[Federal Register: July 15, 2004 (Volume 69, Number 135)]
[Notices]
[Page 42419-42421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy04-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-886)
Notice of Amended Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags From the People's Republic of
China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 42420]]
EFFECTIVE DATE: July 15, 2004.
FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Thomas Schauer,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone: (202) 482-1392 and (202) 482-0410,
respectively.
SUPPLEMENTARY INFORMATION:
Amendment to the Final Determination
In accordance with sections 735(a) and 777(i)(1) of the Tariff Act
of 1930, as amended, (the Act), on June 18, 2004, the Department
published its notice of final determination of sales at less than fair
value (LTFV) in the investigation of polyethylene retail carrier bags
(PRCBs) from the People's Republic of China (PRC). See Notice of Final
Determination of Sales at Less Than Fair Value: Polyethylene Retail
Carrier Bags from the People's Republic of China, 69 FR 34125 (June 18,
2004) (Final Determination). We received timely ministerial-error
allegations from the Polyethylene Retail Carrier Bag Committee and its
individual members (collectively, the petitioners) and from Nantong
Huasheng Plastic Products Co., Ltd. (Nantong). On June 28, 2004, we
received rebuttal comments concerning the petitioners ministerial-error
allegations from Zhongshan Dongfeng Hung Wai Plastic Bag Manufactory
(Zhongshan). No other party alleged ministerial errors or submitted
comments.
After analyzing the submissions, we have determined, in accordance
with 19 CFR 351.224(e), that we made the following ministerial errors
in our calculations performed for the final determination:
We inadvertently included imports from the Ukraine in our
calculation of the surrogate value for low-linear-density resin and
included imports from the PRC in our calculation of the surrogate
values for black and colored ink.
When we made an adjustment to exclude the aberrational import
quantities of several countries (i.e., South Africa, Israel,
Switzerland, Italy, and Belgium) from our calculation of the surrogate
value for black ink we used the wrong amounts.
We erroneously multiplied Hang Lung Plastic Manufactory, Limited's
(Hang Lung's) reported international-freight expense, which was
reported in U.S. dollars, by the Hong Kong dollar exchange rate.
We inadvertently did not convert Hang Lung's domestic inland
freight from a per-kilogram basis to a per-thousand-bag basis.
We did not include the unit weight (weight per 1,000 bags) in our
calculation of Xiamen Ming Pak Plastics Company, Limited's (Ming Pak's)
domestic inland freight and brokerage and handling expenses.
We erroneously converted Nantong's reported U.S. prices and
international-freight expense from a per-carton basis to a per-
thousand-bag basis.
We did not convert the labor consumption that Nantong reported from
a per-kilogram basis to a per-carton basis.
We made a typographical error in assigning Nantong's domestic-
brokerage and marine-insurance expenses to U.S. sales such that we
inadvertently assigned the expenses to all U.S. sales rather than just
to those U.S. sales for which Nantong actually incurred such expenses.
Correcting these errors resulted in revised margins for all
mandatory respondents, separate rate respondents, and parties subject
to the PRC-wide rate. For a detailed discussion of the ministerial
errors listed above, as well as the Department's analysis, see the July
6, 2004, Memorandum from Janis Kalnins to Mark Ross entitled
``Ministerial Error Allegations in the Final Determination of Sales at
Less Than Fair Value; Polyethylene Retail Carrier Bags from the
People's Republic of China.''
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final determination of sales at LTFV in the investigation of PRCBs
from the PRC. The revised dumping margins are as follows:
------------------------------------------------------------------------
Original final Amended final margin
Producer & Exporter margin (percent) (percent)
------------------------------------------------------------------------
Hang Lung Plastic 0.20 0.24
Manufactory, Limited.......
Dongguan Huang Jiang United 23.19 23.22
Wah Plastic Bag Factory....
Nantong Huasheng Plastic 2.29 0.01
Products Co., Ltd..........
Rally Plastics Company, 23.81 23.85
Limited....................
Shanghai Glopack Packing 19.73 19.79
Company, Limited and Sea
Lake Polyethylene
Enterprise, Limited........
Xiamen Ming Pak Plastics 35.23 35.58
Company, Limited...........
Zhongshan Dongfeng Hung Wai 41.21 41.28
Plastic Bag Manufactory....
Beijing Lianbin Plastics and 23.06 25.69
Printing Company, Limited..
Dongguan Zhongqiao.......... 23.06 25.69
Good-in Holdings, Limited... 23.06 25.69
Guangdong Esquel............ 23.06 25.69
Nan Sing.................... 23.06 25.69
Ningbo Fanrong Plastics 23.06 25.69
Products Company, Limited..
Ningbo Huansen Plasthetics 23.06 25.69
Company, Limited...........
Rain Continent Shanghai 23.06 25.69
Company, Limited...........
Shanghai Dazhi Enterprise 23.06 25.69
Development Company,
Limited....................
Shanghai Fangsheng Coloured 23.06 25.69
Packaging Company, Limited.
Shanghai Jingtai Packaging 23.06 25.69
Material Company, Limited..
Shanghai Light Industrial 23.06 25.69
Products Import and Export
Corporation................
Shanghai Minmetals 23.06 25.69
Development, Limited.......
Shanghai New Ai Lian Import 23.06 25.69
and Export Company, Limited
Shanghai Overseas 23.06 25.69
International Trading
Company, Limited...........
Shanghai Yafu Plastics 23.06 25.69
Industries Company, Limited
Weihai Weiquan Plastic and 23.06 25.69
Rubber Products Company,
Limited....................
Xiamen Xingyatai Industry 23.06 25.69
Company, Limited...........
Xinhui Henglong............. 23.06 25.69
PRC-wide Rate............... 77.33 77.57
------------------------------------------------------------------------
[[Page 42421]]
Separate Rates
In the Final Determination, the Department calculated a weighted-
average margin separate from the PRC-wide rate for those companies
which provided responses to section A of the antidumping questionnaire.
These companies are as follows: Beijing Lianbin Plastics and Printing
Company, Limited, Dongguan Zhongqiao, Good-in Holdings, Limited,
Guangdong Esquel, Nan Sing, Ningbo Fanrong Plastics Products Company,
Limited, Ningbo Huansen Plasthetics Company, Limited, Rain Continent
Shanghai Company, Limited, Shanghai Dazhi Enterprise Development
Company, Limited, Shanghai Fangsheng Coloured Packaging Company,
Limited, Shanghai Jingtai Packaging Material Company, Limited, Shanghai
Light Industrial Products Import and Export Corporation, Shanghai
Minmetals Development, Limited, Shanghai New Ai Lian Import and Export
Company, Limited, Shanghai Overseas International Trading Company,
Limited, Shanghai Yafu Plastics Industries Company, Limited, Weihai
Weiquan Plastic and Rubber Products Company, Limited, Xiamen Xingyatai
Industry Company, Limited, and Xinhui Henglong. We calculated the
weighted-average margin for these companies based on the rates we
calculated for the selected mandatory respondents. Because the rates of
the selected mandatory respondents have changed as a result of
correcting the ministerial errors listed above, we have recalculated
the rate for the section A respondents to be 25.69 percent. For a more
detailed discussion of the section A rate, see Memorandum to the File
entitled ``Analysis for the Amended Final Determination of Polyethylene
Retail Carrier Bags from the People's Republic of China (PRC):
Calculation of the PRC-Wide Rate Based on Adverse Facts Available and
the Non-Adverse Margin for Section A Respondents Not Selected for
Investigation,'' dated July 8, 2004, PRC-Wide Rate Memorandum.
The PRC-Wide Rate
The PRC-wide rate we calculated in the Final Determination was
77.33 percent. As a result of correcting the ministerial errors
discussed above, we have recalculated the PRC-wide rate to be 77.57
percent. For a more detailed discussion of the PRC-wide rate
calculations, see the PRC-Wide Rate Memorandum.
Suspension of Liquidation
In accordance with section 735(c)(1)(b) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of PRCBs from the PRC (except for
entries of Hang Lung and Nantong because these companies have de
minimis margins). In accordance with section 351.204(e)(3) of our
regulations, these exclusions only apply to merchandise produced and
exported by Hang Lung and Nantong. For the other companies, we will
instruct CBP to continue to require a cash deposit or the posting of a
bond equal to the estimated amount by which the normal value exceeds
the U.S. price as shown above. These instructions will remain in effect
until further notice.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: July 7, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-15981 Filed 7-14-04; 8:45 am]