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 Department of Commerce International Trade Administration [A-557-813]
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that polyethylene retail carrier bags from Malaysia are not being sold in the United States at below normal value during the period of review (POR), August 1, 2022, through July 31, 2023. We invite interested parties to comment on these preliminary results.
 DATES: Applicable September 13, 2024.
 FOR FURTHER INFORMATION CONTACT: Charles Doss, 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) 482-4474.


SUPPLEMENTARY INFORMATION: Background On August 9, 2004, Commerce published the antidumping duty order on polyethylene retail carrier bags from Malaysia.[1]
                    
                     On August 2, 2023, we published in the 
                    **Federal Register**
                     a notice of opportunity to request an administrative review of the 
                    *Order.*[2]
                    
                     On October 18, 2023, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an administrative review of the 
                    *Order*
                     covering one entity.[3]
                    
                     On April 12, 2024, Commerce extended the deadline for the preliminary results until August 30, 2024.[4]
                    
                     On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.[5]
                    
                     The deadline for the preliminary results is now September 6, 2024. For a complete description of the events that followed the initiation of this review, 
                    *see*
                     the Preliminary Decision Memorandum.[6]
                    
                     A list of topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at 
                    *https://access.trade.gov.*
                     In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at 
                    *https://access.trade.gov/​public/​FRNoticesListLayout.aspx.* Scope of the Order The products covered by this 
                    *Order*
                     are polyethylene retail carrier bags. A full description of the scope of the 
                    *Order*
                     is contained in the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. Export price and constructed export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, 
                    *see*
                     the Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine the following estimated weighted-average dumping margin exists for the period August 1, 2022, through July 31, 2023: Producer/exporter
Weighted-
                             average 
                             dumping 
                             margin 
                             (percent)Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.7
0.00
 Disclosure and Public Comment We intend to disclose the calculations used for these preliminary results to interested parties within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.[8]
                    
                     Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.[9]
                    
                     Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.[10] As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.[11]
                    
                     Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[12] Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, using Enforcement and Compliance's ACCESS system within 30 days of publication of this notice.[13]
                    
                     Requests should contain 
                    ( print page 74873)
                    the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the case and rebuttal briefs. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing at a time and location to be determined.[14]
                    
                     Parties should confirm by telephone the date, time, and location of the hearing no fewer than two days before the scheduled date. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), Commerce will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their case briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable.[15]
                    
                     Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the 
                    **Federal Register**
                    . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
                    *i.e.,*
                     within 90 days of publication). If the weighted-average dumping margin for Euro SME is above 
                    *de minimis*
                     (
                    *i.e.,*
                     0.50 percent) in the final results of this review, we will calculate importer-specific 
                    *ad valorem*
                     antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).[16]
                    
                     If the respondent has not reported entered values, we will calculate a per-unit assessment rate for each importer by dividing the total amount of dumping calculated for the examined sales made to that importer by the total quantity associated with those sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above 
                    *de minimis*
                     (
                    *i.e.,*
                     0.50 percent). Where either the respondent's weighted-average dumping margin is zero or 
                    *de minimis,*
                     or an importer-specific assessment rate is zero or 
                    *de minimis,*
                     we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.[17] In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by the respondent for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate entries not reviewed at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.[18] Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of the final results of the administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results, as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for Euro SME will be equal to the dumping margin established in the final results of this review, except if the ultimate rate is 
                    *de minimis*
                     within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates 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 (LTFV) 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 LTFV investigation of this proceeding.[19]
                    
                     These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties, and/or increase in the amount of antidumping duties by the amount of the countervailing duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: September 6, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance.
 Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the 
                        *Order* IV. Discussion of Methodology V. Currency Conversion VI. Recommendation


# Footnotes

1.
    
                         
                        *See Antidumping Duty Order: Polyethylene Retail Carrier Bags from Malaysia,*69 FR 48203 (August 9, 2004) (
                        *Order*). Back to Citation
 2.
    
                         
                        *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List,*88 FR 50840 (August 2, 2023). Back to Citation
 3.
    
                         
                        *See Initiation of Antidumping and Countervailing Duty Administrative Reviews,*88 FR 71829 (October 18, 2023). Back to Citation
 4.
    
                         
                        *See*
                         Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated April 12, 2024. Back to Citation
 5.
    
                         
                        *See*
                         Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. Back to Citation
 6.
    
                         
                        *See*
                         Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Polyethylene Retail Carrier Bags from Malaysia; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). Back to Citation
 7.
    
                         In the 2018-2019 review, Commerce treated Euro SME Sdn. Bhd. and Euro Nature Green Sdn. Bhd. as a single entity (collectively, Euro SME). 
                        *See Polyethylene Retail Carrier Bags from Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019,*85 FR 83515 (December 22, 2020), and accompanying Preliminary Decision Memorandum at 3-5, unchanged in 
                        *Polyethylene Retail Carrier Bags from Malaysia: Final Results of Antidumping Administrative Review; 2018-2019,*86 FR 22019 (April 26, 2021). Our treatment of Euro SME Sdn. Bhd. and Euro Nature Green Sdn. Bhd. remains unchanged in this review. Back to Citation
 8.
    
                         
                        *See*19 CFR 351.309(c)(1)(ii) Back to Citation
 9.
    
                         
                        *See*19 CFR 351.309(d); 
                        *see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,*88 FR 67069, 67077 (September 29, 2023) (
                        *APO and Service Procedures*). Back to Citation
 10.
    
                         
                        *See*19 CFR 351.309(c)(2) and (d)(2). Back to Citation
 11.
    
                         We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. Back to Citation
 12.
    
                         
                        *See APO and Service Procedures.* Back to Citation
 13.
    
                         
                        *See*19 CFR 351.310(c). Back to Citation
 14.
    
                         
                        *See*19 CFR 351.310. Back to Citation
 15.
    
                         
                        *See*
                         section 751(a)(2)(C) of the Act. Back to Citation
 16.
    
                         In these preliminary 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 Proceedings; Final Modification,*77 FR 8101 (February 14, 2012). Back to Citation
 17.
    
                         
                        *See*19 CFR 351.106(c)(2). Back to Citation
 18.
    
                         For a full discussion of this practice, 
                        *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). Back to Citation
 19.
    
                         
                        *See Order,*
                         69 FR at 48204. Back to Citation


[FR Doc. 2024-20777 Filed 9-12-24; 8:45 am] BILLING CODE 3510-DS-P