[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58947-58948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27440]



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DEPARTMENT OF COMMERCE

International Trade Administration

A-557-813


Polyethylene Retail Carrier Bags From Malaysia: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 9, 2009, the Department of Commerce (the Department) 
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, 2007, through July 31, 2008.
    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 to 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: November 16, 2009.

FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Yang Jin Chun, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0180 and (202) 482-5760, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 9, 2009, 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, 74 FR 32880 (July 9, 2009) (Preliminary 
Results). On August 10, 2009, Euro Plastics and the petitioners\1\ 
filed case briefs. On August 17, 2009, Euro Plastics and the 
petitioners filed rebuttal briefs. There was no hearing requested or 
conducted for this administrative review.
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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 the order is dispositive.

Analysis of the Comments Received

    All issues raised in the case briefs by parties to this review are 
addressed in the ``Issues and Decision Memorandum'' (Decision Memo) 
from Acting Deputy Assistant Secretary John M. Andersen to Acting 
Assistant Secretary Ronald K. Lorentzen dated November 6, 2009, 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 (CRU) of the 
main Department of Commerce building, Room 1117, and is accessible on 
the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and 
electronic version of the Decision Memo are identical in content.

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, 74 FR at 32882. As a result of its 
investigation, the Department disregarded certain below-cost home-
market sales for the preliminary results. For the final results, in 
accordance with section 773(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department has continued to disregard certain below-cost 
home-market sales.

Changes Since the Preliminary Results

    Based on our analysis of comments received and based on our own 
analysis of the Preliminary Results, we have made revisions that have 
changed the results for Euro Plastics. We have corrected programming 
and ministerial errors in the margin calculations we included in the 
Preliminary Results. A detailed discussion of each correction we made 
is in the final analysis memorandum for Euro Plastics which is on file 
in the CRU of the main Department of Commerce building, Room 1117.

Final Results of Review

    As a result of our review, we determine that a margin of 56.13 
percent exists for Euro Plastics for the period August 1, 2007, through 
July 31, 2008.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries of merchandise produced and/or exported by Euro Plastics. In 
accordance with 19 CFR 351.212(b)(1), we have calculated, whenever 
possible, an importer/customer-specific assessment rate or value for 
subject merchandise. See also section 751(a)(2)(C) of the Act.
    With respect to export-price (EP) sales, we divided the total 
dumping margins for each importer or customer by the total number of 
units the exporter sold to that importer or customer. We will direct 
CBP to assess the resulting per-unit dollar amount against each unit of 
merchandise on each of that importer's or customer's entries during the 
period of review. For constructed export-price (CEP) sales, we divided 
the total dumping margins for the reviewed sales by the total entered 
value of those

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reviewed sales for each importer. We will direct CBP to assess the 
resulting percentage margin against the entered customs values for the 
subject merchandise on each of that importer's entries during the 
period of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
of Antidumping Duties). 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 Assessment of Antidumping Duties.
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of 
review.

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 56.13 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. 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)(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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).

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 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: November 6, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

1. Product-Specific Resin Cost
2. G&A and Financial Expenses
3. Product-Specific Yield Losses
4. Home-Market Sales Tax and Import Duties
5. Home-Market Freight Expenses
6. Home-Market Credit Expense
7. Standard Weight versus Actual Weight
8. U.S. Indirect Selling Expenses
9. U.S. Discounts

[FR Doc. E9-27440 Filed 11-13-09; 8:45 am]
BILLING CODE 3510-DS-S