[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26224-26226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11087]


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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 and Rescission of 
Review in Part; 2013-2014

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 33 
companies. The period of review (POR) is August 1, 2013, through July 
31, 2014. We preliminarily find that subject merchandise has been sold 
at less than normal value by the one company subject to this review, 
Beyond Packaging Co., Ltd. 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: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov 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-
0665 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 2013/2014 
Antidumping Duty Administrative Review: Polyethylene Retail Carrier 
Bags from Thailand'' (Preliminary Decision Memorandum), dated 
concurrently with this notice.

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[[Page 26225]]

Rescission of Review in Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. Except 
for Beyond Packaging Co., Ltd. (Beyond Packaging), the petitioners \3\ 
withdrew their request for an administrative review of the remaining 32 
companies identified in the Initiation Notice \4\ within the 90-day 
period.\5\ The petitioners were the only party to request a review of 
these companies. Accordingly, we are rescinding this administrative 
review, in part, with respect to these companies in accordance with 19 
CFR 351.213(d)(1).
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    \3\ Polyethylene Retail Carrier Bag Committee and its individual 
members, Hilex Poly Co., LLC, and Superbag Corporation 
(collectively, the petitioners).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
58729 (September 30, 2014) (Initiation Notice). The Initiation 
Notice incorrectly lists one of the companies as 2PK Inetrplas Co., 
Ltd., instead of 2PK Interplas Co., Ltd. This error was corrected in 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 79 FR 64565 (October 30, 
2014).
    \5\ See letter from King & Spalding LLP on behalf of the 
petitioners entitled ``Polyethylene Retail Carrier Bags from 
Thailand: Partial Withdrawal of Request for Administrative Review'' 
dated December 16, 2014.
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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, the sole company 
selected for individual examination and sole company in this review. 
Thus, we preliminarily assigned 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. The Preliminary Decision Memorandum is 
a public document and is made available to the public via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS). ACCESS is available to registered 
users at http://access.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://enforcement.trade.gov/frn/index.html. A list of topics included in the 
Preliminary Decision Memorandum is included in Appendix I attached to 
this notice. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin on PRCBs from Thailand exists 
for the period August 1, 2013, through July 31, 2014, at the following 
rate:

------------------------------------------------------------------------
                                                                 Rate
                          Company                             (percent)
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Beyond Packaging Co., Ltd..................................      122.88
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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.\6\ 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.\7\
    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 within 30 days after the date of publication of this 
notice.\8\ 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.
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    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.303 (for general filing requirements).
    \8\ See 19 CFR 351.310(c).
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    When submitting a document to the Department via the Department's 
electronic records system, ACCESS, the document must be received 
successfully in its entirety by 5 p.m. Eastern Time on the date on 
which it is due.
    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, unless extended, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (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 for which the review is rescinded, the 
antidumping duty shall be assessed at the rate equal to the cash 
deposit of the estimated antidumping duty required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(2). We will instruct CBP accordingly.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of review.

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 rate for 
Beyond Packaging will be equal to the weighted-average dumping margin 
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.\9\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \9\ 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).

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[[Page 26226]]

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.

    Dated: May 1, 2015.
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. Rescission of Review in Part
E. Discussion of the Methodology
    1. 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
    2. Duty Absorption
F. Recommendation

[FR Doc. 2015-11087 Filed 5-6-15; 8:45 am]
 BILLING CODE 3510-DS-P