[Federal Register: February 12, 2008 (Volume 73, Number 29)]
[Notices]
[Page 8031-8032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe08-11]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-886
Polyethylene Retail Carrier Bags from the People's Republic of
China: Notice of Partial Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 12, 2008.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-4081.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2007, the Department published a notice of opportunity
to request an administrative review of the antidumping duty order on
polyethylene retail carrier bags from the PRC for the period of August
1, 2006, through July 31, 2007 (``POR''). See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 72 FR 42383 (August 2,
2007).
On August 30, 2007, Sea Lake Polyethylene Enterprises, Ltd.,
Shanghai Glopack, Inc., Everfaith International (Shanghai) Ltd., and
Shanghai Hua Yue Packaging Products requested administrative reviews of
their sales of polyethylene retail carrier bags to the United States
during the POR. Also on August 30, 2007, Asia Dynamics, Inc., a U.S.
importer, requested a review of Shanghai Yafu Plastics Industry Co.,
Ltd., a producer and exporter of polyethylene retail carrier bags
during the POR. On August 31, 2007, Crown Polyethylene Products (Int'l)
Ltd., requested an administrative review of its sales of polyethylene
retail carrier bags to the United States during the POR. Pursuant to
these requests, and requests for administrative review from three other
companies, the Department initiated an administrative review covering
nine producers/exporters of the antidumping duty order on polyethylene
retail carrier bags from the PRC.
On September 25, 2007, the Department of Commerce (``the
Department'') initiated administrative reviews of the antidumping duty
order on polyethylene retail carrier bags from the People's Republic of
China (``PRC'') for nine companies. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 72 FR 54428 (September 25, 2007) (``Initiation Notice''). On
September 28, 2007, Crown Polyethylene Products (Int'l) Ltd. withdrew
its request for review. On October 22, 2007, Everfaith International
(Shanghai) Ltd., and Shanghai Hua Yue Packaging Products withdrew their
requests for review. On December 26, 2007, Sea Lake Polyethylene
Enterprises, Ltd., and
[[Page 8032]]
Shanghai Glopack, Inc. withdrew their requests for review. Also, on
January 17, 2008, Asia Dynamics, Inc. withdrew its request for review
of Shanghai Yafu Plastic Industry Co., Ltd. Therefore, the Department
is rescinding the administrative reviews of sales of polyethylene
retail carrier bags to the United States from the PRC covering the POR
for these six companies.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if a party that requested a
review withdraws the request within 90 days of the date of publication
of the notice of initiation. In this case, five of the six companies
listed above withdrew their requests for administrative review of their
POR exports of polyethylene retail carrier bags within 90 days from the
date of initiation. No other interested party requested a review of
these companies. Therefore, the Department is rescinding this review of
the antidumping duty order on polyethylene retail carrier bags from the
PRC with respect to Sea Lake Polyethylene Enterprises, Ltd., Shanghai
Glopack, Inc., Everfaith International (Shanghai) Ltd., Shanghai Hua
Yue Packaging Products, and Crown Polyethylene Products (Int'l) Ltd.,
in accordance with 19 CFR 351.213(d)(1).
Asia Dynamics Inc. withdrew its request for administrative review
of its POR imports of polyethylene retail carrier bags produced and
exported by Shanghai Yafu Plastic Industry Co., Ltd. after 90 days from
the date of initiation. However, according to 19 CFR 351.213(d)(1) the
Secretary may extend the time limit of 90 days if the Secretary decides
that it is reasonable to do so. Although Asia Dynamics Inc., withdrew
its request after the 90-day deadline, we find it reasonable to accept
the withdrawal request because, on November 16, 2007, the Department
issued a final scope ruling where it determined that plastic bags
called ``Personal Belongings'' bags imported by Asia Dynamics Inc. from
Shanghai Yafu Plastics Industry Co., Ltd. are not within the scope of
the antidumping duty order covering polyethylene retail carrier bags
from the PRC. See Memorandum from Abdelali Elouaradia, Office Director,
to Stephen J. Claeys, Deputy Assistant Security, titled ``Final Scope
Ruling for Asia Dynamics, Inc., and Medline Industries, Inc.'' dated
November 16, 2007. As a result of this final scope ruling, the
Department issued liquidation instructions directing U.S. Customs and
Border Protection (``CBP'') to liquidate all entries of ``Personal
Belongings'' bags imported by Asia Dynamics Inc. No other interested
party requested a review of this company. For these reasons, the
Department is rescinding this review of the antidumping duty order on
polyethylene retail carrier bags from the PRC with respect to Shanghai
Yafu Plastic Industry Co., Ltd. in accordance with 19 CFR
351.213(d)(1).
Assessment
The Department will instruct ``CBP'' to assess antidumping duties
on all appropriate entries for Sea Lake Polyethylene Enterprises, Ltd.,
Shanghai Glopack, Inc., Everfaith International (Shanghai) Ltd.,
Shanghai Hua Yue Packaging Products, Shanghai Yafu Plastics Industry
Co., Ltd., and Crown Polyethylene Products (Int'l) Ltd. Antidumping
duties shall be assessed at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
this notice in the Federal Register.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded of their responsibility under 19 CFR
351.402(f) 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 the Secretary's assumption that reimbursement of antidumping
duties occurred and subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders (``APOs'')
This notice also serves as a reminder to parties subject to APOs of
their responsibility concerning the return or destruction of
proprietary information disclosed under an APO in accordance with 19
CFR 351.305, which continues to govern business proprietary information
in this segment of the proceeding. Timely written notification of the
return/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.
This notice is in accordance with section 777(i)(1) of the Tariff
Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department's
regulations.
Dated: February 5, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-2568 Filed 2-11-04; 8:45 am]
BILLING CODE 3510-DS-S