Notice2021-16961
Polyethylene Retail Carrier Bags From the Socialist Republic of Vietnam: Final Results of Expedited Second Sunset Review of the Countervailing Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 10, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on polyethylene retail carrier bags (PRCBs) from the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021)</title>
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[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43626-43627]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16961]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-805]
Polyethylene Retail Carrier Bags From the Socialist Republic of
Vietnam: Final Results of Expedited Second Sunset Review of the
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(Commerce) finds that revocation of the countervailing duty (CVD) order
on polyethylene retail carrier bags (PRCBs) from the Socialist Republic
of Vietnam (Vietnam) would be likely to lead to continuation or
recurrence of countervailable subsidies at the levels indicated in the
``Final Results of Review'' section of this notice.
DATES: Applicable August 10, 2021.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 2010, Commerce published its CVD order on PRCBs from
Vietnam in the Federal Register.\1\ On March 31, 2021, Commerce
published the notice of initiation of the second sunset review of the
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the Act).\2\ Commerce received a notice of intent to participate from
the Polyethylene Retail Carrier Bag Committee (the Committee), an ad
hoc association of U.S. producers of PRCBs, within the deadline
specified in 19 CFR 351.218(d)(1)(i).\3\ The Committee
[[Page 43627]]
claimed interested party status under section 771(9)(E) of the Act, as
a trade or business association a majority of whose members
manufacture, produce, or wholesale a domestic like product in the
United States and stated that each member of the Committee is a
manufacturer of the domestic like product and thus, is a domestic
interested party pursuant to section 771(9)(C) of the Act.\4\
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\1\ See Polyethylene Retail Carrier Bags from the Socialist
Republic of Vietnam: Countervailing Duty Order, 75 FR 23670 (May 4,
2010) (Order).
\2\ See Initiation of Five-Year (Sunset) Review, 86 FR 16701
(March 31, 2021).
\3\ See Committee's Letter, ``Five-Year (`Sunset') Review the
Countervailing Duty Order On Polyethylene Retail Carrier Bags from
Vietnam: Domestic Industry Notice Of Intent To Participate In Sunset
Review,'' dated April 9, 2021.
\4\ Id. The individual members of the Committee are Hilex Poly
Co., LLC and Superbag LLC.
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Commerce received a substantive response from the Committee \5\
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We
received no substantive responses from the Government of Vietnam or any
other domestic or interested parties in this proceeding, nor was a
hearing requested.
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\5\ See Committee's Letter, ``Five-Year (Sunset) Review of the
Countervailing Duty Order On Polyethylene Retail Carrier Bags from
Vietnam: Domestic Industry Substantive Response,'' dated April 28,
2021.
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On May 21, 2021, Commerce notified the U.S. International Trade
Commission that it did not receive an adequate substantive response
from respondent interested parties.\6\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day) sunset review of the Order.
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\6\ See Commerce's Letter, ``Sunset Reviews for April 2021,''
dated May 21, 2021.
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Scope of the Order
The scope of this Order covers PRCBs. Imports of merchandise
included within the scope of this Order are currently classifiable
under statistical category 3923.21.0085 of the Harmonized Tariff
Schedule of the United States. For a complete description of the scope
of the Order, see the accompanying Issues and Decision Memorandum.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Second Sunset Review of the Countervailing Duty Order on
Polyethylene Retail Carrier Bags from the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum. A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via the Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine
that revocation of the CVD order on PRCBs from Vietnam would be likely
to lead to continuation or recurrence of countervailable subsidies at
the following rates:
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Net
countervailable
Producer/exporter subsidy
(percent)
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Advance Polybag Co., Ltd............................... 52.56
Fotai Vietnam Enterprise Corp. and Fotai Enterprise 5.28
Corporation...........................................
All Others............................................. 5.28
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Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely 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 terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act,
and 19 CFR 351.218.
Dated: July 23, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely To Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2021-16961 Filed 8-9-21; 8:45 am]
BILLING CODE 3510-DS-P
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