[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68137-68138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28428]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


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

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

DATES: Effective Date: November 3, 2011.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-3683.

SUPPLEMENTARY INFORMATION: 

Background

    On September 28, 2011, the Department of Commerce (the Department) 
published Polyethylene Retail Carrier Bags From Thailand: Final Results 
of Antidumping Duty Administrative Review, 76 FR 59999 (September 28, 
2011) (Final Results), in the Federal Register.
    We received a timely allegation of a ministerial error pursuant to 
19 CFR 351.224(c) from the Polyethylene Retail Carrier Bag Committee 
and its individual members, Hilex Poly Co., LLC and Superbag Corp., the 
petitioners, alleging that we calculated a constructed value (CV) 
profit ratio using a denominator that includes direct and indirect 
selling expenses, but in the margin program we determined CV profit by 
applying this ratio to Landblue (Thailand) Co., Ltd.'s (Landblue) cost 
of production exclusive of direct selling expenses.\1\ This incongruity 
was unintentional and results in the understatement of CV profit. 
Although the Department agreed with the petitioners that the alleged 
error is a ministerial error, the Department was unable to issue a 
determination correcting this error before parties challenged the Final 
Results at the Court of International Trade (CIT). On October 25, 2011, 
the CIT granted the Department leave to amend the Final Results and 
correct the ministerial error. Therefore, in accordance with 19 CFR 
351.224(e), we are hereby amending the Final Results with respect to 
Landblue to correct the ministerial error in our calculation of 
Landblue's weighted-average margin, and with respect to the respondents 
not selected for individual examination in so far as the change in 
Landblue's weighted-average margin affects their margins.\2\ For 
details, see the respective memoranda from Bryan Hansen to the File 
entitled ``Polyethylene Retail Carrier Bags from Thailand--Landblue 
(Thailand) Co., Ltd., Amended Final Results Analysis Memorandum'' and 
``Polyethylene Retail Carrier Bags from Thailand--Amended Final Results 
Margin Calculation for Respondents Not Selected for Individual 
Examination,'' dated concurrently with this notice.
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    \1\ Because Landblue did not have home-market and third-country 
sales during the period of review, we used the 2010 financial 
statements of a third company not under review, Thantawan Public 
Industry Company, to calculate CV profit and CV selling expenses for 
Landblue.
    \2\ For the Final Results, we calculated the margins for 
respondents not selected for individual examination by using the 
public, weighted-average margin calculated using the ranged sales 
values of the selected respondents, Landblue and Thai Plastic Bags 
Industries Co., Ltd.
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Amended Final Results of the Review

    As a result of our correction of the ministerial error, we 
determine that the following percentage weighted-average dumping 
margins exist for polyethylene retail carrier bags from Thailand for 
the period August 1, 2009, through July 31, 2010:

------------------------------------------------------------------------
                   Producer/Exporter                     Percent  margin
------------------------------------------------------------------------
First Pack Co. Ltd.....................................           28.74
K International Packaging Co., Ltd.....................           28.74
Landblue (Thailand) Co., Ltd...........................           25.73
Praise Home Industry, Co. Ltd..........................           28.74
Siam Flexible Industries Co., Ltd......................           28.74
Thai Jirun Co., Ltd. 28.74.............................
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we calculated 
importer/customer-specific duty-assessment amounts with respect to 
sales by Landblue by dividing 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 kilograms Landblue sold to 
that importer or customer. We will direct CBP to assess the resulting 
per-kilogram dollar amount against each kilogram of merchandise on each 
of that importer's or customer'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). This 
clarification will apply to entries of subject merchandise during the 
POR produced by Landblue for which Landblue did not know its 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries of merchandise 
produced by Landblue at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
    For the companies which were not selected for individual 
examination and which did not submit statements of no shipments, we 
will instruct CBP to apply the rates listed above to all entries of 
subject merchandise produced and/or exported by such firms.
    The Department intends to issue instructions to CBP 15 days after 
the publication of these amended final results of review.

[[Page 68138]]

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of these amended 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 Tariff Act of 1930, as amended 
(Act): (1) The cash-deposit rates for the companies subject to the 
review 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 be 
4.69 percent, the all-others rate from the amended final determination 
of the LTFV investigation revised as a result of the Section 129 
determination published on August 12, 2010. See Notice of 
Implementation of Determination Under Section 129 of the Uruguay Round 
Agreements Act and Partial Revocation of the Antidumping Duty Order on 
Polyethylene Retail Carrier Bags From Thailand, 75 FR 48940 (August 12, 
2010).
    These deposit requirements, when imposed, 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.
    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: October 26, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-28428 Filed 11-2-11; 8:45 am]
BILLING CODE 3510-DS-M