Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review; 2017-2018
| Published date | 13 February 2020 |
| Record Number | 2020-02907 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 85 Issue 30 (Thursday, February 13, 2020)
[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8251-8252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02907]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Euro SME
Sdn Bhd (Euro SME), the sole producer/exporter subject to this
administrative review did not make sales of subject merchandise at less
than normal value (NV) during the August 1, 2017 through July 31, 2018
period of review (POR).
DATES: Applicable February 13, 2020.
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
Commerce published the Preliminary Results of this administrative
review of the antidumping duty (AD) order on polyethylene retail
carrier bags (PRCBs) from Malaysia on October 22, 2019.\1\ We invited
interested parties to comment on the Preliminary Results; however, no
interested party submitted comments. Commerce conducted this
administrative review in accordance with sections 751(a)(1) and (2) of
the Tariff Act of 1930, as amended (the Act).
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\1\ See Polyethylene Retail Carrier Bags from Malaysia:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 56418 (October 22, 2019) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
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Scope of the Order
The merchandise covered by this order is PRCBs from Malaysia, which
also 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
[[Page 8252]]
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 Preliminary Decision
Memorandum.
Changes Since the Preliminary Results
As noted above, we received no comments in response to the
Preliminary Results. Accordingly, for purposes of these final results,
Commerce has made no changes.
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the August 1, 2017 through July 31, 2018 POR:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average dumping
margin
(percent)
------------------------------------------------------------------------
Euro SME Sdn Bhd....................................... 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. For Euro SME, we calculated importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales and the total entered
value of those sales in accordance with 19 CFR 351.212(b)(1).\2\ Where
an importer-specific assessment rate is de minimis (i.e., less than 0.5
percent), the entries by that importer will be liquidated without
reference to antidumping duties. For entries of Euro SME's merchandise
during the period of review for which it did not know the merchandise
was destined for the United States, 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.
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\2\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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We intend to issue instructions to CBP 15 days after publication of
these final results of this review in the Federal Register.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review in
the Federal Register for all shipments of PRCBs from Malaysia entered,
or withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for Euro SME 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
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 antidumping
investigation.\3\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\3\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
from Malaysia, 69 FR 48203 (August 9, 2004).
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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 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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/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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act and
19 CFR 351.221(b)(5).
Dated: February 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02907 Filed 2-12-20; 8:45 am]
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