Notice2024-03142
Polyethylene Retail Carrier Bags From Malaysia: Final Results of the 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
February 15, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that polyethylene retail carrier bags from Malaysia were sold in the United States at less than normal value during the period of review (POR), August 1, 2021, through July 31, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11813-11814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03142]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-813]
Polyethylene Retail Carrier Bags From Malaysia: Final Results of
the Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
polyethylene retail carrier bags from Malaysia were sold in the United
States at less than normal value during the period of review (POR),
August 1, 2021, through July 31, 2022.
DATES: Applicable February 15, 2024.
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 September 8, 2023, Commerce published the Preliminary Results of
this administrative review and invited parties to comment on those
results.\1\ The review covers one mandatory respondent, Euro SME Sdn.
Bhd. and Euro Nature Green Sdn. Bhd. (Nature Green) (collectively, Euro
SME). For a summary of the events that occurred since the Preliminary
Results, as well as a full discussion of the issues raised by parties
for these final results, see the Issues and Decision Memorandum.\2\ On
January 3, 2024, we extended the deadline for these final results to
February 6, 2024.\3\ Commerce conducted this administrative review in
accordance with section 751(a)(1)(B) 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; 2021-
2022, 88 FR 62064 (September 8, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Polyethylene Retail Carrier Bags from Malaysia; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
\3\ See Memorandum, ``Polyethylene Retail Carrier Bags from
Malaysia: Extension of Deadline for Final Results of Antidumping
Duty Administrative Review,'' dated January 3, 2024.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is polyethylene retail
carrier bags) 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.
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached as the 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>.
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 certain changes to the margin
calculation for Euro SME.\4\ For a detailed discussion of these
changes, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ In the 2018-2019 administrative review of the order, we
treated Euro SME Sdn. Bhd. and Nature Green as a single entity. Our
treatment of Euro SME Sdn. Bhd. and Nature Green remains unchanged
in the instant review. 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); see
also Polyethylene Retail Carrier Bags from Malaysia: Final Results
of Antidumping Duty Administrative Review; 2019-2020, 87 FR 12933
(March 8, 2022).
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the period August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd......... 1.61
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties the calculations
performed for these final results in this review within five days of
the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), where
the respondent reported the entered value of its U.S. sales, we
calculated importer-specific antidumping duty assessment rates by
aggregating the total amount of dumping calculated for the examined
sales of each importer and dividing each of these amounts by the total
entered value associated with those sales. Where the respondent did not
report entered value, we calculated a per-unit assessment rate for each
importer by dividing the total
[[Page 11814]]
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 calculated an
importer-specific ad valorem ratio based on estimated entered values.
Where either the respondent's weighted-average dumping margin is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by Euro SME for which it
did not know that the merchandise it sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is rate for the intermediate
company(ies) involved in the transaction.\5\
---------------------------------------------------------------------------
\5\ 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 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.\6\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\6\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
from Malaysia, 69 FR 48203 (August 9, 2004).
---------------------------------------------------------------------------
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.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
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: February 6, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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: Commerce Should Use the Most Recent Quarterly Cost
File
Comment 2: Commerce Should Correctly Apply the Cap for Freight
Revenue Expenses
VI. Recommendation
[FR Doc. 2024-03142 Filed 2-14-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 15, 2024.
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.