[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]
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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\
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\1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
From the People's Republic of China, 69 FR 48201 (August 9, 2004)
(Order).
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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).
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\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).
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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.
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\3\ Id.
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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