[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Notices]
[Pages 34285-34287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14061]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]


Laminated Woven Sacks From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 27, 2014, the Department of Commerce (the 
``Department'') published the Preliminary Results \1\ of the 2012-2013 
administrative review of the antidumping duty order on laminated woven 
sacks (``sacks'') from the People's Republic of China (``PRC''). The 
period of review (``POR'') is August 1, 2012, through July 31, 2013. We 
gave interested parties an opportunity to comment on the Preliminary 
Results, but we received none. The final weighted-average dumping 
margin for the PRC-wide entity is listed in the ``Final Results of 
Review'' section below.
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    \1\ See Laminated Woven Sacks From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 11075 (February 27, 2014) (``Preliminary 
Results'').

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DATES: Effective Date: June 16, 2014.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: 

Background

    We received no comments from interested parties on our Preliminary 
Results which published on February 27, 2014. The Department conducted 
this administrative review in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (``the Act'').

Scope of the Order

    The merchandise covered by the order is laminated woven sacks. 
Laminated woven sacks are bags or sacks consisting of one or more plies 
of fabric consisting of woven polypropylene strip and/or woven 
polyethylene strip, regardless of the width of the strip; with or 
without an extrusion coating of polypropylene and/or polyethylene on 
one or both sides of the fabric; laminated by any method either to an 
exterior ply of plastic film such as biaxially-oriented polypropylene 
(``BOPP'') or to an exterior ply of paper that is suitable for high 
quality print graphics; \2\ printed with three colors or more in 
register; with or without lining; whether or not closed on one end; 
whether or not in roll form (including sheets, lay-flat

[[Page 34286]]

tubing, and sleeves); with or without handles; with or without special 
closing features; not exceeding one kilogram in weight. Laminated woven 
sacks are typically used for retail packaging of consumer goods such as 
pet foods and bird seed.
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    \2\ ``Paper suitable for high quality print graphics,'' as used 
herein, means paper having an ISO brightness of 82 or higher and a 
Sheffield Smoothness of 250 or less. Coated free sheet is an example 
of a paper suitable for high quality print graphics.
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    Effective July 1, 2007, laminated woven sacks are classifiable 
under Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks were 
previously classifiable under HTSUS subheading 6305.33.0020. If entered 
with plastic coating on both sides of the fabric consisting of woven 
polypropylene strip and/or woven polyethylene strip, laminated woven 
sacks may be classifiable under HTSUS subheadings 3923.21.0080, 
3923.21.0095, and 3923.29.0000. If entered not closed on one end or in 
roll form (including sheets, lay-flat tubing, and sleeves), laminated 
woven sacks may be classifiable under other HTSUS subheadings including 
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the 
polypropylene strips and/or polyethylene strips making up the fabric 
measure more than 5 millimeters in width, laminated woven sacks may be 
classifiable under other HTSUS subheadings including 4601.99.0500, 
4601.99.9000, and 4602.90.0000. Although HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of the order is dispositive.

Preliminary Results

    Upon initiation of the administrative review, we provided the 
opportunity for all companies upon which the review was initiated to 
submit either a ``no shipment'' certification or the separate rate 
application or certification.\3\ Of the nine companies under review, 
three companies had a separate rate from a prior segment \4\ but did 
not file a ``no shipment'' certification or a separate rate 
certification on the record of this review.\5\ Consequently, these 
three companies have not provided any documentation supporting their 
continued eligibility for a separate rate. Thus, we now consider them 
to be part of the PRC-wide entity, pursuant to our practice.\6\ The 
other six companies under review in this segment did not have a 
separate rate from a prior segment of the proceeding. Because these 
companies neither established their eligibility for a separate rate 
through a separate rate application nor filed ``no shipment'' 
certifications, the Department will continue to treat these six 
companies as part of the PRC-wide entity.\7\
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation, in Part, 78 FR 
60834, 60836 (October 2, 2013).
    \4\ These three companies are: Cangnan Color Make the Bag, 
Jiangsu Hotsun Plastics, and Polywell Industrial Co. We note that 
these three companies received their separate rates in the 
underlying investigation and have not been under review since the 
investigation. See Laminated Woven Sacks from the People's Republic 
of China: Final Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances, 73 FR 
35646, 35648 (June 24, 2008).
    \5\ The Department notes that a company's eligibility for a 
separate rate necessarily requires reviewable entries from that 
company during the relevant period. See Certain Frozen Warmwater 
Shrimp From the Socialist Republic of Vietnam: Final Results of 
Antidumping Duty Administrative Review, 2011-2012, 78 FR 56211 
(September 12, 2013) and accompanying Issues and Decision Memorandum 
at Comment 11, where the Department stated that ``a company that did 
not export subject merchandise to the United States during the 
relevant period is likewise not eligible for a separate rate, 
because it has no reviewable POR entries and, thus, is not subject 
to the review (including the determination of a separate rate 
status);'' see also Policy Bulletin 5.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigations 
involving Non-Market Economy Countries, dated April 5, 2005 found 
at: http://enforcement.trade.gov/policy/bull05-1.pdf; see also 
Separate Rate Certification at page 2; found at: http://enforcement.trade.gov/nme/sep-rate-files/20121031/srv-sr-cert-20121031.pdf.
    \6\ See, e.g., Honey From the People's Republic of China: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2011-2012, 78 FR 38941 (June 28, 2013) and 
accompanying Preliminary Decision Memorandum at page 3 (``Honey 
2011-2012 Preliminary Results'') (``during the review, Dongtai Peak 
did not file a separate rate application or certification, nor did 
it file a no shipments certification. Accordingly, because Dongtai 
Peak did not demonstrate its eligibility for a separate rate, the 
Department will preliminarily treat Dongtai Peak as part of the PRC-
wide Entity.''), unchanged in Honey From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2011-2012 (``Honey 2011-2012 Final Results''), 78 FR 56860 
(September 16, 2013); see also Steel Wire Garment Hangers From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and New Shipper Review; 2011-2012, 78 FR 
70271, 70272 (November 25, 2013).
    \7\ See, e.g., Honey 2011-2012 Preliminary Results and 
accompanying Preliminary Decision Memorandum at 3, unchanged in 
Honey 2011-2012 Final Results, 78 FR at 56860.
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PRC-Wide Entity Rate

    In the Preliminary Results, we stated that the Department conducted 
a proceeding pursuant to section 129 of the Uruguay Round Agreements 
Act (``URAA'') regarding the antidumping and countervailing duty 
investigations of laminated woven sacks.\8\ Based on certain 
adjustments pursuant to section 777A(f) of the Act, the Department 
revised the PRC-wide entity rate from 91.73 percent, the only rate ever 
determined for the PRC-wide entity in this proceeding \9\ to 47.64 
percent.\10\ Consequently, in these final results, we are assigning a 
rate of 47.64 percent, as revised in the Section 129 Implementation, to 
the PRC-wide entity, which includes all nine companies initiated for 
review.
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    \8\ See Implementation of Determinations Under Section 129 of 
the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road 
Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven 
Sacks; and Light-Walled Rectangular Pipe and Tube From the People's 
Republic of China, 77 FR 52683 (August 30, 2012) (``Section 129 
Implementation'').
    \9\ See, e.g., Laminated Woven Sacks From the People's Republic 
of China: Final Results of First Antidumping Duty Administrative 
Review, 76 FR 14906 (March 18, 2011).
    \10\ See Section 129 Implementation, 77 FR at 52687-52688; see 
also Laminated Woven Sacks From the People's Republic of China: 
Final Results of Expedited First Sunset Review of the Antidumping 
Duty Order, 78 FR 64472 (October 29, 2013).
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Final Results of Review

    The Department determines that the following dumping margin exists 
for the period August 1, 2012, through July 31, 2013:

------------------------------------------------------------------------
                                                              Margin
                        Exporter                             (percent)
------------------------------------------------------------------------
PRC-Wide Entity \11\....................................           47.64
------------------------------------------------------------------------

     
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    \11\ The PRC-Wide Entity includes: Cangnan Color Make the Bag; 
Han Shing Corporation Limited; Jiangsu Hotsun Plastics; Ningbo Yong 
Feng Packaging Co., Ltd.; Polywell Industrial Co.; Shandong Qilu 
Plastic Fabric Group, Ltd.; Shandong Shouguang Jianyuanchun Co.; 
Shandong Youlian Subian Co. Ltd.; and Zibo Aifudi Plastic Packaging 
Co., Ltd.
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Assessment

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. The Department recently 
announced a refinement to its assessment practice in non-market economy 
(``NME'') cases.\12\ Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the NME-wide rate. In 
addition, if the Department determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that

[[Page 34287]]

exporter's rate) will be liquidated at the NME-wide rate.\13\
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \13\ See id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (2) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 47.64 percent; and (3) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notifications

    This notice serves as a final 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 POR. 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.
    This notice also serves as a reminder to parties subject to the 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-14061 Filed 6-13-14; 8:45 am]
BILLING CODE 3510-DS-P