[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Notices]
[Page 63718-63720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de09-50]
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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 Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 29, 2009, the Department of Commerce published the
preliminary results of the 2007/2008 administrative review of the
antidumping duty order on polyethylene retail carrier bags from the
People's Republic of China. The review covers one exporter. The period
of review is August 1, 2007, through July 31, 2008. We invited
interested parties to comment on these preliminary results.
Based on our analysis of the comments received, we have made
changes to our margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping
margins for
[[Page 63719]]
the reviewed firm is listed below in the section entitled ``Final
Results of the Review.''
EFFECTIVE DATE: December 4, 2009.
FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, 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-
1757 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2009, the Department of Commerce (the Department)
published the preliminary results of review of the antidumping duty
order on polyethylene retail carrier bags (PRCBs) from the People's
Republic of China (PRC). See Polyethylene Retail Carrier Bags from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 74 FR 37694 (July 29, 2009) (Preliminary
Results). The administrative review covers Zongshan Rally Plastics Co.,
Ltd., and Rally Plastics Co., Ltd. (collectively Rally).
We invited parties to comment on the Preliminary Results. On August
31, 2009, we received case briefs from the Polyethylene Retail Carrier
Bag Committee and its individual members, Hilex Poly Co., LLC, and
Superbag Corporation (collectively, the petitioners), and Rally. On
September 3, 2009, we received a rebuttal brief from Rally. Although
Rally requested on August 28, 2009, that the Department hold a hearing,
it withdrew its request for a hearing on September 4, 2009; therefore,
we did not conduct a hearing.
We have conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the 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 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).\1\ This subheading may also cover products
that are outside the scope of the order. Furthermore, although the
HTSUS subheading is provided for convenience and customs purposes, the
written description of the scope of the order is dispositive.
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\1\ Until July 1, 2005, these products were classifiable under
HTSUS 3923.21.0090 (Sacks and bags of polymers of ethylene, other).
See Harmonized Tariff Schedule of the United States (2005) -
Supplement 1 Annotated for Statistical Reporting Purposes Change
Record - 17th Edition - Supplement 1, available at http://
hotdocs.usitc.gov/docs/tata/hts/bychapter/0510/0510chgs.pdf.
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Separate Rates
In proceedings involving non-market-economy (NME) countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
review in an NME country this single rate unless an exporter can
demonstrate that it is sufficiently independent so as to be entitled to
a separate rate.
In the Preliminary Results, we treated the PRC as an NME country
and found that Rally demonstrated its eligibility for separate-rate
status. We received no comments from interested parties regarding the
separate-rate status of Rally. Therefore, for these final results of
review, we continue to find that the evidence placed on the record of
this review by Rally demonstrates an absence of government control,
both in law and in fact, with respect to its exports of the subject
merchandise. Thus, we have determined that Rally is eligible to receive
a separate rate.
Surrogate Country
In the Preliminary Results, we treated the PRC as an NME country
and, therefore, we calculated normal value in accordance with section
773(c) of the Act. Also, we stated that we selected India as the
appropriate surrogate country to use in this review because it is a
significant producer of merchandise comparable to subject merchandise
and it is at a level of economic development comparable to the PRC,
pursuant to section 773(c)(4) of the Act. See Preliminary Results, 74
FR at 37694. No interested party commented on our designation of the
PRC as an NME country nor the selection of India as the surrogate
country. Therefore, we have continued to treat the PRC as an NME
country and have used the same surrogate country, India, for these
final results of review.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Issues and Decision Memorandum from
John M. Andersen, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration, dated concurrently with
this notice (Decision Memo), which is hereby adopted by this notice.
The issue which parties have raised and to which we have responded in
the Decision Memo relates to the valuation of NME purchases of a factor
of production, calcium carbonate. Parties can find a complete
discussion of the issue raised in this review and the corresponding
recommendation in this public memorandum, which is on file in the
Central Records Unit, main Department of Commerce building, Room 1117,
and is accessible on the Web at http://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made several
changes in our margin calculations. Specifically, we have changed our
selection of the surrogate value for the valuation of calcium
carbonate. See Decision Memo and Analysis Memorandum dated concurrently
with this notice. Additionally, we have corrected undisputed clerical
errors in our calculations. See Analysis Memorandum.
[[Page 63720]]
Final Results of the Review
As a result of our review, we determine that a final weighted-
average dumping margin of 17.92 percent exists for Rally for the period
August 1, 2007, through July 31, 2008.
Assessment Rates
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of these final results of administrative review. In
calculating importer-specific assessment rates, we divided the total
dumping margins (calculated as the difference between normal value and
export price) for each of Rally's importers or customers by the total
number of units the exporter sold to that importer or customer. We will
direct CBP to assess the resulting per-unit dollar amount against each
unit of merchandise in each of that importer's/customer's entries
during the review period.
Cash-Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of this notice of final results of administrative review
for shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of the publication as
provided by section 751(a)(1) of the Act: (1) for subject merchandise
exported by Rally, the cash deposit rate will be 17.92 percent; (2) for
previously reviewed or investigated companies not listed above that
have separate rates, the cash-deposit rate will continue to be the
company-specific rate published for the most recent period; (3) for all
other PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash-deposit rate will be the PRC-
wide rate of 77.57 percent; (4) for all non-PRC exporters of subject
merchandise the cash-deposit rate will be the rate applicable to the
PRC exporter that supplied that exporter. These deposit requirements
shall remain in effect until further notice.
Notifications
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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties. See id.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
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 subject to sanction.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: November 25, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29018 Filed 12-3-09; 8:45 am]
BILLING CODE 3510-DS-S