[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23894-23895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11030]


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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; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) has completed the 
administrative review of the antidumping duty order on polyethylene 
retail carrier bags from Malaysia for the period of review (POR) August 
1, 2016, through July 31, 2017. We continue to find that Euro SME Sdn 
Bhd (Euro SME) did not have shipments of subject merchandise during the 
POR.

DATES: Applicable May 23, 2018.

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 March 19, 2018, Commerce published the Preliminary Results.\1\ 
We invited interested parties to comment on the Preliminary Results.\2\ 
We received a case brief from the Polyethylene Retail Carrier Bag 
Committee and its individual members, Hilex Poly Co., LLC and Superbag 
Corp. (the petitioners).\3\ No other parties submitted comments or 
rebuttal comments.
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    \1\ See Polyethylene Retail Carrier Bags from Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 11959 (March 19, 2018) (Preliminary Results).
    \2\ Id. at 11960.
    \3\ See letter from the petitioners, ``Polyethylene Retail 
Carrier Bags from Malaysia: Case Brief,'' dated April 11, 2018 
(Petitioners' Case Brief).
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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.

Comments Received

    On April 11, 2018, the petitioners submitted a case brief which 
notes only that the 2.40 percent rate listed for all-other producers or 
exporters in the Preliminary Results notice is incorrect, and that the 
final results should reflect the 84.94 percent all-others rate 
established in the investigation of this order.\4\ Because this issue 
is addressed infra, and no further issues were briefed in the instant 
proceeding, no decision memorandum accompanies this Federal Register 
notice.
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    \4\ See Petitioners' Case Brief at 1, citing to Preliminary 
Results, 83 FR at 11959-60 and Notice of Final Determination of 
Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags from 
the People's Republic of China, 69 FR 34128, 34129 (June 18, 2004) 
(Investigation).
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Changes Since the Preliminary Results

    The Preliminary Results stated that, ``effective upon publication 
of the final results of this administrative review . . . the cash 
deposit rate for all other producers or exporters is 2.40 percent.'' 
\5\ The 2.40 percent rate for all-other producers or exporters, as 
stated in the Preliminary Results notice, was a typographical error. 
Commerce agrees with the petitioners that it determined an all-others 
rate of 84.94 percent in the Investigation,\6\ that this all-others 
rate has not changed.\7\ Thus, the correct rate applicable to all-other 
producers or exporters in this review continues to be 84.94 percent. 
Accordingly, we are correcting the all-others rate listed in the ``Cash 
Deposit Requirements'' section below to accurately reflect the

[[Page 23895]]

84.94 percent rate calculated in the Investigation.\8\
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    \5\ See Preliminary Results, 83 FR at 11959-60.
    \6\ See Investigation, 69 FR at 34129.
    \7\ See, e.g., Polyethylene Retail Carrier Bags from Malaysia: 
Final Results of the Antidumping Duty Administrative Review; 2014-
2015, 81 FR 75378, 75379 (October 31, 2016).
    \8\ Id.
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Final Determination of No Shipments

    We found in the Preliminary Results that Euro SME had no shipments 
of subject merchandise during the POR,\9\ and no party commented on 
this preliminary finding. As a result, this finding has not 
changed.\10\ For further details of the issues addressed in this 
proceeding, see the Preliminary Results.\11\
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    \9\ See Preliminary Results, 83 FR at 11959.
    \10\ Id.
    \11\ Id.
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Assessment Rates

    Commerce 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). Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
    Regarding Euro SME, the exporter under review, which we determined 
had no shipments of the subject merchandise during the POR, for any 
suspended entries of subject merchandise for which Euro SME did not 
know its merchandise was destined for the United States, we will 
instruct CBP to liquidate these entries at the all-others rate if there 
is no rate for the intermediate company involved in the 
transaction.\12\
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    \12\ 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 84.94 percent.\13\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \13\ See Investigation, 69 FR at 34129.
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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 POR. Failure to comply with this 
requirement could result in Commerce'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 and 19 CFR 
351.221(b)(5).

    Dated: May 17, 2018.
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. 2018-11030 Filed 5-22-18; 8:45 am]
 BILLING CODE 3510-DS-P