[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Notices]
[Pages 6857-6858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2930]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-886]


Polyethylene Retail Carrier Bags from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review

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

SUMMARY: On September 9, 2008, the Department of Commerce published the 
preliminary results of the 2006/2007 administrative review of the 
antidumping duty order on polyethylene retail carrier bags from the 
People's Republic of China. The review covers two exporters. The period 
of review is August 1, 2006, through July 31, 2007. We invited 
interested parties to comment on these preliminary results.
    Based on our analysis of the comments received, we have made 
changes to our margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of the Review.''

EFFECTIVE DATE: February 11, 2009.

FOR FURTHER INFORMATION CONTACT: Kristin Case or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3174 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2008, the Department of Commerce (the Department) 
published the preliminary results of review of the antidumping duty 
order on polyethylene retail carrier bags (PRCBs) from the People's 
Republic of China (PRC). See Polyethylene Retail Carrier Bags From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, 73 FR 52282 (September 9, 2008) (Preliminary 
Results). The administrative review covers Dongguan Nozawa Plastics 
Products Co., Ltd., and United Power Packaging, Ltd. (collectively, 
Nozawa), Rally Plastics Co., Ltd. (Rally), and the PRC-wide entity.
    We invited parties to comment on the Preliminary Results. On 
October 14, 2008, we received case briefs from the Polyethylene Retail 
Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, 
and Superbag Corporation (collectively, the petitioners), and Nozawa. 
On October 20, 2008, we received rebuttal briefs from the petitioners 
and Nozawa. Because no party requested that the Department hold a 
hearing, we did not conduct a hearing prior to these final results of 
review. On December 18, 2008, we extended the deadline for completion 
of the final results of review. See Notice of Extension of Time Limit 
for Final Results of Antidumping Duty Administrative Review: 
Polyethylene Retail Carrier Bags From the People's Republic of China, 
73 FR 79442 (December 29, 2008).
    We have conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the 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 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).\1\ This subheading may also cover 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 the order is dispositive.
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    \1\ Until July 1, 2005, these products were classifiable under 
HTSUS 3923.21.0090 (Sacks and bags of polymers of ethylene, other). 
See Harmonized Tariff Schedule of the United States (2005) - 
Supplement 1 Annotated for Statistical Reporting Purposes Change 
Record - 17th Edition - Supplement 1, available at http://hotdocs.usitc.gov/docs/tata/hts/bychapter/0510/0510chgs.pdf.
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Separate Rates

    In proceedings involving non-market-economy (NME) countries, the 
Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
review in an NME country this single rate unless an exporter can 
demonstrate that it is sufficiently independent so as to be entitled to 
a separate rate.
    In the Preliminary Results, we treated the PRC as an NME country 
and found that Nozawa and Rally demonstrated their eligibility for 
separate-rate status. We received no comments from interested parties 
regarding the separate-rate status of these companies. Therefore, for 
these final results of review, we continue to find that the evidence 
placed on the record of this review by Nozawa and Rally demonstrates an 
absence of government control, both in law and in fact, with

[[Page 6858]]

respect to their exports of the subject merchandise. Thus, we have 
determined that Nozawa and Rally are eligible to receive separate 
rates.
    In the Preliminary Results, we found that Samson Plastic 
Manufactory Co. (Samson) did not demonstrate that it was separate from 
the PRC-wide entity. We received no comments from interested parties 
regarding our determination with respect to Samson. Therefore, for 
these final results of review, we continue to find that Samson is not 
separate from the PRC-wide entity and thus does not qualify for a 
separate rate.

Surrogate Country

    In the Preliminary Results, we treated the PRC as an NME country 
and, therefore, we calculated normal value in accordance with section 
773(c) of the Act. Also, we stated that we selected India as the 
appropriate surrogate country to use in this review because it is a 
significant producer of merchandise comparable to subject merchandise 
and it is at a level of economic development comparable to the PRC, 
pursuant to section 773(c)(4) of the Act. See Preliminary Results, 73 
FR at 52284. No interested party commented on our designation of the 
PRC as an NME country nor the selection of India as the surrogate 
country. Therefore, we have continued to treat the PRC as an NME 
country and have used the same surrogate country, India, for these 
final results of review.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum from 
John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, dated February 4, 2009 
(Decision Memo), which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded is in 
the Decision Memo and attached to this notice as an Appendix. The 
Decision Memo, which is a public document, is on file in the Central 
Records Unit, main Department of Commerce building, Room 1117, and is 
accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made several 
changes in our margin calculations. We have adjusted our surrogate 
financial-ratio calculations. Specifically, we have excluded 
``Unloading Charges'' from the surrogate financial-ratio calculations. 
Additionally, we have included ``Chit Dividends/Losses'' in the 
surrogate financial-ratio calculations. Moreover, we have corrected 
several undisputed classification and clerical errors in our surrogate 
financial-ratio calculations. Finally, we have revised our calculation 
of Nozawa's freight-revenue offset cap. See Decision Memo.

Final Results of the Review

    As a result of our review, we determine that the following final 
dumping margins exist for the period August 1, 2006, through July 31, 
2007:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Nozawa..............................................                3.19
Rally...............................................               25.10
PRC-wide Entity\2\..................................               77.57
------------------------------------------------------------------------
\2\ The PRC-wide entity includes Samson.

Assessment Rates

    Upon issuance of these final results, the Department will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of these final results of administrative review. For 
customers/importers of the respondents for which we do not have entered 
value, we have calculated customer/importer-specific antidumping duty 
assessment amounts based on the ratio of the total amount of 
antidumping duties calculated for the examined sales of subject 
merchandise to the total quantity of subject merchandise sold in those 
transactions. For customers/importers of the respondents for which we 
received entered-value information, we have calculated customer/
importer-specific antidumping duty assessment rates based on customer/
importer-specific ad valorem rates in accordance with 19 CFR 
351.212(b)(1). For all companies in the PRC-wide entity, we will 
instruct CBP to apply a dumping margin of 77.57 percent to all entries 
of subject merchandise produced by these companies.

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of the publication as 
provided by section 751(a)(2)(C) of the Act: (1) the cash-deposit rates 
for the reviewed companies will be the rates shown above; (2) for 
previously reviewed or investigated companies not listed above that 
have separate rates, the cash-deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) for all 
other PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash-deposit rate will be the PRC-
wide rate of 77.57 percent; (4) for all non-PRC exporters of subject 
merchandise the cash-deposit rate will be the rate applicable to the 
PRC exporter that supplied that exporter. These deposit requirements 
shall remain in effect until further notice.

Notifications

    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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties. See id.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
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 issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: February 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretaryfor Import Administration.

Appendix

1. Zeroing
2. Selection of Surrogate Financial Statements
3. Surrogate Financial-Ratio Calculations
4. Freight Revenue
5. Further-Manufacturing Cost Calculations
6. Inland-Freight Truck-Cost Calculation
7. Clerical Errors
[FR Doc. E9-2930 Filed 2-10-09; 8:45 am]
BILLING CODE 3510-DS-S