[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44160-44162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20125]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 8, 2017, the Department of Commerc
e (Department) published the preliminary results of the administrative
review (AR) of the antidumping duty (AD) order on polyethylene retail
carrier bags (PRCBs) from Thailand. The period of review (POR) is
August 1, 2015, through July 31, 2016. We invited parties to comment on
the preliminary results. We received no comments. Accordingly, the
final results remain unchanged from the preliminary results.DATES:
Applicable September 21, 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 Ave. NW., Washington, DC
20230; telephone: (202) 482-6386.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2017, the Department published in the Federal Register
the preliminary results of the 2015-2016 administrative review of the
AD order on PRCBs from Thailand.\1\ In the Preliminary Results, we
rescinded the review for mandatory respondent, Sahachit Watana Plastic
Ind. Co. Ltd. (Sahachit) in accordance with 19 CFR 351.213(d)(1).\2\ In
the Preliminary Results, we also preliminarily applied adverse facts
available to mandatory
[[Page 44161]]
respondent Landblue (Thailand) Co., Ltd. (Landblue), pursuant to
section 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act).\3\ In addition, in accordance with section 735(c)(5)(B) of the
Act, the Department preliminarily assigned to the non-selected
companies the only rate determined for an individual respondent in this
review, 122.88 percent.\4\ Finally, in the Preliminary Results, we
preliminarily determined that Super Grip Co., Ltd. (Super Grip) had no
shipments during the POR.\5\ The Department gave interested parties an
opportunity to comment on the Preliminary Results. None were received.
The Department conducted this review in accordance with section
751(a)(2) of the Act.
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\1\ See 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, 82 FR 26666 (June 8, 2017) (Preliminary Results) and
accompanying Preliminary Decision Memorandum (PDM).
\2\ Id. at 26667.
\3\ Id. at 26667, 26668.
\4\ Id. at 26667.
\5\ Id.
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Scope of the Order
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 subject merchandise is defined as nonsealable 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
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 the order excludes (1) polyethylene bags that
are not printed with logos or store names and that are closeable with
drawstrings made of polyethylene film and (2) polyethylene bags 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.
As a result of changes to the Harmonized Tariff Schedule of the
United States (HTSUS), imports of the subject merchandise are currently
classifiable under statistical category 3923.21.0085 of the HTSUS.
Furthermore, although the HTSUS subheading is provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.
Final Determination of No Shipments
As noted above, in the Preliminary Results, we preliminarily
determined that Super Grip had no shipments during the POR.\6\ We
received no comments from interested parties with respect to this
claim. Therefore, because the record indicates that Super Grip did not
export subject merchandise to the United States during the POR, and the
Department has not received any information that would cause it to
alter its Preliminary Results, we continue to find that Super Grip had
no shipments during the POR.
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\6\ Id.
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Final Results of Review
Because the Department received no comments after the Preliminary
Results for consideration for these final results, we have made no
changes to the Preliminary Results. We continue to determine that
Landblue did not act to the best of its ability by failing to respond
to the Department's questionnaires, pursuant to section 776(a) and (b)
of the Act; that the application of adverse facts available to Landblue
is warranted; and that the rate of 122.88 percent is appropriate to
apply to Landblue as adverse facts available. This rate is the highest
rate calculated in the Final LTFV \7\ and has been applied in each
successive administrative review of this proceeding.\8\ Accordingly,
pursuant to section 776(c)(2) of the Act, this rate does not require
corroboration.
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\7\ See Notice of Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags from Thailand, 69 FR 34122,
34125 (June 18, 2004) (Final LTFV).
\8\ See Final LTFV, 69 FR at 34123-34124; Polyethylene Retail
Carrier Bags from Thailand: Final Results of Antidumping Duty
Administrative Review, 72 FR 1982, 1983 (January 17, 2007);
Polyethylene Retail Carrier Bags from Thailand: Final Results of
Antidumping Duty Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review, 72 FR 64580, 64582 (November
16, 2007); Polyethylene Retail Carrier Bags from Thailand: Final
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review, 74 FR 2511,
2512 (January 15, 2009) (2006-2007 Final Results); and Polyethylene
Retail Carrier Bags from Thailand: Final Results of Antidumping Duty
Administrative Review, 74 FR 65751, 65752 (December 11, 2009).
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In addition, consistent with the Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\9\ we have
determined that a reasonable method for determining the rate for the
non-selected companies is to use the rate applied to the mandatory
respondent (Landblue) in this administrative review.\10\ This is the
only rate determined in this review for an individual respondent and,
thus, should be applied to the 26 non-selected companies under section
735(c)(5)(B) of the Act. Accordingly, we are assigning to the non-
selected companies the dumping margin of 122.88 percent.
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\9\ See Albermarle Corp. & Subsidiaries v. United States, 821
F.3d 1345 (Fed. Cir. 2016).
\10\ See, e.g., Certain Small Diameter Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe (Under 4\1/2\ Inches) From Japan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014-2015, 81 FR 45124,
45124 (July 12, 2016), unchanged in Certain Small Diameter Carbon
and Alloy Seamless Standard, Line, and Pressure Pipe (Under 4\1/2\
Inches) From Japan: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2014-2015, 81 FR
80640, 80641 (November 16, 2016).
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We therefore determine for these final results that the following
weighted-average dumping margins on PRCBs from Thailand exist for the
POR:
------------------------------------------------------------------------
Weighted-
average
Exporter/Producer dumping
margins
(percent)
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Landblue (Thailand) Co., Ltd................................ 122.88
Apple Film Company, Ltd..................................... 122.88
Dpac Inter Corporation Co., Ltd............................. 122.88
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
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Assessment
The Department has determined, and CBP shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review.\11\ The Department intends to
issue assessment instructions to CBP 15 days after the
[[Page 44162]]
date of publication of these final results of review. 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 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 26 companies that were not selected for
individual examination.\12\ Additionally, because the Department
determined that Super Grip had no shipments of subject merchandise
during the POR, for entries of merchandise produced by Super Grip, for
which it did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate in effect during the POR if there is no rate for the
intermediate company(ies) involved in the transaction.\13\
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\11\ See 19 CFR 351.212(b).
\12\ See PDM, at ``Rate for Non-Examined Companies'' (for an
explanation of how we preliminarily determined the rate of non-
selected companies).
\13\ 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 deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2) of the Act: (1) The cash deposit rates
for the reviewed companies will be the rates established in the final
results of this 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 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 this proceeding for the
manufacturer of the merchandise; (4) if neither the exporter nor the
manufacturer has its own rate, the cash deposit rate will continue to
be 4.69 percent, the all-others rate established in the order.\14\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ 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).
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Notification to Importers
This notice also 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding 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 violation subject
to sanctions.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: September 14, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-20125 Filed 9-20-17; 8:45 am]
BILLING CODE 3510-DS-P