[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65751-65752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29597]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


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

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

SUMMARY: On August 10, 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 
Thailand. We gave interested parties an opportunity to comment on the 
preliminary results. Based on our analysis of the comments received and 
an examination of our calculations, we have made certain changes for 
the final results. The final weighted-average dumping margins for the 
respondents are listed below in the ``Final Results of the Review'' 
section of this notice.

DATES: Effective Date: December 11, 2009.

FOR FURTHER INFORMATION CONTACT: Kristin Case or Richard Rimlinger, 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) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2009, the Department of Commerce (the Department) 
published Polyethylene Retail Carrier Bags from Thailand: Preliminary 
Results of Antidumping Duty Administrative Review, 74 FR 39928 (August 
9, 2009) (Preliminary Results), in the Federal Register. The 
administrative review covers Thai Plastic Bags Industries Co., Ltd., 
and Master Packaging Co., Ltd. (Master Packaging). The Department has 
determined previously that Thai Plastic Bags Industries Co., Ltd., Apec 
Film Ltd., and Winner's Pack Co., Ltd., comprise the Thai Plastic Bags 
Group (TPBG). See Notice of Final Determination of Sales at Less Than 
Fair Value: Polyethylene Retail Carrier Bags From Thailand, 69 FR 
34122, 34123 (June 18, 2004). The period of review is August 1, 2007, 
through July 31, 2008.
    We invited parties to comment on the Preliminary Results. On 
September 9, 2009, we received a case brief from TPBG. On September 10, 
2009, we received a case brief from the Polyethylene Retail Carrier Bag 
Committee and its individual members, Hilex Poly Co., LLC, and Superbag 
Corporation (collectively, the petitioners). On September 14, 2009, we 
received a rebuttal brief from TPBG. On September 15, 2009, we received 
a rebuttal brief from the petitioners. We did not hold a hearing as 
none was requested.
    We have conducted this review in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the antidumping duty order is 
polyethylene retail carrier bags (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.
    As a result of recent changes to the Harmonized Tariff Schedule of 
the United States (HTSUS), imports of the subject merchandise are 
currently classifiable under statistical category 3923.21.0085 of the 
HTSUS. Furthermore, although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

Use of Adverse Facts Available

    In the Preliminary Results and pursuant to section 776(a) of the 
Act, we determined that, because Master Packaging significantly impeded 
this proceeding by failing to respond to our antidumping questionnaire, 
it was necessary to use facts otherwise available to establish a 
dumping margin for Master Packaging. See Preliminary Results, 74 FR at 
39930. Moreover, pursuant to section 776(b) of the Act, we determined 
that it was appropriate to use an adverse inference with respect to 
Master Packaging. Id. No party commented on the Department's 
preliminary determination with respect to Master Packaging. 
Accordingly, for these final results we have continued to apply adverse 
facts available to establish a dumping margin for Master Packaging. For 
the reasons explained in the Preliminary Results, we have applied 
122.88 percent as adverse facts available to Master Packaging.

Duty Absorption

    In the preliminary results of this administrative review, pursuant 
to section 751(a)(4) of the Act, the Department found that Master 
Packaging absorbed antidumping duties on all U.S. sales. See 
Preliminary Results, 74 FR at 39929. Master Packaging did not present 
evidence to rebut the presumption that unaffiliated customers in the 
United States will not pay the full duty ultimately assessed on the 
subject merchandise. Thus, for the final results of this review, we 
continue to find that Master Packaging absorbed antidumping duties.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this review are 
addressed in the Issues and Decision Memorandum for the Antidumping 
Duty Administrative Review of Polyethylene Retail Carrier Bags from 
Thailand for the Period of Review August 31, 2007, through July 31, 
2008 (Decision Memo), which is dated concurrently with this notice, and 
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 Department's Central Records Unit 
(CRU) of the main Commerce building, Room 1117, and is accessible on 
the Web at http://

[[Page 65752]]

ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    For TPBG, we excluded packing expenses from the cost-of-goods-sold 
denominator we used in our calculations of both the general and 
administrative (G&A) and financial-expense ratios. Because the record 
evidence does not include a detailed description of TPBG's inventory-
valuation loss, pursuant to section 776(a) of the Act, we have 
estimated the portion of the loss which is attributable to finished 
goods by applying the ratio of ending finished goods to total ending 
inventory. We have included the portion of the loss which is not 
attributable to finished goods in TPBG's G&A expenses. Additionally, 
because the record does not indicate the portion of TPBG's interest 
income which is attributable to short-term interest-bearing assets, 
pursuant to section 776(a) of the Act, we have estimated the amount of 
interest income which is attributable to short-term interest-bearing 
assets by applying the ratio of short-term interest-bearing assets to 
total interest-bearing assets. We have used the amount of interest 
income attributable to short-term interest-bearing assets as an offset 
to TPBG's financial expenses. We have applied TPBG's revised G&A and 
financial expense factors to TPBG's costs as reallocated for the 
Preliminary Results. Finally, we have applied the major-input 
adjustment to TPBG's total cost of manufacturing and corrected a 
ministerial error.

Sales Below Cost in the Home Market

    For these final results of review, the Department disregarded home-
market sales by TPBG that failed the cost-of-production test.

Final Results of Review

    As a result of our review, we determine that the following 
percentage weighted-average dumping margins exist on PRCBs from 
Thailand for the period August 1, 2007, through July 31, 2008:

------------------------------------------------------------------------
                                                                Margin
                      Producer/exporter                        (percent)
------------------------------------------------------------------------
TPBG........................................................       21.99
Master Packaging............................................      122.88
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries.
    We calculated importer/customer-specific duty-assessment amounts 
with respect to export-price sales by TPBG in the following manner. We 
divided the total dumping margins (calculated as the difference between 
normal value and the export price) for each importer or customer by the 
total number of units TPBG 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. See 19 CFR 351.212(b)(1). Where the 
assessment amount is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise by that importer or 
customer.
    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-Policy Notice). This clarification will apply to entries of 
subject merchandise during the period of review produced by TPBG for 
which it did not know that the merchandise it sold to an intermediary 
(e.g., a reseller, trading company, or exporter) 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 
intermediary(ies) involved in the transaction. See Assessment-Policy 
Notice for a full discussion of this clarification.
    Because we are relying on total adverse facts available to 
establish the dumping margin for Master Packaging, we will instruct CBP 
to apply a dumping margin of 122.88 percent to all entries of subject 
merchandise produced and/or exported by Master Packaging.
    The Department intends to issue assessment instructions to CBP 15 
days after the date of publication of these 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 the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, 
consistent with section 751(a)(1) of the Act: (1) The cash-deposit 
rates for the reviewed companies will be the rates shown above; (2) for 
previously investigated or reviewed companies not listed above, the 
cash-deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this or a previous review or the original less-than-fair-
value (LTFV) 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) the cash-deposit rate for all 
other manufacturers or exporters will continue to be 2.80 percent, the 
all-others rate from the amended final determination of the LTFV 
investigation published on July 15, 2004. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value: Polyethylene Retail 
Carrier Bags From Thailand, 69 FR 42419 (July 15, 2004).
    These deposit requirements shall remain in effect until further 
notice.

Notification Requirements

    This notice serves as a 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. See id.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 the 
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 and 19 CFR 351.221(b)(5).

     Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.

Appendix

    1. Conversion-Cost Reallocation
    2. Cost of Goods Sold
    3. General and Administrative Expenses
    4. Offset for Interest Income
    5. Total Production Quantities
    6. Major-Input Adjustment
    7. Clerical Error

[FR Doc. E9-29597 Filed 12-10-09; 8:45 am]
BILLING CODE 3510-DS-P