[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61128-61130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24837]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-813]
Polyethylene Retail Carrier Bags From Malaysia: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 15, 2010, the Department published its preliminary
results of the administrative review of the antidumping duty order on
polyethylene retail carrier bags (PRCBs) from Malaysia. The review
covers one manufacturer/exporter. The period of review is August 1,
2008, through July 31, 2009.
We gave interested parties an opportunity to comment on the
preliminary results. We have made no changes to the margin calculation
for the final results of this review. The final weighted-average margin
is listed below in the ``Final Results of the Review'' section of this
notice.
DATES: Effective Date: October 4, 2010.
[[Page 61129]]
FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Yang Chun, 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-
0180 or (202) 482-5760, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2010, the Department published the preliminary results
of review and invited parties to comment. See Polyethylene Retail
Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 33772 (June 15, 2010) (Preliminary
Results). Although we received comments from interested parties, those
comments are no longer on the record of the review. See ``Return of
Comments'' section below.
We have conducted this review in accordance with section 751(a) of
the Tariff Act, 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 (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). This subheading also covers 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.
Return of Comments
On July 15, 2010, Target Corporation (Target), an importer of
subject merchandise, filed a case brief. On July 16, 2010, Target filed
a correction letter with respect to its July 15, 2010, case brief. On
July 20, 2010, the petitioners \1\ filed a rebuttal brief.
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\1\ The Polyethylene Retail Carrier Bag Committee and its
individual members, Hilex Poly Co., LLC, and Superbag Corporation.
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On August 4, 2010, we returned the July 15, 2010, case brief and
July 16, 2010, correction letter to Target in accordance with 19 CFR
351.302(d) (see August 4, 2010, letter to Target). In our letter to
Target, we stated that its case brief contained unsolicited and
untimely new factual information and that we will not rely on the new
factual information in the case brief and correction letter in making
our final determination. See 19 CFR 351.104(a)(2). Accordingly, we
provided Target an opportunity to refile its case brief omitting the
new factual information. The deadline for Target to resubmit its case
brief was August 10, 2010.
On August 5, 2010, we returned the July 20, 2010, rebuttal brief to
the petitioners because in it they had referred to the new factual
information Target raised improperly in its case brief and correction
letter (see August 5, 2010, letter to the petitioners). In our letter,
we provided the petitioners an opportunity to refile their rebuttal
brief omitting the new factual information. The deadline for the
petitioners to resubmit their rebuttal brief was August 11, 2010.
Target did not submit a revised case brief by the August 10
deadline. The petitioners did not submit a revised rebuttal brief by
the August 11 deadline. See Memorandum to the File dated August 19,
2010.
Changes Since the Preliminary Results
Because the interested parties in this administrative review did
not refile their respective case or rebuttal briefs, there are no
comments to address concerning the Department's determination in the
Preliminary Results. Therefore, we have made no changes to our
determination to apply adverse facts available, as discussed in the
Preliminary Results (75 FR at 33773-74), to Euro Plastics Malaysia Sdn.
Bhd. (Euro Plastics).
Final Results of the Review
As a result of our review, we determine that a weighted-average
dumping margin of 101.74 percent exists for Euro Plastics for the
period August 1, 2008, through July 31, 2009.
Assessment Rates
Because we are relying on total adverse facts available to
establish the dumping margin for Euro Plastics, we will instruct U.S.
Customs and Border Protection (CBP) to apply a dumping margin of 101.74
percent to all entries of PRCBs from Malaysia that were produced and/or
exported by Euro Plastics and entered, or withdrawn from warehouse, for
consumption during the period of review.
The Department intends to issue appropriate assessment instructions
to CBP 15 days after publication of these final results of review.
Cash-Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of PRCBs from Malaysia entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) The cash-deposit rate
for Euro Plastics will be 101.74 percent; (2) for other previously
reviewed or investigated companies, the cash-deposit rate will continue
to be the company-specific rate published for the most recent period;
(3) if the exporter is not a firm covered in this review, a prior
review, or the less-than-fair-value investigation but the manufacturer
is, the cash-deposit rate will be the rate established for the most
recent period for the manufacturer of the merchandise; (4) if neither
the exporter nor the manufacturer has its own rate, the cash-deposit
rate will be 84.94 percent, the all-others rate established in the
Notice of Final Determination of Sales at Less Than Fair Value:
Polyethylene Retail Carrier Bags From Malaysia, 69 FR 34128 (June 18,
2004). These deposit requirements shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final reminder to importers 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
[[Page 61130]]
entries during the period of review. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).
Notification Regarding APO
This notice also serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the APO itself. See also 19 CFR 351.305(a)(3).
Timely written 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 sanctionable
violation.
We are publishing these final results of administrative review and
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5).
Dated: September 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-24837 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-P