[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43626-43627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16961]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-805]


Polyethylene Retail Carrier Bags From the Socialist Republic of 
Vietnam: Final Results of Expedited Second Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the countervailing duty (CVD) order 
on polyethylene retail carrier bags (PRCBs) from the Socialist Republic 
of Vietnam (Vietnam) would be likely to lead to continuation or 
recurrence of countervailable subsidies at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Applicable August 10, 2021.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4313.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2010, Commerce published its CVD order on PRCBs from 
Vietnam in the Federal Register.\1\ On March 31, 2021, Commerce 
published the notice of initiation of the second sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ Commerce received a notice of intent to participate from 
the Polyethylene Retail Carrier Bag Committee (the Committee), an ad 
hoc association of U.S. producers of PRCBs, within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ The Committee

[[Page 43627]]

claimed interested party status under section 771(9)(E) of the Act, as 
a trade or business association a majority of whose members 
manufacture, produce, or wholesale a domestic like product in the 
United States and stated that each member of the Committee is a 
manufacturer of the domestic like product and thus, is a domestic 
interested party pursuant to section 771(9)(C) of the Act.\4\
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    \1\ See Polyethylene Retail Carrier Bags from the Socialist 
Republic of Vietnam: Countervailing Duty Order, 75 FR 23670 (May 4, 
2010) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 86 FR 16701 
(March 31, 2021).
    \3\ See Committee's Letter, ``Five-Year (`Sunset') Review the 
Countervailing Duty Order On Polyethylene Retail Carrier Bags from 
Vietnam: Domestic Industry Notice Of Intent To Participate In Sunset 
Review,'' dated April 9, 2021.
    \4\ Id. The individual members of the Committee are Hilex Poly 
Co., LLC and Superbag LLC.
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    Commerce received a substantive response from the Committee \5\ 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We 
received no substantive responses from the Government of Vietnam or any 
other domestic or interested parties in this proceeding, nor was a 
hearing requested.
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    \5\ See Committee's Letter, ``Five-Year (Sunset) Review of the 
Countervailing Duty Order On Polyethylene Retail Carrier Bags from 
Vietnam: Domestic Industry Substantive Response,'' dated April 28, 
2021.
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    On May 21, 2021, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from respondent interested parties.\6\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the Order.
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    \6\ See Commerce's Letter, ``Sunset Reviews for April 2021,'' 
dated May 21, 2021.
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Scope of the Order

    The scope of this Order covers PRCBs. Imports of merchandise 
included within the scope of this Order are currently classifiable 
under statistical category 3923.21.0085 of the Harmonized Tariff 
Schedule of the United States. For a complete description of the scope 
of the Order, see the accompanying Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Second Sunset Review of the Countervailing Duty Order on 
Polyethylene Retail Carrier Bags from the Socialist Republic of 
Vietnam,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via the Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the CVD order on PRCBs from Vietnam would be likely 
to lead to continuation or recurrence of countervailable subsidies at 
the following rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                   Producer/exporter                         subsidy
                                                            (percent)
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Advance Polybag Co., Ltd...............................            52.56
Fotai Vietnam Enterprise Corp. and Fotai Enterprise                 5.28
 Corporation...........................................
All Others.............................................             5.28
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Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely 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 which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and this notice 
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, 
and 19 CFR 351.218.

    Dated: July 23, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely To Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2021-16961 Filed 8-9-21; 8:45 am]
BILLING CODE 3510-DS-P