[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16434-16436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7410]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-806]
Polyethylene Retail Carrier Bags From the Socialist Republic of
Vietnam: Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
DATES: Effective Date: April 1, 2010.
SUMMARY: The Department of Commerce (the ``Department'') has determined
that polyethylene retail carrier bags (``PRCBs'') from the Socialist
Republic of Vietnam (``Vietnam'') are being, or are likely to be, sold
in the United States at less than fair value (``LTFV''), as provided in
section 735 of the Tariff Act of 1930, as amended (the ``Act''). The
final dumping margins for this investigation are listed in the Final
Determination Margins section of this notice.
FOR FURTHER INFORMATION CONTACT: Zev Primor or Shawn Higgins, 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-
4114 and (202) 482-0679, respectively.
SUPPLEMENTARY INFORMATION:
Case History
On November 3, 2009, the Department published in the Federal
Register its preliminary determination that PRCBs from Vietnam are
being, or are likely to be, sold in the United States at LTFV, as
provided in the Act. See Polyethylene Retail Carrier Bags From the
Socialist Republic of Vietnam: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 74 FR
56813 (November 3, 2009) (``Preliminary Determination''). For the
Preliminary Determination, the Department assigned a 76.11 percent
dumping margin to the Vietnam-wide entity--including mandatory
respondents Advance Polybag Co., Ltd. (``API'') and Fotai Vietnam
Enterprise Corp. (``Fotai Vietnam'')--and a 52.30 percent dumping
margin to 16 separate rate applicants. Because no interested party
submitted case or rebuttal briefs, it was not necessary to prepare an
accompanying Issues and Decision Memorandum. As a further consequence
of no submissions, a hearing was not held.
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding have been extended by seven
days. The revised deadline for the final determination of this
investigation is now March 25, 2010. See Memorandum to the Record from
Ronald Lorentzen, DAS for Import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure During
the Recent Snowstorm,'' dated February 12, 2010.
Period of Investigation
The period of investigation is July 1, 2008, through December 31,
2008. This period corresponds to the two most recent fiscal quarters
prior to the month in which the petition was filed (i.e., March 2009).
See 19 CFR 351.204(b)(1).
Scope of the Investigation
The merchandise subject to this investigation is polyethylene
retail carrier bags, which also 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 this investigation 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 merchandise included within the scope of this
investigation are currently classifiable under statistical category
3923.21.0085 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). This subheading may also cover products that are outside
the scope of this investigation. Furthermore, although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the scope of this investigation is dispositive.
Changes Since the Preliminary Determination
Because no party submitted case briefs and there are no other
circumstances which warrant the revision of the Preliminary
Determination, the Department has not made changes to its analysis, or
the dumping margins calculated, with respect to the Preliminary
Determination. For further details of the issues addressed in this
proceeding, see the Preliminary Determination.
Combination Rates
In the initiation notice, the Department stated that it would
calculate combination rates for respondents that are eligible for a
separate rate in this investigation. See Polyethylene Retail Carrier
Bags From Indonesia, Taiwan, and the Socialist Republic of Vietnam:
Initiation of Antidumping Duty Investigations, 74 FR 19049 (April 27,
2009). This change in practice is described in Separate Rates and
Combination Rates in Antidumping Investigations involving Non-Market
Economy Countries, 70 FR 17233 (April 5, 2005) which states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its {non-market economy{time} investigations will be
specific to those producers that supplied the exporter during the
period of investigation. Note, however, that one rate is calculated
for the exporter and all of the producers which supplied subject
merchandise to it during the period of investigation. This practice
applies both to mandatory respondents receiving an individually
calculated separate rate as well as the pool of non-investigated
firms
[[Page 16435]]
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation.
Final Determination Margins
The Department determines that the following dumping margins exist
for the period July 1, 2008, through December 31, 2008: \1\
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\1\ ``[caret]'' designates companies as foreign-owned separate
rate recipients, ``*'' designates companies as Vietnamese separate
rate recipients, and ``[deg]'' designates companies as state-owned
separate rate recipients.
\2\ API, Fotai Vietnam, Green Care Packaging Industrial
(Vietnam) Co., Creative Pak Industrial Co., Ltd., An Phat Plastic
and Packing Joint Stock Co., Genius Development Ltd., and J.K.C.
Vina Co., Ltd. are all part of the Vietnam-wide entity.
------------------------------------------------------------------------
Antidumping
Manufacturer Exporter duty percent
margin
------------------------------------------------------------------------
Alpha Plastics (Vietnam) Co., Alpha Plastics 52.30
Ltd.[caret]. (Vietnam) Co.,
Ltd.[caret].
Alta Company [deg]............. Alta Company [deg]..... 52.30
Ampac Packaging Vietnam Ampac Packaging Vietnam 52.30
Ltd.[caret]. Ltd.[caret].
BITAHACO *..................... BITAHACO *............. 52.30
Chin Sheng Co., Ltd.*.......... Chin Sheng Co., Ltd.*.. 52.30
Chung Va (Vietnam) Plastic Chung Va Century Macao 52.30
Packaging Co., Ltd.[caret]. Commercial Offshore
Limited [caret].
Hanoi 27-7 Packaging Company Hanoi 27-7 Packaging 52.30
Limited, aka Hanoi 27-7 Company Limited, aka
Packing Company Limited, aka Hanoi 27-7 Packing
HAPACK Co. Ltd, aka HAPACK Company Limited, aka
[ordm]. HAPACK Co. Ltd, aka
HAPACK [deg].
Hoi Hung Company Limited Kong Wai Polybag 52.30
[caret]. Printing Company
[caret].
Kinsplastic Vietnam Ltd. Kinsplastic Vietnam 52.30
Co.[caret]. Ltd. Co.[caret].
Loc Cuong Trading Producing Loc Cuong Trading 52.30
Company Limited, aka Loc Cuong Producing Company
Trading Producing Company, aka Limited, aka Loc Cuong
Loc Cuong Trading Producing Trading Producing
Co. Ltd.*. Company, aka Loc Cuong
Trading Producing Co.
Ltd.*.
Ontrue Plastics Co., Ltd. Ontrue Plastics Co., 52.30
(Vietnam) [caret]. Ltd. (Vietnam) [caret].
Richway Plastics Vietnam Co., Richway Plastics 52.30
Ltd.[caret]. Vietnam Co.,
Ltd.[caret].
RKW Lotus Limited Co., Ltd., RKW Lotus Limited Co., 52.30
aka RKW Lotus Limited, aka RKW Ltd., aka RKW Lotus
Lotus Ltd.[caret]. Limited, aka RKW Lotus
Ltd.[caret].
VINAPACKINK Co., Ltd.*......... VINAPACKINK Co., Ltd.*. 52.30
VN K's International Polybags K's International 52.30
Joint Stock Company *. Polybags MFG Ltd *.
VN Plastic Industries Co. Ltd VN Plastic Industries 52.30
[caret]. Co. Ltd [caret].
Vietnam-Wide Entity \2\........ ....................... 76.11
------------------------------------------------------------------------
Disclosure
The Department will disclose the calculations performed within five
days of the date of publication of this notice to parties in this
proceeding in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all entries of PRCBs from Vietnam, as
described in the Scope of the Investigation section, entered, or
withdrawn from warehouse, for consumption on or after November 3, 2009,
the date of publication of the Preliminary Determination in the Federal
Register. The Department will instruct CBP to require a cash deposit or
the posting of a bond equal to the weighted-average dumping margin
amount by which the normal value exceeds U.S. price, as follows: (1)
The rate for the exporter/producer combinations listed in the chart
above will be the rate the Department has determined in this final
determination; (2) for all Vietnamese exporters of subject merchandise
which have not received their own rate, the cash-deposit rate will be
the Vietnam-wide entity rate; and (3) for all non-Vietnamese exporters
of subject merchandise which have not received their own rate, the
cash-deposit rate will be the rate applicable to the Vietnamese
exporter/producer combination that supplied that non-Vietnamese
exporter. These suspension-of-liquidation instructions will remain in
effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, the Department
notified the International Trade Commission (``ITC'') of its final
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, within
45 days the ITC will determine whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports or sales (or the likelihood of sales) for
importation of the subject merchandise. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
CBP to assess, upon further instruction by the Department, antidumping
duties on all imports of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
[[Page 16436]]
Dated: March 25, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-7410 Filed 3-31-10; 8:45 am]
BILLING CODE 3510-DS-P