Notice2023-19428
Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Euro SME Sdn Bhd (Euro SME) made sales of polyethylene retail carrier bags (PRCBs) from Malaysia at less than normal value (NV) during the period of review (POR), August 1, 2021, through July 31, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62064-62066]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19428]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Euro SME Sdn Bhd (Euro SME) made sales of polyethylene retail
carrier bags (PRCBs) from Malaysia at less than normal value (NV)
during the period of review (POR), August 1, 2021, through July 31,
2022. We invite interested parties to comment on these preliminary
results.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT: Katherine Sliney, 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) 482-2437.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2004, Commerce published in the Federal Register the
antidumping duty (AD) order on polyethylene retail carrier bags from
Malaysia.\1\ On August 2, 2022, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ On October 11, 2022, based on timely requests for review
and in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order.\3\ Pursuant to section 751(a)(3)(A)
of the Act, Commerce extended the deadline for the preliminary results
until August 31, 2021.\4\
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\1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
from Malaysia, 69 FR 48203 (August 9, 2004) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\4\ 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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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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 <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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 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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Scope of the Order
The merchandise covered by this Order is polyethylene retail
carrier bags 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 review in accordance with section
751(a) of the Act. Export price and constructed export price were
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period August 1, 2021, through
July 31, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.\6\...... 2.12
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Disclosure and Public Comment
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\6\ In the 2018-2019 review, Commerce treated Euro SME and Euro
Nature Green Sdn. Bhd. (Nature Green) 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 review.
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We intend to disclose the calculations used for these preliminary
results to interested parties within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Commerce will announce the briefing schedule to interested parties at a
later date. Interested parties may submit case briefs on the deadline
that Commerce will announce. 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\ Executive summaries should
be limited to five pages total, including footnotes. Case and rebuttal
briefs should be filed using ACCESS \9\ and must be served on
interested parties.\10\
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\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, generally, 19 CFR 351.303.
\10\ See 19 CFR 351.303(f).
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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, 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;
(3) whether any participant is a foreign national; and (4) 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. If
a request for a hearing is made, Commerce will announce the date and
time of the hearing. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\11\ An electronically filed document
must be received successfully in its entirety in ACCESS by 5 p.m.
Eastern Time on the due date.
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\11\ See Temporary Rule.
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We intend to issue the final results of this administrative review,
which will include the results of our analysis of the issues raised in
the case and rebuttal briefs, within 120 days of publication of this
notice, unless extended, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
If the weighted-average dumping margin for Euro SME (i.e., the sole
individually-examined respondent in this review) is not zero or de
minimis (i.e., greater than or equal to 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
antidumping duty assessment rates on the basis of the ratio of the
total amount of dumping calculated for the examined sales made during
the POR to each importer and the total entered value of those same
sales, in accordance with 19 CFR 351.212(b)(1). If Euro SME has not
reported entered values, we will calculate a per-unit assessment rate
for each importer by dividing the total amount of dumping calculated
for the examined sales made to that importer by the total quantity
associated with those sales. To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. Where either Euro SME's
weighted average dumping margin is zero or de minimis, or an importer-
specific ad valorem assessment rate is zero or de minimis, we intend to
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\12\
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\12\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by Euro
SME for which the producer did not know its merchandise was destined
for the United States, we will instruct CBP to liquidate those entries
at the all-others rate (i.e., 84.94 percent) \13\ if there is no rate
for the intermediate company (or companies) involved in the
transaction.
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\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend 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 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 Euro SME will be
equal to the weighted-average dumping margin established in the final
results of this administrative review, except if the rate is less than
0.50 percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously reviewed or investigated companies not listed above, 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 producer is, the cash deposit rate
will be the rate established for the most recently completed segment of
this proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers and/or exporters will continue to
be 84.94 percent, the all-others rate established in the LTFV
investigation of this proceeding.\14\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\14\ See Order, 69 FR at 48204.
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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
[[Page 62066]]
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 the preliminary results of this
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.213(h) and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
Lisa W. Wang,
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. 2023-19428 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 8, 2023.
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