[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12933-12935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04886]


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DEPARTMENT OF COMMERCE

International Trade Administration

[[A-557-813]


Polyethylene Retail Carrier Bags From Malaysia: Final Results of 
the Antidumping Duty Administrative Review; 2019-2020

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


[[Page 12934]]


SUMMARY: The Department of Commerce (Commerce) determines that Euro SME 
Sdn. Bhd. made sales of subject merchandise at less than normal value 
(NV) during the period of review (POR) August 1, 2019, through July 31, 
2020.

DATES: Applicable March 8, 2022.

FOR FURTHER INFORMATION CONTACT: Stephanie Berger, 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) 482-24783.

SUPPLEMENTARY INFORMATION:

Background

    On September 2, 2021, Commerce published the Preliminary Results 
for this administrative review.\1\ We invited interested parties to 
comment on the Preliminary Results. This review covers one producer/
exporter of the subject merchandise: Euro SME Sdn. Bhd. and Euro Nature 
Green Sdn. Bhd. (Nature Green) (collectively, Euro SME).\2\ On December 
7, 2021, we extended the deadline for the final results of this review 
to March 1, 2022.\3\ We received a case brief from the petitioners \4\ 
and a rebuttal brief from Euro SME.\5\ A complete summary of the events 
that occurred since publication of the Preliminary Results is found in 
the Issues and Decision Memorandum.\6\ Commerce conducted this review 
in accordance with section 751 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; 2019-
2020, 86 FR 49309 (September 2, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ In the 2018-2019 administrative review of the antidumping 
duty order, Commerce collapsed Euro SME Sdn. Bhd. and Nature Green 
and treated them as a single entity. See Polyethylene Retail Carrier 
Bags from Malaysia: Preliminary Results of Antidumping Duty 
Administrative Review; 2018-2019, 85 FR 83515 (December 22, 2020), 
and accompanying Preliminary Decision Memorandum at 3-5, unchanged 
in Polyethylene Retail Carrier Bags from Malaysia: Final Results of 
Antidumping Duty Administrative Review; 2018-2019, 86 FR 22019 
(April 26, 2021). Our treatment of Euro SME Sdn. Bhd. and Nature 
Green remains unchanged in the instant review.
    \3\ See Memorandum, ``Polyethylene Retail Carrier Bags from 
Malaysia: Extension of Time Limit for the Final Results of 
Antidumping Duty Administrative Review, 2019-2020,'' dated December 
7, 2021.
    \4\ The petitioners are the Polyethylene Retail Carrier Bag 
Committee and its individual members, Hilex Poly Co., LLC and 
Superbag Corporation (collectively, petitioners). See Petitioners' 
Letter, ``Polyethylene Retail Carrier Bags from Malaysia: 
Petitioners' Case Brief,'' dated December 14, 2021.
    \5\ See Euro SME's Letter, ``Polyethylene Retail Carrier Bags 
from Malaysia; Resubmission of Rebuttal Brief,'' dated January 7, 
2022.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Antidumping Duty Administrative 
Review: Polyethylene Retail Carrier Bags from Malaysia,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by this order is polyethylene retail 
carrier bags (PRCBs) from Malaysia, which 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 Issues and Decision Memorandum.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon for the final results of this review. However, 
we took additional steps in lieu of an on-site verification to verify 
this information, in accordance with section 782(i) of the Act.\7\
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    \7\ See Commerce's Letter, In Lieu of Verification Questions, 
dated October 21, 2021; see also Euro SME's Letter, ``Polyethylene 
Retail Carrier Bags from Malaysia; Response to Request for 
Information,'' dated October 28, 2021.
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Analysis of the Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum.\8\ A list of the issues discussed 
in the Issues and Decisions Memorandum is attached in an appendix to 
this notice. The Issues and Decision Memorandum is a public document 
and is available electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic System 
(ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, a review of the record, and for the reasons explained in the 
Issues and Decision Memorandum, we made changes to Euro SME's 
preliminary margin calculations. For a detailed discussion of these 
changes, see the Issues and Decision Memorandum.

Final Results of the Administrative Review

    We determine that the following weighted-average dumping margin 
exists for the respondent for the period July 1, 2019, through June 30, 
2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd..........        6.47
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, 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. In accordance with 19 CFR 351.212(b)(1), Commerce 
calculated an importer-specific ad valorem antidumping assessment rate 
for Euro SME that is not zero or de minimis and intends to instruct CBP 
to assess antidumping duties on all appropriate entries covered by this 
review.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Euro SME for which it 
did not know that the merchandise was destined for the United States, 
we intend to instruct CBP to liquidate such unreviewed entries at the 
all-others rate if there is no company-specific rate for the 
intermediate company(ies) involved in the transaction.\9\
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the

[[Page 12935]]

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 Euro SME will be equal to the weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior completed 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 
investigation, but the producer has been covered in a prior complete 
segment of this proceeding, then the cash deposit rate will be the rate 
established for the most recent period for the producer of the 
merchandise; (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 less-than-fair-value investigation.\10\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ See Antidumping Duty Order: Polyethylene Retail Carrier 
Bags from Malaysia, 69 FR 48203 (August 9, 2004).
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Disclosure

    We intend to disclose the calculations performed for these final 
results within five days of the date of publication of this notice in 
the Federal Register, in accordance with 19 CFR 351.224(b).

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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

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

    Dated: March 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Partial Application of Adverse Facts Available to 
Euro SME's Actual Weights
    Comment 2: Partial Application of Adverse Facts Available to 
Euro SME's Inland Freight
    Comment 3: Commerce's Treatment of Euro SME's Freight Revenue
VI. Recommendation

[FR Doc. 2022-04886 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-DS-P