Notice2024-20777
Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that polyethylene retail carrier bags from Malaysia are not being sold in the United States at below normal value during the period of review (POR), August 1, 2022, through July 31, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74872-74873]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20777]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that polyethylene retail carrier bags from Malaysia are not
being sold in the United States at below normal value during the period
of review (POR), August 1, 2022, through July 31, 2023. We invite
interested parties to comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Charles Doss, 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) 482-4474.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2004, Commerce published the antidumping duty order on
polyethylene retail carrier bags from Malaysia.\1\ On August 2, 2023,
we published in the Federal Register a notice of opportunity to request
an administrative review of the Order.\2\ On October 18, 2023, pursuant
to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative review of the Order covering one
entity.\3\ On April 12, 2024, Commerce extended the deadline for the
preliminary results until August 30, 2024.\4\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\5\ The deadline for the preliminary results is now
September 6, 2024.
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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, 88 FR 50840 (August 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 12,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of 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 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Polyethylene Retail Carrier Bags from Malaysia; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this Order are polyethylene retail carrier
bags. A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price and constructed export price are
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin exists for the
period August 1, 2022, through July 31, 2023:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.\7\..... 0.00
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Disclosure and Public Comment
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\7\ In the 2018-2019 review, Commerce treated Euro SME Sdn. Bhd.
and Euro Nature Green Sdn. Bhd. as a single entity (collectively,
Euro SME). 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; 2018-2019, 86 FR 22019 (April 26, 2021). Our treatment of
Euro SME Sdn. Bhd. and Euro Nature Green Sdn. Bhd. 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).
Interested parties may submit case briefs no later than 30 days after
the date of publication of this notice.\8\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\9\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\10\
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\8\ See 19 CFR 351.309(c)(1)(ii)
\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Procedures.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\13\ Requests should contain
[[Page 74873]]
the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the case and rebuttal
briefs. If a request for a hearing is made, we will inform parties of
the scheduled date for the hearing at a time and location to be
determined.\14\ Parties should confirm by telephone the date, time, and
location of the hearing no fewer than two days before the scheduled
date. Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(1), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce shall 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 this review and
for future deposits of estimated duties, where applicable.\15\ 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).
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\15\ See section 751(a)(2)(C) of the Act.
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If the weighted-average dumping margin for Euro SME is above de
minimis (i.e., 0.50 percent) in the final results of this review, we
will calculate importer-specific ad valorem antidumping duty assessment
rates based on the ratio of the total amount of dumping 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).\16\ If the respondent
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. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.50 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, 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.\17\
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\16\ In these preliminary results, Commerce applied the
assessment rate calculation method 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).
\17\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondent for which it did not know that the merchandise was destined
for the United States, we will instruct CBP to liquidate entries not
reviewed at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\18\
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\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of the final results of the administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results, as provided by section 751(a)(2) of
the Act: (1) the cash deposit rate for Euro SME will be equal to the
dumping margin established in the final results of this review, except
if the ultimate rate is de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rates will be zero; (2)
for merchandise exported by producers or exporters not covered in this
administrative review but covered in a prior 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 less
than fair value (LTFV) investigation but the producer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 84.94 percent, the all-others rate
established in the LTFV investigation of this proceeding.\19\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ 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 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, and/or increase in the amount
of antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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 Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-20777 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2024.
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