Notice2021-19004
Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
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
September 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that sales of polyethylene retail carrier bags (PRCBs) were not made at less than normal value during the period of review (POR) August 1, 2019, through July 31, 2020. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49309-49310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19004]
[[Page 49309]]
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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; 2019-2020
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 during the period of review (POR) August 1,
2019, through July 31, 2020. Interested parties are invited to comment
on these preliminary results of review.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT: Stephanie Berger, 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) 482-2483.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2020, Commerce published a notice initiating an
antidumping duty administrative review of PRCBs from Malaysia covering
Euro SME Sdn Bhd (Euro SME) for the POR.\1\ During the course of this
administrative review, Euro SME responded to Commerce's questionnaire
and supplemental questionnaires. For further details, see the
Preliminary Decision Memorandum.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Antidumping Duty Administrative Review:
Polyethylene Retail Carrier Bags from Malaysia,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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On March 31, 2021, Commerce extended the deadline for issuing the
preliminary results of this review.\3\ The current deadline is August
31, 2021.
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\3\ See Memorandum, ``Polyethylene Retail Carrier Bags from
Malaysia: Extension of Deadline for the Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020,'' dated March 31,
2021.
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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. 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 the topics discussed
in the Preliminary Decision Memorandum is attached as an appendix to
this notice. The Preliminary Decision Memorandum is a public document
and is available electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period August 1, 2019, through
July 31, 2020:
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Estimated
weighted-
Exporter/producer average dumping
margin
(percent)
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Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.\4\. 0.00
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Verification
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\4\ In the 2018-2019 review, Commerce collapsed Euro SME and
Euro Nature Green Sdn. Bhd. (Nature Green) and treated them as a
single entity. See Polyethylene Retail Carrier Bags from Malaysia:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 83515 (December 22, 2020) and accompanying Preliminary
Decision Memorandum at 3-5, unchanged in Polyethylene Retail Carrier
Bags from Malaysia: Final Results of Antidumping Administrative
Review; 2018-19, 86 FR 22019 (April 26, 2021). Our treatment of Euro
SME and Nature Green remains unchanged in this instant review.
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On December 31, 2020, the Polyethylene Retail Carrier Bag Committee
and its individual members, Hilex Poly Co., LLC and Superbag Corp.
(petitioners) requested, pursuant to 19 CFR 351.307(b)(1)(v) that
Commerce conduct verification of the questionnaire responses of Euro
SME.\5\ Commerce is currently unable to conduct on-site verification of
the information relied upon in making its final results of this
administrative review. Accordingly, we intend to take additional steps
in lieu of on-site verification to verify the information. Commerce
will notify interested parties of any additional documentation or
information required.
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\5\ See Petitioners' Letter, ``Polyethylene Retail Carrier Bags
from Malaysia: Request for Verification,'' dated December 31, 2020.
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Disclosure and Public Comment
Commerce intends to disclose the calculations used in its analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). Case
briefs may be submitted to the Assistant Secretary for Enforcement and
Compliance.\6\ Interested parties will be notified of the timeline for
the submission of such case briefs and written comments at a later
date. Rebuttal briefs, limited to issues raised in the case briefs, may
be filed no later than seven days after the date for filing case
briefs.\7\ Parties who submit case briefs or rebuttal briefs in this
proceeding are requested to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\8\ Case and rebuttal briefs should be filed using ACCESS
\9\ and must be served on interested parties.\10\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\11\
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\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(d); 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).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
\10\ See 19 CFR 351.303(f).
\11\ 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. 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
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limited to those raised in the respective case and rebuttal briefs.\12\
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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\12\ See 19 CFR 351.310(c).
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We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\13\
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\13\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), upon issuance of the final results, Commerce intends to
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
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.\14\
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\14\ See section 751(a)(2)(C) of the Act.
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For any individually examined respondent whose weighted-average
dumping margin is not de minimis (i.e., less than 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). Where we do not have entered values for all U.S. sales
to a particular importer, we intend to calculate an importer-specific,
ad valorem assessment rate on the basis of the ratio of the total
amount of dumping calculated for the importer's examined sales to the
total quantity of those sales.\15\ We intend to instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific ad valorem 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 de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero,
we intend to instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\15\ 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 35 days after
the date of publication of the final results of this administrative
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash 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 (if the rate is zero or de minimis, no cash deposit will be
required); (2) for previously reviewed or investigated companies not
covered by 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 was investigated or reviews;
(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 and/or exporters will continue to be 84.94
percent, the all-others rate established in the LTFV investigation.\16\
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\16\ 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)(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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: August 27, 2021.
Christian Marsh,
Acting 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. Currency Conversion
VI. Recommendation
[FR Doc. 2021-19004 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 2, 2021.
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