[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83515-83517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28168]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of polyethylene retail carrier bags (PRCBs) were not made at 
less than normal value (NV) during the August 1, 2018 through July 31, 
2019, period of review (POR). Interested parties are invited to comment 
on these preliminary results.

DATES: Applicable December 22, 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

    On October 7, 2019, Commerce published a notice initiating an 
administrative review of the antidumping duty (AD) order on PRCBs from 
Malaysia, covering one company: Euro SME.\1\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation 
Notice).
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\2\ On June 9, 2020, we extended the deadline for 
preliminary results of this review from June 22, 2020 until October 16, 
2020.\3\ Subsequently, on July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days.\4\ The deadline for 
the preliminary results of this review is now December 15, 2020.
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    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Polyethylene Retail Carrier Bags from 
Malaysia: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated June 9, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Polyethylene 
Retail Carrier Bags: 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (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 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.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Export price was calculated in accordance with section 772 of the Act. 
Normal value was calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included 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. 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.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for the period August 1, 2018 
through July 31, 2019:

[[Page 83516]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
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Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.........        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\6\ Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice.\7\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the time limit for filing case briefs.\8\ 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.\9\ Executive summaries 
should be limited to five pages total, including footnotes. Case and 
rebuttal briefs should be filed using ACCESS \10\ and must be served on 
interested parties.\11\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\12\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \10\ See 19 CFR 351.303.
    \11\ See 19 CFR 351.303(f).
    \12\ See Temporary Rule.
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    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 Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\13\ Requests should contain: (1) The party's name, address 
and telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs.\13\ 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \13\ See 19 CFR 351.310(c).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, not later than 120 days 
after the date of publication of these preliminary results of review, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\14\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\15\
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    \14\ See 19 CFR 351.212(b).
    \15\ See section 751(a)(2)(C) of the Act.
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    For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, we intend to calculate importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the importer's examined sales to the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\16\ We intend to instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is not zero or de minimis. If a respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, 
we intend to instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \16\ In these preliminary results, Commerce applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
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    For entries of subject merchandise during the POR for which a 
respondent did not know that its merchandise was destined for the 
United States, we intend to instruct CBP to liquidate such entries at 
the all-others rate if there is no rate for the intermediate company 
(or companies) involved in the transaction.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
listed above, will be the rate established in the final results of the 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for previously investigated companies not 
participating in this review, 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 company participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original less-than-fair-value (LTFV) 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 subject merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 84.94 
percent, the all-others rate established in the LTFV investigation.\17\
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    \17\ See Antidumping Duty Order: Polyethylene Retail Carrier 
Bags from Malaysia, 69 FR 48203 (August 9, 2004).
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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.

Notification to Interested Parties

    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).


[[Page 83517]]


    Dated: December 15, 2020.
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. Discussion of the Methodology
V. Recommendation

[FR Doc. 2020-28168 Filed 12-21-20; 8:45 am]
BILLING CODE 3510-DS-P