[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26666-26669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11914]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: Preliminary 
Results and Partial Rescission of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 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 (AD) order on 
polyethylene retail carrier bags (PRCBs) from Thailand covering the 
period of review (POR) from August 1, 2015, through July 31, 2016. We 
preliminary determine that Super Grip Co., Ltd. (Super Grip) had no 
shipments during the POR. Further, we are rescinding this 
administrative review with respect to the mandatory respondent Sahachit 
Watana Plastic Ind. Co., Ltd. (Sahachit). Finally, we preliminarily 
find that the mandatory respondent, Landblue (Thailand) Co., Ltd. 
(Landblue), failed to respond to the Department's questionnaire in this 
review and, as a result, Landblue received a preliminary

[[Page 26667]]

margin based on adverse facts available. Interested parties are invited 
to comment on these preliminary results.

DATES: Effective June 8, 2017.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, 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) 482-6386.

SUPPLEMENTARY INFORMATION:

Background

    These preliminary results are made in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). On August 31, 
2016, in response to a timely request from Polyethylene Retail Carrier 
Bag Committee and its individual members, Hilex Poly Co., LLC and 
Superbag Corporation (collectively, the petitioners),\1\ and in 
accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), 
we initiated an administrative review of the antidumping duty order on 
PRCBs from Thailand.\2\ On November 15, 2016, the Department selected 
Landblue and Sahachit as mandatory respondents for individual 
examination in this review.\3\ Also on November 15, 2016, we issued the 
AD questionnaire to Landblue and Sahachit.\4\ In December 2016 and 
January 2017, Sahachit responded to the Department's initial 
questionnaire.\5\ On January 12, 2017, the petitioners withdrew their 
request for an administrative review of Sahachit.\6\ On May 2, 2017, in 
accordance with section 751(a)(3)(A) of the Act, the Department 
extended the deadline for this review by 30 days.\7\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\8\ A list of topics included 
in the Preliminary Decision Memorandum is provided as an appendix to 
this notice. The Preliminary 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, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See letter from Petitioners, ``Polyethylene Retail Carrier 
Bags from Thailand: Request for Administrative Review,'' dated 
August 31, 2016 (Review Request).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 71061, dated October 14, 2016 
(Initiation Notice).
    \3\ See memorandum to the file, ``2015-2016 Administrative 
Review of the Antidumping Duty Order on Polyethylene Retail Carrier 
Bags from Thailand: Respondent Selection,'' dated November 15, 2016 
(Respondent Selection Memorandum).
    \4\ See letter from the Department to Landblue and Sahachit, 
dated November 15, 2016.
    \5\ See letter from Sahachit to the Department, ``Re: Responde 
{sic{time}  to questionaire {sic{time} ,'' dated December 14, 2016; 
see also letters from Sahachit, ``Re: Section B Questionaire 
{sic{time}  Response,''; ``Re: Section C Questionaire {sic{time}  
Response,''; ``Re: Section D Questionaire {sic{time}  Response,'' 
dated January 15, 2017.
    \6\ See letter from the petitioners, ``Polyethylene Retail 
Carrier Bags from Thailand: Partial Withdrawal of Request for 
Administrative Review,'' dated January 12, 2017.
    \7\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2015-2016 Antidumping Duty Administrative Review,'' 
dated May 2, 2017.
    \8\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2015-2016 Antidumping Duty Administrative Review: 
Polyethylene Retail Carrier Bags from Thailand'' (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 9
---------------------------------------------------------------------------

    \9\ See Preliminary Decision Memorandum for a complete 
description of the scope of the Order, which is hereby adopted by 
this notice and incorporated herein by reference.
---------------------------------------------------------------------------

    The merchandise subject to this order is PRCBs, which may be 
referred to as t-shirt sacks, merchandise bags, grocery bags, or 
checkout bags. The product is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 3923.21.0085. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Partial Rescission of Administrative Review

    On August 31, 2016, the Department received a timely request for an 
administrative review of the AD order on PRCBs from Thailand for 29 
companies.\10\ In response to a timely-filed withdrawal request by the 
petitioners,\11\ we are rescinding this administrative review with 
respect to Sahachit, pursuant to 19 CFR 351.213(d)(1).\12\ Accordingly, 
the companies subject to the instant review are the 28 companies listed 
in the ``Preliminary Results of Review'' section, below, of which 
Landblue is the remaining mandatory respondent.\13\
---------------------------------------------------------------------------

    \10\ See Review Request.
    \11\ See letter from Petitioners, ``Polyethylene Retail Carrier 
Bags from Thailand: Partial Withdrawal of Request for Administrative 
Review,'' dated January 12, 2017 (``Petitioners' Withdrawal 
Request'').
    \12\ See Preliminary Decision Memorandum, at ``Partial 
Rescission of Administrative Review'' section.
    \13\ See Respondent Selection Memorandum.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    We received a timely-filed submission from Super Grip Co., Ltd. 
(Super Grip) reporting to the Department that it made no exports, 
sales, or entries of subject merchandise to the United States during 
the POR.\14\ Based on record evidence, we preliminarily determine that 
Super Grip had no reviewable entries during the POR. For additional 
information on our preliminary determination of no reviewable entries, 
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \14\ See letter from Super Grip, ``Polyethylene Retail Carrier 
Bags from Thailand: Notice of No Shipments (08/01/15-07/31/16),'' 
dated October 28, 2016.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Act.

Facts Available

    The Department determined that Landblue withheld necessary 
information that was requested by the Department, thereby significantly 
impeding the conduct of the review, and failed to act to the best of 
its ability. Accordingly, in accordance with sections 776(a) and (b) of 
the Act, the Department applied facts available with an adverse 
inference to Landblue. For a full description of the methodology 
underlying our preliminary results, see the Preliminary Decision 
Memorandum.

Rate for Non-Selected Companies Under Review

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albermarle Corp. v. United States,\15\ we are 
applying to the non-selected companies the rate preliminarily applied 
to Landblue. For a detailed discussion, see Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \15\ See Albermarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016) (``Albermarle Corp.'').
---------------------------------------------------------------------------

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Landblue (Thailand) Co., Ltd............................          122.88
Apple Film Company, Ltd.................................          122.88
Dpac Inter Corporation Co., Ltd.........................          122.88

[[Page 26668]]

 
Elite Poly and Packaging Co., Ltd.......................          122.88
Film Master Co., Ltd....................................          122.88
Inno Cargo Co., Ltd.....................................          122.88
Innopack Industry Co., Ltd..............................          122.88
K. International Packaging Co., Ltd.....................          122.88
King Bag Co., Ltd.......................................          122.88
King Pac Industrial Co., Ltd............................          122.88
M & P World Polymer Co., Ltd............................          122.88
Minigrip (Thailand) Co., Ltd............................          122.88
Multibax Public Co., Ltd................................          122.88
Naraipak Co., Ltd.......................................          122.88
PMC Innopack Co., Ltd...................................          122.88
Poly Plast (Thailand) Co., Ltd..........................          122.88
Poly World Co., Ltd.....................................          122.88
Prepack Thailand Co., Ltd...............................          122.88
Print Master Co., Ltd...................................          122.88
Siam Best Products Trading Limited Partnership..........          122.88
Sun Pack Inter Co., Ltd.................................          122.88
Superpac Corporation Co., Ltd...........................          122.88
Thai Origin Co., Ltd....................................          122.88
Thantawan Industry Public Co., Ltd......................          122.88
Triple B Pack Co., Ltd..................................          122.88
Two Path Plaspack Co. Ltd...............................          122.88
Wing Fung Adhesive Manufacturing (Thailand) Co., Ltd....          122.88
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary results of 
review within five days of the date of publication of the notice of the 
preliminary results in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because the Department preliminarily applied a 
dumping margin based on AFA, as described in the Preliminary Decision 
Memorandum, there is nothing further to disclose. Interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this notice.\16\ 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.\17\ 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.\18\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309(c)(ii).
    \17\ See 19 CFR 351.309(d).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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 the Department's electronic records system, ACCESS, 
by 5:00 p.m. Eastern Time within 30 days after the date of publication 
of this notice.\19\ The request 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 in the respective case briefs. If a request for a 
hearing is made, parties will be notified of the date and time of the 
hearing to be held at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in all written case briefs, within 
120 days after the issuance of these preliminary results.

Assessment Rates

    Upon the completion of the administrative review, the Department 
shall determine, and CBP shall assess, antidumping duties on all 
appropriate entries. If the preliminary results are unchanged for the 
final results, we will instruct CBP to apply an ad valorem assessment 
rate of 122.88 percent to all entries of subject merchandise during the 
POR which were produced and/or exported by Landblue, and an ad valorem 
assessment rate of 122.88 percent to all entries of subject merchandise 
during the POR which were produced and/or exported by the 
aforementioned companies which were not selected for individual 
examination.\20\ With respect to Super Grip, if we continue to find 
that Super Grip had no shipments of subject merchandise in the final 
results, we will instruct CBP to liquidate any existing entries of 
merchandise produced by Super Grip, but exported by other parties, at 
the rate for the intermediate reseller, if available, or at the all-
others rate.\21\
---------------------------------------------------------------------------

    \20\ See Preliminary Decision Memorandum at ``Rate for Non-
Selected Companies'' (for an explanation of how we preliminarily 
determined the rate for non-selected companies).
    \21\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
this notice.

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 Thailand entered, or withdrawn from 
warehouse, for consumption on or after the date of publication provided 
by section 751(a)(2) of the Act: (1) The cash deposit rate for the 
respondents listed above will be equal to the dumping margins 
established in the final results of this review except if the ultimate 
rates are de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rates will be zero; (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 the manufacturer 
or exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original less-than-fair-value 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of the 
proceeding for the manufacturer of the merchandise; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 4.69 percent ad valorem.\22\ These deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \22\ 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).
---------------------------------------------------------------------------

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 review period. 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 and 19 CFR 351.213(d) and 
(h)(1).

    Dated: June 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

[[Page 26669]]

II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
    A. Use of Facts Otherwise Available
    i. Use of Facts Available
    ii. Application of Facts Available With an Adverse Inference
    iii. Selection of Corroboration of Information Used as Facts 
Available
VII. Recommendation

[FR Doc. 2017-11914 Filed 6-7-17; 8:45 am]
 BILLING CODE 3510-DS-P