Antidumping: Polyethylene Retail Carrier Bags from People's Republic of China

Federal Register: December 4, 2009 (Volume 74, Number 232)

Notices

Page 63718-63720

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr04de09-50

DEPARTMENT OF COMMERCE

International Trade Administration

A-570-886

Polyethylene Retail Carrier Bags From the People's Republic of

China: Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

SUMMARY: On July 29, 2009, the Department of Commerce published the preliminary results of the 2007/2008 administrative review of the antidumping duty order on polyethylene retail carrier bags from the

People's Republic of China. The review covers one exporter. The period of review is August 1, 2007, through July 31, 2008. We invited interested parties to comment on these preliminary results.

Based on our analysis of the comments received, we have made changes to our margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for

Page 63719

the reviewed firm is listed below in the section entitled ``Final

Results of the Review.''

EFFECTIVE DATE: December 4, 2009.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/

CVD Operations, Office 5, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482- 1757 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

On July 29, 2009, the Department of Commerce (the Department) published the preliminary results of review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from the People's

Republic of China (PRC). See Polyethylene Retail Carrier Bags from the

People's Republic of China: Preliminary Results of Antidumping Duty

Administrative Review, 74 FR 37694 (July 29, 2009) (Preliminary

Results). The administrative review covers Zongshan Rally Plastics Co.,

Ltd., and Rally Plastics Co., Ltd. (collectively Rally).

We invited parties to comment on the Preliminary Results. On August 31, 2009, we received case briefs from the Polyethylene Retail Carrier

Bag Committee and its individual members, Hilex Poly Co., LLC, and

Superbag Corporation (collectively, the petitioners), and Rally. On

September 3, 2009, we received a rebuttal brief from Rally. Although

Rally requested on August 28, 2009, that the Department hold a hearing, it withdrew its request for a hearing on September 4, 2009; therefore, we did not conduct a hearing.

We have conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

The merchandise subject to the antidumping duty order is 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 the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS).\1\ This subheading may also cover products that are outside the scope of the order. Furthermore, although the

HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive.

\1\ Until July 1, 2005, these products were classifiable under

HTSUS 3923.21.0090 (Sacks and bags of polymers of ethylene, other).

See Harmonized Tariff Schedule of the United States (2005) -

Supplement 1 Annotated for Statistical Reporting Purposes Change

Record - 17th Edition - Supplement 1, available at http:// hotdocs.usitc.gov/docs/tata/hts/bychapter/0510/0510chgs.pdf.

Separate Rates

In proceedings involving non-market-economy (NME) countries, the

Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the

Department's policy to assign all exporters of merchandise subject to review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.

In the Preliminary Results, we treated the PRC as an NME country and found that Rally demonstrated its eligibility for separate-rate status. We received no comments from interested parties regarding the separate-rate status of Rally. Therefore, for these final results of review, we continue to find that the evidence placed on the record of this review by Rally demonstrates an absence of government control, both in law and in fact, with respect to its exports of the subject merchandise. Thus, we have determined that Rally is eligible to receive a separate rate.

Surrogate Country

In the Preliminary Results, we treated the PRC as an NME country and, therefore, we calculated normal value in accordance with section 773(c) of the Act. Also, we stated that we selected India as the appropriate surrogate country to use in this review because it is a significant producer of merchandise comparable to subject merchandise and it is at a level of economic development comparable to the PRC, pursuant to section 773(c)(4) of the Act. See Preliminary Results, 74

FR at 37694. No interested party commented on our designation of the

PRC as an NME country nor the selection of India as the surrogate country. Therefore, we have continued to treat the PRC as an NME country and have used the same surrogate country, India, for these final results of review.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs by parties in this review are addressed in the Issues and Decision Memorandum from

John M. Andersen, Deputy Assistant Secretary for Antidumping and

Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy

Assistant Secretary for Import Administration, dated concurrently with this notice (Decision Memo), which is hereby adopted by this notice.

The issue which parties have raised and to which we have responded in the Decision Memo relates to the valuation of NME purchases of a factor of production, calcium carbonate. Parties can find a complete discussion of the issue raised in this review and the corresponding recommendation in this public memorandum, which is on file in the

Central Records Unit, main Department of Commerce building, Room 1117, and is accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

Based on our analysis of comments received, we have made several changes in our margin calculations. Specifically, we have changed our selection of the surrogate value for the valuation of calcium carbonate. See Decision Memo and Analysis Memorandum dated concurrently with this notice. Additionally, we have corrected undisputed clerical errors in our calculations. See Analysis Memorandum.

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Final Results of the Review

As a result of our review, we determine that a final weighted- average dumping margin of 17.92 percent exists for Rally for the period

August 1, 2007, through July 31, 2008.

Assessment Rates

The Department intends to issue assessment instructions to U.S.

Customs and Border Protection (CBP) 15 days after the date of publication of these final results of administrative review. In calculating importer-specific assessment rates, we divided the total dumping margins (calculated as the difference between normal value and export price) for each of Rally's importers or customers by the total number of units the exporter sold to that importer or customer. We will direct CBP to assess the resulting per-unit dollar amount against each unit of merchandise in each of that importer's/customer's entries during the review period.

Cash-Deposit Requirements

The following cash-deposit requirements will be effective upon publication of this notice of final results of administrative review for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of the publication as provided by section 751(a)(1) of the Act: (1) for subject merchandise exported by Rally, the cash deposit rate will be 17.92 percent; (2) for previously reviewed or investigated companies not listed above that have separate rates, the cash-deposit rate will continue to be the company-specific rate published for the most recent period; (3) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash-deposit rate will be the PRC- wide rate of 77.57 percent; (4) for all non-PRC exporters of subject merchandise the cash-deposit rate will be the rate applicable to the

PRC exporter that supplied that exporter. These deposit requirements shall remain in effect until further notice.

Notifications

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 the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. See id.

This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the destruction of proprietary information disclosed under

APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction.

We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

Dated: November 25, 2009.

Ronald K. Lorentzen,

Deputy Assistant Secretary for Import Administration.

FR Doc. E9-29018 Filed 12-3-09; 8:45 am

BILLING CODE 3510-DS-S