[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Notices]
[Pages 33505-33507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13644]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, 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.\1\ This review covers six
companies. The period of review (POR) is August 1, 2012, through July
31, 2013. We preliminarily find that subject merchandise has been sold
at less than normal value by the companies subject to this review.
Interested parties are invited to comment on these preliminary results.
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\1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
From Thailand, 69 FR 48204 (August 9, 2004) (Order).
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DATES: Effective Date: June 11, 2014.
FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, 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-
0768 and 202-482-1690, respectively.
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 Preliminary Decision Memorandum.\2\ The written
description is dispositive.
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\2\ See memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for Preliminary Results of the 2012/13
Antidumping Duty Administrative Review: Polyethylene Retail Carrier
Bags from Thailand'' (Preliminary Decision Memorandum), dated
concurrently with this notice.
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The Preliminary Decision Memorandum is a public document and 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Methodology
In accordance with sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act), we relied on facts available with an
adverse inference with respect to Beyond Packaging Co., Ltd. (Beyond
Packaging), the sole company selected for individual examination in
this review. Thus, we preliminarily assign a rate of 122.88 percent as
the weighted-average dumping margin for Beyond Packaging. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included in the Appendix attached to
this notice.
Rates for Respondents Not Selected for Individual Examination
The statute and the Department's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for examination when the Department limits its examination in
an administrative review pursuant to section 777A(c)(2) of the Act. In
administrative reviews, when the Department does not review all of the
respondents, the Department looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
investigation, for guidance in determining a rate for companies not
individually examined. Section 735(c)(5)(A) of the Act instructs
[[Page 33506]]
that we do not calculate an all-others rate using any zero or de
minimis weighted-average dumping margins or any weighted-average
dumping margins based entirely on facts available. 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 this
administrative review, the only rate preliminarily applied to an
individually examined respondent has been determined entirely 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 five non-examined respondents in this review is to apply the
all-others rate of 4.69 percent.\3\ This all-others rate is taken from
the Section 129 Determination for the original less-than-fair-value
investigation.\4\
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\3\ For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
\4\ 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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Preliminary Results of Review
As a result of our review, we preliminarily determine that the
following weighted-average dumping margins on PRCBs from Thailand exist
for the period August 1, 2011, through July 31, 2012 at the following
rates:
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Rate
Company (percent)
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Beyond Packaging Co., Ltd.................................. 122.88
Dpac Inter Corporation Co., Ltd............................ 4.69
Elite Poly and Packaging Co., Ltd.......................... 4.69
Poly World Co., Ltd........................................ 4.69
Triple B Pack Company Limited.............................. 4.69
Two Path Plaspack Co., Ltd................................. 4.69
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Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
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.\5\ 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.\6\ Interested parties who wish to comment on the
preliminary results must file briefs electronically using IA ACCESS. An
electronically-filed document must be received successfully in its
entirety in IA ACCESS, by 5 p.m. Eastern Time on the date the document
is due.
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\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.303 (for general filing requirements).
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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. An electronically filed
document must be received successfully in its entirety in 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 discussd. 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 CBP shall assess, antidumping duties on all appropriate entries
covered by this review. For the final results, if we continue to rely
on adverse facts available to establish Beyond Packaging'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 Beyond Packaging.
For the companies which were not selected for individual
examination we will instruct CBP to apply an ad valorem assessment rate
of 4.69 percent to all entries of subject merchandise produced and/or
exported by such firms.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of review. We also intend to
communicate with CBP regarding Beyond Packaging's declared address for
subject entries and provide evidence to CBP of our attempts to find an
accurate address.
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 will be the rates established in the final
results of this review; (2) for merchandise exported by manufacturers
or exporters not covered in this review but covered in a prior segment
of the proceeding, the cash deposit rate will continue to be the
company-specific rate 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 rate established
for the most recently completed segment of this proceeding 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.
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\7\ See Section 129 Determination.
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Notifications to Importers
This notice serves as a preliminary 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 doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 33507]]
Dated: June 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Discussion of the Methodology
1. Selection of Respondents
2. Request for Duty Absorption Determinations
3. Use of Facts Otherwise Available
a. Use of Facts Available
b. Application of Facts Available With an Adverse Inference
c. Selection and Corroboration of Information Used As Facts
Available
4. Rate for Non-Selected Companies
E. Recommendation
[FR Doc. 2014-13644 Filed 6-10-14; 8:45 am]
BILLING CODE 3510-DS-P