[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39056-39057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16723]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: Final Results of 
Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 7, 2015, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on polyethylene retail carrier bags (PRCBs) from 
Thailand.\1\ For these final results, we continue to find that subject

[[Page 39057]]

merchandise has been sold at less than normal value by Beyond Packaging 
Co., Ltd. (Beyond Packaging) during the period of review (POR).
---------------------------------------------------------------------------

    \1\ See Polyethylene Retail Carrier Bags from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review and 
Rescission of Review in Part; 2013-2014, 80 FR 26224 (May 7, 2015) 
(Preliminary Results) and accompanying Preliminary Decision 
Memorandum, dated May 1, 2015 (Preliminary Decision Memorandum).

---------------------------------------------------------------------------
DATES: Effective Date: July 8, 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:

Background

    On May 7, 2015, the Department published the Preliminary Results. 
The POR is August 1, 2013, through July 31, 2014. We invited interested 
parties to comment on the Preliminary Results. We received no comments.
    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 subject to the antidumping duty 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.
    As a result of changes to the Harmonized Tariff Schedule of the 
United States (HTSUS), imports of the subject merchandise are currently 
classifiable under statistical category 3923.21.0085 of the HTSUS. 
Furthermore, although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the scope of the order 
is dispositive.

Final Results of the Review

    For the final results of this review, in accordance with sections 
776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we 
continued to rely on facts available with an adverse inference to 
establish a rate of 122.88 percent as the weighted-average dumping 
margin for Beyond Packaging. As the Department explained in the 
Preliminary Decision Memorandum, the 122.88 percent rate is derived 
from the petition in the underlying investigation, and the Department 
determined that for purposes of this review, the rate is corroborated, 
in accordance with section 776(c) of the Act.\2\
---------------------------------------------------------------------------

    \2\ See Preliminary Decision Memorandum at 8.
---------------------------------------------------------------------------

Assessment Rates

    The Department will instruct U.S. Customs and Border Protection 
(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.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of administrative review for all 
shipments of subject merchandise 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) The cash deposit rate for Beyond Packaging 
will be 122.88 percent, the weighted-average dumping margin established 
in the final results of this administrative 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.\3\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

Notification to Importers

    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 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 double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    The Department is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1), and 777(i) 
of the Act and 19 CFR 351.213(h).

    Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-16723 Filed 7-7-15; 8:45 am]
 BILLING CODE 3510-DS-P