Notice2025-04875
Polyethylene Retail Carrier Bags From Malaysia: Final 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
March 21, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that polyethylene retail carrier bags from Malaysia were not sold in the United States at less than normal value during the period of review (POR), August 1, 2022, through July 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 54 (Friday, March 21, 2025)</title>
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[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13341-13343]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04875]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-813]
Polyethylene Retail Carrier Bags From Malaysia: Final 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) determines that
polyethylene retail carrier bags from Malaysia were not sold in the
United States at less than normal value during the period of review
(POR), August 1, 2022, through July 31, 2023.
DATES: Applicable March 21, 2025.
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 September 13, 2024, Commerce published the Preliminary Results
of this review in the Federal Register and invited interested parties
to comment on those results.\1\ No interested party submitted comments
on the Preliminary Results. Accordingly, the final results remain
unchanged from the Preliminary Results and, thus, there is no decision
memorandum accompanying this notice. Commerce conducted this
administrative review in accordance
[[Page 13342]]
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act). On December 9, 2024, Commerce tolled the deadline to issue the
final results in this administrative review by 90 days.\2\ Accordingly,
the deadline for these final results is now April 11, 2025.
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\1\ See Polyethylene Retail Carrier Bags from Malaysia:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 74872 (September 13, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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Scope of the Order <SUP>3</SUP>
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\3\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
from Malaysia, 69 FR 48203 (August 9, 2004) (Order).
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The merchandise covered by the Order is polyethylene retail carrier
bags (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 subject merchandise 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.
Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the period August 1, 2022, through July 31, 2023:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.\4\..... 0.00
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Disclosure
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\4\ 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 PDM 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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There are no new calculations to disclose in accordance with 19 CFR
351.224(b) for these final results.
Assessment Rate
Pursuant to section 751(a)(2)(A) 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. Because the respondent's weighted-
average dumping margin or importer-specific assessment rates are zero
in these final results of review, we will instruct CBP to liquidate
entries without regard to antidumping duties.\5\ The final results of
this administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\6\
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\5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102-03 (February 14,
2012); see also 19 CFR 351.106(c)(2).
\6\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by the mandatory respondent
for which the company did not know that the merchandise they 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 no
rate for the intermediate company(ies) involved in the transaction.\7\
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 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 rates for the companies
identified above in the ``Final Results of Review'' section will be
equal to the company-specific weighted-average dumping margin
established in the final results of this administrative review (i.e.,
0.00 percent); (2) for merchandise exported by a company not covered in
this administrative review but covered in a completed 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; (3) if the exporter is not a firm covered in this review or
completed prior segment of this proceeding but the producer is, the
cash deposit rate will be the company-specific rate established for the
most recently-completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 84.94 percent, the rate
established in the investigation of this proceeding.\8\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\8\ See Order, 69 FR 48204.
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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 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 has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of
[[Page 13343]]
their responsibility concerning the return or destruction of
proprietary information disclosed under 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 regulations and the terms of an APO is a
sanctionable violation.
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) and
19 CFR 351.213(h)(1).
Dated: March 17, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-04875 Filed 3-20-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 21, 2025.
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