[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Notices]
[Pages 6069-6070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01847]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]


Laminated Woven Sacks From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on laminated 
woven sacks (``sacks'') from the People's Republic of China (``PRC''). 
The period of review (``POR'') is August 1, 2011, through July 31, 
2012. The review covers one exporter of subject merchandise, Zibo 
Aifudi Plastic Packaging Co., Ltd. (``Aifudi''). We have preliminarily 
determined that Aifudi failed to demonstrate its eligibility for a 
separate rate. Accordingly, we are treating the company as part of the 
PRC-wide entity and subject to the PRC-wide rate.

DATES: Effective Date: January 29, 2013.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by the order \1\ 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.\2\ 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.\3\ The HTSUS subheadings are provided for convenience and 
customs purposes only; the written product description of the scope of 
the order is dispositive.
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    \1\ See Notice of Antidumping Duty Order: Laminated Woven Sacks 
From the People's Republic of China, 73 FR 45941 (August 7, 2008) 
(``Order'')
    \2\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Laminated Woven Sacks from 
the People's Republic of China,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, (``Preliminary Decision Memo''), dated concurrently 
with these results for a complete description of the Scope of the 
Order.
    \3\ Additional HTSUS considerations apply. See Preliminary 
Decision Memo.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). Because 
the sole mandatory respondent, Aifudi, was unresponsive to the 
Department's request for information, failed to provide the requested 
information by the deadline, and thus failed to establish its 
eligibility for a separate rate, Aifudi is being treated as part of the 
PRC-wide entity. As a result, the PRC-wide entity is now under review. 
In making our preliminary determination with respect to the PRC-wide 
entity, we have relied on facts available and, because an element of 
the PRC-wide entity, Aifudi, failed to act to the best of its ability 
in complying with the Department's request for information, we have 
drawn an adverse inference in selecting from among the facts otherwise 
available.\4\
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    \4\ See sections 776(a) and (b) of the Act.
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    For a full description of the methodology underlying our 
conclusions, please see the Preliminary Decision Memo, dated 
concurrently with these results and hereby adopted by this notice. The 
Preliminary Decision Memo is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memo can be accessed directly on the 
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision 
Memo and the electronic version of the Preliminary Decision Memo are 
identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following dumping 
margin exists for the period August 1, 2011, through July 31, 2012:

------------------------------------------------------------------------
                                                               Margin
                         Exporter                             (percent)
------------------------------------------------------------------------
PRC-Wide Entity (including Zibo Aifudi Plastic Packaging          91.73
 Co., Ltd.)...............................................
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Public Comment

    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\5\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\6\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\7\ Case and 
rebuttal briefs should be filed using IA ACCESS.\8\
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    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, filed electronically via IA 
ACCESS.\9\ An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after 
the date of publication of this notice.\10\ Requests should contain: 
(1) The party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. Unless extended, the Department will issue the final results of 
this administrative review, including the results of its analysis of 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'')

[[Page 6070]]

shall assess, antidumping duties on all appropriate entries covered by 
this review. The Department intends to issue assessment instructions to 
CBP 15 days after the publication of the final results of this review. 
Where assessments are based upon total facts available, including total 
adverse facts available, we instruct CBP to assess duties at the 
adverse facts available margin rate. If these preliminary results are 
unchanged in the final results, then the Department intends to instruct 
CBP to assess antidumping duties on POR entries of the subject 
merchandise produced or exported by the PRC-wide entity (including 
Aifudi) at the rate of 91.73 percent of the entered value.\11\ The 
final results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable. The 
Department recently announced a refinement to its assessment practice 
in NME cases. Pursuant to this refinement in practice, for entries that 
were not reported by companies examined during this review, the 
Department will instruct CBP to liquidate such entries at the NME-wide 
rate. In addition, if the Department determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's rate) will be liquidated at the NME-wide rate.\12\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (2) for all PRC exporters (including Aifudi) of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the rate for the PRC-wide entity; and (3) 
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 exporter that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary 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 double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: January 22, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

    1. Aifudi as Part of the PRC-Wide Entity.
    2. Application of Facts Available to the PRC-Wide Entity.
    3. Application of Adverse Facts Available to the PRC-Wide 
Entity.
    4. Selection of Adverse Facts Available Rate.
    5. Corroboration of Information.

[FR Doc. 2013-01847 Filed 1-28-13; 8:45 am]
BILLING CODE 3510-DS-P