[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4537-4538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01588]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-916]
Laminated Woven Sacks From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from the Laminated Woven Sacks
Committee (``Petitioner''), the Department of Commerce (``the
Department'') initiated an administrative review of the antidumping
duty Order on laminated woven sacks from the People's Republic of China
(``PRC'').\1\ The administrative review covers nine \2\ companies for
the period of review (``POR'') August 1, 2013, through July 31, 2014.
We invite interested parties to comment on these preliminary results.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation, in Part, 79 FR
58729 (September 30, 2014) (``Initiation Notice''); see also Notice
of Antidumping Duty Order: Laminated Woven Sacks From the People's
Republic of China, 73 FR 45941 (August 7, 2008) (``Order'').
\2\ The nine companies are: Changle Baodu Plastic Co., Ltd.,
Shangdong Qikai Plastics Product Co., Ltd., Wenzhou Hotsun Plastics
Co., Ltd., Zibo Aifudi Plastic Packaging Co., Ltd., Zibo Linzi
Luitong Plastic Fabric Co., Ltd., Zibo Linzi Shuaiqiang Plastics
Co., Ltd., Zibo Linzi Qitianli Plastic Fabric Co., Ltd., Zibo Linzi
Worun Packing Product Co., Ltd., and Zibo Qigao Plastic Cement Co.,
Ltd.
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DATES: Effective Date: January 28, 2015.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.
SUPPLEMENTARY INFORMATION: On September 30, 2014, the Department
initiated an administrative review of the Order on laminated woven
sacks from the PRC covering nine PRC firms for the POR.\3\
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\3\ See Initiation Notice, 79 FR at 58729.
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Scope of the Order
The merchandise covered by the Order \4\ is laminated woven
sacks.\5\ Laminated woven sacks are bags or sacks consisting of one or
more plies of fabric consisting of woven polypropylene strip and/or
woven polyethylene strip, regardless of the width of the strip; with or
without an extrusion coating of polypropylene and/or polyethylene on
one or both sides of the fabric; laminated by any method either to an
exterior ply of plastic film such as biaxially-oriented polypropylene
(``BOPP'') or to an exterior ply of paper that is suitable for high
quality print graphics. Effective July 1, 2007, laminated woven sacks
are classifiable under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings 6305.33.0050 and 6305.33.0080. Laminated woven
sacks were previously classifiable under HTSUS subheading
6305.33.0020.\6\ The HTSUS subheadings are provided for convenience and
customs purposes only; the written product description of the scope of
the order is dispositive.
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\4\ See Order, 73 FR at 45941.
\5\ For a complete description of the Scope of the Order, see
``Decision Memorandum for the Preliminary Results of the 2013-2014
Administrative Review: Laminated Woven Sacks from the People's
Republic of China,'' from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
(``Preliminary Decision Memorandum''), dated concurrently with these
preliminary results.
\6\ Additional HTSUS considerations apply. See Preliminary
Decision Memorandum. Moreover, at the request of U.S. Customs and
Border Protection (``CBP''), the Department added the USHTS
subheading 6305.33.0040 to the ACE CRF for the antidumping duty
order. See ``Memorandum to the File, from Irene Gorelik, Analyst,
re: Addition of U.S. Harmonized Tariff Schedule (``USHTS'') Numbers
to the Automated Commercial Enterprise (``ACE'') Case Reference File
(``CRF''),'' dated September 24, 2014.
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Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum, which is hereby adopted by this
notice. 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 (ACCESS).\7\
ACCESS is available to registered users at http://access.trade.gov and
in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, parties can obtain a complete version
of the Preliminary Decision Memorandum on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\7\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Background
The Initiation Notice states that ``{i{time} f a producer or
exporter named in this notice of initiation had no exports, sales, or
entries during the period of review . . . it must notify the Department
within 60 days of publication of this notice in the Federal Register.''
\8\ None of the nine companies initiated for review filed ``no
shipment'' certifications. The Initiation Notice also notifies the
firms initiated for review that they ``must complete, as appropriate,
either a separate rate application or certification'' if they want to
qualify for a separate rate in this administrative review.\9\ None of
the nine companies initiated for review filed separate rate
certifications or applications.
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\8\ See Initiation Notice, 79 FR at 58729.
\9\ Id., at 58730.
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Preliminary Results of Review
Because none of the nine companies initiated for review provided
the Department with either a ``no shipment'' certification or separate
rate eligibility documentation, we preliminarily find these nine
companies to be part of the PRC-wide entity.\10\ The rate previously
[[Page 4538]]
established for the PRC-wide entity in this proceeding is 47.64
percent.\11\
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\10\ See Preliminary Decision Memorandum. Pursuant to the
Department's change in practice, the Department no longer considers
the non-market economy entity as an exporter conditionally subject
to administrative reviews. See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013). Under this practice, the non-market
economy entity will not be under review unless a party specifically
requests, or the Department self-initiates, a review of the entity.
Because no party requested a review of the entity, the entity is not
under review and the entity's rate is not subject to change.
\11\ See Implementation of Determinations Under Section 129 of
the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road
Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven
Sacks; and Light-Walled Rectangular Pipe and Tube From the People's
Republic of China, 77 FR 52683, 52688 (August 30, 2012).
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Public Comment
Interested parties are invited to comment on these preliminary
results and submit written arguments or case briefs within 30 days
after the date of publication of this notice, unless otherwise notified
by the Department (see 19 CFR 351.309(c)(ii)). Parties are reminded
that they should not submit new factual information in written
arguments or case briefs. Rebuttal briefs, limited to issues raised in
the case briefs, will be due five days later (see 19 CFR 351.309(d)).
Parties who submit case or rebuttal briefs are requested to submit with
each argument: (1) A statement of the issue; and (2) a brief summary of
the argument. Parties are also requested to provide a summary of the
arguments not to exceed five pages and a table of statutes,
regulations, and cases cited (see 19 CFR 351.309).\12\
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\12\ See also 19 CFR 351.303 for filing requirements.
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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, U.S. Department of Commerce,
filed electronically using ACCESS (see 19 CFR 351.310(c)). An
electronically filed document must be received successfully in its
entirety by the Department's electronic records system, ACCESS, by 5:00
p.m. Eastern Standard Time, within 30 days after the date of
publication of this notice. Requests should contain the party's name,
address, and telephone number, the number of participants, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department will inform parties of the scheduled date for the hearing
which will be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined. Parties should confirm by telephone the date, time,
and location of the hearing.
The Department intends to issue the final results of this
administrative review, including the results of our analysis of issues
raised in the written comments, within 120 days of publication of these
preliminary results in the Federal Register (see section 751(a)(3)(A)
and the Act and 19 CFR 351.213(h)(1)).
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review (see 19 CFR 351.212(b)(1)). The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of review. For the final results,
if we continue to treat the nine companies upon which the review was
initiated as part of the PRC-wide entity, we will instruct CBP to apply
an ad valorem assessment rate of 47.64 percent to all entries of
subject merchandise during the POR which were produced and/or exported
by those companies.
The Department announced a refinement to its assessment practice in
non-market economy (``NME'') cases.\13\ Pursuant to this refinement in
practice, for entries that were not reported by companies examined
during this review, the Department will instruct CBP to liquidate such
entries at the NME-wide rate. In addition, if the Department determines
that an exporter under review had no shipments of the subject
merchandise, any suspended entries that entered under that exporter's
case number (i.e., at that exporter's rate) will be liquidated at the
NME-wide rate.\14\
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\13\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011) (``NME Assessment 2011'').
\14\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed PRC and non-PRC exporters that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific rate; (2) for
all PRC exporters of subject merchandise that have not been found to be
entitled to a separate rate (including those companies identified above
upon which this review was initiated), the cash deposit rate will be
that for the PRC-wide entity; and (3) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to the 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 is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: January 22, 2015.
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. Discussion of Methodology
5. Recommendation
[FR Doc. 2015-01588 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P