[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Pages 42789-42790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17732]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Notice of
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that TPBI Public Company Limited (TPBI) is the successor-in-
interest to Thai Plastic Bags Industries Company Limited (Thai Plastic
Bags) for purposes of the antidumping duty order on polyethylene retail
carrier bags (PRCBs) from Thailand and, as such, will be entitled to
Thai Plastic Bags's exclusion from the antidumping duty order. We
invite interested parties to comment on these preliminary results.
DATES: Effective: July 20, 2015.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 2004, the Department published the Order on PRCBs from
Thailand.\1\ On August 12, 2010, the Department revoked the Order on
PRCBs from Thailand with respect to PRCBs manufactured and exported by
Thai Plastic Bags as the result of a section 129 proceeding.\2\
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\1\ See Notice of Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags from Thailand, 69 FR 34122
(June 18, 2004) (Order).
\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).
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On June 4, 2015, TPBI requested that the Department initiate an
expedited changed circumstances review to confirm that TPBI is the
successor-in-interest to Thai Plastic Bags for purposes of determining
antidumping duty liabilities.\3\ The petitioner supports TPBI's request
for this changed circumstances review.\4\ We received no comments
opposing TPBI's request.
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\3\ See Letter from TPBI to the Department, ``Polyethylene
Retail Carrier Bags (PRCBs) from Thailand: Request for Expedited
Changed Circumstances Review'' (June 4, 2015) (CCR Request).
\4\ Id., at Exhibit 9.
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Scope of the Order
The merchandise subject to the order includes PRCBs from the
Thailand. PRCBs are currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) subheading 3923.21.0085. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written product description is dispositive.\5\
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\5\ For a complete description of the Scope of the Order, see
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, entitled
``Antidumping Duty Order on Polyethylene Retail Carrier Bags from
Thailand: Decision Memorandum for the Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review Requested
by TPBI Public Company Limited '' dated concurrently with this
notice and hereby adopted by this notice (Preliminary Decision
Memorandum).
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Methodology
In making a successor-in-interest determination, the Department
typically examines several factors including, but not limited to,
changes in: (1) Management; (2) production facilities; (3) supplier
relationships; and (4) customer base.\6\ While no single factor or
combination of factors will necessarily be dispositive, the Department
generally will consider the new company to be the successor to the
predecessor if the resulting operations of the successor are
essentially the same as those of its predecessor.\7\ Thus, if the
[[Page 42790]]
record demonstrates that, with respect to the production and sale of
the subject merchandise, the new company operates as the same business
entity as the predecessor company, the Department may assign the new
company the cash deposit rate of its predecessor.\8\ For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is included as Appendix I of this
notice.
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\6\ See, e.g., Certain Activated Carbon From the People's
Republic of China: Notice of Initiation of Changed Circumstances
Review, 74 FR 19934, 19935 (April 30, 2009).
\7\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327 (January 4, 2006).
\8\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway;
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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Initiation and Preliminary Results of the Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the
Department will conduct a changed circumstances review (CCR) upon
receipt of a request from an interested party or receipt of information
concerning an antidumping duty order which shows changed circumstances
sufficient to warrant a review of the order. Section 351.221(c)(3)(ii)
of the Department's regulations permits the Department to combine the
initiation and preliminary results of a CCR if the Department concludes
that expedited action is warranted. In this instance, we have
information on the record necessary to reach the preliminary results of
CCR. As such, we find that expedited action is warranted. Accordingly,
we have combined the preliminary results with the initiation.
We preliminarily determine that TPBI is the successor-in-interest
to Thai Plastic Bags for the purposes of administering the Order and
its revocation with respect to Thai Plastic Bags. The Preliminary
Decision Memorandum provides a full description of the analysis
underlying our conclusions.
Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\9\ 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.\10\ 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.\11\ 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, U.S. Department
of Commerce. All documents must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\12\ An electronically-
filed request must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time, within 30 days after the date of publication
of this notice.\13\ 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.
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ ACCESS is available to registered users at http://access.trade.gov.
\13\ See 19 CFR 351.310(c).
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In accordance with 19 CFR 351.216(e), the Department intends to
issue the final results of this changed circumstance review not later
than 270 days after the date on which the review is initiated, or
within 45 days if all parties agree to our preliminary finding.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(b) and 777(i)(1) of the Act, and 19 CFR 351.216 and
351.221(c)(3)(ii).
Dated: July 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Analysis
A. Analytical Framework
B. Relevant Facts
1. Management
2. Production Facilities
3. Customer Base
4. Suppliers
C. Analysis
1. Time Period
2. Successorship Analysis
a. Management
b. Production Facilities
c. Customer Base
d. Suppliers
V. Recommendation
[FR Doc. 2015-17732 Filed 7-17-15; 8:45 am]
BILLING CODE 3510-DS-P