Notice2022-04886
Polyethylene Retail Carrier Bags From Malaysia: Final Results of the 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
March 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Euro SME Sdn. Bhd. made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2019, through July 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 45 (Tuesday, March 8, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12933-12935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04886]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[[A-557-813]
Polyethylene Retail Carrier Bags From Malaysia: Final Results of
the Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 12934]]
SUMMARY: The Department of Commerce (Commerce) determines that Euro SME
Sdn. Bhd. made sales of subject merchandise at less than normal value
(NV) during the period of review (POR) August 1, 2019, through July 31,
2020.
DATES: Applicable March 8, 2022.
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) 482-24783.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2021, Commerce published the Preliminary Results
for this administrative review.\1\ We invited interested parties to
comment on the Preliminary Results. This review covers one producer/
exporter of the subject merchandise: Euro SME Sdn. Bhd. and Euro Nature
Green Sdn. Bhd. (Nature Green) (collectively, Euro SME).\2\ On December
7, 2021, we extended the deadline for the final results of this review
to March 1, 2022.\3\ We received a case brief from the petitioners \4\
and a rebuttal brief from Euro SME.\5\ A complete summary of the events
that occurred since publication of the Preliminary Results is found in
the Issues and Decision Memorandum.\6\ Commerce conducted this review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\1\ See Polyethylene Retail Carrier Bags from Malaysia:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 49309 (September 2, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ In the 2018-2019 administrative review of the antidumping
duty order, Commerce collapsed Euro SME Sdn. Bhd. and 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 Duty Administrative Review; 2018-2019, 86 FR 22019
(April 26, 2021). Our treatment of Euro SME Sdn. Bhd. and Nature
Green remains unchanged in the instant review.
\3\ See Memorandum, ``Polyethylene Retail Carrier Bags from
Malaysia: Extension of Time Limit for the Final Results of
Antidumping Duty Administrative Review, 2019-2020,'' dated December
7, 2021.
\4\ The petitioners are the Polyethylene Retail Carrier Bag
Committee and its individual members, Hilex Poly Co., LLC and
Superbag Corporation (collectively, petitioners). See Petitioners'
Letter, ``Polyethylene Retail Carrier Bags from Malaysia:
Petitioners' Case Brief,'' dated December 14, 2021.
\5\ See Euro SME's Letter, ``Polyethylene Retail Carrier Bags
from Malaysia; Resubmission of Rebuttal Brief,'' dated January 7,
2022.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Antidumping Duty Administrative
Review: Polyethylene Retail Carrier Bags from Malaysia,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is polyethylene retail
carrier bags (PRCBs) from Malaysia, which 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 Issues and Decision Memorandum.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon for the final results of this review. However,
we took additional steps in lieu of an on-site verification to verify
this information, in accordance with section 782(i) of the Act.\7\
---------------------------------------------------------------------------
\7\ See Commerce's Letter, In Lieu of Verification Questions,
dated October 21, 2021; see also Euro SME's Letter, ``Polyethylene
Retail Carrier Bags from Malaysia; Response to Request for
Information,'' dated October 28, 2021.
---------------------------------------------------------------------------
Analysis of the Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum.\8\ A list of the issues discussed
in the Issues and Decisions Memorandum is attached in an appendix to
this notice. The Issues and Decision Memorandum is a public document
and is available electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic 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 Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties, a review of the record, and for the reasons explained in the
Issues and Decision Memorandum, we made changes to Euro SME's
preliminary margin calculations. For a detailed discussion of these
changes, see the Issues and Decision Memorandum.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margin
exists for the respondent for the period July 1, 2019, through June 30,
2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.......... 6.47
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. In accordance with 19 CFR 351.212(b)(1), Commerce
calculated an importer-specific ad valorem antidumping assessment rate
for Euro SME that is not zero or de minimis and intends to instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Euro SME for which it
did not know that the merchandise was destined for the United States,
we intend to instruct CBP to liquidate such unreviewed entries at the
all-others rate if there is no company-specific rate for the
intermediate company(ies) involved in the transaction.\9\
---------------------------------------------------------------------------
\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
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 subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the
[[Page 12935]]
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 Euro SME will be equal to the weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior completed segment of the proceeding, 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 producer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original
investigation, but the producer has been covered in a prior complete
segment of this proceeding, then the cash deposit rate will be the rate
established for the most recent period for the producer of the
merchandise; (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 less-than-fair-value investigation.\10\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\10\ See Antidumping Duty Order: Polyethylene Retail Carrier
Bags from Malaysia, 69 FR 48203 (August 9, 2004).
---------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these final
results within five days of the date of publication of this notice in
the Federal Register, in accordance with 19 CFR 351.224(b).
Notification to Importers
This notice serves as a final 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 Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: March 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Partial Application of Adverse Facts Available to
Euro SME's Actual Weights
Comment 2: Partial Application of Adverse Facts Available to
Euro SME's Inland Freight
Comment 3: Commerce's Treatment of Euro SME's Freight Revenue
VI. Recommendation
[FR Doc. 2022-04886 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 8, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.