[Federal Register Volume 73, Number 29 (Tuesday, February 12, 2008)]
[Notices]
[Pages 8031-8032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2568]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-570-886


Polyethylene Retail Carrier Bags from the People's Republic of 
China: Notice of Partial Rescission of Antidumping Duty Administrative 
Review

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

EFFECTIVE DATE: February 12, 2008.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4081.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2007, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
polyethylene retail carrier bags from the PRC for the period of August 
1, 2006, through July 31, 2007 (``POR''). See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity to Request Administrative Review, 72 FR 42383 (August 2, 
2007).
    On August 30, 2007, Sea Lake Polyethylene Enterprises, Ltd., 
Shanghai Glopack, Inc., Everfaith International (Shanghai) Ltd., and 
Shanghai Hua Yue Packaging Products requested administrative reviews of 
their sales of polyethylene retail carrier bags to the United States 
during the POR. Also on August 30, 2007, Asia Dynamics, Inc., a U.S. 
importer, requested a review of Shanghai Yafu Plastics Industry Co., 
Ltd., a producer and exporter of polyethylene retail carrier bags 
during the POR. On August 31, 2007, Crown Polyethylene Products (Int'l) 
Ltd., requested an administrative review of its sales of polyethylene 
retail carrier bags to the United States during the POR. Pursuant to 
these requests, and requests for administrative review from three other 
companies, the Department initiated an administrative review covering 
nine producers/exporters of the antidumping duty order on polyethylene 
retail carrier bags from the PRC.
    On September 25, 2007, the Department of Commerce (``the 
Department'') initiated administrative reviews of the antidumping duty 
order on polyethylene retail carrier bags from the People's Republic of 
China (``PRC'') for nine companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 72 FR 54428 (September 25, 2007) (``Initiation Notice''). On 
September 28, 2007, Crown Polyethylene Products (Int'l) Ltd. withdrew 
its request for review. On October 22, 2007, Everfaith International 
(Shanghai) Ltd., and Shanghai Hua Yue Packaging Products withdrew their 
requests for review. On December 26, 2007, Sea Lake Polyethylene 
Enterprises, Ltd., and

[[Page 8032]]

Shanghai Glopack, Inc. withdrew their requests for review. Also, on 
January 17, 2008, Asia Dynamics, Inc. withdrew its request for review 
of Shanghai Yafu Plastic Industry Co., Ltd. Therefore, the Department 
is rescinding the administrative reviews of sales of polyethylene 
retail carrier bags to the United States from the PRC covering the POR 
for these six companies.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested a 
review withdraws the request within 90 days of the date of publication 
of the notice of initiation. In this case, five of the six companies 
listed above withdrew their requests for administrative review of their 
POR exports of polyethylene retail carrier bags within 90 days from the 
date of initiation. No other interested party requested a review of 
these companies. Therefore, the Department is rescinding this review of 
the antidumping duty order on polyethylene retail carrier bags from the 
PRC with respect to Sea Lake Polyethylene Enterprises, Ltd., Shanghai 
Glopack, Inc., Everfaith International (Shanghai) Ltd., Shanghai Hua 
Yue Packaging Products, and Crown Polyethylene Products (Int'l) Ltd., 
in accordance with 19 CFR 351.213(d)(1).
    Asia Dynamics Inc. withdrew its request for administrative review 
of its POR imports of polyethylene retail carrier bags produced and 
exported by Shanghai Yafu Plastic Industry Co., Ltd. after 90 days from 
the date of initiation. However, according to 19 CFR 351.213(d)(1) the 
Secretary may extend the time limit of 90 days if the Secretary decides 
that it is reasonable to do so. Although Asia Dynamics Inc., withdrew 
its request after the 90-day deadline, we find it reasonable to accept 
the withdrawal request because, on November 16, 2007, the Department 
issued a final scope ruling where it determined that plastic bags 
called ``Personal Belongings'' bags imported by Asia Dynamics Inc. from 
Shanghai Yafu Plastics Industry Co., Ltd. are not within the scope of 
the antidumping duty order covering polyethylene retail carrier bags 
from the PRC. See Memorandum from Abdelali Elouaradia, Office Director, 
to Stephen J. Claeys, Deputy Assistant Security, titled ``Final Scope 
Ruling for Asia Dynamics, Inc., and Medline Industries, Inc.'' dated 
November 16, 2007. As a result of this final scope ruling, the 
Department issued liquidation instructions directing U.S. Customs and 
Border Protection (``CBP'') to liquidate all entries of ``Personal 
Belongings'' bags imported by Asia Dynamics Inc. No other interested 
party requested a review of this company. For these reasons, the 
Department is rescinding this review of the antidumping duty order on 
polyethylene retail carrier bags from the PRC with respect to Shanghai 
Yafu Plastic Industry Co., Ltd. in accordance with 19 CFR 
351.213(d)(1).

Assessment

    The Department will instruct ``CBP'' to assess antidumping duties 
on all appropriate entries for Sea Lake Polyethylene Enterprises, Ltd., 
Shanghai Glopack, Inc., Everfaith International (Shanghai) Ltd., 
Shanghai Hua Yue Packaging Products, Shanghai Yafu Plastics Industry 
Co., Ltd., and Crown Polyethylene Products (Int'l) Ltd. Antidumping 
duties shall be assessed at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
this notice in the Federal Register.

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded 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 Secretary's assumption that reimbursement of antidumping 
duties occurred and subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders (``APOs'')

    This notice also serves as a reminder to parties subject to APOs of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under an APO in accordance with 19 
CFR 351.305, which continues to govern business proprietary information 
in this segment of the proceeding. 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 violation which is subject to 
sanction.
    This notice is in accordance with section 777(i)(1) of the Tariff 
Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department's 
regulations.

    Dated: February 5, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-2568 Filed 2-11-04; 8:45 am]
BILLING CODE 3510-DS-S