Notice2026-02641
Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024
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 10, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Euro SME Sdn Bhd/Euro Nature Green Sdn. Bhd. (collectively, Euro SME) did not make sales of polyethylene retail carrier bags (PRCBs) from Malaysia at less than normal value (NV) during the period of review (POR), August 1, 2023, through July 31, 2024. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Notices]
[Pages 5924-5926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02641]
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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; 2023-2024
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 Nature Green Sdn. Bhd. (collectively, Euro
SME) did not make sales of polyethylene retail carrier bags (PRCBs)
from Malaysia at less than normal value (NV) during the period of
review (POR), August 1, 2023, through July 31, 2024. We invite
interested parties to comment on these preliminary results.
DATES: Applicable February 10, 2026.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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) 482-5449.
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 1, 2024, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ On September 20, 2024, based on timely requests for
review, Commerce initiated an administrative review covering Euro
SME.\3\
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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, 89 FR 62714 (August 1,
2024).
\3\ See Petitioners' Letter, ``Request for Administrative
Review,'' dated August 30, 2024.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 77079 (September 20, 2024) (Initiation
Notice).
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On December 9, 2024, Commerce tolled the deadline to issue the
preliminary results in this administrative review by 90 days.\4\ On
July 3, 2025, Commerce extended the deadline for these preliminary
results.\5\ Due to the lapse in appropriations and Federal Government
shutdown, on November 14, 2025, Commerce tolled all deadlines in
administrative proceedings by 47 days,\6\ and, due to a backlog of
documents that were electronically filed via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) during the Federal Government shutdown, on
November 24, 2025, Commerce tolled all deadlines in administrative
proceedings by an additional 21 days.\7\ Finally, on December 22, 2025,
Commerce fully extended the deadline for these preliminary results
until February 5, 2026.\8\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 3,
2025.
\6\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\7\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\8\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
22, 2025.
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[[Page 5925]]
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
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
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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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2023-2024 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. 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)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were 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 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, 2023, through
July 31, 2024:
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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.\10\.... 0.00
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Disclosure
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\10\ 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: Preliminary Results of Antidumping Duty
Administrative Review; 2018-2019, 86 FR 22019 (April 26, 2021). Our
treatment of Euro SME and Nature Green remains unchanged in this
review.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any 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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\11\ Pursuant to 19
CFR 351.309(c)(1)(ii), we have modified the deadline for interested
parties to submit case briefs to Commerce to no later than 21 days
after the publication of this notice.\12\ 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.\13\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; (2) a brief summary of the
argument and, (3) a table of authorities.\14\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern
Time on the established deadline.
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\11\ See 19 CFR 351.309(b).
\12\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs. See 19 CFR 351.309(c)(1)(ii).
\13\ 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).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\15\ 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Coutervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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, filed electronically via
ACCESS within 30 days after the publication of this notice. Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. If a hearing request is made, Commerce
will inform parties of the scheduled date for the hearing.\17\
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\17\ See CFR 315.310(d).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon issuance of the
final results, Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. If a respondent's weighted-average
dumping margin is above de minimis in the final results of this review,
we will calculate an importer-specific assessment rate based on the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1).\18\ Where the respondent did not report
entered value, we calculated 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 calculated an importer-specific ad valorem ratio based on
estimated entered values. If a respondent's weighted-average dumping
margin or an importer-specific assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping
[[Page 5926]]
duties in accordance with the Final Modification for Reviews.\19\
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\18\ 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) (Final Modification for
Reviews).
\19\ See Final Modification for Reviews, 77 FR at 8103; see also
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 Euro SME
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate such entries at the
all-others rate in the original less-than-fair-value (LTFV)
investigation (i.e., 84.94 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\20\
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\20\ See Order, 69 FR at 48204.
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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.\21\ 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).
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\21\ See section 751(a)(2)(C) of the Act.
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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; (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.\22\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\22\ See Order, 69 FR at 48204.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice serves as a 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 has occurred and the subsequent assessment of
double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2) and
351.221(b)(4).
Dated: February 5, 2026.
Christopher Abbott,
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2026-02641 Filed 2-9-26; 8:45 am]
BILLING CODE 3510-DS-P
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