[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19209-19210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07407]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]


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

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

SUMMARY: On January 29, 2013, the Department of Commerce (the 
``Department'') published the Preliminary Results \1\ of the 2011-2012 
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. We 
gave interested parties an opportunity to comment on the Preliminary 
Results, but none were received. The final weighted-average dumping 
margin for the PRC-wide entity is listed in the ``Final Results of 
Review'' section below.
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    \1\ See Laminated Woven Sacks From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2011- 2012, 78 FR 6069 (January 29, 2013) and accompanying 
Decision Memorandum (``Preliminary Results'').

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DATES: Effective Date: March 29, 2013.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    On January 29, 2013, the Department published the Preliminary 
Results. We invited interested parties to comment on the Preliminary 
Results, but none were received. The Department has conducted this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (``the Act'').

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; \2\ 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.
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    \2\ ``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.
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    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 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.

PRC-Wide Entity

    In the Preliminary Results, the Department noted that Zibo Aifudi 
Plastic Packaging Co., Ltd. (``Aifudi''), the only company under 
review, was unresponsive to the Department's request for information 
and failed to provide the requested information by the deadline. Thus, 
we determined that Aifudi failed to establish its eligibility for a 
separate rate and, consequently, it was treated as part of the PRC-wide

[[Page 19210]]

entity. As a result, the PRC-wide entity came under review. Further, we 
preliminarily applied adverse facts available to the PRC-wide entity 
because an element of the entity, Aifudi, failed to act to the best of 
its ability in complying with the Department's request for information 
in this review.\3\ After issuing the Preliminary Results, the 
Department did not receive any comments from interested parties. 
Therefore, for these final results, in accordance with section 776(a) 
and (b) of the Act, and as explained in more detail in the Preliminary 
Results, the Department continues to find that because Aifudi, as part 
of the PRC-wide entity, failed to submit any responses to the 
Department's questionnaire, it is appropriate to apply an adverse 
inference in selecting from the facts otherwise available to determine 
a margin for the PRC-wide entity and to assign to the PRC-wide entity 
the highest dumping margin on the record of any segment of this 
proceeding, i.e., 91.73 percent.\4\ Furthermore, as stated in the 
Preliminary Results, we continue to find that the 91.73 percent rate is 
both reliable and relevant, and continue to determine that it has 
probative value.\5\ Accordingly, we find that the rate of 91.73 
percent, which is the current PRC-wide rate, is in accordance with the 
requirement of section 776(c) of the Act that secondary information be 
corroborated (i.e., that it have probative value). Thus, we have 
assigned this adverse facts available rate to exports of the subject 
merchandise from the PRC-wide entity, including Aifudi.
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    \3\ See Preliminary Results and accompanying Decision Memorandum 
at 1, 4-6.
    \4\ 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); see also Laminated Woven Sacks From the 
People's Republic of China: Preliminary Results of the Second 
Administrative Review, 75 FR 81218 (December 27, 2010) unchanged in 
Laminated Woven Sacks From the People's Republic of China: Final 
Results of Second Antidumping Duty Administrative Review, 76 FR 
21333 (April 15, 2011).
    \5\ See Preliminary Results and accompanying Decision Memorandum 
at 6-7.
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Final Results of Review

    The Department 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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Assessment

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. The Department recently 
announced a refinement to its assessment practice in non-market economy 
(``NME'') cases.\6\ Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually 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.\7\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \7\ See id.
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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 all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) 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; (2) 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 (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 exporters that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, 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 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.
    This notice also serves as a reminder to parties subject to the 
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 and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

     Dated: March 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-07407 Filed 3-28-13; 8:45 am]
BILLING CODE 3510-DS-P