[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75378-75379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26220]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


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

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

SUMMARY: On June 24, 2016, 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 
Malaysia. The review covers one producer/exporter of the subject 
merchandise, Euro SME Sdn Bhd (Euro SME) for the period of review (POR) 
August 1, 2014, through July 31, 2015. The final estimated weighted-
average dumping margin is listed below in the ``Final Results of 
Review'' section of this notice.

DATES: Effective October 31, 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: 

Background

    On June 24, 2016, the Department published the Preliminary Results 
in the Federal Register, and invited parties to comment.\1\ For events 
subsequent to the Preliminary Results, see the Department's Final 
Decision Memorandum.\2\ The Department

[[Page 75379]]

conducted this review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Polyethylene Retail Carrier Bags From Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015, 81 FR 41294 (June 24, 2016) (Preliminary Results).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for Final Results of 
Antidumping Duty Administrative Review: Polyethylene Retail Carrier 
Bags from Malaysia,'' dated concurrently with, and hereby adopted by 
this notice (Final Decision Memorandum).
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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) subheading 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 Final Decision Memorandum.\3\
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    \3\ Id.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Final Decision Memorandum, which is 
hereby adopted by this notice. A list of the issues raised is attached 
to this notice as Appendix. The Final Decision Memorandum is a public 
document and is on file electronically 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 to all parties in the Central Records Unit (CRU), 
Room B8024 of the main Department of Commerce building. In addition, a 
complete version of the Final Decision Memorandum can be accessed 
directly on the Internet at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made one revision 
that changed the results for Euro SME.\4\
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    \4\ We corrected a programming error in the margin calculation 
we included in the Preliminary Results. A detailed discussion of the 
correction we made is in the final analysis memorandum for Euro SME, 
dated concurrently with this notice, which is available in ACCESS, 
to registered users at https://access.trade.gov, or available in the 
CRU.
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Final Results of the Review

    As a result of this administrative review, we determine that a 
weighted-average dumping margin of 0.00 percent exists for Euro SME for 
this POR.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
results, in accordance with 19 CFR 351.224(b).

Assessment Rates

    In accordance with 19 CFR 351.212 and the Final Modification,\5\ 
the Department will instruct U.S. Customs and Border Protection (CBP) 
to liquidate all appropriate entries for Euro SME without regard to 
antidumping duties. 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 un-
reviewed 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.
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    \5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification).
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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 0.00 percent, 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 in which that manufacturer or exporter 
participated; (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 for the manufacturer of the merchandise; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 84.94 percent.\6\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \6\ This all-others rate was 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 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)(1) of the Act, and 19 CFR 351.213(h).

    Dated: October 24, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum:

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculation
V. Discussion of the Issues
    Issue 1: Whether the U.S. Sale is Bona Fide
    Issue 2: Home Market Window Period
VI. Recommendation

[FR Doc. 2016-26220 Filed 10-28-16; 8:45 am]
BILLING CODE 3510-DS-P