[Federal Register Volume 69, Number 34 (Friday, February 20, 2004)]
[Notices]
[Pages 7908-7910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3743]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-886]


Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value: Polyethylene Retail Carrier Bags from the People's Republic 
of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amended preliminary antidumping duty determination of 
sales at less than fair value: Polyethylene Retail Carrier Bags from 
the People's Republic of China.

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EFFECTIVE DATE: February 20, 2004.

FOR FURTHER INFORMATION CONTACT: Kristin Case (United Wah) or Thomas 
Schauer (Rally Plastics), Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-3174 and (202) 482-0410, respectively.

SUPPLEMENTARY INFORMATION:

Significant Ministerial Error

    The Department of Commerce (the Department) is amending the 
preliminary determination of sales at less than fair value in the 
antidumping duty investigation of polyethylene retail carrier bags from 
the People's Republic of China (PRC) to reflect the correction of 
significant ministerial errors it made in the margin calculations 
regarding Dongguan Huang Jiang United Wah Plastic Bag Factory (United 
Wah) and Rally Plastics Company, Limited (Rally Plastics), pursuant to 
19 CFR 351.224(g)(1) and (g)(2). A ministerial error is defined as an 
error in addition, subtraction, or other arithmetic function, clerical 
error resulting from inaccurate copying, duplication, or the like, and 
any other similar type of unintentional error which the Secretary 
considers ministerial. See 19 CFR 351.224(f). A significant ministerial 
error is defined as an error, the correction of which, singly or in 
combination with other errors, would result in (1) a change of at least 
five absolute percentage points in, but not less than 25 percent of, 
the weighted-average dumping margin calculated in the original 
(erroneous) preliminary determination or (2) a difference between a 
weighted-average dumping margin of zero or de minimis and a weighted-
average dumping margin of greater than de minimis or vice versa. See 19 
CFR 351.224(g). We are publishing this amendment to the preliminary 
determination pursuant to 19 CFR 351.224(e). As a result of this 
amended preliminary determination, we have revised the antidumping 
rates for two respondents, Rally Plastics and United Wah. See 
discussion below.
    We have also revised the antidumping rate for the following 
parties: Beijing Lianbin Plastics and Printing Company Limited (Beijing 
Lianbin); Dongguan Zhongqiao Combine Plastic Bag Factory (Dongguan 
Zhongqiao); Good-in Holdings Limited (Good-in Holdings); Guangdong 
Esquel Packaging Company, Limited (Guangdong Esquel); Nan Sing 
Plastics, Limited (Nan Sing); Ningbo Fanrong Plastic Products Company 
Limited (Ningbo Fanrong); Ningbo Huansen Plasthetics Company, Limited 
(Ningbo Huansen); Rain Continent Shanghai Company Limited (Rain 
Continent); Shanghai Dazhi Enterprise Development Company, Limited 
(Shanghai Dazhi); Shanghai Fangsheng Coloured Packaging Company Limited 
(Shanghai Fangsheng); Shanghai Jingtai Packaging Material Company, 
Limited (Shanghai Jingtai); Shanghai Light Industrial Products Import 
and Export Corporation (Shanghai Light Industrial); Shanghai Minmetals 
Development Limited (Shanghai Minmetals); Shanghai New Ai Lian Import 
and Export Company Limited (Shanghai New Ai Lian); Shanghai Overseas 
International Trading Company, Limited (Shanghai Overseas); Shanghai 
Yafu Plastics Industries Company Limited (Shanghai Yafu); Weihai 
Weiquan Plastic and Rubber Products Company, Limited (Weihai Weiquan); 
Xiamen Xingyatai Industry Company, Limited (Xiamen Xingyatai); Xinhui 
Henglong; Nantong Huasheng Plastic Products Company, Limited. The 
change in the rates is appropriate because we are amending some of the 
preliminary company-specific rates on which we based the average for 
these companies, as discussed below. See Memorandum to Richard 
Rimlinger from Kristin Case, Analysis for the Amended Preliminary 
Determination of Polyethylene Retail Carrier Bags from the People's 
Republic of China (PRC): Calculation of PRC-Wide Rate Based on Adverse 
Facts Available and the Non-Adverse Margin for Respondents Not Selected 
for Analysis, dated February 12, 2004.

Ministerial-Error Allegation

    On January 26, 2004, the Department published its affirmative 
preliminary determination in this proceeding. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination: Polyethylene Retail Carrier Bags from the People's 
Republic of China, 69 FR 3544 (Preliminary Determination).
    The Department received timely allegations of ministerial errors in 
the Preliminary Determination from the Polyethylene Retail Carrier Bag 
Committee and its members (the petitioners), Hang Lung Plastic 
Manufactory (Hang Lung), and Zhongshan Dongfeng Hung Wai Plastic Bag 
Manufactory (Zhongshan). The Department has reviewed its preliminary 
calculations and agrees that some of the errors which the parties 
alleged are ministerial errors within the meaning of 19 CFR 351.224(f).
    The petitioners alleged ministerial errors with respect to Rally 
Plastics, United Wah, and Ming Pack. With respect to Rally Plastics, 
the petitioners alleged three ministerial errors: (1) the Department 
should have valued the recycled scrap input reported by Rally Plastics, 
(2) the Department should not have converted Rally Plastics' reported

[[Page 7909]]

international freight because it was reported in U.S. dollars, (3) the 
Department should have inflated the surrogate-value figure for 
electricity. With respect to United Wah, the petitioners alleged 
alleged three ministerial errors: (1) the Department should not have 
converted United Wah's reported international freight because it was 
reported in U.S. dollars, (2) the Department should use the quantity 
variable reported in the U.S. sales database rather than the quantity 
variable reported in the factors-of-production database, (3) the 
Department should have inflated the surrogate-value figure for 
electricity.
    We agree with all of the petitioners' ministerial-error allegations 
concerning Rally Plastics and United Wah. Because correction of these 
errors results in a change of at least five absolute percentage points 
in, but not less than 25 percent of, the weighted-average dumping 
margin calculated in the original (erroneous) preliminary 
determination, we have determined that these ministerial errors are 
``significant ministerial errors'' pursuant to 19 CFR 351.224(g)(1) and 
(g)(2). Accordingly, we are amending the Preliminary Determination to 
reflect the correction of these significant ministerial errors made in 
the margin calculations for Rally Plastics and United Wah in that 
determination, pursuant to 19 CFR 351.224(e).
    With respect to Ming Pack, the petitioners alleged three 
ministerial errors: (1) the Department should have valued the 
antiblocking additive usage reported by Ming Pack, (2) the Department 
should have included amounts for virgin resin that are consumed in the 
production of recycled scrap used to produce the subject merchandise, 
(3) the Department should have inflated the surrogate-value figure for 
electricity, (4) the Department should have included two U.S. sales 
transactions that it did not include in its margin calculation.
    We do not agree that we made a clerical error with respect to 
valuing Ming Pack's recycled scrap. The petitioners allege that we 
omitted a resin component in our calculation of the surrogate value for 
Ming Pack's recycled scrap. This was not inadvertent. As we stated in 
the preliminary determination, ``Ming Pak reported the use of recycled 
resin scrap in the production of its subject merchandise. Because the 
scrap represented the re-use of purchased raw materials, we only valued 
the labor and electricity used to recycle the scrap when valuing this 
input.'' See Preliminary Determination, 69 FR at 3550. Therefore, the 
alleged omission was intentional and a ministerial-error amendment is 
not appropriate.
    Furthermore, while we agree with the other errors raised by the 
petitioners with respect to Ming Pack, we find that correction of the 
alleged errors would increase the margin from 32.19 percent to 32.59 
percent. Because the errors alleged do not result in a change of at 
least five absolute percentage points in the weighted-average dumping 
margin calculated in the original (erroneous) preliminary 
determination, we are not amending our preliminary determination with 
respect to Ming Pack.
    Hang Lung alleged that the Department made a ministerial error by 
not converting its reported foreign-inland-freight expenses from Hong 
Kong dollars into U.S. dollar values. We reviewed this allegation and 
found that we inadvertently had not converted the Hong Kong dollar-
denominated freight values to U.S. dollar values. Hang Lung's 
preliminary margin was de minimis and, with this correction, the margin 
remains de minimis. Therefore, we are not amending our preliminary 
determination with respect to Hang Lung.
    Zhongshan alleged three ministerial errors: (1) the Department used 
the incorrect sales figure for allocating usage of plates, cellulose 
tape, and solvent, (2) the Department allocated cellulose tape usage to 
all U.S. sales rather than only to sales of printed bags, (3) the 
Department included the variable for the value of color master in 
addition to the usage rate for color master.
    We agree with Zhongshan's allegations. We find, however, that 
correction of the alleged errors would reduce the margin from 57.09 
percent to 52.82 percent. Because the errors alleged do not result in a 
change of at least five absolute percentage points in the weighted-
average dumping margin calculated in the original (erroneous) 
preliminary determination nor at least 25 percent of the margin 
calculated, we are not amending our preliminary determination with 
respect to Zhongshan.
    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 733(d) and (f) of the 
Tariff Act of 1930, as amended, (the Act).

Amended Preliminary Determination

    As a result of our correction of ministerial errors in the 
Preliminary Determination, we have determined that the following 
weighted-average dumping margins apply:

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter and Producer                    percent margin
------------------------------------------------------------------------
Hang Lung............................................               0.12
United Wah...........................................              25.41
Nantong..............................................              18.43
Rally Plastics.......................................              18.56
Glopack..............................................               4.45
Ming Pak.............................................              32.19
Zhongshan............................................              57.09
Beijing Lianbin......................................              18.43
Dongguan Zhongqiao...................................              18.43
Good-in Holdings.....................................              18.43
Guangdong Esquel.....................................              18.43
Nan Sing.............................................              18.43
Ningbo Fanrong.......................................              18.43
Ningbo Huansen.......................................              18.43
Rain Continent.......................................              18.43
Shanghai Dazhi.......................................              18.43
Shanghai Fangsheng...................................              18.43
Shanghai Jingtai.....................................              18.43
Shanghai Light Industrial............................              18.43
Shanghai Minmetals...................................              18.43
Shanghai New Ai Lian.................................              18.43
Shanghai Overseas....................................              18.43
Shanghai Yafu........................................              18.43
Weihai Weiquan.......................................              18.43
Xiamen Xingyatai.....................................              18.43
Xinhui Henglong......................................              18.43
PRC-wide Rate........................................              80.52
------------------------------------------------------------------------

    The PRC-wide rate has not been amended and applies to all entries 
of the subject merchandise except for entries from exporters/producers 
that are identified individually above. Moreover, the margins for Hang 
Lung, Glopack, and Zhongshan have not been amended. Further, because 
the Department's investigation focused on companies which exported 
their own merchandise, these rates are applicable to companies which 
manufacture and export their own merchandise.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our amended preliminary determination. If our final 
determination is affirmative, the ITC will determine before the later 
of 120 days after the date of the preliminary determination or 45 days 
after our final determination whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports, or sales (or the likelihood of sales) for 
importation, of the subject merchandise.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).


[[Page 7910]]


    Dated: February 13, 2004.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-3743 Filed 2-19-04; 8:45 am]
BILLING CODE 3510-DS-S