[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28192-28194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11319]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: 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 polyethylene 
retail carrier bags (PRCBs) from Thailand. The review covers 11 
respondents. The period of review (POR) is August 1, 2011, through July 
31, 2012. We preliminarily find that subject merchandise has been sold 
at less than normal value by the companies subject to this review.

DATES: Effective Date: May 14, 2013.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the antidumping duty order is 
polyethylene retail carrier bags, which are currently classified under 
subheading 3923.21.0085 of the Harmonized Tariff Schedule of the United 
States (HTSUS). The HTSUS number is provided for convenience and 
customs purposes. A full description of the scope of the order is 
contained in the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, ``Decision 
Memorandum for Preliminary Results of the 2011/12 Antidumping Duty 
Administrative Review: Polyethylene Retail Carrier Bags from 
Thailand,'' dated concurrently with this notice (Preliminary Decision 
Memorandum), which is hereby adopted by this notice. The written 
description is dispositive.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available to registered users at http://

[[Page 28193]]

iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Methodology

    We have relied on total facts available with respect to Trinity Pac 
Co., Ltd. (Trinity Pac), the sole company selected for individual 
examination in this review. Because this company did not act to the 
best of its ability to respond to the Department's requests for 
information, we have drawn an adverse inference in selecting from among 
the facts otherwise available.\1\ We have preliminarily determined to 
apply a 122.88 percent rate as adverse facts available for Trinity 
Pac.\2\
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    \1\ See sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act).
    \2\ For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.
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Preliminary Determination of No Reviewable Entries

    With respect to TPN FlexPac Co., Ltd., we preliminarily determine 
that it had no shipments of subject merchandise to the United States 
during the POR.\3\
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    \3\ See Preliminary Decision Memorandum.
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Rates for Respondents Not Selected for Individual Examination

    Section 735(c)(5)(B) of the Act states that ``if the estimated 
weighted average dumping margins established for all exporters and 
producers individually investigated are zero or de minimis, or 
determined entirely under section 776'' in an investigation, the 
Department may ``use any reasonable method to establish the estimated 
all-others rate for exporters and producers not individually 
investigated.'' In administrative reviews, when the Department does not 
review all of the respondents, the Department will rely on section 
735(c)(5) of the Act for guidance in determining a rate for companies 
not individual investigated. In this administrative review, the only 
rate preliminarily applied to an individually investigated exporter has 
been determined pursuant to section 776(a) and (b) of the Act. 
Therefore, consistent with section 735(c)(5)(B) of the Act, we 
preliminarily determine that a reasonable method for determining the 
weighted-average dumping margins for the nine non-selected respondents 
in this review is to apply an all-others rate of 4.69 percent.\4\ This 
rate is taken from the Section 129 Determination for the original 
antidumping duty investigation.\5\
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    \4\ For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.
    \5\ 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) (Section 129 Determination).
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Preliminary Results of Review

    As a result of our review, we preliminarily determine that the 
following percentage weighted-average dumping margins on PRCBs from 
Thailand exist for the period August 1, 2011, through July 31, 2012:

------------------------------------------------------------------------
                       Company                          Margin percent
------------------------------------------------------------------------
Elite Poly and Packaging Co., Ltd...................                4.69
Multibax Public Company Limited.....................                4.69
PMC Innopack Co., Ltd...............................                4.69
Prepack Thailand Co., Ltd...........................                4.69
TPN FlexPac Co., Ltd................................                 (*)
Superpac Corporation Co. Ltd........................                4.69
Siam Best Products Trading Limited Partnership......                4.69
Two Path Plaspack Co. Ltd...........................                4.69
Sun Pack Inter Co. Ltd..............................                4.69
Apple Film Company, Ltd.............................                4.69
Trinity Pac Co. Ltd.................................             122.88
------------------------------------------------------------------------
* No shipments in this review.

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. 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. 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.
    Pursuant to 19 CFR 351.310(c), 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. 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 Time within 30 
days after the date of publication of this notice. 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. The Department intends to issue the final 
results of this administrative review, including the results of its 
analysis of the 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.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. For the final 
results, if we continue to rely on total adverse facts available to 
establish Trinity Pac's weighted-average dumping margin, we will 
instruct CBP to apply an ad valorem assessment rate of 122.88 percent 
to all entries of subject merchandise during the POR which were 
produced and/or exported by Trinity Pac.
    For the companies which were not selected for individual 
examination and for which we did not determine that there were no 
shipments, we will

[[Page 28194]]

instruct CBP to apply an ad valorem assessment rate of 4.69 rate to all 
entries of subject merchandise produced and/or exported by such firms.
    Consistent with the Assessment Policy Notice,\6\ for TPN FlexPac 
Co., Ltd., which claimed that it had no shipments of subject 
merchandise to the United States, we will instruct CBP to assess 
antidumping duties on all entries of subject merchandise at the cash 
deposit rate applicable for the intermediary company, or if no such 
rate exists, at the all-others rate of 4.69 percent from the Section 
129 Determination.
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of PRCBs from Thailand entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rates 
for the reviewed companies, except for TPN FlexPac Co., Ltd., will be 
the rates established in the final results of this review; (2) for 
previously reviewed or investigated 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 review, a prior review, or the less-than-fair-value 
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) if neither the exporter nor the manufacturer has 
its own rate, the cash deposit rate will be 4.69 percent.\7\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \7\ See Section 129 Determination.
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Notifications to Importer

    This notice also serves as a preliminary 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.
    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: May 6, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope of the Order
2. Selection of Respondents
3. Request for Duty Absorption Determinations
4. Use of Facts Otherwise Available
5. Preliminary Determination of No Reviewable Entries
6. Rate for Non-Selected Companies

[FR Doc. 2013-11319 Filed 5-13-13; 8:45 am]
BILLING CODE 3510-DS-P