[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72628-72629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28950]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Notice of Court
Decision Not in Harmony With Final Results of Administrative Review and
Notice of Amended Final Results of Administrative Review; 2009-2010
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On November 13, 2013, the United States Court of International
Trade (Court or CIT) issued its final judgment affirming the Department
of Commerce's (the Department's) final results of the remand
redetermination \1\ concerning the 2009-2010 administrative review of
the antidumping duty order on polyethylene retail carrier bags (PRCBs)
from Thailand.\2\ Consistent with the decision of the United States
Court of Appeals for the Federal Circuit (Federal Circuit) in Timken
Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as
clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is
notifying the public that the final CIT judgment in this case is not in
harmony with the Department's final results of administrative review
and is amending its final results of the administrative
[[Page 72629]]
review of the antidumping duty order on PRCBs from Thailand covering
the period of review (POR) of August 1, 2009 through July 31, 2010,
with respect to the weighted-average dumping margins calculated for
Thai Plastic Bags Industries Company (TPBI) and Landblue (Thailand)
Co., Ltd. (Landblue).
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\1\ See Results of Redetermination Pursuant to Court Remand Thai
Plastic Bags Industries Co., Ltd., v. United States, Polyethylene
Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag
Corporation, Consol. Court No. 11-00408, dated July 10, 2013 (Remand
Results).
\2\ See Thai Plastic Bags Industries Co., Ltd., v. United
States, Consol. Court No. 11-00408, Slip Op. 13-139 (CIT November
13, 2013) (TPBI v. United States).
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DATES: Effective Date: November 25, 2013.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-3683.
SUPPLEMENTARY INFORMATION: The Department published the final results
of the 2009-2010 administrative review of the antidumping duty order on
PRCBs from Thailand on November 3, 2011.\3\ Both Thai Plastic Bags
Industries Co., Ltd. and Polyethylene Retail Carrier Bag Committee (and
its individual members, Hilex Poly Co., LLC and Superbag Corp.
(collectively, the petitioner)) timely filed complaints with the CIT to
challenge various aspects of the Final Results. On March 19, 2013, the
Court remanded for the Department to reconsider its positions with
regard to its calculation of the general and administrative expenses
for TPBI and its adjustment of the surrogate selling expenses used to
construct selling expenses for Landblue.\4\ On July 10, 2013, the
Department filed the Remand Results with the CIT, in which the
Department revised its calculations of TPBI's general and
administrative expenses and its adjustment of the surrogate selling
expenses used to construct selling expenses for Landblue. Accordingly,
the Department recalculated TPBI's weighted-average dumping margin from
35.71 percent to 35.79 percent and recalculated Landblue's weighted-
average margin from 25.73 percent to 25.60 percent. On November 13,
2013, the Court affirmed the Department's Remand Results.\5\
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\3\ See Polyethylene Retail Carrier Bags From Thailand: Final
Results of Antidumping Duty Administrative Review, 76 FR 59999
(September 28, 2011) (Final Results), as amended, 76 FR 68137
(November 3, 2011) (Amended Final Results).
\4\ See Thai Plastic Bags Industries Co., Ltd., v. United
States, Consol. Court No. 11-00408, Slip Op. 13-34 (CIT March 19,
2013).
\5\ See TPBI v. United States, Slip Op. 13-139 at 25.
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the Federal Circuit has held that, pursuant to section
516A(e) of the Tariff Act of 1930, as amended (Act), the Department
must publish a notice of a court decision not ``in harmony'' with a
Department determination, and must suspend liquidation of entries
pending a ``conclusive'' court decision. The Court's November 13, 2013,
judgment constitutes a final decision of the CIT that is not in harmony
with the Department's Final Results. This notice is published in
fulfillment of the publication requirement of Timken. Accordingly, the
Department will continue the suspension of liquidation of the subject
merchandise pending the expiration of the period of appeal, or if
appealed, pending a final and conclusive court decision.
Amended Final Results
Because there is now a final court decision with respect to this
case, the Department is amending its Final Results with respect to
TPBI's and Landblue's weighted-average dumping margins for this POR.
The revised weighted-average dumping margins are as follows:
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Weighted-
average
Manufacturer/exporter margin
(percent)
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Thai Plastic Bags Industries Company.................... 35.79
Landblue (Thailand) Co., Ltd............................ 25.60
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In the event that the CIT's ruling is not appealed, or if appealed,
upheld by the Federal Circuit, the Department will instruct United
State Customs and Border Protection (CBP) to liquidate entries of
subject merchandise by TPBI and Landblue in accordance with 19 CFR
351.212(b)(1).\6\ Since the Final Results, the Department has not
established a new cash deposit rate for Landblue. Therefore, consistent
with section 751(a)(1) of the Act, the Department will instruct CBP to
collect cash deposits for entries of subject merchandise by Landblue at
the amended rate.\7\ Because the order on PRCBs from Thailand was
revoked in part with respect to TPBI effective July 28, 2010,\8\ we
will not instruct CBP to collect cash deposits for entries of subject
merchandise by TPBI.
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\6\ See Final Results, 76 FR 60001 and Amended Final Results.
\7\ See Final Results, 74 FR 68138.
\8\ 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).
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This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: November 25, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-28950 Filed 12-2-13; 8:45 am]
BILLING CODE 3510-DS-P