[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Notices]
[Pages 42419-42421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15981]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-886)


Notice of Amended Final 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.

[[Page 42420]]


EFFECTIVE DATE: July 15, 2004.

FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Thomas Schauer, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-1392 and (202) 482-0410, 
respectively.

SUPPLEMENTARY INFORMATION:

Amendment to the Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on June 18, 2004, the Department 
published its notice of final determination of sales at less than fair 
value (LTFV) in the investigation of polyethylene retail carrier bags 
(PRCBs) from the People's Republic of China (PRC). See Notice of Final 
Determination of Sales at Less Than Fair Value: Polyethylene Retail 
Carrier Bags from the People's Republic of China, 69 FR 34125 (June 18, 
2004) (Final Determination). We received timely ministerial-error 
allegations from the Polyethylene Retail Carrier Bag Committee and its 
individual members (collectively, the petitioners) and from Nantong 
Huasheng Plastic Products Co., Ltd. (Nantong). On June 28, 2004, we 
received rebuttal comments concerning the petitioners ministerial-error 
allegations from Zhongshan Dongfeng Hung Wai Plastic Bag Manufactory 
(Zhongshan). No other party alleged ministerial errors or submitted 
comments.
    After analyzing the submissions, we have determined, in accordance 
with 19 CFR 351.224(e), that we made the following ministerial errors 
in our calculations performed for the final determination:
    We inadvertently included imports from the Ukraine in our 
calculation of the surrogate value for low-linear-density resin and 
included imports from the PRC in our calculation of the surrogate 
values for black and colored ink.
    When we made an adjustment to exclude the aberrational import 
quantities of several countries (i.e., South Africa, Israel, 
Switzerland, Italy, and Belgium) from our calculation of the surrogate 
value for black ink we used the wrong amounts.
    We erroneously multiplied Hang Lung Plastic Manufactory, Limited's 
(Hang Lung's) reported international-freight expense, which was 
reported in U.S. dollars, by the Hong Kong dollar exchange rate.
    We inadvertently did not convert Hang Lung's domestic inland 
freight from a per-kilogram basis to a per-thousand-bag basis.
    We did not include the unit weight (weight per 1,000 bags) in our 
calculation of Xiamen Ming Pak Plastics Company, Limited's (Ming Pak's) 
domestic inland freight and brokerage and handling expenses.
    We erroneously converted Nantong's reported U.S. prices and 
international-freight expense from a per-carton basis to a per-
thousand-bag basis.
    We did not convert the labor consumption that Nantong reported from 
a per-kilogram basis to a per-carton basis.
    We made a typographical error in assigning Nantong's domestic-
brokerage and marine-insurance expenses to U.S. sales such that we 
inadvertently assigned the expenses to all U.S. sales rather than just 
to those U.S. sales for which Nantong actually incurred such expenses.
    Correcting these errors resulted in revised margins for all 
mandatory respondents, separate rate respondents, and parties subject 
to the PRC-wide rate. For a detailed discussion of the ministerial 
errors listed above, as well as the Department's analysis, see the July 
6, 2004, Memorandum from Janis Kalnins to Mark Ross entitled 
``Ministerial Error Allegations in the Final Determination of Sales at 
Less Than Fair Value; Polyethylene Retail Carrier Bags from the 
People's Republic of China.''
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of sales at LTFV in the investigation of PRCBs 
from the PRC. The revised dumping margins are as follows:

------------------------------------------------------------------------
                                 Original final     Amended final margin
     Producer & Exporter        margin (percent)          (percent)
------------------------------------------------------------------------
Hang Lung Plastic                             0.20                  0.24
 Manufactory, Limited.......
Dongguan Huang Jiang United                  23.19                 23.22
 Wah Plastic Bag Factory....
Nantong Huasheng Plastic                      2.29                  0.01
 Products Co., Ltd..........
Rally Plastics Company,                      23.81                 23.85
 Limited....................
Shanghai Glopack Packing                     19.73                 19.79
 Company, Limited and Sea
 Lake Polyethylene
 Enterprise, Limited........
Xiamen Ming Pak Plastics                     35.23                 35.58
 Company, Limited...........
Zhongshan Dongfeng Hung Wai                  41.21                 41.28
 Plastic Bag Manufactory....
Beijing Lianbin Plastics and                 23.06                 25.69
 Printing Company, Limited..
Dongguan Zhongqiao..........                 23.06                 25.69
Good-in Holdings, Limited...                 23.06                 25.69
Guangdong Esquel............                 23.06                 25.69
Nan Sing....................                 23.06                 25.69
Ningbo Fanrong Plastics                      23.06                 25.69
 Products Company, Limited..
Ningbo Huansen Plasthetics                   23.06                 25.69
 Company, Limited...........
Rain Continent Shanghai                      23.06                 25.69
 Company, Limited...........
Shanghai Dazhi Enterprise                    23.06                 25.69
 Development Company,
 Limited....................
Shanghai Fangsheng Coloured                  23.06                 25.69
 Packaging Company, Limited.
Shanghai Jingtai Packaging                   23.06                 25.69
 Material Company, Limited..
Shanghai Light Industrial                    23.06                 25.69
 Products Import and Export
 Corporation................
Shanghai Minmetals                           23.06                 25.69
 Development, Limited.......
Shanghai New Ai Lian Import                  23.06                 25.69
 and Export Company, Limited
Shanghai Overseas                            23.06                 25.69
 International Trading
 Company, Limited...........
Shanghai Yafu Plastics                       23.06                 25.69
 Industries Company, Limited
Weihai Weiquan Plastic and                   23.06                 25.69
 Rubber Products Company,
 Limited....................
Xiamen Xingyatai Industry                    23.06                 25.69
 Company, Limited...........
Xinhui Henglong.............                 23.06                 25.69
PRC-wide Rate...............                 77.33                 77.57
------------------------------------------------------------------------


[[Page 42421]]

Separate Rates

    In the Final Determination, the Department calculated a weighted-
average margin separate from the PRC-wide rate for those companies 
which provided responses to section A of the antidumping questionnaire. 
These companies are as follows: Beijing Lianbin Plastics and Printing 
Company, Limited, Dongguan Zhongqiao, Good-in Holdings, Limited, 
Guangdong Esquel, Nan Sing, Ningbo Fanrong Plastics Products Company, 
Limited, Ningbo Huansen Plasthetics Company, Limited, Rain Continent 
Shanghai Company, Limited, Shanghai Dazhi Enterprise Development 
Company, Limited, Shanghai Fangsheng Coloured Packaging Company, 
Limited, Shanghai Jingtai Packaging Material Company, Limited, Shanghai 
Light Industrial Products Import and Export Corporation, Shanghai 
Minmetals Development, Limited, Shanghai New Ai Lian Import and Export 
Company, Limited, Shanghai Overseas International Trading Company, 
Limited, Shanghai Yafu Plastics Industries Company, Limited, Weihai 
Weiquan Plastic and Rubber Products Company, Limited, Xiamen Xingyatai 
Industry Company, Limited, and Xinhui Henglong. We calculated the 
weighted-average margin for these companies based on the rates we 
calculated for the selected mandatory respondents. Because the rates of 
the selected mandatory respondents have changed as a result of 
correcting the ministerial errors listed above, we have recalculated 
the rate for the section A respondents to be 25.69 percent. For a more 
detailed discussion of the section A rate, see Memorandum to the File 
entitled ``Analysis for the Amended Final Determination of Polyethylene 
Retail Carrier Bags from the People's Republic of China (PRC): 
Calculation of the PRC-Wide Rate Based on Adverse Facts Available and 
the Non-Adverse Margin for Section A Respondents Not Selected for 
Investigation,'' dated July 8, 2004, PRC-Wide Rate Memorandum.

The PRC-Wide Rate

    The PRC-wide rate we calculated in the Final Determination was 
77.33 percent. As a result of correcting the ministerial errors 
discussed above, we have recalculated the PRC-wide rate to be 77.57 
percent. For a more detailed discussion of the PRC-wide rate 
calculations, see the PRC-Wide Rate Memorandum.

Suspension of Liquidation

    In accordance with section 735(c)(1)(b) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of PRCBs from the PRC (except for 
entries of Hang Lung and Nantong because these companies have de 
minimis margins). In accordance with section 351.204(e)(3) of our 
regulations, these exclusions only apply to merchandise produced and 
exported by Hang Lung and Nantong. For the other companies, we will 
instruct CBP to continue to require a cash deposit or the posting of a 
bond equal to the estimated amount by which the normal value exceeds 
the U.S. price as shown above. These instructions will remain in effect 
until further notice.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: July 7, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-15981 Filed 7-14-04; 8:45 am]
BILLING CODE 3510-DS-S