[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Notices]
[Pages 23396-23397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08028]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-886]


Polyethylene Retail Carrier Bags From the People's Republic of 
China: Final Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging, 
Ltd. (collectively, Nozawa) had no shipments of polyethylene retail 
carrier bags (PRCBs) from the People's Republic of China (China) to the 
United States during the period of review (POR), August 1, 2021, 
through July 31, 2022.

DATES: Applicable April 17, 2023.

FOR FURTHER INFORMATION CONTACT: Claudia Cott, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On February 16, 2023, Commerce published the preliminary results of 
the 2021-2022 administrative review of the antidumping duty order on 
PRCBs from China.\1\ We invited parties to comment on the Preliminary 
Results.\2\ No party submitted comments or requested that Commerce hold 
a hearing. Commerce conducted this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Polyethylene Retail Carrier Bags from the People's 
Republic of China: Preliminary Determination of No Shipments and 
Rescission of Review in Part; 2021-2022, 88 FR 10090 (February 16, 
2023) (Preliminary Results).
    \2\ Id.
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Scope of the Order 3
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    \3\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from the People's Republic of China, 69 FR 48201 (August 9, 2004) 
(Order).
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    The products covered by the Order are 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 Order 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.
    Imports of the subject merchandise are currently classifiable under 
statistical category 3923.21.0090 of the Harmonized Tariff Schedule of 
the United States (HTSUS). This subheading also covers products that 
are outside the scope of this Order. Furthermore, although the HTSUS 
subheading is provided for convenience and customs purposes, our 
written description of the scope of this Order is dispositive.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Nozawa had no shipments of subject merchandise during the POR.\4\ We 
received no comments from interested parties with respect to this 
claim. Therefore, because we have not received any information to 
contradict our preliminary no-shipments determination, or any comment 
in opposition to our preliminary finding, Commerce continues to find 
that Nozawa had no shipments during the POR.
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    \4\ See Preliminary Results, 88 FR at 10090-10091.
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\5\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, and we did not 
self-initiate a review, the China-wide entity rate (i.e., 77.57 
percent) \6\ is not subject to change as a result of this review.
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    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \6\ See Order, 69 FR at 48203.
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of the public announcement, or if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, Commerce did not calculate 
a weighted-average dumping margin for Nozawa, the sole mandatory

[[Page 23397]]

respondent remaining in this review,\7\ or for the China-wide entity. 
Therefore, there are no calculations to disclose for these final 
results.
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    \7\ Commerce rescinded the review in part with respect to Crown 
Polyethylene Products (International) Ltd., the only other mandatory 
respondent subject to this review. See Preliminary Results.
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Assessment Rates

    Because we have determined that Nozawa had no shipments of subject 
merchandise in this review, Commerce will instruct U.S. Customs and 
Border Protection (CBP) to liquidate any suspended entries that entered 
under Nozawa's case number at the China-wide entity rate (i.e., 77.57 
percent).\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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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 PRCBs from China entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this administrative review in the Federal Register, as provided by 
section 751(a)(2)(C) of the Act: (1) for previously investigated or 
reviewed Chinese and non-Chinese exporters that received a separate 
rate in a prior segment of this proceeding, the cash deposit rate will 
continue to be the existing exporter-specific rate; (2) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
China-wide entity (i.e., 77.57 percent); and (3) for all non-Chinese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the Chinese 
exporter(s) that supplied that non-Chinese exporter (or, if 
unidentified, that of the China-wide entity). These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a final 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 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

    Commerce is issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(1) and 
19 CFR 351.221(b)(5).

    Dated: April 11, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-08028 Filed 4-14-23; 8:45 am]
BILLING CODE 3510-DS-P