[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26336-26337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8904]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-886


Polyethylene Retail Carrier Bags from the People's Republic of 
China: Amended Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 19, 2007, the Department of Commerce (the 
``Department'') published Polyethylene Retail Carrier Bags from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 72 FR 12762 (March 19, 2007) (``Final 
Results''), covering the period of review (``POR'') January 26, 2004, 
through July 31, 2005. We are amending the Final Results to correct 
ministerial errors made in the calculation of the dumping margins for 
Crown Polyethylene Products (International) Ltd. (``Crown'') and High 
Den Enterprises Ltd. (``High Den''), pursuant to section 751(h) of the 
Tariff Act of 1930, as amended (``the Act'').

EFFECTIVE DATE: May 9, 2007.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 
or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

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.
    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 this order. Furthermore, 
although the HTSUS subheading is provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.
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    \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.
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Background

    On March 19, 2007, the Department published the Final Results in 
the Federal Register. On March 20, 2007, we received ministerial error 
allegations from Crown and High Den, respectively. On March 26, 2007, 
we received rebuttal comments from the Polyethylene Retail Carrier Bag 
Committee and its individual members, Hilex Poly Co., LLC and Superbag 
Corporation, domestic interested parties and petitioners in the 
underlying investigation. A ministerial error as defined in section 
751(h) of the Act (see also 19 CFR 351.224(f)), includes ``errors in 
addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the {Secretary{time}  considers 
ministerial.'' After analyzing the comments by interested parties, we 
have determined, in accordance with section 751(h) of the Act that 
ministerial errors existed in the calculations for the Final Results 
with respect to Crown and High Den. For a detailed explanation of these 
issues, see the memorandum to the file from Laurel LaCivita, Senior 
Case Analyst, through Charles Riggle, Program Manager, ``Analysis for 
the Amended Final Results of the 2004-2005 Administrative Review of 
Polyethylene Retail Carrier Bags from the People's Republic of China: 
Crown Polyethylene Products (International) Ltd.,'' dated April 18, 
2007, and memorandum to the file from Laurel LaCivita, Senior Case 
Analyst, through Charles Riggle, Program Manager, ``Analysis for the 
Amended Final Results of the 2004-2005 Administrative Review of 
Polyethylene Retail Carrier Bags from the People's Republic of China: 
High Den Enterprises Ltd. (``High Den'')'' dated April 18, 2007. Both 
memoranda are on file in the Central Records Unit, room B-099 in the 
main building of the Department of Commerce.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of PRCBs from the PRC for Crown and High Den.

Amended Final Results

    The revised weighted-average dumping margins for Crown and High Den 
are detailed in the chart below.

[[Page 26337]]



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    Manufacturer/Exporter       Final Results of Review (Percent)    Amended Final Results of Review (Percent)
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Crown........................                                7.68                                           7.65
High Den.....................                               14.01                                          11.99
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    The Department shall determine, and U.S. Customs and Border 
Protection shall assess, antidumping duties on all appropriate entries 
based on the amended final results. For details on the assessment of 
antidumping duties on all appropriate entries, see Final Results, 72 FR 
12762, 12764.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: April 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-8904 Filed 5-8-07; 8:45 am]
BILLING CODE 3510-DS-S