[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41294-41296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15011]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015

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 Malaysia. The period of review (POR) 
is August 1, 2014, through July 31, 2015. The review covers one 
producer/exporter of the subject merchandise, Euro SME Sdn Bhd (Euro 
SME). We preliminarily find that Euro SME has sold subject merchandise 
at less than normal value during the POR. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective Date: June 24, 2016.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3683 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is PRCBs. The product is 
currently classified under the Harmonized Tariff Schedules of the 
United States (HTSUS) item number 3923.21.0085. While the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description is dispositive. A full description of the scope of 
the order is contained in the Preliminary Decision Memorandum.\1\
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    \1\ 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 Antidumping Duty 
Administrative Review: Polyethylene Retail Carrier Bags from 
Malaysia'' dated concurrently with this notice (Preliminary Decision 
Memorandum), which is hereby adopted by this notice.
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Bona Fides Analysis

    We have analyzed the information provided by Euro SME in this POR 
to determine whether the company's sale under review was made in a bona 
fide manner and, as such, should be reviewed under the administrative 
review provisions of the regulations. See section 751(a)(2)(B) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213. Where a 
review is based on a single sale, exclusion of that sale as non-bona 
fide necessarily must end the review.\2\ Accordingly, as discussed in 
Euro SME's Bona Fides Memorandum, we preliminarily find Euro SME's sale 
to be bona fide and determine to continue conducting this 
administrative review.\3\
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    \2\ See Tianjin Tiancheng Pharm. Co., Ltd. v. United States, 366 
F. Supp. 2d 1249 (CIT 2005) (Tianjin Tiancheng) (quoting Certain 
Preserved Mushrooms From the People's Republic of China: Final 
Results and Partial Rescission of the New Shipper Review and Final 
Results and Partial Rescission of the Third Antidumping Duty 
Administrative Review, 68 FR 41304 (July 11, 2003) and accompanying 
Issues and Decision Memorandum at Comment 2).
    \3\ See Memorandum to The File entitled ``2014-2015 
Administrative Review of Polyethylene Retail Carrier Bags from 
Malaysia--Preliminary Bona Fides Sales Analysis of Euro SME Sdn 
Bhd,'' dated concurrently with this notice, for more details 
including certain business proprietary information.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section

[[Page 41295]]

772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
our conclusions, see 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 https://access.trade.gov, and is 
available to all parties in the Central Records Unit, room B8024 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 the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 11.53 percent exists for Euro SME 
for the period August 1, 2014, through July 31, 2015.

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), 
interested parties may submit cases 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.\4\ 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.\5\
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    \4\ See 19 CFR 351.309(d).
    \5\ Id., and 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 ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.\6\ 
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 351.310(c).
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    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 completion of the administrative review, the Department shall 
determine and CBP shall assess antidumping duties on all appropriate 
entries. If Euro SME's weighted-average dumping margin continues to be 
above de minimis in the final results of this review, we will calculate 
an importer-specific assessment rate on the basis of the ratio of the 
total amount of antidumping duties calculated for the importer's 
examined sales and the total entered value of the sales in accordance 
with 19 CFR 351.212(b)(1). If Euro SME's weighted-average dumping 
margin is zero or de minimis in the final results of review, we will 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews, i.e., ``{w{time} here the 
weighted-average margin of dumping for the exporter is determined to be 
zero or de minimis, no antidumping duties will be assessed.'' \7\
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    For entries of subject merchandise during the POR produced by Euro 
SME for which it did not know its merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
    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 notice of final results of administrative review for 
all shipments of PRCBs from Malaysia 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 
Euro SME will be the rate 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 original investigation but the manufacturer is, 
the cash deposit rate will be the rate established for the manufacturer 
of the merchandise for the most recently completed segment of this 
proceeding; (4) the cash deposit rate for all other manufacturers or 
exporters will continue to be 84.94percent.\8\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \8\ The all-others rate established in the Notice of Final 
Determination of Sales at Less Than Fair Value: Polyethylene Retail 
Carrier Bags From Malaysia, 69 FR 34128 (June 18, 2004).
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Notification 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 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 20, 2016.
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. Bona Fide Analysis
E. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
F. Product Comparisons
G. Date of Sale
H. Export Price
I. Normal Value
    1. Home Market Viability as Comparison Market
    2. Level of Trade
    3. Cost of Production

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    4. Calculation of Normal Value Based on Comparison Market Prices
J. Currency Conversion
K. Recommendation

[FR Doc. 2016-15011 Filed 6-23-16; 8:45 am]
BILLING CODE 3510-DS-P