[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Notices]
[Pages 48940-48941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19943]
[[Page 48940]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Notice of Implementation of Determination Under Section 129 of
the Uruguay Round Agreements Act and Partial Revocation of the
Antidumping Duty Order on Polyethylene Retail Carrier Bags From
Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 28, 2010, the U.S. Trade Representative (USTR)
instructed the Department of Commerce (the Department) to implement its
determination under section 129 of the Uruguay Round Agreements Act
(URAA) regarding the investigation of polyethylene retail carrier bags
from Thailand. The Department issued its determination on June 29,
2010, regarding the offsetting of dumped comparisons with non-dumped
comparisons when making average-to-average comparisons of export price
and normal value in the investigation challenged by Thailand before the
World Trade Organization (WTO) in United States--Antidumping Measure on
Polyethylene Retail Carrier Bags from Thailand. The Department is now
implementing this determination.
DATES: Effective Date: July 28, 2010.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer 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-
0410, or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2010, the Department informed interested parties that
it was initiating a proceeding under section 129 of the URAA to issue a
determination that would implement the findings of the WTO dispute
settlement panel in United States--Antidumping Measure on Polyethylene
Retail Carrier Bags from Thailand, WT/DS383/R (February 18, 2010). On
April 27, 2010, the Department issued the memorandum entitled
``Preliminary Results Under Section 129 of the Uruguay Round Agreements
Act: Antidumping Measures on Polyethylene Retail Carrier Bags from
Thailand'' (Preliminary Results) in which it recalculated the weighted-
average dumping margins from the antidumping investigation of
polyethylene retail carrier bags from Thailand \1\ by applying the
calculation methodology described in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin During an
Antidumping Investigation; Final Modification, 71 FR 77722 (December
27, 2006). The Department also invited interested parties to comment on
the Preliminary Results. After receiving comments and rebuttal comments
from the interested parties, the Department issued its final results
for the section 129 determination on June 29, 2010. See the June 29,
2010, memorandum entitled ``Issues and Decision Memorandum for the
Final Results of the Proceeding Under Section 129 of the Uruguay Round
Agreements Act: Antidumping Measures on Polyethylene Retail Carrier
Bags from Thailand'' (Issues and Decision Memorandum).
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\1\ See Notice of Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags From Thailand, 69 FR 34122
(June 18, 2004), as amended in Notice of Amended Final Determination
of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags
From Thailand, 69 FR 42419 (July 15, 2004).
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In its July 28, 2010, letter, the USTR notified the Department
that, consistent with section 129(b)(3) of the URAA, the USTR had held
consultations with the Department and the appropriate congressional
committees with respect to the June 29, 2010, determination. On July
28, 2010, in accordance with section 129(b)(4) of the URAA, the USTR
directed the Department to implement this determination.
Nature of the Proceeding
Section 129 of the URAA governs the nature and effect of
determinations issued by the Department to implement findings by WTO
dispute settlement panels and the Appellate Body. Specifically, section
129(b)(2) of the URAA provides that, ``notwithstanding any provision of
the Tariff Act of 1930,'' within 180 days of a written request from the
USTR, the Department shall issue a determination that would render its
actions not inconsistent with an adverse finding of a WTO panel or the
Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of
Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994)
(SAA), variously refers to such a determination by the Department as a
``new,'' ``second,'' and ``different'' determination. See SAA at 1025,
1027. After consulting with the Department and the appropriate
congressional committees, the USTR may direct the Department to
implement, in whole or in part, the new determination made under
section 129 of the URAA. See 19 U.S.C. 3538(b)(4). Pursuant to section
129(c) of the URAA, the new determination shall apply with respect to
unliquidated entries of the subject merchandise that are entered, or
withdrawn from warehouse, for consumption on or after the date on which
the USTR directs the Department to implement the new determination. See
19 U.S.C. 3538(c). The new determination is subject to judicial review
separate and apart from judicial review of the Department's original
determination. See 19 U.S.C. 1516a(a)(2)(B)(vii).
Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
interested parties to this proceeding are addressed in the Issues and
Decision Memorandum dated June 29, 2010, which is hereby adopted by
this notice. The Issues and Decision Memorandum is on file in the
Central Records Unit (CRU), room 1117 of the main Department of
Commerce building, and can be accessed directly at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of
the Issues and Decision Memorandum are identical in content. A list of
the issues addressed in the Issues and Decision Memorandum is appended
to this notice.
Final Antidumping Duty Margins
The recalculated margins, unchanged from the Preliminary Results,
are as follows:
The margin for Thai Plastic Bags Industries Co., Ltd.,
Winner's Pack Co., Ltd., and APEC Film Ltd. (collectively TPBI),
decreases from 2.26 percent to zero.
The margin for Advance Polybag Inc., Alpine Plastics Inc.,
API Enterprises Inc., and Universal Polybag Co., Ltd. (collectively
Universal), decreases from 5.35 percent to 4.69 percent.
The margins for Champion Paper Polybags Ltd., TRC
Polypack, and Zip-Pac Co., Ltd., remain 122.88 percent.
Because the margin for Universal is the only margin that
is neither de minimis nor based wholly on adverse facts available, the
all-others rate is based on the margin for Universal consistent with
section 735(c)(5)(A) of the Tariff Act of 1930, as amended. Therefore,
the all-others rate changes from 2.80 percent to 4.69 percent.
Implementation of Partial Revocation and Recalculated Margins
Upon recalculation, TPBI does not have a dumping margin. Therefore,
the
[[Page 48941]]
Department is revoking the order with respect to TPBI effective July
28, 2010, the date upon which USTR directed the Department to implement
its final results. Accordingly, we will instruct U.S. Customs and
Border Protection (CBP) to liquidate without regard to antidumping
duties entries of the subject merchandise manufactured and exported by
TPBI which were entered, or withdrawn from warehouse, for consumption
on or after that date and to discontinue the collection of cash
deposits for estimated antidumping duties for merchandise manufactured
and exported by TPBI.
We will instruct CBP to continue to suspend liquidation of all
entries of subject merchandise from all other exporters or producers.
We will instruct CBP to continue to require a cash deposit equal to the
estimated amount by which the normal value exceeds the U.S. price. The
suspension-of-liquidation instructions will remain in effect until
further notice. The all-others rate of 4.69 percent established in this
section 129 determination will be the new cash-deposit rate on or after
July 28, 2010, for all exporters of subject merchandise for which the
Department has not calculated an individual rate.
This determination is issued and published in accordance with
section 129(c)(2)(A) of the URAA.
Dated: August 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issues Raised in the Issues and Decision Memorandum
1. Targeted Dumping.
2. All-Others Rate.
3. Effective Date.
[FR Doc. 2010-19943 Filed 8-11-10; 8:45 am]
BILLING CODE 3510-DS-P