[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16792-16793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06822]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Preliminary 
Results of Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on Polyethylene 
Retail Carrier Bags (``PRCBs'') from Malaysia, covering the period of 
review (``POR'') August 1, 2015, through July 31, 2016. The review 
covers one producer/exporter of subject merchandise, Euro SME Sdn Bhd 
(``Euro SME''). The Department preliminarily determines that Euro SME 
did not have reviewable entries during the POR. We invite interested 
parties to comment on these preliminary results.

DATES: Effective April 6, 2017.

FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-7814.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2016, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
PRCBs from Malaysia for the POR.\1\ On August 31, 2016, in response to 
a timely request from Petitioners,\2\ and in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 
351.221(c)(1)(i), the Department initiated an administrative review of 
the antidumping duty order on PRCBs from Malaysia with respect to Euro 
SME.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 81 FR 51850 (August 5, 2016).
    \2\ See Letter from Polyethylene Retail Bags Committee and its 
individual members Hilex Poly Co., LLC and Superbag Corp. 
(``Petitioners''), ``Polyethylene Retail Carrier Bags from Malaysia: 
Request for Administrative Review,'' dated August 31, 2016.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 71061 (October 14, 2016).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to this antidumping duty order is 
polyethylene retail carrier bags (PRCBs), which also 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 (15.24 cm) 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 this antidumping duty order excludes (1) PRCBs 
that are not printed with logos or store names and that are closeable 
with drawstrings made of polyethylene film and (2) PRCBs 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.
    Imports of merchandise included within the scope of this 
antidumping duty order are currently classifiable under statistical 
category 3923.21.0085 of the Harmonized Tariff Schedule of the United 
States (``HTSUS''). This subheading may also cover products that are 
outside the scope of this antidumping duty order. Although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the scope of this antidumping duty order is 
dispositive.

Preliminary Determination of No Shipments

    Subsequent to the initiation of this administrative review, the 
Department received a timely submission from Euro SME certifying that 
it did not have sales, shipments, or exports of subject merchandise to 
the United States during the POR.\4\ On October 16, 2016, the 
Department requested entry data from U.S. Customs and Border Protection 
(``CBP'') for subject merchandise

[[Page 16793]]

exported by Euro SME and imported into the United States during the 
POR.\5\ This query returned no entries during the POR.\6\ Further, the 
Department transmitted a ``no-shipments'' inquiry to CBP requesting 
that it provide any information to the contrary, should such 
information exist.\7\ On November 7, 2016, the Department was notified 
by CBP that there were no shipments of PRCBs from Malaysia during the 
POR.\8\ Consistent with our practice, we preliminarily determine that 
Euro SME had no shipments and, therefore, no reviewable entries during 
the POR. In addition, we find it is not appropriate to rescind the 
review with respect to Euro SME but, rather, to complete the review and 
issue appropriate instructions to CBP based on the final results of the 
review, consistent with our practice.\9\
---------------------------------------------------------------------------

    \4\ See Letter from Euro SME, ``Polyethylene Retail Carrier Bags 
from Malaysia; No Shipment Certification,'' dated October 18, 2016.
    \5\ See Memorandum to the File, ``U.S. Customs and Border 
Protection--No Shipment Inquiry Data,'' dated October 19, 2016.
    \6\ Id.
    \7\ See CBP message 6295302, dated October 21, 2016.
    \8\ See Memorandum to the File ``U.S. Customs and Border 
Protection--No Shipment Inquiry Data,'' dated November 7, 2016.
    \9\ See e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs to the Department no 
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 no later than five days after the time limit 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\ Case and rebuttal briefs should be filed using 
ACCESS.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing 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 ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\13\ Hearing 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 issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\14\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.310(c).
    \14\ Id.
---------------------------------------------------------------------------

    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, no later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h), unless this deadline is extended.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\15\ In accordance with the Department's 
practice, for entries of subject merchandise during the POR for which 
Euro SME did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\16\ We intend to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b).
    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) For Euro SME, which claimed no shipments, the cash deposit 
rate will remain unchanged from the rate assigned to Euro SME in the 
most recently completed review of the company; (2) for previously 
investigated or reviewed companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (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 recent period for the manufacturer of the merchandise; and 
(4) the cash deposit rate for all other manufacturers or exporters is 
2.40 percent. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also 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 period. Failure to comply with this 
requirement may result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 
351.221(b)(4).

    Dated: March 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary For Enforcement and Compliance.
[FR Doc. 2017-06822 Filed 4-5-17; 8:45 am]
 BILLING CODE 3510-DS-P