[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8251-8252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02907]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that Euro SME 
Sdn Bhd (Euro SME), the sole producer/exporter subject to this 
administrative review did not make sales of subject merchandise at less 
than normal value (NV) during the August 1, 2017 through July 31, 2018 
period of review (POR).

DATES: Applicable February 13, 2020.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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) 482-5449.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this administrative 
review of the antidumping duty (AD) order on polyethylene retail 
carrier bags (PRCBs) from Malaysia on October 22, 2019.\1\ We invited 
interested parties to comment on the Preliminary Results; however, no 
interested party submitted comments. Commerce conducted this 
administrative review in accordance with sections 751(a)(1) and (2) 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; 2017-
2018, 84 FR 56418 (October 22, 2019) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
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Scope of the Order

    The merchandise covered by this order is PRCBs from Malaysia, which 
also may be referred to as t-shirt sacks, merchandise bags, grocery 
bags, or checkout bags. 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

[[Page 8252]]

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. For a full 
description of the scope of the order, see the Preliminary Decision 
Memorandum.

Changes Since the Preliminary Results

    As noted above, we received no comments in response to the 
Preliminary Results. Accordingly, for purposes of these final results, 
Commerce has made no changes.

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the August 1, 2017 through July 31, 2018 POR:

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                   Exporter/producer                     average dumping
                                                              margin
                                                            (percent)
------------------------------------------------------------------------
Euro SME Sdn Bhd.......................................            0.00
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. For Euro SME, we calculated importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for each importer's examined sales and the total entered 
value of those sales in accordance with 19 CFR 351.212(b)(1).\2\ Where 
an importer-specific assessment rate is de minimis (i.e., less than 0.5 
percent), the entries by that importer will be liquidated without 
reference to antidumping duties. For entries of Euro SME's merchandise 
during the period of review for which it did not know the merchandise 
was destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
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    \2\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
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    We intend to issue instructions to CBP 15 days after publication of 
these final results of this review in the Federal Register.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review in 
the Federal Register for all shipments of PRCBs from Malaysia entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rate for Euro SME will be zero; (2) for merchandise exported by 
producers or exporters not covered in this administrative 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 producer 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 producer is, then the cash deposit rate will be 
the rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
84.94 percent, the all-others rate established in the antidumping 
investigation.\3\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \3\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from Malaysia, 69 FR 48203 (August 9, 2004).
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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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the 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 return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act and 
19 CFR 351.221(b)(5).

    Dated: February 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02907 Filed 2-12-20; 8:45 am]
 BILLING CODE 3510-DS-P