[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27756-27757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12607]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-886]
Polyethylene Retail Carrier Bags From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Rescission of Review in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that High Den Enterprises Ltd. (High Den) is not eligible for a
separate rate and is a part of the China-wide entity. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable June 14, 2019.
FOR FURTHER INFORMATION CONTACT: Allison Hollander or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2805 or (202)
482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2004, Commerce published in the Federal Register an
antidumping duty (AD) order on polyethylene retail carrier bags (PRCBs)
from the People's Republic of China (China).\1\ On August 7, 2018,
Commerce published a notice of opportunity to request an administrative
review of the AD order on PRCBs from China for the period of review
(POR) August 1, 2017, through July 31, 2018.\2\ Commerce received
timely requests from the Polyethylene Retail Carrier Bag Committee and
its individual members, Hilex Poly Co., LLC and Superbag Corporation
(the petitioners), to conduct an administrative review of certain
exporters. On October 4, 2018, Commerce published in the Federal
Register a notice initiating an administrative review of the AD order
on PRCBs from China covering Dongguan Nozawa Plastics Products Co.,
Ltd. and United Power Packaging, Ltd. (collectively, Nozawa); Crown
Polyethylene Products (International) Ltd. (Crown) and High Den for the
POR.\3\
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\1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
From the People's Republic of China, 69 FR 48201 (August 9, 2004).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 83 FR 38682 (August 7, 2018).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
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We issued the AD questionnaire to the three respondents on October
18, 2018. On December 21, 2018, the petitioners timely withdrew their
requests for review of Nozawa and Crown, pursuant to 19 CFR
351.213(d)(1).\4\ We confirmed that the questionnaire to High Den was
delivered and received on October 22, 2018.\5\ High Den did not respond
to the questionnaire and has filed no submissions on the record of this
administrative review.
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\4\ See the petitioners' Letter, ``Polyethylene Retail Carrier
Bags from the People's Republic of China: Partial Withdrawal of
Request for Administrative Review,'' dated December 21, 2018.
\5\ See Memorandum, ``High Den Enterprises, Ltd., Receipt of
Questionnaire,'' dated December 13, 2018.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\6\ The revised
deadline for the preliminary results in this review is now June 12,
2019.
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\6\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
affected by the partial federal government closure have been
extended by 40 days. If the new deadline falls on a non-business
day, in accordance with Commerce's practice, the deadline will
become the next business day.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, ``in whole or in part, if a party that requested
a review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' The
petitioners withdrew their request for review within the 90-day time
limit with respect to Nozawa and Crown. Because we received no other
requests for review of Nozawa and Crown, we are rescinding the
administrative review, in part, with respect to Nozawa and Crown,
pursuant to 19 CFR 351.213(d)(1).
Scope of the Order
The products subject to the AD order on PRCBs from China, are
PRCBs, which may be referred to as t-shirt sacks, merchandise bags,
grocery bags, or checkout bag. Imports of the subject merchandise are
currently classifiable under statistical category 3923.21.0085 of the
Harmonized Tariff Schedule of the United States (HTSUS). This
subheading also covers products that are outside the scope of the
order. Furthermore, although the HTSUS subheading is provided for
convenience and customs purposes, our written description of the scope
of the order is dispositive. For a complete description of the scope of
the Order, see the Preliminary Decision Memorandum.
China-Wide Entity
Under Commerce's current policy regarding the conditional review of
the China-wide entity, the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity.\7\ Because no party requested a
[[Page 27757]]
review of the China-wide entity in this review, the entity is not under
review and the entity's rate is not subject to change (i.e., 77.57
percent).\8\ Because High Den did not respond to the questionnaire,
Commerce preliminarily determines that High Den is not eligible for a
separate rate and is a part of the China-wide entity.
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\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\8\ See Notice of Amended Final Determination of Sales at Less
than Fair Value: Polyethylene Retail Carrier Bags From the People's
Republic of China, 69 FR 42419 (July 15, 2004).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. 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
http://access.trade.gov and to all parties in the Central Records Unit,
Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/index.html.
Preliminary Results of Review
Because High Den is not eligible for a separate rate and is a part
of the China-wide entity, the pre-existing China-wide rate of 77.57
percent will apply to entries of High Den's subject merchandise into
the United states during the POR.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary results of review within
five days after public announcement of the preliminary results of
review in accordance with 19 CFR 351.224(b). Because Commerce
preliminarily denied the separate rate eligibility for the sole
mandatory respondent in this review and treated it as part of the
China-wide entity, there are no calculations to disclose.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\9\ 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.\10\ Rebuttal briefs, limited
to issues raised in the case briefs, may be filed no later than five
days after the case briefs are filed.\11\
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\9\ See 19 CFR 351.309(c)(2).
\10\ See 19 CFR 351.309(c)(2).
\11\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's ACCESS by 5:00 p.m. Eastern Time within
30 days after the date of publication of this notice.\12\ 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 those raised
in the respective case briefs. Unless extended, Commerce intends to
issue the final results of this review, including the results of its
analysis of issues raised by parties in their comments, within 120 days
after the publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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\12\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuing the final results of review, Commerce will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\13\ If the preliminary results are unchanged
for the final results, we will instruct CBP to apply an ad valorem
assessment rate of 77.57 percent to all entries of subject merchandise
during the POR which were exported by High Den. Commerce intends to
issue appropriate assessment instructions directly to CBP 15 days after
publication of the final results of review.
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\13\ See 19 CFR 351.212(b)(1).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date of
this notice, as provided by section 751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed Chinese and non-Chinese exporters
of subject merchandise that received a separate rate in a prior segment
of this proceeding, the cash deposit rate will continue to be the
existing exporter specific rate published for the most recently
completed period; (2) for all Chinese exporters of subject merchandise
that have not been found to be entitled to a separate rate, i.e., High
Den, the cash deposit rate will be the China-wide rate of 77.57
percent; and (3) for all non-Chinese exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the Chinese exporter that supplied that non-
Chinese exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 Commerce'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)(1).
Notification to Interested Parties
These preliminary results and partial rescission of administrative
review are issued and published in accordance with sections 751(a)(1)
and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: June 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review in Part
V. Discussion of the Methodology
A. Non-Market Economy Country Status
B. Separate Rates
VI. Recommendation
[FR Doc. 2019-12607 Filed 6-13-19; 8:45 am]
BILLING CODE 3510-DS-P