[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50376-50377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20008]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Final Results of
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 14, 2013, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on polyethylene retail carrier bags (PRCBs) from
Thailand. The period of review (POR) is August 1, 2011, through July
31, 2012. For the final results we continue to find that Trinity Pac
Co. Ltd. (Trinity Pac) has sold subject merchandise at less than normal
value and that TPN FlexPak Co., Ltd. (TPN) had no shipments during the
POR.
DATES: Effective Date: August 19, 2013.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, 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, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2013, the Department published the preliminary results
of the administrative review of the antidumping duty order on PRCBs
from Thailand.\1\ We invited interested parties to comment on the
Preliminary Results. We received no comments.
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\1\ See Polyethylene Retail Carrier Bags from Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012, 78 FR 28192 (May 14, 2013) (Preliminary Results).
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The Department has conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, 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 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.
As a result of changes to the Harmonized Tariff Schedule of the
United States (HTSUS), imports of the subject merchandise are currently
classifiable under statistical category 3923.21.0085 of the HTSUS.
Furthermore, although the HTSUS subheading is provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.
Adverse Facts Available
As explained fully in our Preliminary Results, we find that Trinity
Pac did not act to the best of its ability to comply with our request
for information that is necessary for our determination.\2\
Consequently, we are continuing to rely on adverse facts available
(AFA), in accordance with sections 776(a) and (b) of the Tariff Act of
1930, and applying a rate of 122.88 percent to Trinity Pac. This rate
was applied in the less-than-fair-value investigation as well as in
each successive administrative review.\3\ Trinity Pac has not been
individually examined in any of the prior segments of this proceeding.
Trinity Pac provided the Department with no company-specific commercial
information and no information has been presented in the current review
that calls into question the relevance or reliability of this rate.
Accordingly, in the Preliminary Results, we determined that, by using a
rate of 122.88 percent that was corroborated in the investigation and
preliminarily found to be both reliable and relevant to Trinity Pac in
this review, we have corroborated the AFA rate ``to the extent
practicable.'' \4\ Thus, for the final results, we continue to find
that an AFA rate of 122.88 percent is corroborated, pursuant to section
776(c) of the Act, and is otherwise appropriate to apply to Trinity
Pac.\5\
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\2\ Id., and accompanying Preliminary Decision Memorandum at 3.
\3\ See Notice of Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags From Thailand, 69 FR 34122-
34124 (June 18, 2004), Polyethylene Retail Carrier Bags from
Thailand: Final Results of Antidumping Duty Administrative Review,
72 FR 1982, 1983 (January 17, 2007), Polyethylene Retail Carrier
Bags from Thailand: Final Results of Antidumping Duty Administrative
Review and Partial Rescission of Antidumping Duty Administrative
Review, 72 FR 64580 (November 16, 2007), Polyethylene Retail Carrier
Bags from Thailand: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 74 FR 2511, 2512 (January
15, 2009) and Polyethylene Retail Carrier Bags from Thailand: Final
Results of Antidumping Duty Administrative Review, 74 FR 65751
(December 11, 2009).
\4\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 7.
\5\ Id.
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Final Determination of No Shipments
Consistent with the Preliminary Results, we continue to determine
that TPN had no shipments during the POR.
Rates for Respondents Not Selected for Individual Examination
As explained fully in our Preliminary Results, we are applying a
rate of 4.69 percent which is taken from the Section 129 Determination
for the original antidumping duty investigation,\6\ to the nine
companies that were not selected
[[Page 50377]]
for individual examination in this review.
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\6\ 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).
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Final Results of the Review
As a result of our review, we determine that the following
weighted-average dumping margins on PRCBs from Thailand exist for the
period August 1, 2011, through July 31, 2012:
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Weighted-
average
Company dumping
margin
(percent)
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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
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
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Assessment Rates
The Department will instruct U.S. Customs and Border Protection
(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 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,\7\ because TPN had no
shipments of subject merchandise to the United States during the POR,
we will instruct CBP to liquidate any applicable entries of subject
merchandise at the all-others rate of 4.69 percent if there is no rate
for the intermediate company(ies) involved in the transaction.
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\7\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this 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, with the exception of TPN FlexPac Co.,
Ltd., will be the weighted-average dumping margins 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 weighted-average dumping margin
published for the most recently completed segment of this proceeding;
(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 weighted-average dumping margin
established for the manufacturer of the merchandise for the most
recently completed segment of this proceeding; (4) if neither the
exporter nor the manufacturer has its own rate, the cash deposit rate
will be 4.69 percent, the all-others rate established in Section 129
Determination. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notifications
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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.
The Department is issuing and publishing these final results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: August 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-20008 Filed 8-16-13; 8:45 am]
BILLING CODE 3510-DS-P