[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Notices]
[Pages 44825-44827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15570]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags from Malaysia: Final Results of 
Antidumping DutyAdministrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 10, 2007, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on polyethylene retail carrier bags (PRCBs) from Malaysia. 
The review covers exports of this merchandise to the United States by 
Euro Plastics Malaysia Sdn. Bhd. (Euro Plastics) for the period of 
review August 1, 2005, through July 31, 2006. We gave interested 
parties an opportunity to comment on the preliminary results. Based on 
our analysis of the comments and the revised cost information we 
received from Euro Plastics, we have made changes in the margin 
calculation for the final results of this review. The final weighted-
average margin is listed below in the ``Final Results of Review'' 
section of this notice.

EFFECTIVE DATE: August 9, 2007.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun at (202) 482-5760 or 
Richard Rimlinger at (202) 482-4477, AD/CVD Operations, Office 5, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 10, 2007, the Department of Commerce (the Department) 
published the preliminary results of review and invited parties to 
comment. See Polyethylene Retail Carrier Bags from Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review, 72 FR 
26600 (May 10, 2007) (Preliminary Results). On June 11, 2007, Euro 
Plastics filed a case brief in which the company alleged two 
ministerial errors in the calculation. The

[[Page 44826]]

petitioners\1\ did not file a case or rebuttal brief.
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    \1\ The Polyethylene Retail Carrier Bag Committee and its 
individual members, Hilex Poly Co., LLC, and Superbag Corporation.
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Scope of the Order

    The merchandise subject to this antidumping duty 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 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 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.
    Imports of the subject merchandise are currently classifiable under 
statistical category 3923.21.0085 of the Harmonized Tariff Schedule of 
the United States (HTSUS). This subheading also covers products that 
are outside the scope of the order. Furthermore, although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.

Sales Below Cost in the Home Market

    The Department conducted an investigation to determine whether Euro 
Plastics made home-market sales at prices below the cost of production. 
See Preliminary Results, 72 FR at 26601. As a result of its 
investigation, the Department disregarded certain below-cost home-
market sales for the preliminary results. As discussed below, Euro 
Plastics has submitted a more recent financial statement since we 
published the Preliminary Results. The Department has incorporated this 
financial statement into its below-cost analysis and continues to find 
that Euro Plastics made sales below cost during the period of review. 
Therefore, in accordance with section 773(b)(1) of the Tariff Act of 
1930, as amended (the Act), the Department has disregarded certain 
below-cost home-market sales for these final results.

Changes Since the Preliminary Results

    For the preliminary results, we used Euro Plastics's cost data 
based on its audited 2005 financial statement because its audited 2006 
financial statement was not available. Because the period of review 
covers five months in 2005 and seven months in 2006, we stated our 
intent to use Euro Plastics's cost data based on its audited 2006 
financial statement once the audited 2006 financial statement became 
available. See Preliminary Results, 72 FR at 26601-02. On June 4, 2007, 
Euro Plastics submitted its general and administrative expense rate and 
net interest expense rate based on its audited 2006 financial 
statement. See Euro Plastics's June 4, 2007, supplemental cost 
information, Exhibits 3 and 4. We used Euro Plastics's revised cost 
data to re-calculate its general and administrative expense and net 
interest expense.
    In its case brief, Euro Plastics identified two clerical errors. We 
agree with Euro Plastics that we made two inadvertent computer-code 
errors in the preliminary antidumping-duty margin calculation for Euro 
Plastics and have corrected them for the final results. For more 
details, see the Euro Plastics final analysis memorandum dated August 
2, 2007.

Final Results of Review

    As a result of our review, we determine that a margin of 0.00 
percent exists for Euro Plastics for the period of review August 1, 
2005, through July 31, 2006.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we will issue 
importer-specific assessment instructions for entries of subject 
merchandise during the period of review. The Department will issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of review. See also section 
751(a)(2)(C) of the Act.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by Euro 
Plastics for which it did not know its merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. For a full 
discussion of this clarification, 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 this notice of final results of administrative review 
for all shipments of PRCBs entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash-deposit rate 
for Euro Plastics will be 0.00 percent; (2) for previously investigated 
companies not listed above, the cash-deposit rate will continue to be 
the company-specific rate published in the Notice of Final 
Determination of Sales at Less Than Fair Value: Polyethylene Retail 
Carrier Bags From Malaysia, 69 FR 34128, 34129 (June 18, 2004) (Final 
Determination); (3) if the exporter is not a firm covered in this 
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; (4) if neither 
the exporter nor the manufacturer has its own rate, the cash-deposit 
rate will be 84.94 percent, the ``all others'' rate for this proceeding 
published in the Final Determination. Id. These deposit requirements 
shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.

[[Page 44827]]

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See also 19 CFR 351.305(a)(3). 
Timely written notification of the return/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 publishing these final results of administrative review and 
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 2, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-15570 Filed 8-8-07; 8:45 am]
BILLING CODE 3510-DS-S