[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23530-23531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10522]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


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

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

SUMMARY: On April 6, 2017, the Department of Commerce (Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on polyethylene 
retail carrier bags from Malaysia covering the period 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 found that Euro SME did not have reviewable entries 
during the period of review (POR). The Department gave interested 
parties an opportunity to comment on the Preliminary Results, but we 
received no comments. Hence, the final results are unchanged from the 
Preliminary Results, and we continue to find that Euro SME did not have 
reviewable entries during the POR.

DATES: Effective May 23, 2017.

FOR FURTHER INFORMATION CONTACT: Alex Rosen or Brendan Quinn, 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 or (202) 482-5848, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 6, 2017, the Department published the Preliminary 
Results.\1\ We invited interested parties to comment on the Preliminary 
Results,\2\ but received no comments. The Department conducted this 
review in accordance with section 751(a)(1)(B) 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; 2015-
2016, 82 FR 16792 (April 6, 2017) (Preliminary Results).
    \2\ Id., 82 FR at 16793.
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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.

Final Determination of No Shipments

    As noted above, the Department received no comments from interested 
parties concerning the Preliminary Results on the record of this 
segment of the proceeding. As there are no changes from, or comments 
on, the Preliminary Results, the Department finds that there is no 
reason to modify its analysis. Thus, we continue to find that Euro SME 
had no reviewable transactions during the POR.\3\ Accordingly, no 
decision memorandum accompanies this Federal Register notice. For 
further details of the issues addressed in this proceeding, see the 
Preliminary Results.\4\
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    \3\ See Preliminary Results, 82 FR at 16792-93.
    \4\ Id.
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Assessment Rates

    The Department determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise, where applicable, in accordance with section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b). For entries of subject 
merchandise during the POR for which SME 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 involved in the transaction.\5\ The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of this review.
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of this notice of 
final results of the administrative review, as provided 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 a firm not 
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 cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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

[[Page 23531]]

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 double antidumping 
duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

     Dated: May 17, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-10522 Filed 5-22-17; 8:45 am]
 BILLING CODE 3510-DS-P