[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]
[Page 64580-64582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-31]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags from Thailand: Final Results of
Antidumping Duty Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 11, 2007, the Department of Commerce published the
preliminary results of the 2005/2006 administrative review of the
antidumping duty order on polyethylene retail carrier bags from
Thailand. We gave interested parties an opportunity to comment on the
preliminary results. Based on our analysis of the comments received and
an examination of our calculations, we have made certain changes for
the final results. The final weighted-average dumping margins for the
respondents are listed below in the ``Final Results of the Review''
section of this notice.
EFFECTIVE DATE: November 16, 2007.
FOR FURTHER INFORMATION CONTACT: Kristin Case or Richard Rimlinger, AD/
CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-3174
or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 11, 2007, the Department of Commerce (the Department)
published Polyethylene Retail Carrier Bags from Thailand: Preliminary
Results of Antidumping Duty Administrative
[[Page 64581]]
Review and Intent to Rescind in Part, 72 FR 37718 (July 11, 2007)
(Preliminary Results), in the Federal Register. The administrative
review covers 16 producers/exporters.\1\ We selected the following
respondents for individual examination: Advance Polybag Inc., Alpine
Plastics Inc., API Enterprises Inc., and Universal Polybag Co., Ltd.
(collectively UPC/API); CP Packaging Industry Co., Ltd. (CP); King Pac
Ind. Co., Ltd. (King Pac\2\); Thai Plastic Bags Industries Co., Ltd.,
APEC Film Ltd., and Winner's Pack Co., Ltd. (collectively TPBG). For
the companies under review which we did not select for individual
examination, we have calculated a weighted average of the weighted-
average margins we have established for the individually reviewed
respondents excluding rates based entirely on adverse facts available.
The period of review is August 1, 2005, through July 31, 2006.
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\1\ The 16 exporters/producers are as follows: Advance Polybag
Inc., Alpine Plastics Inc., APEC Film Ltd., API Enterprises Inc.,
Apple Film Co., Ltd., CP Packaging Industry Co., Ltd., King Pac Ind.
Co. Ltd., Naraipak Co., Ltd., Polyplast (Thailand) Co., Ltd.,
Sahachit Watana Plastic Ind. Co., Ltd., Thai Plastic Bags Industries
Co., Ltd., Thantawan Industry Public Co., Ltd., U. Yong Ltd., Part.,
U Yong Industry Co., Ltd., Universal Polybag Co., Ltd., and Winner's
Pack Co., Ltd. See Preliminary Results, 72 FR at 37718. This does
not include Multibax Public Co., Ltd. (Multibax), for which we are
rescinding the administrative review.
\2\ The record indicates that the company King Pac also has an
alternative spelling to its name and thus, the company names King
Pac or King Pak are acceptable in referring to this company in this
proceeding.
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We invited parties to comment on the Preliminary Results. On August
13, 2007, 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), CP, and KYD Ltd.
(KYD), an importer of subject merchandise. On August 22, 2007, we
received rebuttal briefs from the petitioners, CP, and KYD. At the
request of KYD, we held a hearing on August 29, 2007.
We have conducted this review in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act).
Scope of Order
The merchandise subject to this antidumping duty 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.
As a result of recent changes to the Harmonized Tariff Schedule of
the United States (HTSUS), imports of the subject merchandise are
currently classifiable under statistical category 3923.21.0085 of the
HTSUS. Furthermore, although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.
Rescission
In the Preliminary Results, we explained that Multibax reported
that it had no shipments of subject merchandise subject to this review.
Additionally, we stated that, because our review of information from
U.S. Customs and Border Protection (CBP) supported Multibax's claim, we
would rescind the review with respect to Multibax if we continued to
find that Multibax did not have any shipments of subject merchandise to
the United States during the period of review. See Preliminary Results,
72 FR at 37719. Because we have not received information indicating
that Multibax had any shipments of subject merchandise during the POR,
we are rescinding the administrative review with respect to Multibax.
Duty Absorption
In the preliminary results of this administrative review, the
Department found that UPC/API absorbed antidumping duties on all U.S.
sales in accordance with section 751(a)(4) of the Act. See Preliminary
Results, 72 FR at 37719. UPC/API did not present evidence to rebut the
presumption that the unaffiliated customers in the United States will
not pay the full duty ultimately assessed on the subject merchandise.
Thus, for the final results of this review, we continue to find that
UPC/API absorbed antidumping duties.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the November 8, 2007, Issues and Decision
Memorandum for the Antidumping Duty Administrative Review of
Polyethylene Retail Carrier Bags from Thailand for the period of review
August 31, 2005, through July 31, 2006 (Decision Memorandum), which is
hereby adopted by this notice. Attached to this notice as an appendix
is a list of the issues which parties have raised and to which we have
responded in the Decision Memorandum. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum, which is on file in the
Department's Central Records Unit, Room B-099 of the main Department
building (CRU). In addition, a complete version of the Decision
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn.
The paper copy and electronic version of the
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
We recalculated CP's general and administrative expenses to base
them on CP's 2006 audited financial statements rather than its 2005
financial statements. We also corrected a clerical error in the margin
calculations for UPC/API by deducting foreign movement expenses
incurred in baht.
Sales Below Cost in the Home Market
For these final results of review, the Department disregarded home-
market sales by CP, UPC/API, and TPBG that failed the cost-of-
production test.
Final Results of the Review
As a result of our review, we determine that the following
percentage weighted-average dumping margins exist on polyethylene
retail carrier bags from Thailand for the period August 31, 2005,
through July 31, 2006:
------------------------------------------------------------------------
Margin
Producer/Exporter (percent)
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UPC/API..................................................... 0.80
TPBG........................................................ 0.87
CP.......................................................... 1.87
King Pac.................................................... 122.88
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[[Page 64582]]
Review-Specific Average Rate Applicable to the Following Companies:\3\
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\3\ This rate is based on the weighted average of the margins we
calculated for those companies selected for individual review,
excluding margins based entirely on AFA.
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Margin
Producer/Exporter (percent)
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Apple Film Co., Ltd......................................... 0.95
Naraipak Co., Ltd........................................... 0.95
Polyplast (Thailand) Co., Ltd............................... 0.95
Sahachit Watana Plastic Ind. Co., Ltd....................... 0.95
Thantawan Industry Public Co., Ltd.......................... 0.95
U. Yong Ltd., Part.......................................... 0.95
U. Yong Industry Co., Ltd................................... 0.95
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Assessment Rates
Upon issuance of these final results, the Department will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of these final results of review. We calculated importer/
customer-specific duty assessment rates or per-unit dollar amounts, as
appropriate, for each respondent's reported importer or customer.
Where the assessment rate or amount is above de minimis, we will
instruct CBP to assess duties on all entries of subject merchandise by
that importer or customer. For the responsive companies we did not
select for individual examination, we have calculated an assessment
rate based on weighted average of the weighted-average margins we
calculated for the companies selected for individual review, excluding
any which are determined on adverse facts available entirely. We will
instruct CBP to apply that rate (0.95 percent) to all entries of
subject merchandise during the POR that were produced and/or exported
by Apple Film Co., Ltd., Naraipak Co., Ltd., Polyplast (Thailand) Co.,
Ltd., Sahachit Watana Plastic Ind. Co., Ltd., Thantawan Industry Public
Co., Ltd., U. Yong Ltd., Part, and U. Yong Industry Co., Ltd. Because
we are relying on total adverse facts available to establish King Pac's
dumping margin, we will instruct CBP to apply a dumping margin of
122.88 percent to King Pac.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment-Policy Notice). This clarification will apply to entries of
subject merchandise during the period of review produced by companies
included in these final results of review for which the reviewed
companies 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 intermediary involved in the transaction. See Assessment-
Policy Notice for a full discussion of this clarification.
a. Export Price
With respect to export-price sales by TPBG and CP, we divided the
total dumping margins (calculated as the difference between normal
value and the export price) for each exporter's importer or customer 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 on each of that importer's or
customer's entries during the review period. See 19 CFR 351.212(b)(1).
b. Constructed Export Price
For constructed export-price sales by UPC/API, we divided the total
dumping margins for the reviewed sales by the total entered value of
those reviewed sales for each importer. We will direct CBP to assess
the resulting percentage margin against the entered customs values for
the subject merchandise on each of that importer's entries during the
review period. See 19 CFR 351.212(b)(1).
Cash-Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication,
consistent with section 751(a)(1) of the Act: (1) the cash-deposit
rates for the reviewed companies will be the rates shown above; (2) for
previously investigated companies not listed above, the cash-deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in this
review or the original less-than-fair-value (LTFV) investigation but
the manufacturer is, the cash-deposit rate will be the rate established
for the most recent period for the manufacturer of the merchandise; (4)
the cash-deposit rate for all other manufacturers or exporters will
continue to be 2.80 percent, the all-others rate from the amended final
determination of the LTFV investigation published on July 15, 2004. See
Notice of Amended Final Determination of Sales at Less Than Fair Value:
Polyethylene Retail Carrier Bags From Thailand, 69 FR 42419 (July 15,
2004).
These deposit requirements shall remain in effect until further
notice.
Notification Requirements
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties. See id.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: November 8, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
Appendix
1. Selection of Respondents
2. Adverse Facts Available
3. General and Administrative Expenses and Interest Expenses
[FR Doc. E7-22474 Filed 11-15-07; 8:45 am]
BILLING CODE 3510-DS-S