[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Pages 21333-21335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9230]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-916]
Laminated Woven Sacks From the People's Republic of China: Final
Results of Second Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 27, 2010, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
results of the second administrative review of the antidumping duty
order on laminated woven sacks from the People's Republic of China
(``PRC''). See Laminated Woven Sacks From the People's Republic of
China: Preliminary Results of the Second Administrative Review, 75 FR
81218 (December 27, 2010) (``Preliminary Results''). We gave interested
parties an opportunity to comment on the Preliminary Results. Based
upon our analysis of the comments and information received, no changes
have been made for the final results. We continue to find that the PRC-
wide entity has sold subject merchandise at less than normal value
during the period of review (``POR''), August 1, 2009, through July 31,
2010.
DATES: Effective Date: April 15, 2011.
FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-2615.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2010, the Department initiated this review with
respect to one company. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 75 FR 60076 (September 29, 2010). The review was initiated
with respect to Zibo Aifudi Plastic Packaging Co., Ltd. (``Aifudi'')
upon the self-request of Aifudi and the request of Petitioners.\1\ On
November 3, 2010, Aifudi submitted a letter notifying the Department of
its intent to withdraw and refusal to further participate in the
ongoing administrative review.\2\ Petitioners did not withdraw their
request for an administrative review of Aifudi. Therefore, the
Department did not rescind the review with respect to Aifudi.
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\1\ Petitioners are the Laminated Woven Sacks Committee and its
individual members, Coating Excellence International, LLC and
Polytex Fibers Corporation.
\2\ See Letter from Aifudi entitled Laminated Woven Sacks from
China; Withdrawal from Proceeding, dated November 3, 2010.
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In the Preliminary Results, we set the deadline for interested
parties to submit case briefs and rebuttal briefs to January 26, 2011,
and January 31, 2011, respectively. Due to the early closure of the
Department resulting from inclement weather on January 26, 2011, AMS
\3\ filed a case brief on the morning of the next business day, January
27, 2011. Subsequently, the Department extended the deadline for
rebuttal briefs by one day, to February 1, 2011. Petitioners filed a
rebuttal brief on February 1, 2011. The Department did not hold a
public hearing pursuant to 19 CFR 351.310(d), as no interested parties
requested a hearing.
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\3\ AMS Associates, Inc., operating as Shapiro Packaging
(``AMS''), importer of products produced by Aifudi.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these reviews are addressed in the ``Laminated Woven Sacks from the
People's Republic of China: Issues and Decision Memorandum for the
Final Results of the Second Antidumping Duty Administrative Review''
(``Decision Memo''), which is dated concurrently with this notice. A
list of the issues which parties raised and to which we respond in the
Decision Memo is attached to this notice as an Appendix. The Decision
Memo is a public document and is on file in the Central Records Unit,
Main Commerce Building, Room 7046, and is accessible on the
Department's Web site at http://www.trade.gov/ia. The paper copy and
electronic version of the memorandum are identical in content.
Scope of the Order
The merchandise covered by the order is laminated woven sacks.
Laminated woven sacks are bags or sacks consisting of one or more plies
of fabric consisting of woven polypropylene strip and/or woven
polyethylene strip, regardless of the width of the strip; with or
without an extrusion coating of polypropylene and/or polyethylene on
one or both sides of the fabric; laminated by any method either to an
exterior ply of plastic film such as biaxially-oriented polypropylene
(``BOPP'') or to an exterior ply of paper that is suitable for high
quality print graphics; \4\ printed with three colors or more in
register; with or without lining; whether or not closed on one end;
whether or not in roll form (including sheets, lay-flat tubing, and
sleeves); with or without handles; with or without special closing
features; not exceeding one kilogram in weight. Laminated woven sacks
are typically used for retail packaging of consumer goods such as pet
foods and bird seed.
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\4\ ``Paper suitable for high quality print graphics,'' as used
herein, means paper having an ISO brightness of 82 or higher and a
Sheffield Smoothness of 250 or less. Coated free sheet is an example
of a paper suitable for high quality print graphics.
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Effective July 1, 2007, laminated woven sacks are classifiable
under Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings 6305.33.0050 and 6305.33.0080. Laminated woven sacks were
previously classifiable under HTSUS subheading 6305.33.0020. If entered
with plastic coating on both sides of the fabric consisting of woven
polypropylene strip and/or woven polyethylene strip, laminated woven
sacks may be classifiable under HTSUS subheadings 3923.21.0080,
3923.21.0095, and 3923.29.0000. If entered not closed on one end or in
roll form (including sheets, lay-flat tubing, and sleeves), laminated
woven sacks may be classifiable under other HTSUS subheadings including
3917.39.0050, 3921.90.1100, 3921.90.1500, and 5903.90.2500. If the
polypropylene
[[Page 21334]]
strips and/or polyethylene strips making up the fabric measure more
than 5 millimeters in width, laminated woven sacks may be classifiable
under other HTSUS subheadings including 4601.99.0500, 4601.99.9000, and
4602.90.0000. Although HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.
Changes Since the Preliminary Results
In the Preliminary Results, we determined that the use of adverse
facts available (``AFA'') is appropriate as the basis for the weighted-
average dumping margin assigned to the PRC-wide entity, which includes
Aifudi. There have been no changes since the Preliminary Results.
Therefore, for the final results, we have adopted our positions in the
Preliminary Results. Thus, the Department continues to find that the
application of total AFA is warranted for the PRC-wide entity pursuant
to sections 776(a)(2)(A) and (C) and 776(b) of the Tariff Act of 1930,
as amended (``the Act'').
Use of Adverse Facts Available
In accordance with section 776(b) of the Act, we determine that the
use of AFA as the basis for the weighted-average dumping margin is
appropriate for the PRC-wide entity. As explained in the Preliminary
Results, Aifudi withdrew its participation from this administrative
review, did not submit any information on the record regarding its
separate rate status, and did not respond to requests for information
from the Department. As such, Aifudi has not rebutted the presumption
of PRC government control and does not qualify for a separate rate.
Therefore, the Department continues to find that Aifudi should be
treated as part of the PRC-wide entity.
Because we have determined that Aifudi is part of the PRC-wide
entity, the PRC-wide entity is under review. Pursuant to section
776(a)(2)(A) and (C) of the Act, we find that Aifudi failed to respond
to the Department's questionnaires, withheld information requested by
the Department, and impeded the conduct of this review. Accordingly,
the Department continues to find that it is appropriate to base the
dumping margin of the PRC-wide entity on the facts otherwise available
on the record. Further, because Aifudi's failure to provide the
requested information constitutes circumstances under which it is
reasonable to conclude that less than full cooperation has been shown,
pursuant to section 776(b) of the Act, the Department has determined
that, when selecting from among the facts otherwise available, an
adverse inference is warranted with respect to the PRC-wide entity.
As AFA, we have applied the highest dumping margin on the record of
any segment of this proceeding, which is 91.73 percent.\5\ Furthermore,
as required by section 776(c) of the Act, we corroborated this margin
with respect to the PRC-wide entity, to the extent practicable. For a
detailed explanation of how we corroborated this margin, see
Preliminary Results.\6\
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\5\ See Laminated Woven Sacks from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical Circumstances, 73 FR
35646 (June 24, 2008).
\6\ See Preliminary Results, 75 FR at 81220-21.
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Final Results of Review
The weighted-average dumping margins for the POR are as follows:
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\7\ The PRC-Wide entity includes Zibo Aifudi Plastic Packaging
Co., Ltd.
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Weighted average
Exporter percent margin
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PRC-Wide Entity \7\................................. 91.73
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Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the final results of this
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where
appropriate, we calculated an ad valorem rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total entered values associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise. Where appropriate,
we calculated a per-unit rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer (or customer)-specific assessment rate
is de minimis (i.e., less than 0.50 percent), the Department will
instruct CBP to assess that importer (or customer's) entries of subject
merchandise without regard to antidumping duties, in accordance with 19
CFR 351.106(c)(2). The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For Aifudi, the
cash deposit rate will be the rate as listed above in the ``Final
Results of Review'' section of this notice; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (3) for
all 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 91.73 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporters that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Reimbursement of Duties
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 entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial
[[Page 21335]]
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: April 8, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--Issues and Decision Memorandum
Comment 1: Decision Regarding Country of Origin
1a. Procedures in Determining Country of Origin
1b. Authority to Issue Instructions to CBP
Comment 2: Whether to Reject AMS' Case Brief
[FR Doc. 2011-9230 Filed 4-14-11; 8:45 am]
BILLING CODE 3510-DS-P