[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62064-62066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19428]


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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; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Euro SME Sdn Bhd (Euro SME) made sales of polyethylene retail 
carrier bags (PRCBs) from Malaysia at less than normal value (NV) 
during the period of review (POR), August 1, 2021, through July 31, 
2022. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable September 8, 2023.

FOR FURTHER INFORMATION CONTACT: Katherine Sliney, 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) 482-2437.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2004, Commerce published in the Federal Register the 
antidumping duty (AD) order on polyethylene retail carrier bags from 
Malaysia.\1\ On August 2, 2022, Commerce published in the Federal 
Register a notice of opportunity to request an administrative review of 
the Order.\2\ On October 11, 2022, based on timely requests for review 
and in accordance with section 751(a) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the Order.\3\ Pursuant to section 751(a)(3)(A) 
of the Act, Commerce extended the deadline for the preliminary results 
until August 31, 2021.\4\
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    \1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags 
from Malaysia, 69 FR 48203 (August 9, 2004) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \4\ See Memorandum, ``Polyethylene Retail Carrier Bags from 
Malaysia: Extension of Deadline for the Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020,'' dated March 31, 
2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review: 
Polyethylene Retail Carrier Bags from Malaysia,'' 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 polyethylene retail 
carrier bags from Malaysia, which also may be referred to as t-shirt 
sacks, merchandise bags, grocery bags, or checkout bags. For a full 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price and constructed export price were 
calculated in accordance with section 772 of the Act. NV is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum.

Preliminary Results of the Review

    We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period August 1, 2021, through 
July 31, 2022:

[[Page 62065]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.\6\......        2.12
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Disclosure and Public Comment
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    \6\ In the 2018-2019 review, Commerce treated Euro SME and Euro 
Nature Green Sdn. Bhd. (Nature Green) 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 Administrative Review; 
2018-19, 86 FR 22019 (April 26, 2021). Our treatment of Euro SME and 
Nature Green remains unchanged in this review.
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    We intend to disclose the calculations used for these preliminary 
results to interested parties within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b). 
Commerce will announce the briefing schedule to interested parties at a 
later date. Interested parties may submit case briefs on the deadline 
that Commerce will announce. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed no later than seven days after the 
date for filing case briefs.\7\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are requested to submit with each 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\8\ Executive summaries should 
be limited to five pages total, including footnotes. Case and rebuttal 
briefs should be filed using ACCESS \9\ and must be served on 
interested parties.\10\
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    \7\ See 19 CFR 351.309(d); 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).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See, generally, 19 CFR 351.303.
    \10\ See 19 CFR 351.303(f).
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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, within 30 days after the date 
of publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
(3) whether any participant is a foreign national; and (4) 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. If 
a request for a hearing is made, Commerce will announce the date and 
time of the hearing. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
    Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\11\ An electronically filed document 
must be received successfully in its entirety in ACCESS by 5 p.m. 
Eastern Time on the due date.
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    \11\ See Temporary Rule.
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    We intend to issue the final results of this administrative review, 
which will include the results of our analysis of the issues raised in 
the case and rebuttal briefs, within 120 days of publication of this 
notice, unless extended, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
If the weighted-average dumping margin for Euro SME (i.e., the sole 
individually-examined respondent in this review) is not zero or de 
minimis (i.e., greater than or equal to 0.5 percent) in the final 
results of this review, we will calculate importer-specific ad valorem 
antidumping duty assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the examined sales made during 
the POR to each importer and the total entered value of those same 
sales, in accordance with 19 CFR 351.212(b)(1). If Euro SME has not 
reported entered values, we will calculate a per-unit assessment rate 
for each importer by dividing the total amount of dumping calculated 
for the examined sales made to that importer by the total quantity 
associated with those sales. To determine whether an importer-specific, 
per-unit assessment rate is de minimis, in accordance with 19 CFR 
351.106(c)(2), we also will calculate an importer-specific ad valorem 
ratio based on estimated entered values. Where either Euro SME's 
weighted average dumping margin is zero or de minimis, or an importer-
specific ad valorem assessment rate is zero or de minimis, we intend to 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\12\
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    \12\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by Euro 
SME for which the producer did not know its merchandise was destined 
for the United States, we will instruct CBP to liquidate those entries 
at the all-others rate (i.e., 84.94 percent) \13\ if there is no rate 
for the intermediate company (or companies) involved in the 
transaction.
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend 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 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 Euro SME will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review, except if the rate is less than 
0.50 percent and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) 
for previously reviewed or investigated companies not listed above, 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 producer is, the cash deposit rate 
will be the rate established for the most recently completed segment of 
this proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers and/or exporters will continue to 
be 84.94 percent, the all-others rate established in the LTFV 
investigation of this proceeding.\14\ These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \14\ See Order, 69 FR at 48204.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of

[[Page 62066]]

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 the preliminary results of this 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 
and 19 CFR 351.213(h) and 19 CFR 351.221(b)(4).

    Dated: August 31, 2023.
Lisa W. Wang,
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. Currency Conversion
VI. Recommendation

[FR Doc. 2023-19428 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P