[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63718-63720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29018]


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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 July 29, 2009, the Department of Commerce published the 
preliminary results of the 2007/2008 administrative review of the 
antidumping duty order on polyethylene retail carrier bags from the 
People's Republic of China. The review covers one exporter. The period 
of review is August 1, 2007, through July 31, 2008. 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

[[Page 63719]]

the reviewed firm is listed below in the section entitled ``Final 
Results of the Review.''

EFFECTIVE DATE: December 4, 2009.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos 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-
1757 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 29, 2009, 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, 74 FR 37694 (July 29, 2009) (Preliminary 
Results). The administrative review covers Zongshan Rally Plastics Co., 
Ltd., and Rally Plastics Co., Ltd. (collectively Rally).
    We invited parties to comment on the Preliminary Results. On August 
31, 2009, 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 Rally. On 
September 3, 2009, we received a rebuttal brief from Rally. Although 
Rally requested on August 28, 2009, that the Department hold a hearing, 
it withdrew its request for a hearing on September 4, 2009; therefore, 
we did not conduct a hearing.
    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 Rally demonstrated its eligibility for separate-rate 
status. We received no comments from interested parties regarding the 
separate-rate status of Rally. Therefore, for these final results of 
review, we continue to find that the evidence placed on the record of 
this review by Rally demonstrates an absence of government control, 
both in law and in fact, with respect to its exports of the subject 
merchandise. Thus, we have determined that Rally is eligible to receive 
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, 74 
FR at 37694. 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, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration, dated concurrently with 
this notice (Decision Memo), which is hereby adopted by this notice. 
The issue which parties have raised and to which we have responded in 
the Decision Memo relates to the valuation of NME purchases of a factor 
of production, calcium carbonate. Parties can find a complete 
discussion of the issue raised in this review and the corresponding 
recommendation in this public memorandum, which 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. Specifically, we have changed our 
selection of the surrogate value for the valuation of calcium 
carbonate. See Decision Memo and Analysis Memorandum dated concurrently 
with this notice. Additionally, we have corrected undisputed clerical 
errors in our calculations. See Analysis Memorandum.

[[Page 63720]]

Final Results of the Review

    As a result of our review, we determine that a final weighted-
average dumping margin of 17.92 percent exists for Rally for the period 
August 1, 2007, through July 31, 2008.

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of administrative review. In 
calculating importer-specific assessment rates, we divided the total 
dumping margins (calculated as the difference between normal value and 
export price) for each of Rally's importers or customers 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 in each of that importer's/customer's entries 
during the review period.

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)(1) of the Act: (1) for subject merchandise 
exported by Rally, the cash deposit rate will be 17.92 percent; (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 destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 violation subject to sanction.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

    Dated: November 25, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29018 Filed 12-3-09; 8:45 am]
BILLING CODE 3510-DS-S