959-60 and Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags from the People's Republic of China, 69 FR 34128, 34129 (June 18, 2004) (Investigation). --------------------------------------------------------------------------- Changes Since the Preliminary Results The Preliminary Results stated that, ``effective upon publication of the final results of this administrative review . . . the cash deposit rate for all other producers or exporters is 2.40 percent.'' \5\ The 2.40 percent rate for all-other producers or exporters, as stated in the Preliminary Results notice, was a typographical error. Commerce agrees with the petitioners that it determined an all-others rate of 84.94 percent in the Investigation,\6\ that this all-others rate has not changed.\7\ Thus, the correct rate applicable to all-other producers or exporters in this review continues to be 84.94 percent. Accordingly, we are correcting the all-others rate listed in the ``Cash Deposit Requirements'' section below to accurately reflect the [[Page 23895]] 84.94 percent rate calculated in the Investigation.\8\ --------------------------------------------------------------------------- \5\ See Preliminary Results, 83 FR at 11959-60. \6\ See Investigation, 69 FR at 34129. \7\ See, e.g., Polyethylene Retail Carrier Bags from Malaysia: Final Results of the Antidumping Duty Administrative Review; 2014- 2015, 81 FR 75378, 75379 (October 31, 2016). \8\ Id. --------------------------------------------------------------------------- Final Determination of No Shipments We found in the Preliminary Results that Euro SME had no shipments of subject merchandise during the POR,\9\ and no party commented on this preliminary finding. As a result, this finding has not changed.\10\ For further details of the issues addressed in this proceeding, see the Preliminary Results.\11\ --------------------------------------------------------------------------- \9\ See Preliminary Results, 83 FR at 11959. \10\ Id. \11\ Id. --------------------------------------------------------------------------- Assessment Rates Commerce determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise, where applicable, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. Regarding Euro SME, the exporter under review, which we determined had no shipments of the subject merchandise during the POR, for any suspended entries of subject merchandise for which Euro SME did not know its merchandise was destined for the United States, we will instruct CBP to liquidate these entries at the all-others rate if there is no rate for the intermediate company involved in the transaction.\12\ --------------------------------------------------------------------------- \12\ 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 for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice of final results of the administrative review, as provided 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 a firm not 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 84.94 percent.\13\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \13\ See Investigation, 69 FR at 34129. --------------------------------------------------------------------------- Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: May 17, 2018. 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. 2018-11030 Filed 5-22-18; 8:45 am] BILLING CODE 3510-DS-P
![23894 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
certification (i.e., documents maintained in polyethylene retail carrier bags from not printed with logos or store names
the normal course of business, or documents Malaysia for the period of review (POR) and that are closeable with drawstrings
obtained by the certifying party, for example, August 1, 2016, through July 31, 2017. made of polyethylene film and (2)
mill certificates, productions records, PRCBs that are packed in consumer
We continue to find that Euro SME Sdn
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a Bhd (Euro SME) did not have shipments packaging with printing that refers to
period of three years after the conclusion of of subject merchandise during the POR. specific end-uses other than packaging
any litigation in the United States courts DATES: Applicable May 23, 2018. and carrying merchandise from retail
regarding such entries; FOR FURTHER INFORMATION CONTACT: Alex
establishments, e.g., garbage bags, lawn
• I understand that {INSERT NAME OF bags, trash-can liners.
Rosen or Brendan Quinn, AD/CVD
EXPORTING COMPANY} must provide this Imports of merchandise included
Exporter Certification to the U.S. importer Operations, Office III, Enforcement and
within the scope of this antidumping
before or at the time of shipment; Compliance, International Trade
duty order are currently classifiable
• I understand that {INSERT NAME OF Administration, U.S. Department of
under statistical category 3923.21.0085
EXPORTING COMPANY} is required to Commerce, 1401 Constitution Avenue
of the Harmonized Tariff Schedule of
provide a copy of this certification and NW, Washington, DC 20230; telephone: the United States (HTSUS). This
supporting records, upon request, to U.S. (202) 482–7814 or (202) 482–5848,
Customs and Border Protection (CBP) and/or subheading may also cover products
respectively. that are outside the scope of this
the Department of Commerce (Commerce);
• I understand that the claims made SUPPLEMENTARY INFORMATION: antidumping duty order. Although the
herein, and the substantiating documentation HTSUS subheading is provided for
Background
are subject to verification by CBP and/or the convenience and customs purposes, the
Commerce; On March 19, 2018, Commerce written description of the scope of this
• I understand that failure to maintain the published the Preliminary Results.1 We antidumping duty order is dispositive.
required certification and/or failure to invited interested parties to comment on
substantiate the claims made herein will the Preliminary Results.2 We received a Comments Received
result in: On April 11, 2018, the petitioners
case brief from the Polyethylene Retail
Æ suspension of all unliquidated entries
Carrier Bag Committee and its submitted a case brief which notes only
(and entries for which liquidation has not
become final) for which these requirements individual members, Hilex Poly Co., that the 2.40 percent rate listed for all-
were not met, and LLC and Superbag Corp. (the other producers or exporters in the
Æ the requirement that the importer post petitioners).3 No other parties submitted Preliminary Results notice is incorrect,
applicable antidumping duty (AD) and/or comments or rebuttal comments. and that the final results should reflect
countervailing duty (CVD) cash deposits (as the 84.94 percent all-others rate
appropriate) equal to the rates as determined Scope of the Order established in the investigation of this
by the Department; The merchandise subject to this order.4 Because this issue is addressed
• This certification was completed beforeantidumping duty order is polyethylene infra, and no further issues were briefed
or at the time of shipment of the relevant retail carrier bags (PRCBs), which also in the instant proceeding, no decision
entries;
may be referred to as t-shirt sacks, memorandum accompanies this Federal
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes merchandise bags, grocery bags, or Register notice.
criminal sanctions on individuals who checkout bags. The subject merchandise Changes Since the Preliminary Results
knowingly and willfully make material false is defined as non-sealable sacks and
statements to the U.S. government. bags with handles (including The Preliminary Results stated that,
drawstrings), without zippers or integral ‘‘effective upon publication of the final
Signature results of this administrative review
lllllllllllllllllllll extruded closures, with or without
gussets, with or without printing, of . . . the cash deposit rate for all other
NAME OF COMPANY OFFICIAL producers or exporters is 2.40
lllllllllllllllllllll
polyethylene film having a thickness no
greater than 0.035 inch (0.889 mm) and percent.’’ 5 The 2.40 percent rate for all-
TITLE no less than 0.00035 inch (0.00889 mm), other producers or exporters, as stated
lllllllllllllllllllll and with no length or width shorter in the Preliminary Results notice, was a
DATE than 6 inches (15.24 cm) or longer than typographical error. Commerce agrees
[FR Doc. 2018–11029 Filed 5–22–18; 8:45 am] 40 inches (101.6 cm). The depth of the with the petitioners that it determined
bag may be shorter than 6 inches (15.24 an all-others rate of 84.94 percent in the
BILLING CODE 3510–DS–P
cm) but not longer than 40 inches (101.6 Investigation,6 that this all-others rate
cm). has not changed.7 Thus, the correct rate
DEPARTMENT OF COMMERCE PRCBs are typically provided without applicable to all-other producers or
any consumer packaging and free of exporters in this review continues to be
International Trade Administration charge by retail establishments, e.g., 84.94 percent. Accordingly, we are
grocery, drug, convenience, department, correcting the all-others rate listed in
[A–557–813] the ‘‘Cash Deposit Requirements’’
specialty retail, discount stores, and
Polyethylene Retail Carrier Bags From restaurants to their customers to section below to accurately reflect the
Malaysia: Final Results of Antidumping package and carry their purchased 4 See Petitioners’ Case Brief at 1, citing to
Duty Administrative Review; 2016– products. The scope of this antidumping Preliminary Results, 83 FR at 11959–60 and Notice
2017 duty order excludes (1) PRCBs that are of Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags from the
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY: Enforcement and Compliance, 1 See Polyethylene Retail Carrier Bags from People’s Republic of China, 69 FR 34128, 34129
International Trade Administration, Malaysia: Preliminary Results of Antidumping Duty (June 18, 2004) (Investigation).
Department of Commerce. Administrative Review; 2016–2017, 83 FR 11959 5 See Preliminary Results, 83 FR at 11959–60.
(March 19, 2018) (Preliminary Results). 6 See Investigation, 69 FR at 34129.
SUMMARY: The Department of Commerce 2 Id. at 11960. 7 See, e.g., Polyethylene Retail Carrier Bags from
(Commerce) has completed the 3 See letter from the petitioners, ‘‘Polyethylene Malaysia: Final Results of the Antidumping Duty
administrative review of the Retail Carrier Bags from Malaysia: Case Brief,’’ Administrative Review; 2014–2015, 81 FR 75378,
antidumping duty order on dated April 11, 2018 (Petitioners’ Case Brief). 75379 (October 31, 2016).
VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1](https://thefederalregister.org/doc/83_FR_23994/page/1.svg)
![Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices 23895
84.94 percent rate calculated in the will be the rate established for the most DEPARTMENT OF COMMERCE
Investigation.8 recent period for the manufacturer of
the merchandise; and (4) the cash International Trade Administration
Final Determination of No Shipments
deposit rate for all other manufacturers
We found in the Preliminary Results or exporters is 84.94 percent.13 These [A–570–026, C–570–027]
that Euro SME had no shipments of cash deposit requirements, when
subject merchandise during the POR,9 Certain Corrosion-Resistant Steel
imposed, shall remain in effect until
and no party commented on this Products From the People’s Republic
further notice.
preliminary finding. As a result, this of China: Affirmative Final
finding has not changed.10 For further Notification to Importers Determination of Circumvention of the
details of the issues addressed in this Antidumping Duty and Countervailing
proceeding, see the Preliminary This notice serves as a final reminder Duty Orders
Results.11 to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a AGENCY: Enforcement and Compliance,
Assessment Rates International Trade Administration,
certificate regarding the reimbursement
Commerce determined, and U.S. of antidumping duties prior to Department of Commerce.
Customs and Border Protection (CBP) liquidation of the relevant entries SUMMARY: The Department of Commerce
shall assess, antidumping duties on all during this POR. Failure to comply with (Commerce) determines that imports of
appropriate entries of subject this requirement could result in certain corrosion-resistant steel
merchandise, where applicable, in Commerce’s presumption that products (CORE), produced in the
accordance with section 751(a)(2)(C) of Socialist Republic of Vietnam (Vietnam)
reimbursement of antidumping duties
the Act and 19 CFR 351.212(b). using carbon hot-rolled steel (HRS) or
occurred and the subsequent assessment
Commerce intends to issue assessment cold-rolled steel (CRS) flat products
instructions to CBP 15 days after the of double antidumping duties.
manufactured in the People’s Republic
date of publication of the final results of Administrative Protective Order of China (China), are circumventing the
this review. antidumping duty (AD) and
Regarding Euro SME, the exporter This notice also serves as a reminder
countervailing duty (CVD) orders on
under review, which we determined to parties subject to administrative
CORE from China.
had no shipments of the subject protective order (APO) of their
merchandise during the POR, for any responsibility concerning the DATES: Applicable May 23, 2018.
suspended entries of subject disposition of proprietary information FOR FURTHER INFORMATION CONTACT:
merchandise for which Euro SME did disclosed under APO in accordance Nancy Decker or Mark Hoadley, AD/
not know its merchandise was destined with 19 CFR 351.305(a)(3). Timely CVD Operations, Office VII,
for the United States, we will instruct written notification of the return or Enforcement and Compliance,
CBP to liquidate these entries at the all- destruction of APO materials, or International Trade Administration,
others rate if there is no rate for the conversion to judicial protective order, U.S. Department of Commerce, 1401
intermediate company involved in the Constitution Avenue NW, Washington,
is hereby requested. Failure to comply
transaction.12 DC 20230; telephone: (202) 482–0196 or
with the regulations and terms of an
Cash Deposit Requirements APO is a sanctionable violation. (202) 482–3148, respectively.
SUPPLEMENTARY INFORMATION:
The following cash deposit We are issuing and publishing these
requirements will be effective for all final results and this notice in Background
shipments of subject merchandise accordance with sections 751(a)(1) and
entered, or withdrawn from warehouse, On December 11, 2017, Commerce
777(i) of the Act and 19 CFR published the Preliminary
for consumption on or after the 351.221(b)(5).
publication date of this notice of final Determination 1 of circumvention of the
results of the administrative review, as Dated: May 17, 2018. CORE Orders.2 A summary of the events
provided by section 751(a)(2)(C) of the Gary Taverman, that occurred since Commerce
Act: (1) For Euro SME, which claimed Deputy Assistant Secretary for Antidumping
published the Preliminary
no shipments, the cash deposit rate will and Countervailing Duty Operations, Determination, as well as a full
remain unchanged from the rate performing the non-exclusive functions and discussion of the issues raised by parties
assigned to Euro SME in the most duties of the Assistant Secretary for for this final determination, may be
recently completed review of the Enforcement and Compliance. found in the Issues and Decision
company; (2) for previously investigated [FR Doc. 2018–11030 Filed 5–22–18; 8:45 am]
1 See Certain Corrosion-Resistant Steel Products
or reviewed companies not listed above, BILLING CODE 3510–DS–P
from the People’s Republic of China: Affirmative
the cash deposit rate will continue to be Preliminary Determination of Anti-Circumvention
the company-specific rate published for Inquiries on the Antidumping Duty and
the most recent period; (3) if the Countervailing Duty Orders, 82 FR 58170
(December 11, 2017) (Preliminary Determination)
exporter is a firm not covered in this and accompanying Preliminary Decision
review, a prior review, or the less-than- Memorandum.
fair-value investigation, but the 2 See Certain Corrosion-Resistant Steel Flat
manufacturer is, the cash deposit rate Products from India, Italy, the People’s Republic of
daltland on DSKBBV9HB2PROD with NOTICES
China, the Republic of Korea, and Taiwan:
8 Id. Amended Final Affirmative Antidumping Duty
9 See
Determination for India and Taiwan, and
Preliminary Results, 83 FR at 11959. Antidumping Duty Orders, 81 FR 48390 (July 25,
10 Id.
2016), and Certain Corrosion-Resistant Steel
11 Id.
Products from India, Italy, Republic of Korea, and
12 See Antidumping and Countervailing Duty the People’s Republic of China: Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 Order, 81 FR 48387 (July 25, 2016) (collectively,
FR 23954 (May 6, 2003). 13 See Investigation, 69 FR at 34129. CORE Orders).
VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1](https://thefederalregister.org/doc/83_FR_23994/page/2.svg)
Document Created: 2018-05-22 23:48:53
Document Modified: 2018-05-22 23:48:53
| 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 | Applicable May 23, 2018. | |
| Contact | Alex Rosen or Brendan Quinn, 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 or (202) 482-5848, respectively. | |
| FR Citation | 83 FR 23894 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR