[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Notices]
[Pages 33505-33507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13644]


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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; 2012-2013

AGENCY: Enforcement and Compliance, 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.\1\ This review covers six 
companies. The period of review (POR) is August 1, 2012, through July 
31, 2013. We preliminarily find that subject merchandise has been sold 
at less than normal value by the companies subject to this review. 
Interested parties are invited to comment on these preliminary results.
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    \1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
From Thailand, 69 FR 48204 (August 9, 2004) (Order).

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DATES: Effective Date: June 11, 2014.

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten, 
AD/CVD Operations, 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-
0768 and 202-482-1690, respectively.

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 Preliminary Decision Memorandum.\2\ The written 
description is dispositive.
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    \2\ See memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for Preliminary Results of the 2012/13 
Antidumping Duty Administrative Review: Polyethylene Retail Carrier 
Bags from Thailand'' (Preliminary Decision Memorandum), dated 
concurrently with this notice.
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    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and it 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://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Methodology

    In accordance with sections 776(a) and (b) of the Tariff Act of 
1930, as amended (the Act), we relied on facts available with an 
adverse inference with respect to Beyond Packaging Co., Ltd. (Beyond 
Packaging), the sole company selected for individual examination in 
this review. Thus, we preliminarily assign a rate of 122.88 percent as 
the weighted-average dumping margin for Beyond Packaging. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of topics included in the 
Preliminary Decision Memorandum is included in the Appendix attached to 
this notice.

Rates for Respondents Not Selected for Individual Examination

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to individual companies not 
selected for examination when the Department limits its examination in 
an administrative review pursuant to section 777A(c)(2) of the Act. In 
administrative reviews, when the Department does not review all of the 
respondents, the Department looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in an 
investigation, for guidance in determining a rate for companies not 
individually examined. Section 735(c)(5)(A) of the Act instructs

[[Page 33506]]

that we do not calculate an all-others rate using any zero or de 
minimis weighted-average dumping margins or any weighted-average 
dumping margins based entirely on facts available. 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 this 
administrative review, the only rate preliminarily applied to an 
individually examined respondent has been determined entirely 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 five non-examined respondents in this review is to apply the 
all-others rate of 4.69 percent.\3\ This all-others rate is taken from 
the Section 129 Determination for the original less-than-fair-value 
investigation.\4\
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    \3\ For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.
    \4\ 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 weighted-average dumping margins on PRCBs from Thailand exist 
for the period August 1, 2011, through July 31, 2012 at the following 
rates:

 
------------------------------------------------------------------------
                                                                 Rate
                          Company                             (percent)
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Beyond Packaging Co., Ltd..................................       122.88
Dpac Inter Corporation Co., Ltd............................         4.69
Elite Poly and Packaging Co., Ltd..........................         4.69
Poly World Co., Ltd........................................         4.69
Triple B Pack Company Limited..............................         4.69
Two Path Plaspack Co., Ltd.................................         4.69
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
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.\5\ 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.\6\ Interested parties who wish to comment on the 
preliminary results must file briefs electronically using IA ACCESS. An 
electronically-filed document must be received successfully in its 
entirety in IA ACCESS, by 5 p.m. Eastern Time on the date the document 
is due.
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    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.303 (for general filing requirements).
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    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 in 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 discussd. 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 CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. For the final results, if we continue to rely 
on adverse facts available to establish Beyond Packaging'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 Beyond Packaging.
    For the companies which were not selected for individual 
examination we will instruct CBP to apply an ad valorem assessment rate 
of 4.69 percent to all entries of subject merchandise produced and/or 
exported by such firms.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of review. We also intend to 
communicate with CBP regarding Beyond Packaging's declared address for 
subject entries and provide evidence to CBP of our attempts to find an 
accurate address.

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 will be the rates established in the final 
results of this review; (2) for merchandise exported by manufacturers 
or exporters not covered in this review but covered in a prior segment 
of the proceeding, the cash deposit rate will continue to be the 
company-specific rate published for the most recently completed segment 
of this proceeding; (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 recently completed segment of this proceeding 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 Importers

    This notice serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 33507]]


    Dated: June 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

A. Summary
B. Background
C. Scope of the Order
D. Discussion of the Methodology
    1. Selection of Respondents
    2. Request for Duty Absorption Determinations
    3. Use of Facts Otherwise Available
    a. Use of Facts Available
    b. Application of Facts Available With an Adverse Inference
    c. Selection and Corroboration of Information Used As Facts 
Available
    4. Rate for Non-Selected Companies
E. Recommendation

[FR Doc. 2014-13644 Filed 6-10-14; 8:45 am]
BILLING CODE 3510-DS-P