[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Pages 42789-42790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17732]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: Notice of 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that TPBI Public Company Limited (TPBI) is the successor-in-
interest to Thai Plastic Bags Industries Company Limited (Thai Plastic 
Bags) for purposes of the antidumping duty order on polyethylene retail 
carrier bags (PRCBs) from Thailand and, as such, will be entitled to 
Thai Plastic Bags's exclusion from the antidumping duty order. We 
invite interested parties to comment on these preliminary results.

DATES: Effective: July 20, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION: 

Background

    On June 18, 2004, the Department published the Order on PRCBs from 
Thailand.\1\ On August 12, 2010, the Department revoked the Order on 
PRCBs from Thailand with respect to PRCBs manufactured and exported by 
Thai Plastic Bags as the result of a section 129 proceeding.\2\
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Polyethylene Retail Carrier Bags from Thailand, 69 FR 34122 
(June 18, 2004) (Order).
    \2\ 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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    On June 4, 2015, TPBI requested that the Department initiate an 
expedited changed circumstances review to confirm that TPBI is the 
successor-in-interest to Thai Plastic Bags for purposes of determining 
antidumping duty liabilities.\3\ The petitioner supports TPBI's request 
for this changed circumstances review.\4\ We received no comments 
opposing TPBI's request.
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    \3\ See Letter from TPBI to the Department, ``Polyethylene 
Retail Carrier Bags (PRCBs) from Thailand: Request for Expedited 
Changed Circumstances Review'' (June 4, 2015) (CCR Request).
    \4\ Id., at Exhibit 9.
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Scope of the Order

    The merchandise subject to the order includes PRCBs from the 
Thailand. PRCBs are currently classifiable under Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 3923.21.0085. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written product description is dispositive.\5\
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    \5\ For a complete description of the Scope of the Order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, entitled 
``Antidumping Duty Order on Polyethylene Retail Carrier Bags from 
Thailand: Decision Memorandum for the Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review Requested 
by TPBI Public Company Limited '' dated concurrently with this 
notice and hereby adopted by this notice (Preliminary Decision 
Memorandum).
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Methodology

    In making a successor-in-interest determination, the Department 
typically examines several factors including, but not limited to, 
changes in: (1) Management; (2) production facilities; (3) supplier 
relationships; and (4) customer base.\6\ While no single factor or 
combination of factors will necessarily be dispositive, the Department 
generally will consider the new company to be the successor to the 
predecessor if the resulting operations of the successor are 
essentially the same as those of its predecessor.\7\ Thus, if the

[[Page 42790]]

record demonstrates that, with respect to the production and sale of 
the subject merchandise, the new company operates as the same business 
entity as the predecessor company, the Department may assign the new 
company the cash deposit rate of its predecessor.\8\ For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of topics discussed in the 
Preliminary Decision Memorandum is included as Appendix I of this 
notice.
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    \6\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \7\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327 (January 4, 2006).
    \8\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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Initiation and Preliminary Results of the Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the 
Department will conduct a changed circumstances review (CCR) upon 
receipt of a request from an interested party or receipt of information 
concerning an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. Section 351.221(c)(3)(ii) 
of the Department's regulations permits the Department to combine the 
initiation and preliminary results of a CCR if the Department concludes 
that expedited action is warranted. In this instance, we have 
information on the record necessary to reach the preliminary results of 
CCR. As such, we find that expedited action is warranted. Accordingly, 
we have combined the preliminary results with the initiation.
    We preliminarily determine that TPBI is the successor-in-interest 
to Thai Plastic Bags for the purposes of administering the Order and 
its revocation with respect to Thai Plastic Bags. The Preliminary 
Decision Memorandum provides a full description of the analysis 
underlying our conclusions.

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\9\ 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.\10\ 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.\11\ 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, U.S. Department 
of Commerce. All documents must be filed electronically using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\12\ An electronically-
filed request must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time, within 30 days after the date of publication 
of this notice.\13\ 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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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ ACCESS is available to registered users at http://access.trade.gov.
    \13\ See 19 CFR 351.310(c).
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    In accordance with 19 CFR 351.216(e), the Department intends to 
issue the final results of this changed circumstance review not later 
than 270 days after the date on which the review is initiated, or 
within 45 days if all parties agree to our preliminary finding.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(b) and 777(i)(1) of the Act, and 19 CFR 351.216 and 
351.221(c)(3)(ii).

    Dated: July 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Analysis
    A. Analytical Framework
    B. Relevant Facts
    1. Management
    2. Production Facilities
    3. Customer Base
    4. Suppliers
    C. Analysis
    1. Time Period
    2. Successorship Analysis
    a. Management
    b. Production Facilities
    c. Customer Base
    d. Suppliers
V. Recommendation

[FR Doc. 2015-17732 Filed 7-17-15; 8:45 am]
 BILLING CODE 3510-DS-P