[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Pages 51953-51954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20862]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 11, 2014, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order polyethylene retail carrier bags (PRCBs) from
Thailand.\1\ For these final results, we continue to find that subject
merchandise has been sold at less than normal value by the companies
subject to this review.
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\1\ See Polyethylene Retail Carrier Bags From Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013, 79 FR 33505 (June 11, 2014) (Preliminary Results).
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DATES: Effective September 2, 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:
Background
On June 11, 2014, the Department published the Preliminary Results.
The period of review (POR) is August 1, 2012, through July 31, 2013.
We invited interested parties to comment on the Preliminary
Results. We received no comments on our Preliminary Results. The final
weighted-average dumping margins for the companies subject to this
administrative review are listed below in the ``Final Results of
Review'' section of this notice.
The Department conducted this administrative review in accordance
with section 751 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.
Final Results of Review
Because no party commented on our Preliminary Results, we made no
changes to these final results. 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, 2012, through July 31, 2013:
------------------------------------------------------------------------
Weighted-
average
Company dumping
margin
(percent)
------------------------------------------------------------------------
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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Assessment Rates
In accordance section 751(a)(2)(C) of the Act, we will instruct
U.S. Customs and Border Protection (CBP) to assess antidumping duties
on all appropriate entries covered by this review at the rates listed
above.
For these final results we continue to rely on adverse facts
available to establish Beyond Packaging's weighted-average dumping
margin, and 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.
We intend to issue liquidation instructions to CBP 15 days after
publication of these final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of these 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 equal to the weighted-average dumping
margins established in these 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
[[Page 51954]]
nor the manufacturer has its own rate, the cash deposit rate will be
4.69 percent.\2\ These deposit requirements, when imposed, shall remain
in effect until further notice.
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\2\ 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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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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an APO is a sanctionable
violation.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: August 26, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-20862 Filed 8-29-14; 8:45 am]
BILLING CODE 3510-DS-P