[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Pages 31302-31303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12701]
[[Page 31302]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-843]
Polyethylene Retail Carrier Bags From Taiwan: Affirmative
Preliminary Determination of Circumvention of the Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that imports of unfinished polyethylene retail carrier bags
(PRCBs) from Taiwan are circumventing the antidumping duty order on
PRCBs from Taiwan.\1\ As a result, imports of PRCBs from Taiwan will be
subject to suspension of liquidation effective July 31, 2013.
Interested parties are invited to comment on this preliminary
determination.
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\1\ See Antidumping Duty Orders: Polyethylene Retail Carrier
Bags from Indonesia, Taiwan, and the Socialist Republic of Vietnam,
75 FR 23667 (May 4, 2010) (the Order).
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DATES: Effective Date: June 2, 2014.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3477, and (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the Order is PRCBs. PRCBs subject to the
order are currently classifiable in the Harmonized Tariff Schedule of
the United States (HTSUS) at subheading 3923.21.0085. The HTSUS
subheading is provided for convenience and customs purposes.\2\ The
written description is dispositive.
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\2\ 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 Enforcement and Compliance, ``Preliminary
Decision Memorandum for the Circumvention Inquiry of the Antidumping
Duty Order on Polyethylene Retail Carrier Bags from Taiwan'' dated
concurrently with this notice (Preliminary Decision Memorandum),
which is hereby adopted by this notice.
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The Preliminary Decision Memorandum is a public document and can be
accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. In addition, the Preliminary Decision Memorandum is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov, and it is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building.
The signed Preliminary Decision Memorandum and the electronic versions
of the Preliminary Decision Memorandum are identical in content.
Scope of the Circumvention Inquiry
This circumvention inquiry covers merchandise from Taiwan that
appears ready to undergo the final processing of cutting the unfinished
PRCBS to length, sealing the bottoms, and die-cutting the unfinished
PRCBs to create the handles of the finished PRCBs. The unfinished PRCBs
subject to this inquiry may or may not have printing and may be of
different dimensions as long as they otherwise meet the description of
the scope of the order.
Methodology
The Department made this preliminary finding of circumvention in
accordance with section 781(a) of the Tariff Act of 1930, as amended
(Act) and 19 CFR 351.225(g). We relied on information placed on the
record by Hilex Poly Co., LLC and Superbag Corp. (the petitioners) and
the importer of record, SmileMakers Inc. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
Preliminary Determination
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine, pursuant to section 781(a) of the Act, that
imports of unfinished PRCBs from Taiwan are circumventing the Order. A
list of the topics discussed in the Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), we are directing U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of merchandise subject to this inquiry that is entered, or withdrawn
from warehouse, for consumption on or after July 31, 2013, the date of
publication of the initiation of this inquiry.\3\ We will also instruct
CBP to require a cash deposit of estimated duties at the applicable
rates for each unliquidated entry of the product entered, or withdrawn
from warehouse, for consumption on or after July 31, 2013, in
accordance with 19 CFR 351.225(l)(2).
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\3\ See Polyethylene Retail Carrier Bags From Taiwan: Initiation
of Anti-circumvention Inquiry on Antidumping Duty Order, 78 FR 46319
(July 31, 2013).
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Public Comment
Pursuant to 19 CFR 351.309(c) and (d), interested parties may
submit case and rebuttal briefs. Case briefs will be due not later than
30 days after the date of publication of this notice. Pursuant to 19
CFR 351.309(d), 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. All such case and rebuttal briefs must be 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 on the date on which
it is due.
Additionally, 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 Enforcement and
Compliance, filed electronically via IA ACCESS 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.
As discussed in the memorandum entitled, ``Polyethylene Retail
Carrier Bags from Taiwan: Extension of Deadline for Final Determination
of Anticircumvention Inquiry,'' dated May 16, 2014, the current
deadline for the final determination for this inquiry is June 6, 2014.
We intend to extend this deadline for the final determination of
circumvention by 150 days to November 3, 2014.
Notification to the International Trade Commission
Pursuant to section 781(e) of the Act, we will notify the
International Trade Commission of the proposed inclusion of unfinished
PRCBs in the Order.
Notification to Interested Parties
This preliminary determination of circumvention is in accordance
with section 781(a) of the Act and 19 CFR 351.225.
[[Page 31303]]
Dated: May 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Merchandise Completed or Assembled in the United States and
Subject to This Anti-Circumvention Inquiry
5. Statutory and Regulatory Framework
6. Allegations of Circumvention as Identified in the Initiation of
Inquiry
7. Analysis
A. The Merchandise Sold in the United States Is of the Same
Class or Kind as Merchandise Subject to the Order
B. The Merchandise Sold in the United States Is Completed from
Parts or Components Produced in Taiwan, the Foreign Country
C. The Process of Assembly or Completion in the United States is
Minor or Insignificant
D. The Value of the Parts or Components Produced in the Foreign
Country Is a Significant Portion of the Total Value of the
Merchandise
E. Additional Factors to Consider
i. Pattern of Trade, Including Sourcing Patterns
ii. Affiliation
iii. Subsequent Import Volume
8. Recommendation
[FR Doc. 2014-12701 Filed 5-30-14; 8:45 am]
BILLING CODE 3510-DS-P