[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Pages 21333-21335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9230]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]


Laminated Woven Sacks From the People's Republic of China: Final 
Results of Second Antidumping Duty Administrative Review

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

SUMMARY: On December 27, 2010, the Department of Commerce 
(``Department'') published in the Federal Register the preliminary 
results of the second administrative review of the antidumping duty 
order on laminated woven sacks from the People's Republic of China 
(``PRC''). See Laminated Woven Sacks From the People's Republic of 
China: Preliminary Results of the Second Administrative Review, 75 FR 
81218 (December 27, 2010) (``Preliminary Results''). We gave interested 
parties an opportunity to comment on the Preliminary Results. Based 
upon our analysis of the comments and information received, no changes 
have been made for the final results. We continue to find that the PRC-
wide entity has sold subject merchandise at less than normal value 
during the period of review (``POR''), August 1, 2009, through July 31, 
2010.

DATES: Effective Date: April 15, 2011.

FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2615.

SUPPLEMENTARY INFORMATION: 

Background

    On September 29, 2010, the Department initiated this review with 
respect to one company. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 75 FR 60076 (September 29, 2010). The review was initiated 
with respect to Zibo Aifudi Plastic Packaging Co., Ltd. (``Aifudi'') 
upon the self-request of Aifudi and the request of Petitioners.\1\ On 
November 3, 2010, Aifudi submitted a letter notifying the Department of 
its intent to withdraw and refusal to further participate in the 
ongoing administrative review.\2\ Petitioners did not withdraw their 
request for an administrative review of Aifudi. Therefore, the 
Department did not rescind the review with respect to Aifudi.
---------------------------------------------------------------------------

    \1\ Petitioners are the Laminated Woven Sacks Committee and its 
individual members, Coating Excellence International, LLC and 
Polytex Fibers Corporation.
    \2\ See Letter from Aifudi entitled Laminated Woven Sacks from 
China; Withdrawal from Proceeding, dated November 3, 2010.
---------------------------------------------------------------------------

    In the Preliminary Results, we set the deadline for interested 
parties to submit case briefs and rebuttal briefs to January 26, 2011, 
and January 31, 2011, respectively. Due to the early closure of the 
Department resulting from inclement weather on January 26, 2011, AMS 
\3\ filed a case brief on the morning of the next business day, January 
27, 2011. Subsequently, the Department extended the deadline for 
rebuttal briefs by one day, to February 1, 2011. Petitioners filed a 
rebuttal brief on February 1, 2011. The Department did not hold a 
public hearing pursuant to 19 CFR 351.310(d), as no interested parties 
requested a hearing.
---------------------------------------------------------------------------

    \3\ AMS Associates, Inc., operating as Shapiro Packaging 
(``AMS''), importer of products produced by Aifudi.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these reviews are addressed in the ``Laminated Woven Sacks from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the Second Antidumping Duty Administrative Review'' 
(``Decision Memo''), which is dated concurrently with this notice. A 
list of the issues which parties raised and to which we respond in the 
Decision Memo is attached to this notice as an Appendix. The Decision 
Memo is a public document and is on file in the Central Records Unit, 
Main Commerce Building, Room 7046, and is accessible on the 
Department's Web site at http://www.trade.gov/ia. The paper copy and 
electronic version of the memorandum are identical in content.

Scope of the Order

    The merchandise covered by the order is laminated woven sacks. 
Laminated woven sacks are bags or sacks consisting of one or more plies 
of fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, regardless of the width of the strip; with or 
without an extrusion coating of polypropylene and/or polyethylene on 
one or both sides of the fabric; laminated by any method either to an 
exterior ply of plastic film such as biaxially-oriented polypropylene 
(``BOPP'') or to an exterior ply of paper that is suitable for high 
quality print graphics; \4\ printed with three colors or more in 
register; with or without lining; whether or not closed on one end; 
whether or not in roll form (including sheets, lay-flat tubing, and 
sleeves); with or without handles; with or without special closing 
features; not exceeding one kilogram in weight. Laminated woven sacks 
are typically used for retail packaging of consumer goods such as pet 
foods and bird seed.
---------------------------------------------------------------------------

    \4\ ``Paper suitable for high quality print graphics,'' as used 
herein, means paper having an ISO brightness of 82 or higher and a 
Sheffield Smoothness of 250 or less. Coated free sheet is an example 
of a paper suitable for high quality print graphics.
---------------------------------------------------------------------------

    Effective July 1, 2007, laminated woven sacks are classifiable 
under Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks were 
previously classifiable under HTSUS subheading 6305.33.0020. If entered 
with plastic coating on both sides of the fabric consisting of woven 
polypropylene strip and/or woven polyethylene strip, laminated woven 
sacks may be classifiable under HTSUS subheadings 3923.21.0080, 
3923.21.0095, and 3923.29.0000. If entered not closed on one end or in 
roll form (including sheets, lay-flat tubing, and sleeves), laminated 
woven sacks may be classifiable under other HTSUS subheadings including 
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the 
polypropylene

[[Page 21334]]

strips and/or polyethylene strips making up the fabric measure more 
than 5 millimeters in width, laminated woven sacks may be classifiable 
under other HTSUS subheadings including 4601.99.0500, 4601.99.9000, and 
4602.90.0000. Although HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of the order 
is dispositive.

Changes Since the Preliminary Results

    In the Preliminary Results, we determined that the use of adverse 
facts available (``AFA'') is appropriate as the basis for the weighted-
average dumping margin assigned to the PRC-wide entity, which includes 
Aifudi. There have been no changes since the Preliminary Results. 
Therefore, for the final results, we have adopted our positions in the 
Preliminary Results. Thus, the Department continues to find that the 
application of total AFA is warranted for the PRC-wide entity pursuant 
to sections 776(a)(2)(A) and (C) and 776(b) of the Tariff Act of 1930, 
as amended (``the Act'').

Use of Adverse Facts Available

    In accordance with section 776(b) of the Act, we determine that the 
use of AFA as the basis for the weighted-average dumping margin is 
appropriate for the PRC-wide entity. As explained in the Preliminary 
Results, Aifudi withdrew its participation from this administrative 
review, did not submit any information on the record regarding its 
separate rate status, and did not respond to requests for information 
from the Department. As such, Aifudi has not rebutted the presumption 
of PRC government control and does not qualify for a separate rate. 
Therefore, the Department continues to find that Aifudi should be 
treated as part of the PRC-wide entity.
    Because we have determined that Aifudi is part of the PRC-wide 
entity, the PRC-wide entity is under review. Pursuant to section 
776(a)(2)(A) and (C) of the Act, we find that Aifudi failed to respond 
to the Department's questionnaires, withheld information requested by 
the Department, and impeded the conduct of this review. Accordingly, 
the Department continues to find that it is appropriate to base the 
dumping margin of the PRC-wide entity on the facts otherwise available 
on the record. Further, because Aifudi's failure to provide the 
requested information constitutes circumstances under which it is 
reasonable to conclude that less than full cooperation has been shown, 
pursuant to section 776(b) of the Act, the Department has determined 
that, when selecting from among the facts otherwise available, an 
adverse inference is warranted with respect to the PRC-wide entity.
    As AFA, we have applied the highest dumping margin on the record of 
any segment of this proceeding, which is 91.73 percent.\5\ Furthermore, 
as required by section 776(c) of the Act, we corroborated this margin 
with respect to the PRC-wide entity, to the extent practicable. For a 
detailed explanation of how we corroborated this margin, see 
Preliminary Results.\6\
---------------------------------------------------------------------------

    \5\ See Laminated Woven Sacks from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances, 73 FR 
35646 (June 24, 2008).
    \6\ See Preliminary Results, 75 FR at 81220-21.
---------------------------------------------------------------------------

Final Results of Review

    The weighted-average dumping margins for the POR are as follows:
---------------------------------------------------------------------------

    \7\ The PRC-Wide entity includes Zibo Aifudi Plastic Packaging 
Co., Ltd.

------------------------------------------------------------------------
                                                       Weighted average
                      Exporter                          percent margin
------------------------------------------------------------------------
PRC-Wide Entity \7\.................................               91.73
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
of subject merchandise in accordance with the final results of this 
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where 
appropriate, we calculated an ad valorem rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party by the total entered values associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting ad valorem rate against the 
entered customs values for the subject merchandise. Where appropriate, 
we calculated a per-unit rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. Where an importer (or customer)-specific assessment rate 
is de minimis (i.e., less than 0.50 percent), the Department will 
instruct CBP to assess that importer (or customer's) entries of subject 
merchandise without regard to antidumping duties, in accordance with 19 
CFR 351.106(c)(2). 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 cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For Aifudi, the 
cash deposit rate will be the rate as listed above in the ``Final 
Results of Review'' section of this notice; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all 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 91.73 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under 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

[[Page 21335]]

protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 8, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Issues and Decision Memorandum

Comment 1: Decision Regarding Country of Origin
    1a. Procedures in Determining Country of Origin
    1b. Authority to Issue Instructions to CBP
Comment 2: Whether to Reject AMS' Case Brief

[FR Doc. 2011-9230 Filed 4-14-11; 8:45 am]
BILLING CODE 3510-DS-P