53470 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

1On August 9, 2004, the Department published 

the following antidumping duty orders: 

Antidumping Duty Order: Polyethylene Retail 

Carrier Bags From the People’s Republic of China, 

69 FR 48201 (August 9, 2004); Antidumping Duty 

Order: Polyethylene Retail Carrier Bags From 

Malaysia, 69 FR 48203 (August 9, 2004); 

Antidumping Duty Order: Polyethylene Retail 

Carrier Bags From Thailand, 69 FR 48204 (August 

9, 2004). 

Ugine & ALZ Belgium N.V. (U&A 

Belgium). Therefore, we do not intend 

to issue liquidation instructions to U.S. 

Customs and Border Protection (CBP) 

for entries made during the period May 

1, 2007, through April 30, 2008, until 

such time the preliminary injunction 

issued on January 16, 2009, is lifted. 

Cash Deposit Requirements 

The following antidumping duty 

deposit rates will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of SSPC from Belgium entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of these final results, as provided 

for by section 751(a)(1) of the Tariff Act 

of 1930, as amended (the Act): (1) For 

AMS Belgium, the cash deposit rate will 

be the rate established in the final 

results of this review; (2) if the exporter 

is not a finn covered in this review, but 

was covered in a previous review or the 

original less-than-fair-value (LTFV) 

investigation, the cash deposit rate will 

continue to be the company-specific rate 

established for the most recent period; 

(3) if the exporter is not a firm covered 

in this review, a prior review, or the 

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 subject merchandise; and (4) if 

neither the exporter nor the 

manufacturer is a firm covered by this 

review, a prior review, or the LTFV 

investigation, the cash deposit rate will 

be 9.86 percent ad valorem, the ‘‘allothers’’ rate established in the LTFV 

investigation. See Notice of Final 

Determination of Sales at Less Than Fair 

Value: Stainless Steel Plate in Coils 

from Belgium, 64 FR 15476 (March 31, 

1999). These deposit rates, when 

imposed, shall remain in effect until 

further notice. 

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 antidumping 

duties occurred and the subsequent 

assessment of doubled antidumping 

duties. 

Notification Regarding APOs 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(5). 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 sanctionable violation. 

This administrative review and notice 

are in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: October 6, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix 

List of Issues 

Comment 1: Whether the Department 

Incorrectly Converted Inventory Carrying 

Costs (DINVCARU). 

Comment 2: Whether to Exclude Certain 

Sales Transactions from the U.S. Sales 

Listing. 

Comment 3: Whether to Use Facts 

Otherwise Available for U.S. Other 

Transportation Costs (USOTHR1U). 

Comment 4: Whether to Use Facts 

Otherwise Available for Failing to Report a 

Certain Selling Expense. 

Comment 5: Whether to Use AMS 

Belgium’s Reported U.S. Warranty Expense. 

Comment 6: Whether to Offset Negative 

Margins. 

[FR Doc. E9–24699 Filed 10–16–09; 8:45 am] 

BILLING CODE 3510–DS–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–886, A–557–813, A–549–821] 

Polyethylene Retail Carrier Bags From 

the People’s Republic of China, 

Thailand, and Malaysia: Final Results 

of the Expedited Sunset Reviews of the 

Antidumping Duty Orders 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 1, 2009, the 

Department of Commerce (the 

Department) initiated sunset reviews of 

the antidumping duty orders on 

polyethylene retail carrier bags (PRCBs) 

from the People’s Republic of China 

(PRC), Thailand, and Malaysia pursuant 

to section 751(c) of the Tariff Act of 

1930, as amended (the Act). See 

Initiation of Five-year (‘‘Sunset’’) 

Review, 74 FR 31412 (July 1, 2009). The 

Department has conducted expedited 

(120-day) sunset reviews for these 

orders. As a result of these sunset 

reviews, the Department finds that 

revocation of the antidumping duty 

orders would be likely to lead to 

continuation or recurrence of dumping 

as indicated in the ‘‘Final Results of 

Review’’ section of this notice. 

DATES: Effective Date: October 19, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Dustin Ross 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) 482–0747 or (202) 482– 

1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 1, 2009, the Department 

published the notice of initiation of the 

sunset reviews of the antidumping duty 

orders 1 on PRCBs from the PRC, 

Malaysia, and Thailand pursuant to 

section 751(c) of the Act. See Initiation 

of Five-year (‘‘Sunset’’) Reviews, 74 FR 

31412 (July 1, 2009) (Notice of 

Initiation). 

The Department received notices of 

intent to participate in these sunset 

reviews from the Polyethylene Retail 

Carrier Bag Committee and its 

individual members, Hilex Poly Co., 

LLC, Superbag Corporation, Unistar 

Plastics LLC, Command Packaging, 

Roplast Industries Inc., and Genpack 

LLC (collectively, the Committee) 

within the 15-day period specified in 19 

CFR 351.218(d)(1)(i). The domestic 

interested parties claimed interestedparty status under section 771(9)(C) of 

the Act as producers of a domestic like 

product in the United States. 

The Department received complete 

substantive responses to the Notice of 

Initiation from the domestic interested 

parties within the 30-day period 

specified in 19 CFR 351.218(d)(3)(i). 

The Department received no substantive 

responses from any respondent 

interested parties. On the basis of a 

notice of intent to participate and 

adequate substantive responses filed on 

behalf of the domestic interested parties 

and no responses filed on behalf of 

respondent interested parties and in 

accordance with 751(c)(3)(B) of the Act 

and 19 CFR 351.218(e)(1)(ii)(C)(2), the 

Department is conducting expedited 

(120-day) sunset reviews of the 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 53471 

antidumping duty orders on PRCBs 

from the PRC, Malaysia, and Thailand. 

Scope of the Orders 

The product covered in the sunset 

reviews of the antidumping duty orders 

on PRCBs from the PRC, Malaysia, and 

Thailand 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 scopes of the orders 

exclude (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 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 

descriptions of the scopes of the orders 

are dispositive. 

Analysis of Comments Received 

All issues raised in these reviews are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Expedited Sunset 

Reviews of the Antidumping Duty 

Orders on Polyethylene Retail Carrier 

Bags from the People’s Republic of 

China, Malaysia, and Thailand’’ from 

Acting Deputy Assistant Secretary John 

M. Andersen to Acting Assistant 

Secretary Ronald K. Lorentzen dated 

concurrently with this notice (Decision 

Memo), which is hereby adopted by this 

notice. The issues discussed in the 

Decision Memo include the likelihood 

of continuation or recurrence of 

dumping and the magnitude of the 

margins likely to prevail if the orders 

were revoked. Parties can find a 

complete discussion of all issues raised 

in these reviews and the corresponding 

recommendations in this public 

memorandum which is on file in the 

Central Records Unit, Room 1117 of the 

main Department of Commerce 

building. 

In addition, a complete version of the 

Decision Memo can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn. 

The paper copy and electronic version 

of the Decision Memo are identical in 

content. 

Final Results of Reviews 

The Department determines that 

revocation of the antidumping duty 

orders on PRCBs from the PRC, 

Malaysia, and Thailand would be likely 

to lead to continuation or recurrence of 

dumping at the following weightedaverage percentage margins: 

Country Company 

Weighted-average 

margin 

(percent) 

PRC ........................................................ Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging, 

Ltd. (formerly Dongguan Huang Jiang United Wah Plastic Bag Factory).

23.22 

Rally Plastics Company, Ltd ................................................................................... 23.85 

Shanghai Glopack Packing Company, Ltd., and Sea Lake Polyethylene Enterprise, Ltd.19.79 

Xiamen Ming Pak Plastics Company, Ltd .............................................................. 35.58 

Zhongshan Dongfeng Hung Wai Plastic Bag Manufactory .................................... 41.28 

Beijing Lianbin Plastics and Printing Company, Ltd .............................................. 25.69 

Dongguan Maruman Plastic Packaging Co., Ltd. (formerly Dongguan Zhongqiao 

Combine Plastic Bag Factory).

25.69 

Good-in Holdings, Ltd ............................................................................................. 25.69 

Guangdong Esquel Packaging Co., Ltd ................................................................. 25.69 

Nan Sing Plastics, Ltd ............................................................................................ 25.69 

Ningbo Fanrong Plastics Products Co., Ltd ........................................................... 25.69 

Ningbo Huansen Plasthetics Co., Ltd .................................................................... 25.69 

Rain Continent Shanghai Company, Ltd ................................................................ 25.69 

Shanghai Dazhi Enterprise Development Company, Ltd ....................................... 25.69 

Shanghai Fangsheng Coloured Packaging Company, Ltd .................................... 25.69 

Shanghai Jingtai Packaging Material Company, Ltd ............................................. 25.69 

Shanghai Light Industrial Products Import and Export Corporation ...................... 25.69 

Shanghai Minmetals Development, Ltd .................................................................. 25.69 

Shanghai New Ai Lian Import and Export Company, Ltd ...................................... 25.69 

Shanghai Overseas International Trading Company, Ltd ...................................... 25.69 

Shanghai Yafu Plastics Industries Company, Ltd .................................................. 25.69 

Weihai Weiquan Plastic and Rubber Products Company, Ltd .............................. 25.69 

Xiamen Xingyatai Industry Company, Ltd .............................................................. 25.69 

Xinhui Henglong ..................................................................................................... 25.69 

PRC-wide Rate ....................................................................................................... 77.57 

Malaysia ................................................. Teong Chuan Plastic and Timber Sdn. Bhd .......................................................... 101.74 

Brandpak Industries Sdn. Bhd ................................................................................ 101.74 

Gants Pac Industries .............................................................................................. 101.74 

Sido Bangun Sdn. Bhd ........................................................................................... 101.74 

Zhin HinlChin un Plastic Manufacturer Sdn. Bhd ................................................... 101.74 

All Others ................................................................................................................ 84.94

Thailand .................................................. Thai Plastic Bags Industries Co., Ltd ..................................................................... 2.26 


sroberts on DSKD5P82C1PROD with NOTICES
53472 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

Country Company 

Weighted-average 

margin 

(percent) 

Universal Polybags Co. Ltd./Advance Polybags Inc./Alpine Plastics Inc./API Enterprises Inc.5.35 

TRC Polypack ......................................................................................................... 122.88 

Champion Paper Polybags Ltd ............................................................................... 122.88 

Zip-Pac Co., Ltd./King Pac Industrial Co., Ltd./King Pak/Zippac/Dpac Industrial/ 

Kingbag/KP.

122.88 

All Others ................................................................................................................ 2.80 

Notification Regarding APO 

This notice 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). Timely written 

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 

which is subject to sanction. 

The Department is issuing and 

publishing the final results and notice 

in accordance with sections 751(c), 

752(c), and 777(i)(1) of the Act. 

Dated: October 6, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–24540 Filed 10–16–09; 8:45 am] 

BILLING CODE 3510–DS–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XS39 

Gulf of Mexico Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will convene a 

public meeting of the Texas Habitat 

Protection Advisory Panel (AP). 

DATES: The meeting will convene at 9 

a.m. on Tuesday, November 10, 2009 

and conclude no later than 4 p.m. 

ADDRESSES: This meeting will be held at 

the Hampton Inn & Suites HoustonClear Lake-NASA, 506 West Bay Area 

Blvd., Webster, TX 77598. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Rester, Habitat Support Specialist, Gulf 

States Marine Fisheries Commission; 

telephone: (228) 875–5912. 

SUPPLEMENTARY INFORMATION: At this 

meeting, the AP will discuss a proposed 

seawall, ‘‘The Ike Dike’’, to protect 

Galveston Bay from hurricane storm 

surge, an update on oyster restoration in 

Galveston Bay, the Texas Clipper 

artificial reef project, status of the 

Flower Garden Banks National Marine 

Sanctuary Management Plan Review, 

the South Padre Island Second Access 

Project, and juvenile red snapper habitat 

use in the Gulf of Mexico. 

The Texas group is part of a three unit 

Habitat Protection Advisory Panel (AP) 

of the Gulf of Mexico Fishery 

Management Council. The principal role 

of the advisory panels is to assist the 

Council in attempting to maintain 

optimum conditions within the habitat 

and ecosystems supporting the marine 

resources of the Gulf of Mexico. 

Advisory panels serve as a first alert 

system to call to the Council’s attention 

proposed projects being developed and 

other activities which may adversely 

impact the Gulf marine fisheries and 

their supporting ecosystems. The panels 

may also provide advice to the Council 

on its policies and procedures for 

addressing environmental affairs. 

Although other issues not on the 

agenda may come before the panel for 

discussion, in accordance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

those issues may not be the subject of 

formal panel action during this meeting. 

Panel action will be restricted to those 

issues specifically identified in the 

agenda listed as available by this notice. 

A copy of the agenda can be obtained 

by calling (813) 348–1630. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Tina 

O’Hern at the Council (see ADDRESSES) 

at least 5 working days prior to the 

meeting. 

Dated: October 14, 2009. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–25025 Filed 10–16–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XS15 

North Pacific Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Eight Regional Fishery 

Management Councils will convene a 

meeting of representatives of their 

respective Scientific and Statistical 

Committee (SSCs) at the Wyndam Sugar 

Bay Resort, St. Thomas, United States 

Virgin Islands, November 10–13, 2009. 

DATES: The meetings will be held 

November 10–13, 2009, with travel 

dates November 9 and 14. 

ADDRESSES: The meetings will be held at 

the Wyndam Sugar Bay Resort, 6500 

Estate Smith Bay, St Thomas, U.S. 

Virgin Islands. 

Council address: North Pacific 

Fishery Management Council, 605 W. 

4th Ave., Suite 306, Anchorage, AK 

99501–2252. 

FOR FURTHER INFORMATION CONTACT: 

David Witherell at the North Pacific 

Fishery Management Council, 

telephone: (907) 271–2809 or Diana 

Martino at the Caribbean Fishery 

Management Council, telephone: (787) 

766–5926. 

SUPPLEMENTARY INFORMATION: The 

Magnuson Stevens Fishery Conservation 

and Management Act (MSA) requires 

that each Council maintain and utilize 

its SSCs to assist in the development, 

collection, evaluation, and peer review 

of information relevant to the 

development and amendment of fishery 


sroberts on DSKD5P82C1PROD with NOTICES