[Federal Register: May 6, 2008 (Volume 73, Number 88)]
[Notices]
[Page 24941-24943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my08-45]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-557-813
Polyethylene Retail Carrier Bags from Malaysia: Notice of Partial
Rescission of the Administrative Review and Intent to Rescind the
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests by interested parties, the Department
of Commerce (Department) initiated an administrative review of the
antidumping duty order on polyethylene retail carrier bags (PRCBs) from
Malaysia with respect to three producers/exporters of the subject
merchandise. The period of review (POR) is August 1, 2006, through July
31, 2007.
The Department is rescinding this administrative review in part
with respect to one company. In addition, the Department has
preliminarily determined that there were no entries of subject
merchandise from the two remaining companies during the POR to review
and, therefore, intends to rescind the administrative review in its
entirety. Interested parties are invited to comment on this intent to
rescind the administrative review.
EFFECTIVE DATE: May 6, 2008.
FOR FURTHER INFORMATION: Lyn Johnson or Richard Rimlinger, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5287 and (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2007, the Department published a notice of opportunity
to request an administrative review of PRCBs from Malaysia for the
period August 1, 2006, through July 31, 2007. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 72 FR 42383 (August 2,
2007). On August 31, 2007, interested parties requested an
administrative review in accordance with 19 CFR 351.213(b)(1). The
review requests were as follows: (1) The Polyethylene Retail Carrier
Bag Committee and its individual members, Hilex Poly Co., LLC and
Superbag Corporation (Petitioners) requested a review of Euro Plastics
Malaysia Sdn. Bhd. and its affiliate Eplastics Procurement Center Sdn.
Bhd. (Euro Plastics); (2) Zhin Hin Plastic Manufacturer Sdn. Bhd. (also
known as Chin Hin Plastic Manufacture) (Zhin Hin) requested a review of
itself; (3) King Pac Industrial Co., Ltd. (King Pac) requested a review
of itself. On September 25, 2007, the Department initiated
administrative reviews of Euro Plastics, Zhin Hin, and King Pac. See
Initiation of Antidumping and Countervailing Duty Administrative
[[Page 24942]]
Reviews and Requests for Revocation in Part, 72 FR 54428 (September 25,
2007).
Scope of the Order
The merchandise subject to this antidumping duty order 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 (15.24 cm) 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 3923.21.0085 of the Harmonized Tariff Schedule of
the United States (HTSUS). Furthermore, although the HTSUS subheading
is provided for convenience and customs purposes, the written
description of the scope of this order is dispositive.
Rescission in Part
On October 4, 2007, we received a timely withdrawal of the request
for review of King Pac. King Pac informed us that its request was
intended for the order on PRCBs from Thailand instead of Malaysia. In
accordance with 19 CFR 351.213(d)(1), the Department will rescind an
administrative review ``if a party that requested the review withdraws
the request within 90 days of the date of publication of notice of
initiation of the requested review.'' Therefore, because King Pac
withdrew its request within the 90-day time limit and there were no
other requests to review King Pac, we are rescinding the review in part
with respect to King Pac.
Intent to Rescind
On October 22, 2007, in response to the Department's quantity and
value questionnaire, Euro Plastics reported that it did not ship to the
United States during the POR. We examined U.S. Customs and Border
Protection (CBP) data and did not find entries of subject merchandise
from Euro Plastics during the POR. See the April 25, 2008, memorandum
to The File entitled ``Polyethylene Retail Carrier Bags from Malaysia -
Customs Data for Entries during the period August 1, 2006, through July
31, 2007.''
On October 22, 2007, in response to the Department's quantity and
value questionnaire, Zhin Hin reported that it had shipments to the
United States during the POR. Accordingly, we issued an antidumping
duty questionnaire to Zhin Hin on November 26, 2007. On November 29,
2007, Zhin Hin provided CBP documentation to support its claim that it
had shipments to the United States during the POR. Upon reviewing the
CBP documentation provided in Zhin Hin's November 29, 2007, letter and
January 9, 2008, questionnaire response, we found that Zhin Hin relied
on the ``import date,'' which fell within the POR, as the relevant date
to support its request for review. It is the Department's practice,
however, to consider the ``entry date'' as the determinative date for
purposes of whether an entry falls within a POR. In this case, we found
that the CBP documentation which Zhin Hin submitted also showed an
``entry summary date'' which fell outside of the POR. We examined
additional CBP data and tied the entry from the CBP documentation Zhin
Hin submitted to the additional CBP data by the entry number. The
additional CBP data showed that this entry had an ``entry date'' which
occurred outside the POR. Based on this information, we concluded that
there were no entries of subject merchandise from Zhin Hin during the
POR. Id.
Section 751(a)(2) of the Tariff Act of 1930, as amended (the Act),
instructs the Department that, when conducting an administrative
review, it is to determine the dumping margin for entries during the
relevant period. Further, according to 19 CFR 351.213(d)(3), the
Department may rescind an administrative review in whole or only with
respect to a particular exporter or producer if it concludes that,
during the POR, there were no entries, exports, or sales of the subject
merchandise, as the case may be. The Department has interpreted the
statutory and regulatory language as requiring ``that there be entries
during the period of review upon which to assess antidumping duties.''
See Granular Polytetrafluoroethylene Resin from Japan: Notice of
Rescission of Antidumping Duty Administrative Review, 70 FR 44088
(August 1, 2005). In Allegheny Ludlum Corp. v. United States, 346 F.3d
1368, 1372 (CAFC 2003), the Court of Appeals for the Federal Circuit
upheld the Department's practice of rescinding annual reviews when
there are no entries of subject merchandise during the POR. See also
Stainless Steel Plate in Coils from Taiwan: Final Rescission of
Antidumping Duty Administrative Review, 68 FR 63067, 63068 (November 7,
2003) (stating that ``the Department's interpretation of its statute
and regulations, as affirmed by the Court of Appeals for the Federal
Circuit, supports not conducting an administrative review when the
evidence on the record indicates that respondents had no entries of
subject merchandise during the POR'').
As explained above, we did not find entries of subject merchandise
from Euro Plastics or Zhin Hin during the POR. Because we preliminarily
find that Euro Plastics and Zin Hin had no entries of subject
merchandise during the POR and these are the only remaining companies
in this review, we intend to rescind the administrative review in its
entirety. If we continue to find that there were no entries of subject
merchandise from these companies after consideration of comments from
interested parties, we will rescind the entire administrative review of
PRCBs from Malaysia in accordance with 19 CFR 351.213(d)(3).
Public Comment
Any interested party may request a hearing within 30 days of the
publication of this notice in the Federal Register in accordance with
19 CFR 351.310. If a hearing is requested, the Department will notify
interested parties of the hearing schedule.
Interested parties are invited to comment on the intent to rescind
the administrative review. The Department will consider case briefs
filed by interested parties within 30 days after the date of
publication of this notice in the Federal Register. Interested parties
may file rebuttal briefs, limited to issues raised in the case briefs.
The Department will consider rebuttal briefs filed not later than five
days after the time limit for filing case briefs. Parties who submit
arguments are requested to submit with each argument a statement of the
issue, a brief summary of the argument, and a table of authorities
[[Page 24943]]
cited. Further, we request that parties submitting written comments
provide the Department with a diskette containing an electronic copy of
the public version of such comments. See, generally, 19 CFR 351.309(c)
and (d).
This rescission in part and intent to rescind the administrative
review are issued and published in accordance with sections 751(a)(1)
and 777(i)(1) of the Act.
Dated: April 30, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-9992 Filed 5-5-08; 8:45 am]
BILLING CODE 3510-DS-S