[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76280-76282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29995]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-886]


Polyethylene Retail Carrier Bags From the People's Republic of 
China: Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that imports of unfinished polyethylene retail carrier bags 
(PRCBs) from the People's Republic of China (PRC) are circumventing the 
antidumping duty order on PRCBs from the PRC.\1\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
From the People's Republic of China, 69 FR 48201 (August 9, 2004) 
(Order).

---------------------------------------------------------------------------
DATES: Effective Date: December 17, 2013.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0410, and (202)482-1690, 
respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Antidumping Duty Order

    The merchandise covered by the Order is PRCBs. PRCBs subject to the 
order are currently classifiable in the Harmonized Tariff Schedule of 
the United States (HTSUS) at subheading 3923.21.0085. The HTSUS 
subheading is provided for convenience and customs purposes. A full 
description of the scope of the Order is contained in the memorandum 
from Gary Taverman, Senior Advisor for Antidumping and Countervailing 
Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, ``Preliminary Analysis Memorandum for the Circumvention 
Inquiry of the Antidumping Duty Order on Polyethylene Retail Carrier 
Bags from the People's Republic of China'' 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 the Antidumping and Countervailing Duty Centralized

[[Page 76281]]

Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at http://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/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Scope of the Circumvention Inquiry

    This anticircumvention inquiry covers merchandise from the PRC that 
appears to be an unfinished PRCB which is sealed on all four sides, cut 
to length, and which appears ready to undergo the final step in the 
production process, i.e., to use a die press to stamp out the opening 
and create the handles of a finished PRCB. The unfinished PRCBs subject 
to this inquiry may or may not have printing and may be of different 
dimensions as long as they otherwise meet the description of the scope 
of the order.

Methodology

    The Department has made this preliminary finding of circumvention 
in accordance with section 781(a) of the Tariff Act of 1930, as amended 
(Act) and 19 CFR 351.225(g). We have relied on the facts available with 
respect to certain aspects of our determination in accordance with 
section 776 of the Act because, apart from the petitioners, no parties 
came forward or submitted argument or information. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Determination

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine, pursuant to section 781(a) of the Act, that 
imports of unfinished PRCBs from the PRC are circumventing the Order.

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), we are directing U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of merchandise subject to this inquiry that is entered, or withdrawn 
from warehouse, for consumption on or after May 14, 2013, the date of 
publication of the initiation of this inquiry.\2\ We will also instruct 
CBP to require a cash deposit of estimated duties at the applicable 
rates for each unliquidated entry of the product entered, or withdrawn 
from warehouse, for consumption on or after May 14, 2013, in accordance 
with 19 CFR 351.225(l)(2).
---------------------------------------------------------------------------

    \2\ See Polyethylene Retail Carrier Bags From the People's 
Republic of China: Initiation of Anticircumvention Inquiry on 
Antidumping Duty Order, 78 FR 28194 (May 14, 2013) (Initiation 
Notice).
---------------------------------------------------------------------------

Invitation to Interested Parties To Participate

    No responding interested party such as a foreign exporter or 
producer or U.S. importer has, to date, responded to the invitation 
stated in the Initiation Notice to participate in this 
anticircumvention inquiry.\3\ In the interest of affording every 
possible opportunity to interested parties to participate, the 
Department continues to invite all interested parties to identify 
themselves and to provide information and argument that may inform the 
Department's determination. Any such interested party should enter an 
appearance pursuant to 19 CFR 351.103(d)(1) indicating their 
willingness to participate in this proceeding. Because of the 
relatively late stage of this proceeding, we require that any 
interested party submit its entry of appearance no later than 45 days 
after the date of publication of this notice.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Public Comment

    Pursuant to 19 CFR 351.309(c) and (d), interested parties may 
submit case and rebuttal briefs. As described in the ``Invitation to 
Interested Parties to Participate'' section, above, we are re-iterating 
our solicitation to interested parties to participate in this 
anticircumvention inquiry. If any interested parties come forward 
within 45 days after the date of publication of this notice, we will 
issue the briefing schedule and requirements for requesting a hearing 
at a later date.
    If no interested party comes forward within 45 days after the date 
of publication of this notice, then case briefs will be due not later 
than 50 days after the date of publication of this notice. Pursuant to 
19 CFR 351.309(d), 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.
    Additionally, if no interested party comes forward within 45 days 
after the date of publication of this notice, then 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 Enforcement and Compliance, 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 Standard Time within 50 
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. We intend to issue our final determination of 
circumvention by March 3, 2014.

Notification of the International Trade Commission

    Pursuant to section 781(e) of the Act, we will notify the 
International Trade Commission of the proposed inclusion of unfinished 
PRCBs in the Order.
    This preliminary determination of circumvention is in accordance 
with section 781(a) of the Act and 19 CFR 351.225.

    Dated: December 11, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
4. Merchandise Subject to the Minor Alterations Antidumping 
Circumvention Inquiry
5. Statutory and Regulatory Framework
6. Allegations of Circumvention as Identified in the Initiation of 
Inquiry
7. Facts Available
8. Analysis
    A. Merchandise of the Same Class or Kind
    B. Completion of Merchandise in the United States
    C. Minor or Insignificant Process
    D. Value of the Parts or Components Produced in the Foreign 
Country Is a Significant Portion of the Total Value of the 
Merchandise
    E. Factors To Consider in Determining Whether Action Is 
Necessary
     Pattern of Trade, Including Sourcing Patterns
     Affiliation
     Subsequent Import Volume

[[Page 76282]]

9. Preliminary Findings

[FR Doc. 2013-29995 Filed 12-16-13; 8:45 am]
BILLING CODE 3510-DS-P