[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59366-59367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23375]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-822, A-557-813, A-570-886, A-583-843, A-549-821, A-552-806, C-
552-805]


Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the 
People's Republic of China, Taiwan, Thailand, and the Socialist 
Republic of Vietnam: Continuation of the Antidumping Duty Orders and 
Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on polyethylene 
retail carrier bags (PRCBs) from Indonesia, Malaysia, the People's 
Republic of China (China), Taiwan, Thailand, and the Socialist Republic 
of Vietnam (Vietnam) and the countervailing duty (CVD) order on PRCBs 
from Vietnam would likely lead to a continuation or recurrence of 
dumping, countervailable subsidies, and material injury to an industry 
in the United States, Commerce is publishing a notice of continuation 
of these AD and CVD orders.

DATES: Applicable October 27, 2021.

FOR FURTHER INFORMATION CONTACT: Claudia Cott 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) 482-4270 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2004, Commerce published in the Federal Register the 
AD orders on PRCBs from Malaysia, China, and Thailand, and on May 4, 
2010, the AD orders on PRCBs from Indonesia, Taiwan, and Vietnam and 
the CVD order on PRCBs from Vietnam.\1\ On

[[Page 59367]]

March 31, 2021, Commerce initiated,\2\ and on April 1, 2021, the ITC 
instituted,\3\ sunset reviews of the Orders, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from Malaysia, 69 FR 48203 (August 9, 2004); Antidumping Duty Order: 
Polyethylene Retail Carrier Bags from the People's Republic of 
China, 69 FR 48201 (August 9, 2004); Antidumping Duty Order: 
Polyethylene Retail Carrier Bags from Thailand, 69 FR 48204 (August 
9, 2004); Antidumping Duty Orders: Polyethylene Retail Carrier Bags 
from Indonesia, Taiwan, and the Socialist Republic of Vietnam, 75 FR 
23667 (May 4, 2010); and Polyethylene Retail Carrier Bags from the 
Socialist Republic of Vietnam: Countervailing Duty Order, 75 FR 
23670 (May 4, 2010) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701 
(March 31, 2021).
    \3\ See Polyethylene Retail Carrier Bags from China, Indonesia, 
Malaysia, Taiwan, Thailand, and Vietnam; Institution of Five-Year 
Reviews, 86 FR 17200 (April 1, 2021).
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    As a result of its reviews, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of dumping and 
countervailable subsidies. Commerce, therefore, notified the ITC of the 
magnitude of the margins of dumping and net subsidies rates likely to 
prevail should these Orders be revoked.\4\
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    \4\ See Polyethylene Retail Carrier Bags from Indonesia, 
Malaysia, the People's Republic of China, Taiwan, Thailand, and the 
Socialist Republic of Vietnam: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders, 86 FR 35478 (July 6, 2021), 
and accompanying Issues and Decision Memorandum (IDM); see also 
Polyethylene Retail Carrier Bags from the Socialist Republic of 
Vietnam: Final Results of the Expedited Second Five-Year Sunset 
Review of the Countervailing Duty Order, 86 FR 43626 (August 10, 
2021), and accompanying IDM.
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    On October 21, 2021, the ITC published its determination that 
revocation of the Orders would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, pursuant to sections 751(c) and 
752(a) of the Act.\5\
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    \5\ See Polyethylene Retail Carrier Bags from China, Indonesia, 
Malaysia, Taiwan, Thailand, and Vietnam; (Inv. Nos. 701-TA-462 and 
731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third 
Review)), 86 FR 58301 (October 21, 2021), see also Polyethylene 
Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, 
Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 
(Second Review) and 731-TA1043-1045 (Third Review), USITC Pub. 5233 
(October 2021).
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Scope of the Orders

    The merchandise covered by the Orders is PRCBs, which 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 
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 the orders excludes (1) polyethylene bags that 
are not printed with logos or store names and that are closeable with 
drawstrings made of polyethylene film and (2) polyethylene bags 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.
    As a result of changes to the Harmonized Tariff Schedule of the 
United States (HTSUS), imports of the subject merchandise are currently 
classifiable under statistical category 3923.21.0085 of the HTSUS. 
Furthermore, although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the scope of the 
Orders is dispositive.\6\
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    \6\ See Orders.
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Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation 
of the Orders. U.S. Customs and Border Protection will continue to 
collect AD and CVD cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of the continuation of these Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year (sunset) 
reviews of these Orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: October 21, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-23375 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P