[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83515-83517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28168]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-813]
Polyethylene Retail Carrier Bags From Malaysia: Preliminary
Results of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of polyethylene retail carrier bags (PRCBs) were not made at
less than normal value (NV) during the August 1, 2018 through July 31,
2019, period of review (POR). Interested parties are invited to comment
on these preliminary results.
DATES: Applicable December 22, 2020.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5449.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, Commerce published a notice initiating an
administrative review of the antidumping duty (AD) order on PRCBs from
Malaysia, covering one company: Euro SME.\1\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation
Notice).
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\2\ On June 9, 2020, we extended the deadline for
preliminary results of this review from June 22, 2020 until October 16,
2020.\3\ Subsequently, on July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.\4\ The deadline for
the preliminary results of this review is now December 15, 2020.
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\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\3\ See Memorandum, ``Polyethylene Retail Carrier Bags from
Malaysia: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated June 9, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Polyethylene
Retail Carrier Bags: 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by this order is PRCBs from Malaysia, which
also may be referred to as t-shirt sacks, merchandise bags, grocery
bags, or checkout bags. Imports of merchandise included within the
scope of this antidumping duty order are currently classifiable under
statistical category 3923.21.0085 of the Harmonized Tariff Schedule of
the United States (HTSUS). This subheading may also cover products that
are outside the scope of this antidumping duty order. Although the
HTSUS subheading is provided for convenience and customs purposes, the
written description of the scope of this antidumping duty order is
dispositive. For a full description of the scope of the order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Export price was calculated in accordance with section 772 of the Act.
Normal value was calculated in accordance with section 773 of the Act.
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 as an
Appendix to 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). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin for the period August 1, 2018
through July 31, 2019:
[[Page 83516]]
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd......... 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\6\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\7\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the time limit for filing case briefs.\8\ 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.\9\ Executive summaries
should be limited to five pages total, including footnotes. Case and
rebuttal briefs should be filed using ACCESS \10\ and must be served on
interested parties.\11\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\12\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\10\ See 19 CFR 351.303.
\11\ See 19 CFR 351.303(f).
\12\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, 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 parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs.\13\
If a request for a hearing is made, Commerce intends to hold the
hearing at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\13\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, not later than 120 days
after the date of publication of these preliminary results of review,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\14\ The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\15\
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\14\ See 19 CFR 351.212(b).
\15\ See section 751(a)(2)(C) of the Act.
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For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, we intend to calculate importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\16\ We intend to instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate calculated in the final results of
this review is not zero or de minimis. If a respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis,
we intend to instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\16\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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For entries of subject merchandise during the POR for which a
respondent did not know that its merchandise was destined for the
United States, we intend to instruct CBP to liquidate such entries at
the all-others rate if there is no rate for the intermediate company
(or companies) involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
listed above, will be the rate established in the final results of the
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously investigated companies not
participating in this review, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding in which the company participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original less-than-fair-value (LTFV) 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 subject merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 84.94
percent, the all-others rate established in the LTFV investigation.\17\
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\17\ See Antidumping Duty Order: Polyethylene Retail Carrier
Bags from Malaysia, 69 FR 48203 (August 9, 2004).
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double 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, and 19 CFR 351.213(h)(1).
[[Page 83517]]
Dated: December 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2020-28168 Filed 12-21-20; 8:45 am]
BILLING CODE 3510-DS-P