[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16292-16293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06567]


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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 Final 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) 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: March 25, 2014

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.

Background

    We published the affirmative preliminary determination on December 
17, 2013, finding that imports of unfinished PRCBs from the PRC are 
circumventing the Order, pursuant to section 781(a) of the Act and 19 
CFR 351.225(g).\2\ In the Preliminary Determination, we 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.\3\ In addition, we stated in the Preliminary Determination 
that ``{i{time} n 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'' \4\ as well as comment on the Preliminary 
Determination. However, no interested party such as a foreign exporter 
or producer or U.S. importer responded to these invitations to 
participate in this circumvention inquiry.
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    \2\ See Polyethylene Retail Carrier Bags From the People's 
Republic of China: Affirmative Preliminary Determination of 
Circumvention of the Antidumping Duty Order, 78 FR 76280 (December 
17, 2013) (Preliminary Determination).
    \3\ Id., 78 FR at 76281.
    \4\ Id.
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    We also invited interested parties to comment on the Preliminary 
Determination. We received no comments.

Scope of the Order

    The merchandise subject to the Order is PRCBs which may be referred 
to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. 
The subject merchandise is defined as non-sealable sacks and bags with 
handles (including drawstrings), without zippers or integral extruded 
closures, with or without gussets, with or without printing, of 
polyethylene film having a thickness no greater than 0.035 inch (0.889 
mm) and no less than 0.00035 inch (0.00889 mm), and with no length or 
width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 
cm). The depth of the bag may be shorter than 6 inches but not longer 
than 40 inches (101.6 cm). PRCBs are typically provided without any 
consumer packaging and free of charge by retail establishments, e.g., 
grocery, drug, convenience, department, specialty retail, discount 
stores, and restaurants, to their customers to package and carry their 
purchased products. The scope of the order excludes (1) polyethylene 
bags that are not printed with logos or store names and that are 
closeable with drawstrings made of polyethylene film and (2) 
polyethylene bags that are packed in consumer packaging with printing 
that refers to specific end-uses other than packaging and carrying 
merchandise from retail establishments, e.g., garbage bags, lawn bags, 
trash-can liners. Imports of the subject merchandise are currently 
classifiable under statistical category 3923.21.0085 of the Harmonized 
Tariff Schedule of the United States (HTSUS). This subheading also 
covers products that are outside the scope of the order. Furthermore, 
although the HTSUS subheading is provided for convenience and customs 
purposes, our written description of the scope of the order is 
dispositive.

Scope of the Circumvention Inquiry

    This circumvention 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 PRCB. The unfinished PRCBs subject to this 
inquiry may or may not have printing and may be of different dimensions 
as long as they meet the description of the scope of the order.

Final Determination

    In the Preliminary Determination, we determined that imports of 
unfinished PRCBs from the PRC are circumventing the Order. 
Specifically, we determined that imports of unfinished PRCBs from the 
PRC are being completed and sold in the United States pursuant to the 
statutory and regulatory criteria laid out in section 781(a) of the Act 
and 19 CFR 351.225(g). We based our Preliminary Determination upon 
evidence which the petitioners placed on the record of the proceeding, 
and, in addition, we 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 complete discussion of the 
evidence which led to our preliminary determination with respect to 
each of these factors, see the Preliminary Determination Memorandum.\5\
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    \5\ See Memorandum from Gary Taverman to Paul Piquado, 
``Preliminary Analysis Memorandum for the Circumvention Inquiry of 
the Antidumping Duty Order on Polyethylene Retail Carrier Bags from 
the People's Republic of China'' (December 10, 2013) (Preliminary 
Determination Memorandum).
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    Because no party provided any additional information or comment 
contradicting our Preliminary Determination, our final determination 
remains unchanged from the Preliminary Determination. Accordingly, we 
determine, pursuant to section 781(a) of the Act and 19 CFR 351.225(g), 
that imports of unfinished

[[Page 16293]]

PRCBs from the PRC are circumventing the Order.

Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we are continuing to direct Customs and Border 
Protection to suspend liquidation and to require a cash deposit of 
estimated duties at the applicable rate on unliquidated entries of 
merchandise subject to this inquiry that are entered, or withdrawn from 
warehouse, for consumption on or after May 14, 2013, the date of 
publication of the initiation of this inquiry.\6\
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    \6\ See Initiation Notice.
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Notification to Interested Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    This determination of circumvention is in accordance with section 
781(a) of the Act and 19 CFR 351.225(g).

     Dated: March 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-06567 Filed 3-24-14; 8:45 am]
BILLING CODE 3510-DS-P