[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28192-28194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11319]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyethylene
retail carrier bags (PRCBs) from Thailand. The review covers 11
respondents. The period of review (POR) is August 1, 2011, through July
31, 2012. We preliminarily find that subject merchandise has been sold
at less than normal value by the companies subject to this review.
DATES: Effective Date: May 14, 2013.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0665.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is
polyethylene retail carrier bags, which are currently classified under
subheading 3923.21.0085 of the Harmonized Tariff Schedule of the United
States (HTSUS). The HTSUS number is provided for convenience and
customs purposes. A full description of the scope of the order is
contained in the memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import Administration, ``Decision
Memorandum for Preliminary Results of the 2011/12 Antidumping Duty
Administrative Review: Polyethylene Retail Carrier Bags from
Thailand,'' dated concurrently with this notice (Preliminary Decision
Memorandum), which is hereby adopted by this notice. The written
description is dispositive.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
Access to IA ACCESS is available to registered users at http://
[[Page 28193]]
iaaccess.trade.gov and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at http://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Methodology
We have relied on total facts available with respect to Trinity Pac
Co., Ltd. (Trinity Pac), the sole company selected for individual
examination in this review. Because this company did not act to the
best of its ability to respond to the Department's requests for
information, we have drawn an adverse inference in selecting from among
the facts otherwise available.\1\ We have preliminarily determined to
apply a 122.88 percent rate as adverse facts available for Trinity
Pac.\2\
---------------------------------------------------------------------------
\1\ See sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act).
\2\ For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Preliminary Determination of No Reviewable Entries
With respect to TPN FlexPac Co., Ltd., we preliminarily determine
that it had no shipments of subject merchandise to the United States
during the POR.\3\
---------------------------------------------------------------------------
\3\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Rates for Respondents Not Selected for Individual Examination
Section 735(c)(5)(B) of the Act states that ``if the estimated
weighted average dumping margins established for all exporters and
producers individually investigated are zero or de minimis, or
determined entirely under section 776'' in an investigation, the
Department may ``use any reasonable method to establish the estimated
all-others rate for exporters and producers not individually
investigated.'' In administrative reviews, when the Department does not
review all of the respondents, the Department will rely on section
735(c)(5) of the Act for guidance in determining a rate for companies
not individual investigated. In this administrative review, the only
rate preliminarily applied to an individually investigated exporter has
been determined pursuant to section 776(a) and (b) of the Act.
Therefore, consistent with section 735(c)(5)(B) of the Act, we
preliminarily determine that a reasonable method for determining the
weighted-average dumping margins for the nine non-selected respondents
in this review is to apply an all-others rate of 4.69 percent.\4\ This
rate is taken from the Section 129 Determination for the original
antidumping duty investigation.\5\
---------------------------------------------------------------------------
\4\ For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
\5\ See 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, 75 FR 48940 (August 12, 2010) (Section 129 Determination).
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of our review, we preliminarily determine that the
following percentage weighted-average dumping margins on PRCBs from
Thailand exist for the period August 1, 2011, through July 31, 2012:
------------------------------------------------------------------------
Company Margin percent
------------------------------------------------------------------------
Elite Poly and Packaging Co., Ltd................... 4.69
Multibax Public Company Limited..................... 4.69
PMC Innopack Co., Ltd............................... 4.69
Prepack Thailand Co., Ltd........................... 4.69
TPN FlexPac Co., Ltd................................ (*)
Superpac Corporation Co. Ltd........................ 4.69
Siam Best Products Trading Limited Partnership...... 4.69
Two Path Plaspack Co. Ltd........................... 4.69
Sun Pack Inter Co. Ltd.............................. 4.69
Apple Film Company, Ltd............................. 4.69
Trinity Pac Co. Ltd................................. 122.88
------------------------------------------------------------------------
* No shipments in this review.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs. Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Time within 30
days after the date of publication of this notice. Requests should
contain: (1) The party's name, address and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. The Department intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. For the final
results, if we continue to rely on total adverse facts available to
establish Trinity Pac's weighted-average dumping margin, we will
instruct CBP to apply an ad valorem assessment rate of 122.88 percent
to all entries of subject merchandise during the POR which were
produced and/or exported by Trinity Pac.
For the companies which were not selected for individual
examination and for which we did not determine that there were no
shipments, we will
[[Page 28194]]
instruct CBP to apply an ad valorem assessment rate of 4.69 rate to all
entries of subject merchandise produced and/or exported by such firms.
Consistent with the Assessment Policy Notice,\6\ for TPN FlexPac
Co., Ltd., which claimed that it had no shipments of subject
merchandise to the United States, we will instruct CBP to assess
antidumping duties on all entries of subject merchandise at the cash
deposit rate applicable for the intermediary company, or if no such
rate exists, at the all-others rate of 4.69 percent from the Section
129 Determination.
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
---------------------------------------------------------------------------
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of PRCBs from Thailand entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2) of the Act: (1) The cash deposit rates
for the reviewed companies, except for TPN FlexPac Co., Ltd., will be
the rates established in the final results of this review; (2) for
previously reviewed or investigated companies not listed above, 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 4.69 percent.\7\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\7\ See Section 129 Determination.
---------------------------------------------------------------------------
Notifications to Importer
This notice also serves as a preliminary 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 review period. 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.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: May 6, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
2. Selection of Respondents
3. Request for Duty Absorption Determinations
4. Use of Facts Otherwise Available
5. Preliminary Determination of No Reviewable Entries
6. Rate for Non-Selected Companies
[FR Doc. 2013-11319 Filed 5-13-13; 8:45 am]
BILLING CODE 3510-DS-P