Notice2022-12708
Polyethylene Retail Carrier Bags From the People's Republic of China: Final Determination of No Shipments; 2020-2021
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
June 13, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging, Ltd. (collectively, Nozawa), had no shipments of polyethylene retail carrier bags (PRCB) from the People's Republic of China (China) to the United States during the period of review (POR), August 1, 2020, through July 31, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 113 (Monday, June 13, 2022)</title>
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[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Pages 35730-35732]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12708]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-886]
Polyethylene Retail Carrier Bags From the People's Republic of
China: Final Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging,
Ltd. (collectively, Nozawa), had no shipments of polyethylene retail
carrier bags (PRCB) from the People's Republic of China (China) to the
United States during the period of review (POR), August 1, 2020,
through July 31, 2021.
DATES: Applicable June 13, 2022.
FOR FURTHER INFORMATION CONTACT: Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4270.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2022, Commerce published the Preliminary Results of
the 2020-2021 administrative review of the antidumping duty order on
PRCBs from China.\1\ We invited parties to comment on the Preliminary
Results.\2\ No party
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submitted comments or requested that a hearing be held.
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\1\ See Polyethylene Retail Carrier Bags from the People's
Republic of China: Preliminary Determination of No Shipments and
Rescission of Review in Part; 2020-2021, 87 FR 23165 (April 19,
2022) (Preliminary Results).
\2\ Id.
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Commerce conducted this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>3</SUP>
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\3\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
from the People's Republic of China, 69 FR 48201 (August 9, 2004)
(Order).
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The products covered by the Order are PRCBs which may be referred
to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags.
The subject merchandise is defined as non-sealable sacks and bags with
handles (including drawstrings), without zippers or integral extruded
closures, with or without gussets, with or without printing, of
polyethylene film having a thickness no greater than 0.035 inch (0.889
mm) and no less than 0.00035 inch (0.00889 mm), and with no length or
width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6
cm). The depth of the bag may be shorter than 6 inches but not longer
than 40 inches (101.6 cm).
PRCBs are typically provided without any consumer packaging and
free of charge by retail establishments, e.g., grocery, drug,
convenience, department, specialty retail, discount stores, and
restaurants, to their customers to package and carry their purchased
products. The scope of the Order excludes (1) polyethylene bags that
are not printed with logos or store names and that are closeable with
drawstrings made of polyethylene film and (2) polyethylene bags that
are packed in consumer packaging with printing that refers to specific
end-uses other than packaging and carrying merchandise from retail
establishments, e.g., garbage bags, lawn bags, trash-can liners.
Imports of the subject merchandise are currently classifiable under
statistical category 3923.21.0090 of the Harmonized Tariff Schedule of
the United States (HTSUS). This subheading also covers products that
are outside the scope of this Order. Furthermore, although the HTSUS
subheading is provided for convenience and customs purposes, our
written description of the scope of this Order is dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Nozawa had no shipments of subject merchandise during the POR.\4\ We
received no comments from interested parties with respect to this
claim. Therefore, because we have not received any information to
contradict our preliminary no-shipments determination, nor any comment
in opposition to our preliminary finding, Commerce continues to find
that Nozawa had no shipments during the POR.
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\4\ Preliminary Results, 87 FR at 23166.
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\5\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, and we did not
self-initiate a review, the China-wide entity rate (i.e., 77.57
percent) \6\ is not subject to change as a result of this review.
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\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\6\ See Order, 69 FR at 48203.
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results within five days
of the public announcement, or if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b). However, Commerce did not calculate
a weighted-average dumping margin for Nozawa, the sole mandatory
respondent remaining in this review,\7\ nor for the China-wide entity.
Therefore, there are no calculations to disclose for these final
results.
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\7\ Commerce rescinded the review in part with respect to Crown
Polyethylene Products (International) Ltd., the only other mandatory
respondent subject to this review. See Preliminary Results, 87 FR at
23166.
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Assessment Rates
Because we have determined that Nozawa had no shipments of subject
merchandise in this review, Commerce will instruct U.S. Customs and
Border Protection (CBP) to liquidate any suspended entries that entered
under Nozawa's case number (i.e., at Nozawa's cash deposit rate) at the
China-wide entity rate (i.e., 77.57 percent).\8\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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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 PRCBs from China entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this administrative review in the Federal Register, as provided by
section 751(a)(2) of the Act: (1) for previously investigated or
reviewed Chinese and non-Chinese exporters that received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate; (2) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
China-wide entity (i.e., 77.57 percent); and (3) for all non-Chinese
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the Chinese
exporter(s) that supplied that non-Chinese exporter (or, if
unidentified, that of the China-wide entity). These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the
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regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: June 7, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-12708 Filed 6-10-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 13, 2022.
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